Israel’s Dahiya Doctrine Undermines Its ‘Collateral Damage’ Claims In Gaza
It’s been a full year since Israel unleashed ‘Operation Cast Lead’ against the people of Gaza, leaving 1,400 dead (mostly civilians). Israel and Egypt continue to blockade the 1.5 million inhabitants confined within the war-torn ghetto, restricting the flow of food, fuel, and other essential items, and thus making reconstruction and recovery virtually impossible.
The Guardian reports:
There is no uncontaminated water [in Gaza]; of the 40,000 or so newborn babies, at least half are at immediate risk of nitrate poisoning – incidence of “blue baby syndrome”, methaemoglobinaemia, is exceptionally high; an unprecedented number of people have been exposed to nitrate poisoning over 10 years; in some places the nitrate content in water is 300 times World Health Organisation standards; the agricultural economy is dying from the contamination and salinated water; the underground aquifer is stressed to the point of collapse; and sewage and waste water flows into public spaces and the aquifer.
Israel purposely destroyed Palestinian farmlands with tank bulldozers, wrecking 17% of it, and leaving 30% of it unusable.
Virtually none of Gaza’s civilian infrastructure has been rebuilt since the military escalation a year ago (as building materials have largely been denied entry from Israel’s blockade). The Irish Times reports that:
Some 15,000 homes were damaged or destroyed during the offensive, displacing 100,000 Palestinians.
The UN estimates 3,450 homes need to be rebuilt, 2,870 homes require major reconstruction, and 52,000 need minor repairs.
The blockade has closed down 98 per cent of Gaza’s industries, while Israel’s offensive destroyed or damaged 700 private businesses, at a cost of $139 million. The war devastated agriculture, electricity and water purification and sanitation plants, health facilities and schools.
John Ging, director of operations in Gaza for UNRWA, the United Nations Relief and Works Agency, told the Guardian at the time of the military incursion, when the IDF repeatedly shelled civilian structures (including UN facilities):
Under international law, installations such as schools, health centres and UN facilities should be protected from attack. Well before the current fighting, the UN had given to the Israeli authorities the GPS co-ordinates of all its installations in Gaza, including Asma elementary school [which was shelled].
Considering that Israel has arguably the most sophisticated weaponry in the world, why were there so many civilian casualties? Why did so much of the civilian infrastructure get annihilated (including entire residential neighborhoods, farmlands, schools, UN facilities, health facilities, electricity, water purification and sanitation plants)? These questions lie at the very heart of the Goldstone Report.
A tired rhetorical tactic of Goldstone Report critics (including many of our own U.S. Congressmen) has been to re-frame the argument to a simple justification: “Israel had every right to defend itself against Hamas rocket fire.”
The truth of the matter is the Goldstone Report NEVER EVER criticizes Israel for launching a military operation against Gaza in retaliation of Hamas rocket fire. In fact, the war crimes attributed to Israel are entirely focused on its deliberate targeting of civilians and civilian infrastructure (as just described above).
Here’s distinguished South African jurist Richard Goldstone making this point to Bill Moyers:
BILL MOYERS: Let me put down a few basics first. Personally, do you have any doubt about Israel’s right to self-defense?
RICHARD GOLDSTONE: Absolutely not. And our approach to our mission and in our report the right of Israel to defend its citizens is taken as a given.
BILL MOYERS: So the report in no way challenges Israel’s right to self-defense-
RICHARD GOLDSTONE: Not at all. What we look at is how that right was used. We don’t question the right.
BILL MOYERS: What did you see with your own eyes when you went there?
RICHARD GOLDSTONE: Well, I saw the destruction of the only flour-producing factory in Gaza. I saw fields plowed up by Israeli tank bulldozers. I saw chicken farms, for egg production, completely destroyed. Tens of thousands of chickens killed. I met with families who lost their loved ones in homes in which they were seeking shelter from the Israeli ground forces. I had to have the very emotional and difficult interviews with fathers whose little daughters were killed, whose family were killed. One family, over 21 members, killed by Israeli mortars. So, it was a very difficult investigation, which will give me nightmares for the rest of my life. [..]
BILL MOYERS: What makes those acts war crimes, as you say?
RICHARD GOLDSTONE: Well, humanitarian law, really fundamentally is what’s known as the “principle of distinction.” It requires all people involved, commanders, troops, all people involved in making war, it requires them to distinguish between civilians and combatants. […]
BILL MOYERS: You wrote, quote, the military operation, this military operation in Gaza, was a result of the disrespect for the fundamental principle of ‘distinction’ in international humanitarian law. So in layman’s language, the distinction between what and what?
RICHARD GOLDSTONE: Between combatants and innocent civilians.
BILL MOYERS: And you’re saying Israel did not do that, in many of these incidents.
RICHARD GOLDSTONE: That’s correct.
BILL MOYERS: Did you find evidence that that is deliberate on their part?
RICHARD GOLDSTONE: Well, we did. We found evidence in statements made by present and former political and military leaders, who said, quite openly, that there’s going to be a disproportionate attack. They said that if rockets are going to continue, we’re going to hit back disproportionately. We’re going to punish you for doing it. And that’s not countenanced by the law of war.
BILL MOYERS: So they were doing, on the ground, what they had said earlier they intended to do.
RICHARD GOLDSTONE: That’s correct.
BILL MOYERS: -so there was intention.
Israel’s Deliberate Intent: “The Dahiya Doctrine”
A key lesson taken away from Israel’s 2006 military escalation in Lebanon — where over 1,100 Lebanese civilians were killed, 915,762 displaced (25% of Lebanon’s entire population), and significant civil infrastructure was destroyed — became known to Israeli Officials as “The Dahiya Doctrine”. Israeli Defense Forces’ Northern Command chief, Maj.-Gen. Eisenkot, described the doctrine to the press while actively serving in a senior command position (also transcribed into the contents of the Goldstone Report):
“What happened in the Dahiya quarter of Beirut in 2006 will happen in every village from which Israel is fired on,” said Gadi Eisenkot, head of the army’s northern division. Dahiya was a Hizbullah stronghold that Israel flattened in sustained air raids during a 34-day war with the Shiite group two years ago.
“We will apply disproportionate force on it (village) and cause great damage and destruction there. From our standpoint, these are not civilian villages, they are military bases,” Eisenkot told the Yedioth Ahronoth newspaper.
“This is not a recommendation. This is a plan. And it has been approved,” Eisenkot added.
The Goldstone Report quoted Major General (Ret.) Giora Eiland as having revealed (also in October of 2008 — less than two months before the Gaza offensive) that:
In the event of another war with Hizbullah, the target must not be the defeat of Hizbullah but “the elimination of the Lebanese military, the destruction of the national infrastructure and intense suffering among the population… Serious damage to the Republic of Lebanon, the destruction of homes and infrastructure, and the suffering of hundreds of thousands of people are consequences that can influence Hizbollah’s behaviour more than anything else”.
Israeli Leader, Col. (Ret.) Gabriel Siboni, also weeks before the Operation Cast Lead in Gaza, had this to say about Israel’s military plans:
With an outbreak of hostilities, the IDF will need to act immediately, decisively,and with force that is disproportionate to the enemy’s actions and the threat it poses. Such a response aims at inflicting damage and meting out punishment to an extent that will demand long and expensive reconstruction processes. The strike must be carried out as quickly as possible, and must prioritize damaging assets over seeking out each and every launcher. Punishment must be aimed at decision makers and the power elite… In Lebanon, attacks should both aim at Hizbollah’s military capabilities and should target economic interests and the centres of civilian power that support the organization. Moreover, the closer the relationship between Hezbollah and the Lebanese Government, the more the elements of the Lebanese State infrastructure should be targeted. Such a response will create a lasting memory among … Lebanese decision makers, thereby increasing Israeli deterrence and reducing the likelihood of hostilities against Israel for an extended period. At the same time, it will force Syria, Hizbollah, and Lebanon to commit to lengthy and resource-intensive reconstruction programmes…
This approach is applicable to the Gaza Strip as well. There, the IDF will be required to strike hard at Hamas and to refrain from the cat and mouse games of searching for Qassam rocket launchers. The IDF should not be expected to stop the rocket and missile fire against the Israeli home front through attacks on the launchers themselves, but by means of imposing a ceasefire on the enemy
The Goldstone Report adds this paragraph on Israeli intent:
The Mission does not have to consider whether Israeli military officials were directly influenced by these writings. It is able to conclude from a review of the facts on the ground that it witnessed for itself that what is prescribed as the best strategy appears to have been precisely what was put into practice.
The Report concludes that Palestinian civilians and their non-military infrastructure in Gaza were NOT collateral damage in Operation Cast Lead; they were intentionally and deliberately targeted for destruction.
Which begs the question: if the UN had insisted on forming its own fact finding mission to investigate the war crimes that had been extensively reported in Lebanon, could that undertaking have deterred Israel from pursuing the Dahiya Doctrine in Gaza? The Israeli government had instead been permitted to appoint its own commission of inquiry, the Winograd Commission — whose findings were blasted by Amnesty International and other human rights groups for completely disregarding Israeli actions that could implicate its officials in war crimes. The Independent said of the Commission’s findings:
The commission’s statement last night omitted any mention of civilian casualties in Lebanon – for which Israel faced widespread criticism during the war. Instead it contained a strong, if hawkish, message to the Israeli political and military establishment that its only hope of “peace or non-war” is if Israeli society and others in the region believe “Israel has the political and military capabilities… to deter… its neighbours.”
Israel obviously interpreted the Winograd findings along with the international community’s reluctance to pursue war crimes investigations as something of a green light for pursuing the Dahiya Doctrine in Gaza. Let us hope that the Goldstone Report — which was resoundingly endorsed in October in a UN Human Rights Council Resolution — will help to serve as a deterrent against future crimes against humanity.
War Crimes Catch Up With Israeli Officials: They Can No Longer Visit The UK
Ha’aretz is now confirming that the United Kingdom had in fact issued a warrant for former Israeli Foreign Minister Tzipi Livni’s arrest — for alleged war crimes committed during Israel’s Gaza offensive, called ‘Operation Cast Lead’:
British sources reported late Monday that though a British court had issued an arrest warrant for Livni over war crimes allegedly committed in Gaza while she served as foreign minister, it annulled it upon discovering she was not in the U.K.
Livni served as foreign minister alongside Prime Minister Ehud Olmert and Defense Minister Ehud Barak during the Israel Defense Forces offensive in Gaza. The three figures comprised the “troika” of top decision-makers who charted the course of the war.
The Guardian points out the significance of this arrest warrant, and goes on to explain that former Israeli leaders (no longer serving) lose their diplomatic immunity granted under the State Immunity Act:
The warrant marks the first time an Israeli minister or former minister has faced arrest in the UK and is evidence of a growing effort to pursue war crimes allegations under “universal jurisidiction”. Israel rejects these efforts as politically motivated, saying it acted in self-defence against Hamas rocket attacks from Gaza. […]
It is the second time in less than three months that lawyers have gone to Westminster magistrates court asking for a warrant for the arrest of an Israeli politician. In September the court was asked to issue one for the arrest of Ehud Barak, Israel’s defence minister, under the 1988 Criminal Justice Act, which gives courts in England and Wales universal jurisdiction in war crimes cases.
Barak, who was attending a meeting at the Labour party conference in Brighton, escaped arrest after the Foreign Office told the court that he was a serving minister who would be meeting his British counterparts. The court ruled he enjoyed immunity under the State Immunity Act 1978.
According to Israeli sources, ministers who wish to visit the UK in a personal capacity have begun asking the Israeli embassy in London to arrange meetings with British officials. These offer legal protection against arrest.
Livni, crucially, cannot enjoy any such immunity as she is an ex-minister. Ehud Olmert, the former prime minister, is in the same position.
The Associated Press recalls how this universal jurisdiction concept was cited by Spain in arresting Chilean dictator Augusto Pinochet in 1998, and how this precedent has given activists in other countries inspiration to petition international courts to try officials for alleged war crimes. Chris Doyle, director of the Council for Arab-British Understanding, tells the AP:
“This pleases those who believe that Israeli leaders long have violated international norms with impunity. […] We cannot talk tough on terrorism and be weak on war crimes,” Doyle said. “So I think the use of universal jurisdiction in these cases is a good thing. Parties in Israel must realize there is a consequence to their behavior. For decades they’ve violated Security Council resolutions and international law with little or no consequence,” he said.
Other Israeli officals have also been forced to cancel their trips to the United Kingdom after being tipped off of possible war crimes arrest warrants:
In 2005 a retired Israeli general, Doron Almog, returned to Israel immediately after landing in London because he was tipped off that British police planned to arrest him. The warrant against Almog — who oversaw the 2002 bombing of a Gaza home in which 14 people were killed along with a leading Palestinian militant — was later canceled.
Other Israeli leaders, including former military chief Moshe Yaalon and ex-internal security chief Avi Dichter, have canceled trips to Britain in recent years for the same reason.
The Guardian now reports that Israel is responding to Tzipi Livni’s war crimes warrant by imposing an Israeli government travel ‘ban’:
Israel hit back at Britain today over the arrest warrant issued for former foreign minister Tzipi Livni for alleged war crimes, warning that until the matter was resolved senior officials would not be visiting the UK.
Israelis prime minister, Binyamin Netanyahu, called the warrant absurd, the Ynet website reported.
The British ambassador, Tom Phillips, was summoned to the foreign ministry in Jerusalem where a senior Israeli official told him the row over Livni meant that Britain’s ability to play a role in the Middle East peace process had been damaged.
Perhaps Israel would be better served by taking the advice of its own Deputy Prime Minister, who told Ha’aretz:
Deputy Prime Minister Dan Meridor thinks Israel should establish its own independent committee to investigate Israel Defense Forces activity in the Gaza Strip during last winter’s Operation Cast Lead.
“I have faith in the army and it is my duty to protect it, its commanders and its soldiers – and the most effective tool for this is serious self-examination,” Meridor said in a recent interview with Haaretz. “A state that examines itself [protects itself from] harassment. Today, with the development of international law, one of the best means of defense is for a state to investigate itself.”
Which is exactly what Richard Goldstone has been saying, all along:
“I certainly hope that there will be sufficient drive within Israel, within the government and in the general public to force the Israeli government to set up an independent, open inquiry. And it can do it. It’s got a wonderful legal system, its got a great judicial system, its got retired judges who certainly, in my book, would earn the respect of the overwhelming number of people around the world, including the Arab world, who, if they held open, good faith inquiries, would put an end to this.”
Countries which consider themselves to be intrinsically ‘exceptional’ — immune from obeying international laws, and thumb their noses at allegations as serious as war crimes — will naturally become viewed as pariah states.
Now if we could just get someone to investigate Bush Administration war crimes …
Obama’s Nobel Peace Prize Speech Incites Neo-Con Cartwheels
President Barack Obama’s Nobel Peace Prize Speech, in my opinion, was an attempt to somehow mesh Candidate Obama — the principled, compassionate, mindful leader who won the Nobel Peace Prize — to President Obama — torch bearer of the neo-con commitment to open-ended warring.
He started off on a semi-defensive tone, giving something of a broad justification for embarking on an indefinite commitment to more killing and dying in occupied Afghanistan. He then transformed into the more thoughtful, sensible, Candidate Obama persona — the one that artfully taps into secular humanistic sensibilities. A little something for everyone, I guess …
In all fairness to Obama, he never should have been awarded this honor, and he somewhat acknowledged that fact. So it was by no fault of his own that he had to somehow overcome this uncomfortable, somewhat vicarious predicament. And from the favorable reception this speech has been getting from both the Left and Right, it’s safe to conclude he pulled it off — politically-speaking. You know you are the rhetorical master when you deliver a speech that:
It was as if Obama was saying: even THIS president doesn’t do canapés and champagne with European peaceniks! Hoo-ah! After the speech, Karl Rove was crowing, if you can crow by Twitter. “Tweeted that Gerson and Thiessen had gone to work at the Obama White House,” he e-mailed me—Gerson and Thiessen being the two neo-con wordsmiths in the Bush shop.
and also garners support from left-of-center columnists like Joe Klein of Time:
“How does a rookie President, having been granted the Nobel Peace Prize, go about earning it? Well, he can start by giving the sort of Nobel lecture that Barack Obama just did, an intellectually rigorous and morally lucid speech that balanced the rationale for going to war against the need to build a more peaceful and equitable world.”
Here are a couple things from the speech that managed to exorcise my ire:
1. The beginning of Obama’s speech, where he resorted to exaggerated, simplistic notions — i.e. ‘neo-con speak’ — to try to justify his Afghanistan decision:
“For make no mistake: Evil does exist in the world. A non-violent movement could not have halted Hitler’s armies. Negotiations cannot convince al Qaeda’s leaders to lay down their arms.”
This part really disappointed me — that he would resort to this kind of charged-up demagoguery. He has never been one to shy away from complexity in making his case to the American people. His sudden fallback on words like “evil,” and conjuring up images of Adolph Hitler to justify his decision in Afghanistan, will lead many discerning viewers to question his underlying sincerity; especially after eight years of George W. Bush misleading us into wars, committing war crimes, and trampling upon our Constitutional rights — all under the guise of that same simplistic imagery. It’s as if Obama himself has come to recognize that his own substantive case for war is somehow unconvincing on its own merits.
Yes, we are all keenly aware that there’s a small band of loosely connected thugs (al Qaeda), which poses a threat — on some level — to American security. But don’t even try and muddy that threat with Adolph Hitler imagery — a dictator of an industrial nation that had one of the most powerful militaries in the world; one who bombed and invaded country after country, committing genocide against Jews and other innocents, and who ultimately left over 65 million dead in his wake. It’s a disingenuous comparison. The world faces no equivalent threat to Nazi Germany, and this kind of demagoguery has been used far too often — as of late — by disingenuous leaders seeking to justify unnecessary wars.
World War II was a necessary war, but Iraq was not — something he acknowledged, if only by its omission from his speech. But a continued military escalation in Afghanistan is also unnecessary. The tragic consequences of neo-con warmongering has all but ensured that exaggerated threats leveled as a run-up to military escalation is only going to fall on deaf ears, and his doing so only undermines America’s ‘new and improved’ image abroad.
2. Obama’s speech then pivoted to a more idealistic discussion on world responsibility — one where all countries are subjected to the same standards:
To begin with, I believe that all nations — strong and weak alike — must adhere to standards that govern the use of force. I — like any head of state — reserve the right to act unilaterally if necessary to defend my nation. Nevertheless, I am convinced that adhering to standards, international standards, strengthens those who do, and isolates and weakens those who don’t. […]
Furthermore, America — in fact, no nation — can insist that others follow the rules of the road if we refuse to follow them ourselves. For when we don’t, our actions appear arbitrary and undercut the legitimacy of future interventions, no matter how justified. […]
Where force is necessary, we have a moral and strategic interest in binding ourselves to certain rules of conduct. And even as we confront a vicious adversary that abides by no rules, I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength. That is why I prohibited torture. That is why I ordered the prison at Guantanamo Bay closed. And that is why I have reaffirmed America’s commitment to abide by the Geneva Conventions. We lose ourselves when we compromise the very ideals that we fight to defend. (Applause.) And we honor — we honor those ideals by upholding them not when it’s easy, but when it is hard. […]
Those who claim to respect international law cannot avert their eyes when those laws are flouted.
This one almost made me laugh. Mr. President, clearly this rings hollow to anyone who’s been following your continued cover up of Bush Administration war crimes and your continuation of indefinite detention. Hell — let’s put your predecessor’s illegalities (and your cover up and perpetuation of them) aside for a second. You extend this same “exceptionalism” — this same exemption from international law — to another country: Israel. Richard Goldstone’s UN Fact Finding Mission on the Gaza Conflict produced a credible, scathing report documenting Israeli and Hamas war crimes. You, your administration, and the U.S. Congress immediately discarded it outright using flimsy, ridiculous, unsupportable excuses, as if international laws shouldn’t apply to Israel either.
It appears that much of his speech’s positive feedback from the Left has been directed at his placing recognition on the historic role of war in helping to actually foster peace. He brought up the Balkans as an example. It’s a legitimate point; there are times when war is absolutely necessary in preserving or restoring peace. And yes, the U.S. has willfully assumed a great deal of the world’s burden on this front, paying dearly in American lives and treasure.
There are very few who would look back on history and contend that the U.S. should have stayed out of the 2nd World War, or shouldn’t have intervened — the embarrassingly few times we actually did — to stop genocide. The problem I have is he’s obviously attempting to conflate these noble causes of war with something unrelated: Afghanistan.
Obama is not sending 30,000 additional troops to Darfur or to the Congo to save millions of civilian lives. We’re sending young Americans to prop up a corrupt and illegitimate regime in Afghanistan that has its hands deep into the world’s heroin industry. And this is supposedly vital to U.S. security interests, only because there are fewer than 100 cave-dwelling al Qaeda operatives somewhere between Pakistan and Afghanistan.
Obama is a master orator — I give him that.
Having said all this, the entirety of Obama’s speech was not utterly deplorable — in fact, he’s incapable of delivering a bad speech. But overall, it rang hollow to me, leaving me with the following impressions:
- He knew, as we all did, that he had NO BUSINESS being in Oslo, accepting the Nobel Peace Prize. (He cannot be blamed for this.)
- In using neo-con, war-mongering rhetoric overseas, he slightly diminished America’s ‘new’ standing in the world, as well as his own image, while simultaneously giving the now-ridiculed neo-cons a HUGE moral victory; a big ‘told you so’. It felt like he somehow substantiated their despicable and dishonest methods by exhibiting lines from their very own playbook, word for word, to reach a similar ends. How appalling, after all the calamity they inflicted upon this country and this world.
Have we finally seen the real Obama?
Bill Moyers Interviews Justice Richard Goldstone About Gaza Investigations
Here’s a must see for those interested in learning more about the UN Human Rights Council’s investigation into Israel’s military incursion into Gaza, and its controversial findings: namely that both Israel and Hamas committed war crimes. Bill Moyers speaks at length with Justice Richard Goldstone — whom I wrote about last week. Here’s a few […]
U.S. Efforts To Undermine Goldstone Report Diminishes Its Own Standing In World
Richard Goldstone, a Jewish South African and a champion for human rights, gave a speech in 2000 at Jerusalem’s Yakar in Israel where he revealed that his motivations for bringing war criminals to justice stemmed from the lessons he’d learned of the Holocaust: Goldstone said the Holocaust has shaped legal protocol on war, adding that […]