ZNet Special

ZNet | Mideast

How Human Rights Watch lost its way in Lebanon

by Jonathan Cook; Electronic Lebanon; September 10, 2006

NAZARETH - The measure of a human rights organisation is to be found not just in the strides it takes to seek justice for the oppressed and victimised but also in the compromises it makes to keep itself out of trouble. Because of the business that human rights defenders are in, they must be held to a standard higher than we demand of others.

Unfortunately, one of the best - Human Rights Watch - has failed that test during the war in Lebanon this summer.

To its credit, HRW has risked much opprobrium for taking Israel to task for systematically breaking international law during its assault on Lebanon. That has culminated in a predictable campaign of harassment by pro-Israel organisations in the US - as well as by the usual suspects like Alan Dershowitz - that have accused its researchers of libelling Israel and being anti-Semitic.

Such attacks reached an obscene pitch after HRW's executive director, Kenneth Roth, observed in publicity material accompanying a recent report that Israel appeared to have treated south Lebanon as a "free-fire zone" and that its strikes had failed to distinguish between civilians and Hizbullah fighters.

Roth, a Jew whose father fled Nazi Germany, was accused in typical hyperbolic fashion of engaging in "the de-legitimization of Judaism, the basis of much anti-Semitism" (New York Sun), being "an ally of the
barbarians" and "reflexive Israel basher" (David Horowitz), and resorting to a "slur about primitive Jewish bloodlust" (Jonathan Rosenblum).

I do not underestimate the damage that such criticism risks doing to the reputations of HRW and Roth. But I also know that no concession to such intimidation can be justified, not if we are to search for the truth or hope to defend the principal victims of violations of international law, the civilian populations of poor and weak nations.

Name-calling, however distasteful, cannot justify HRW distorting its findings to placate the Israel lobby. But that seems to be just what is happening.

The most egregious example is to be found in a post-war interview between the New York Times and a senior HRW researcher, Peter Bouckaert, about a recent report, "Fatal strikes", in which the organisation provides evidence that Israel fired indiscriminately on Lebanese civilians during the fighting.

Rather than concentrating on HRW's findings of war crimes in Lebanon - the focus of the research - Bouckaert digresses: "I mean, it's perfectly clear that Hezbollah is directly targeting civilians, and that their aim is to kill Israeli civilians. We don't accuse the Israeli army of deliberately trying to kill civilians. Our accusation, clearly stated in the report, is that the Israeli army is not taking the necessary precautions to distinguish between civilian and military targets. So, there is a difference in intent between the two sides. At the same time, they are both violating the Geneva Convention."

After an observation like that - stuffed in a brief space with so many double standrads - HRW should not complain if one day it finds itself short of friends prepared to come to its aid when next the likes of Dershowitz batter it with the anti-Semitism canard. Those who indulge in slurs (against Arabs) can hardly call on our sympathy when they themselves are victims of the same kind of innuendo.

First, how does Bouckaert know that Israel's failure to distinguish between civilian and military targets was simply a technical failure, a failure to take precautions, and not intentional? Was he or another HRW researcher sitting in one of the military bunkers in northern Israel when army planners pressed the button to unleash the missiles from their spy drones? Was he sitting alongside the air force pilots as they circled over Lebanon dropping their US-made bombs or tens of thousands of "cluster munitions", tiny land mines that are now sprinkled over a vast area of south Lebanon? Did he have intimate conversations with the Israeli chiefs of staff about their war strategy?

Of course not. He has no more idea than you or I what Israel's military planners and its politicians decided was necessary to achieve their war goals. In fact, he does not even know what those goals were. So why make a statement suggesting he does?

Similarly, just as Bouckaert is apparently sure that he can divine Israel's intentions in the war, and that they were essentially benign, he is equally convinced that he knows Hizbullah's intentions, and that they were malign. Whatever the evidence suggests - in a war in which Israel overwhelmingly killed Lebanese civilians and is still doing so, and in which Hizbullah overwhelmingly killed Israeli soldiers - Bouckaert knows better. He admits that both violated the Geneva Conventions, a failure he makes sound little more than a technicality, but apparently only Hizbullah had evil designs.

How is it "perfectly clear" to Bouckaert that Hizbullah was "directly" targeting Israeli civilians? It is most certainly not clear from the casualty figures.

It is also not clear, as I tried to document during the war, from the geographical locations where Hizbullah's rockets struck. My ability to discuss those locations was limited because all journalists based in Israel are subject to the rules of the military censor. We cannot divulge information useful to the "enemy" about Israel's myriad military installations - its army camps, military airfields, intelligence posts, arms stores and Rafael weapons factories.

What I did try to alert readers to was the fact that many, if not most, of those military sites are located next to or inside Israeli communities, including Arab towns and villages.

At least it is now possible, because some army positions were temporary, to reveal that many communities in the north had artillery batteries stationed next to them firing into Lebanon and that from Haifa Bay warships continually launched warheads at Lebanon. That information is now publicly available in Israel, and other examples are regularly coming to light.

I reported, for example, the other day that the Haaretz newspaper referred to legal documents to be presented in a compensation suit which show that the Arab village of Fassouta, close to the border with Lebanon, had an artillery battery stationed next to it throughout much of the war. A press release this week from a Nazareth-based welfare organisation, the Laborers' Voice, reveals that another battery was positioned by an Arab town, Majd al-Krum, during the war. Arab member of Knesset Abbas Zakour has also gone publicly on the record: "During a short visit to offer condolences to the families of victims killed in Hizbullah's rocket attacks, I saw Israeli tanks shelling Lebanon from the two towns of Arab Al-Aramisha and Tarshiha."

In other Arab communities, including Jish, Shaghour, and Kfar Manda, the Israeli army requisitioned areas to train their troops for the ground invasion of south Lebanon. According to the Arab Association for Human Rights (HRA), based in Nazareth, army officials justified their decision on the following grounds: "The landscape of Arab towns [in Israel] is similar to Arab towns in Lebanon."

Aside from the fact that this effective use of Israeli civilians as human shields by the army outdoes any "cowardly blending" (in the words of Jan Egeland of the United Nations) by Hizbullah in Lebanon, it also makes any attempt at second-guessing the targets of the Shiite militia's rockets futile. Unless Bouckaert was given a private audience with Hizbullah's leader, Hassan Nasrallah, or drove around with a Katyusha rocket team, his talk is pure hot air.

It might be possible to dismiss Bouckaert's comments as the private opinion of one researcher (even if one of HRW's most senior) were it not for the fact that the organisation has stood by his statements in correspondence with me. I have been told that Bouckaert's assertions are justified because "we generally conclude that the use of weapons that can't be targeted / are not precise, eg. are indiscriminate, when fired into civilian areas, are in and of themselves evidence of targeting civilians."

In fact, I know from conversations with Israeli journalists that Hizbullah's rockets were not as inaccurate as HRW would like to assume. Several important military sites were hit by Hizbullah rockets, though none of those incidents were reported and apparently cannot be as long as the military censorship rules apply.

I have also seen the deep scarring and charred brush on a hillside in northern Israel where an important army bunker used by military planners is located - evidence that Hizbullah knew exactly what was there and successfully aimed many of its rockets at the site.

Is it still possible to presume that Hizbullah is "directly" targeting civilians, as Bouckaert claims? HRW again: "We can conclude that they [Hizbullah] are targeting civilians and not just failing to discriminate sufficiently because the weapons themselves are not capable of being targeted with any real degree of precision, according to our arms division, so they know full well that the likelihood is that the weapons will not hit their target / will kill civilians."

What are we supposed to make of this argument from the world's foremost human rights organisation? HRW is accusing Hizbullah of committing graver war crimes than Israel, even though it killed far fewer civilians both numerically and proportionally, because its rockets are "less accurate". HRW is saying, in effect, that whatever Hizbullah's and Israel's respective intentions and whatever the respective outcomes of their attacks, Hizbullah must be treated as the greater pariah because its technology is inferior. Whether or not Hizbullah was aiming for military targets is irrelevant, says HRW, because its primitive rockets were likely to hit civilians - as opposed to Israel, which struck at Lebanese civilians with precision weapons.

And all of this, of course, entirely ignores Israel's use of as many as 100,000 cluster bombs, leaving an indiscriminate legacy of bomblets across south Lebanon that will kill and maim for months, and possibly years, to come. Is that not "clear" proof that Israel was "deliberately" targeting Lebanese civilians?

HRW's logic appears to be arguing that Hizbullah had no right - given its inadequate rocket technology - to defend its country from Israel's massive bombardment of Lebanon's civilian population. In other words, it had no right of self-defence because its military arsenal was inferior. It should have sat out the weeks of aerial attacks, refusing to engage Israel until the Israeli army decided it was time to mount a ground invasion. Only at that point, HRW implies, did Hizbullah have the right to strike back.

Such an argument effectively legitimises the use of military might by the stronger party, thereby making a nonsense of international law and the human rights standards HRW is supposed to uphold.

This sophistry is fooling no one, least of all, of course, Israel's apologists. They will keep up their relentless defamation of an organisation like Human Rights Watch as long as Israel comes under its scrutiny. By trying to appease them, our human rights champions damage only themselves and those they should be seeking to protect.


Jonathan Cook is a writer and journalist based in Nazareth, Israel. His book, Blood and Religion: The Unmasking of the Jewish and Democratic State, is published by Pluto Press.

http://www.zmag.org/content/showarticle.cfm?SectionID=22&ItemID=10920

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ZNet | Israel/Palestine

'Gaza is a jail. Nobody is allowed to leave’

by Patrick Cockburn ; The Independent; September 10, 2006

Gaza is dying. The Israeli siege of the Palestinian enclave is so tight that its people are on the edge of starvation. Here on the shores of the Mediterranean a great tragedy is taking place that is being ignored because the world's attention has been diverted by wars in Lebanon and Iraq.

A whole society is being destroyed. There are 1.5 million Palestinians imprisoned in the most heavily populated area in the world. Israel has stopped all trade. It has even forbidden fishermen to go far from the shore so they wade into the surf to try vainly to catch fish with hand-thrown nets.

Many people are being killed by Israeli incursions that occur every day by land and air. A total of 262 people have been killed and 1,200 wounded, of whom 60 had arms or legs amputated, since 25 June, says Dr Juma al-Saqa, the director of the al-Shifa Hospital in Gaza City which is fast running out of medicine. Of these, 64 were children and 26 women. This bloody conflict in Gaza has so far received only a fraction of the attention given by the international media to the war in Lebanon.

It was on 25 June that the Israeli soldier Gilad Shalit was taken captive and two other soldiers were killed by Palestinian militants who used a tunnel to get out of the Gaza Strip. In the aftermath of this, writes Gideon Levy in the daily Haaretz, the Israeli army "has been rampaging through Gaza - there's no other word to describe it - killing and demolishing, bombing and shelling, indiscriminately". Gaza has essentially been reoccupied since Israeli troops and tanks come and go at will. In the northern district of Shajhayeh they took over several houses last week and stayed five days. By the time they withdrew, 22 Palestinians had been killed, three houses were destroyed and groves of olive, citrus and almond trees had been bulldozed.

Fuad al-Tuba, the 61-year-old farmer who owned a farm here, said: "They even destroyed 22 of my bee-hives and killed four sheep." He pointed sadly to a field, its brown sandy earth churned up by tracks of bulldozers, where the stumps of trees and broken branches with wilting leaves lay in heaps. Near by a yellow car was standing on its nose in the middle of a heap of concrete blocks that had once been a small house.

His son Baher al-Tuba described how for five days Israeli soldiers confined him and his relatives to one room in his house where they survived by drinking water from a fish pond. "Snipers took up positions in the windows and shot at anybody who came near," he said. "They killed one of my neighbours called Fathi Abu Gumbuz who was 56 years old and just went out to get water."

Sometimes the Israeli army gives a warning before a house is destroyed. The sound that Palestinians most dread is an unknown voice on their cell phone saying they have half an hour to leave their home before it is hit by bombs or missiles. There is no appeal.

But it is not the Israeli incursions alone that are destroying Gaza and its people. In the understated prose of a World Bank report published last month, the West Bank and Gaza face "a year of unprecedented economic recession. Real incomes may contract by at least a third in 2006 and poverty to affect close to two thirds of the population." Poverty in this case means a per capita income of under $2 (#1.06) a day.

There are signs of desperation everywhere. Crime is increasing. People do anything to feed their families. Israeli troops entered the Gaza industrial zone to search for tunnels and kicked out the Palestinian police. When the Israelis withdrew they were replaced not by the police but by looters. On one day this week there were three donkey carts removing twisted scrap metal from the remains of factories that once employed thousands.

"It is the worst year for us since 1948 [when Palestinian refugees first poured into Gaza]," says Dr Maged Abu-Ramadan, a former ophthalmologist who is mayor of Gaza City. "Gaza is a jail. Neither people nor goods are allowed to leave it. People are already starving. They try to live on bread and falafel and a few tomatoes and
cucumbers they grow themselves."

The few ways that Gazans had of making money have disappeared. Dr Abu-Ramadan says the Israelis "have destroyed 70 per cent of our orange groves in order to create security zones." Carnations and strawberries, two of Gaza's main exports, were thrown away or left to rot. An Israeli air strike destroyed the electric power station so 55 per cent of power was lost. Electricity supply is now becoming almost as intermittent as in Baghdad.

The Israeli assault over the past two months struck a society already hit by the withdrawal of EU subsidies after the election of Hamas as the Palestinian government in March. Israel is withholding taxes owed on goods entering Gaza. Under US pressure, Arab banks abroad will not transfer funds to the government.

Two thirds of people are unemployed and the remaining third who mostly work for the state are not being paid. Gaza is now by far the poorest region on the Mediterranean. Per capita annual income is $700, compared with $20,000 in Israel. Conditions are much worse than in Lebanon where Hizbollah liberally compensates war victims for loss of their houses. If Gaza did not have enough troubles this week there were protest strikes and marches by unpaid soldiers, police and security men. These were organised by Fatah, the movement of the Palestinian President Mahmoud Abbas, also known as Abu Mazen, which lost the election to Hamas in January. His supporters marched through the streets waving their Kalashnikovs in the air. "Abu Mazen you are brave," they shouted. "Save us from this disaster." Sour-looking Hamas gunmen kept a low profile during the demonstration but the two sides are not far from fighting it out in the streets.

The Israeli siege and the European boycott are a collective punishment of everybody in Gaza. The gunmen are unlikely to be deterred. In a bed in Shifa Hospital was a sturdy young man called Ala Hejairi with wounds to his neck, legs, chest and stomach. "I was laying an anti-tank mine last week in Shajhayeh when I was hit by fire from an Israeli drone," he said. "I will return to the resistance when I am better. Why should I worry? If I die I will die a martyr and go to paradise."

His father, Adel, said he was proud of what his son had done adding that three of his nephews were already martyrs. He supported the Hamas government: "Arab and Western countries want to destroy this government because it is the government of the resistance."

As the economy collapses there will be many more young men in Gaza willing to take Ala Hejairi's place. Untrained and ill-armed most will be killed. But the destruction of Gaza, now under way, will ensure that no peace is possible in the Middle East for generations to come.

The deadly toll

* After the kidnap of Cpl Gilad Shalit by Palestinians on 25 June, Israel launched a massive offensive and blockade of Gaza under the operation name Summer Rains.

* The Gaza Strip's 1.3 million inhabitants, 33 per cent of whom live in refugee camps, have been under attack for 74 days.

* More than 260 Palestinians, including 64 children and 26 women, have been killed since 25 June. One in five is a child. One Israeli soldier has been killed and 26 have been wounded.

* 1,200 Palestinians have been injured, including up to 60 amputations. A third of victims brought to hospital are children.

* Israeli warplanes have launched more than 250 raids on Gaza, hitting the two power stations and the foreign and Information ministries.

* At least 120 Palestinian structures including houses, workshops and greenhouses have been destroyed and 160 damaged by the Israelis.

* The UN has criticised Israel's bombing, which has caused an estimated $1.8bn in damage to the electricity grid and leaving more than a million people without regular access to drinking water.

* The Israeli human rights group B'Tselem says 76 Palestinians, including 19 children, were killed by Israeli forces in August alone. Evidence shows at least 53 per cent were not participating in hostilities.

* In the latest outbreak of violence, three Palestinians were killed yesterday when Israeli troops raided a West Bank town in search of a wanted militant. Two of those killed were unarmed, according to witnesses.

http://www.zmag.org/content/showarticle.cfm?SectionID=107&ItemID=10918