MIFTAH
Monday, 1 July. 2024
 
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Israel was up in arms this week over the findings of Judge Richard Goldstone's report on the Israeli invasion into the Gaza Strip last winter after the report deemed Israel guilty of war crimes and possible crimes against humanity. According to the report, "there is evidence indicating serious violations of international human rights and humanitarian law were committed by Israel during the Gaza conflict, and that Israel committed actions amounting to war crimes, and possibly crimes against humanity."

The 574-page report did not exonerate Hamas from responsibility either, claiming its launching of rockets into Israel also constituted war crimes because they did not discriminate between military and civilian targets. However, the lion's share of blame was put on Israel for its disproportionate use of force, its collective punishment against the Gazans and its targeting of civilians in several instances. The report also branched out into the West Bank and Israel. However, while some Israeli individuals responded to the mission's request for interviews, the Israeli government refused to cooperate, calling the mission biased and disregarding the premise that Israel must "defend itself."

The report recommended that the UN Security Council should oblige Israel to report to it within six months after properly investigating into the cases outlined. If it fails to do so, the case should be referred to the International Criminal Court Prosecutor.

Israeli officials have rejected the findings, saying it disregards Israel's right to self defense. Israeli President Shimon Peres went as far as calling it a "mockery of history."

For days, the United States remained silent on Goldstone's findings but finally voiced its opinion on September 18. A statement issued by the State Department said the conclusions of the report were "unfair to Israel and did not fully deal with the role in the conflict of the militant Palestinian group Hamas." It also said the US objected to the recommendation that Israeli violations (or actions, as it put it) be referred to the ICC.

"While the report makes overly sweeping conclusions of fact and law with respect to Israel, its conclusions regarding Hamas' deplorable conduct and its failure to comply with international humanitarian law during the conflict are more general and tentative," a State Department spokesperson said.

For their part, the Palestinians were pleased with the report, saying Israel must be held accountable for the violations to humanitarian law detailed in it and encouraged the Security Council to refer these violations to the ICC.

Meanwhile, Israel continues to kick and scream and not only about the Goldstone report. Following the failed visit to the region by US Middle East Envoy George Mitchell last week, Israeli Prime Minister Benjamin Netanyahu's office accused the Palestinians of thwarting Mitchell's efforts. A source in the office apparently said the Palestinians "showed no flexibility, while Israel did."

This seems highly unlikely given Israel's rejection of the US demand to freeze settlements. The US wants one year of a settlement freeze, including in east Jerusalem while the Israeli government is adamant not to include east Jerusalem in the deal and offer a maximum of six months freeze after completing construction in houses already being built.

The Palestinians are obviously not happy with the outcome. On September 18, chief Palestinian negotiator Saeb Erekat insisted that the Palestinians were "sticking to their guns" in demanding a complete halt to settlement activity before any talks could take place. Israel and the United States were hoping for a breakthrough so as to pave way for a trilateral Palestinian-US-Israeli meeting on the sidelines of the UN General Assembly later this month.

"There is no agreement yet with the Israeli side and no middle ground solution," Erekat maintained.

During his visit, Mitchell also met Egyptian President Hosni Mubarak and King Abdullah of Jordan, during which he asked them to pressure Abbas into "softening his stance."

Mubarak also earlier met with Netanyahu on September 13 in Cairo. The two discussed the prospects of renewing peace talks with the Palestinians and Egypt's role. According to media sources, Mubarak warned Netanyahu of the risks of trying to Judaize Jerusalem and its impact on peace efforts. He also reiterated his and the Arab demand of halting settlements in the occupied Palestinian territories.

On September 17, UN Special Coordinator for the Middle East Peace Process Robert Serry, and UN envoy to the Middle East Quartet said he believed Palestinians could successfully create a state in two years. Serry, who was speaking before the Security Council was referring to Prime Minister Salam Fayyad's two year plan unveiled last month on means of establishing a state and ending the occupation.

"The Palestinian government is resolved to complete preparation for statehood in less than two years. I am convinced they can do it, if indeed they haven't already," Serry said.

That seems a bit optimistic given the facts on the ground and the continued internal split among Palestinians. However, Hamas has finally responded to the Egyptian proposal for reconciliation between Palestinian factions. On September 17, Hamas leader said Hamas' attitude towards the document was "positive," saying their official response would come after the Muslim holiday. But, he reassured it would be very similar to the other factions who have responded positively."

Fateh has also shown some lenience in terms of the Egyptian document. On September 16, the movement said that if Hamas agreed to the Egyptian reconciliation paper, President Abbas may accept to hold elections after January 2010. However, if Hamas rejects it, the PA will proceed with presidential and legislative elections as planned.

In other news, three people were killed in collapsed tunnels in the Gaza Strip this week. 19-year old Mustapha Salehea died on September 18 while on August 14, two men were killed and five injured in another tunnel collapse.

Twenty-five year old Ubeida Abdel Muti died of his wounds on September 15. Abdel Muti was shot four times by Israeli soldiers at a checkpoint in Hebron over two weeks ago.

Finally, Muslims everywhere are bidding farewell to Ramadan. On September 16, an approximate 300,000 Muslim worshippers flocked to the Aqsa Mosque compound in Jerusalem's Old City for Laylat Al Qader (The Night of Power). However, not so many were as lucky on September 18 when they were hoping to pray at the mosque on the last Friday of Ramadan. Israel clamped down a tight seizure on the West Bank September 17 on the occasion of the Jewish New Year, which is to run until midnight of September 20. Despite Israeli promises that "eligible" Palestinians (mostly the elderly) would be allowed to enter for prayer at the mosque, only 80,000 – 100,000 people were able to reach because checkpoints were backed up and soldiers were returning most people.

 
 
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