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collective punishment
Amnesty War Crimes Probe Exposes Israel's 'Wanton Destruction' in Gaza
"The creation of any 'buffer zone' must not amount to the collective punishment of the Palestinian civilians who lived in these neighborhoods," warned one Amnesty campaigner.
Sep 05, 2024
Amnesty International said Thursday that the Israeli military should be investigated for the "war crimes of wanton destruction and of collective punishment" over its destruction of entire communities along Gaza's border with Israel.
"Using bulldozers and manually laid explosives, the Israeli military has unlawfully destroyed agricultural land and civilian buildings, razing entire neighborhoods, including homes, schools, and mosques," the London-based rights group said in a new investigation.
Amnesty analyzed satellite imagery, as well as photos and videos posted online by invading Israel Defense Forces troops between October and May, and found that the IDF has cleared wide swathes of land up to 1.2 miles (1.8 km) wide along Gaza's eastern border.
"In some videos, Israeli soldiers are seen posing for pictures or toasting in celebration as buildings are demolished in the background," the report states.
Israeli forces laid waste to much of Khuza'a in Khan Younis governate, under the pretext that Hamas-led militants attacked southern Israel from the town on October 7.
Salem Qudeih, a teacher who lived in Khuza'a about a mile from the border, told Amnesty that "around my family home we had a three dunam (0.7 acre) orchard full of fruit trees. They were all destroyed. Only an apple tree and a rose were left."
"I had bees and produced honey. All of it is gone now," he added. "Out of the 222 houses of my relatives in the area, only about a dozen remain. My home—where I lived with my wife, my five daughters, and one son—was completely destroyed."
Erika Guevara-Rosas, Amnesty's senior director for research, advocacy, policy, and campaigns, said in a statement: "The Israeli military's relentless campaign of ruin in Gaza is one of wanton destruction. Our research has shown how Israeli forces have obliterated residential buildings, forced thousands of families from their homes, and rendered their land uninhabitable."
"Our analysis reveals a pattern along the eastern perimeter of Gaza that is consistent with the systematic destruction of an entire area," she continued. "These homes were not destroyed as the result of intense fighting. Rather, the Israeli military deliberately razed the land after they had taken control of the area."
"The creation of any 'buffer zone' must not amount to the collective punishment of the Palestinian civilians who lived in these neighborhoods," Guevara-Rosas added. "Israel's measures to protect Israelis from attacks from Gaza must be carried out in conformity with its obligations under international law, including the prohibition of wanton destruction and of collective punishment."
"The Israeli military deliberately razed the land after they had taken control of the area."
Other experts—including United Nations officials and scholars—have previously highlighted what Robert Pape, a U.S. military historian and University of Chicago professor, described as "one of the most intense civilian punishment campaigns in history."
In the 335 days since October 7, Israeli forces have killed or maimed more than 145,000 Palestinians in Gaza while forcibly displacing almost all of the embattled strip's 2.3 million people and destroying hundreds of thousands of homes and other structures, according to Palestinian and international officials. Rebuilding after Israel's obliteration of Gaza's civilian infrastructure is expected to cost over $18.5 billion, or nearly Palestine's entire annual gross domestic product.
Israel is currently on trial for genocide at the International Court of Justice in The Hague. Meanwhile, International Criminal Court (ICC) Prosecutor Karim Khan has applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and Hamas leaders for alleged war crimes including extermination.
"International humanitarian law, which applies in situations of armed conflict, including during military occupation, is comprised of rules whose central purpose is to limit, to the maximum extent feasible, human suffering in times of armed conflict," Amnesty explained Thursday.
The group noted that under the Fourth Geneva Convention, "extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly," is a war crime.
Additionally, the treaty bans collective punishment of civilians, stating that "no protected person may be punished for an offense he or she has not personally committed."
Amnesty has repeatedly
accused Israel of committing war crimes in Gaza and has urged the ICC to open investigations into multiple "indiscriminate" and "disproportionate" IDF massacres, as well as torture and other alleged human rights violations.
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Hundreds of Legal Experts Push Biden to Drop 'Punitive and Deadly' Sanctions
"Hundreds of millions of civilians around the world suffer—and hundreds of thousands have died—even in times of ostensible peace under the broad economic sanctions imposed unilaterally and illegally by the United States."
Aug 12, 2024
As human rights defenders marked the 75th anniversary of the Fourth Geneva Convention and its prohibition on collective punishment, hundreds of legal experts and groups on Monday urged the global community—and the United States government in particular—"to comply with international law by ending the use of broad, unilateral coercive measures that extensively harm civilian populations."
In a letter to U.S. President Joe Biden, the jurists and legal groups wrote that "75 years ago, in the aftermath of one of the most destructive conflicts in human history, nations of the world came together in Geneva, Switzerland to establish clear legal limits on the treatment of noncombatants in times of war."
"The legal community needs to push back against the narrative that sanctions are nonviolent alternatives to warfare."
"One key provision... is the prohibition of collective punishment, which is considered a war crime," the letter continues. "We consider the unilateral application of certain economic sanctions to constitute collective punishment."
Suzanne Adely, president of the National Lawyers Guild—one of the letter's signatories—said in a statement that "economic sanctions cause direct material harm not only to the people living on the receiving end of these policies, but to those who rely on trade and economic relations with sanctioned countries."
"The legal community needs to push back against the narrative that sanctions are nonviolent alternatives to warfare and hold the U.S. Government accountable for violating international law every time it wields these coercive measures," she added.
The new letter states:
Collective punishment is a standard practice of U.S. foreign policy today in the form of broad, unilateral economic and financial sanctions. While other countries apply sanctions in some form, the United States imposes more unilateral economic sanctions than any other country in the world, by far. Though this method of collective punishment may differ from that of conventional warfare, and is often applied outside of declared military conflict, its collective impact on civilians can be just as indiscriminate, punitive, and deadly.
"Hundreds of millions of people currently live under such broad U.S. economic sanctions in some form, including in notable cases such as Cuba, Iran, North Korea, Syria, and Venezuela," the letter notes. "The evidence that these measures can cause severe, widespread civilian harm, including death, is overwhelming. Broad economic sanctions can spark and prolong economic crises, hinder access to essential goods like food, fuel, and medicine, and increase poverty, hunger, disease, and even death rates, especially among children. Such conditions in turn often drive mass migration, as in the recent cases of Cuba and Venezuela."
For more than 64 years, the U.S. has imposed a crippling economic embargo on Cuba that had adversely affected all sectors of the socialist island's economy and severely limited Cubans' access to basic necessities including food, fuel, and medicines. The Cuban government
claims the blockade cost the country's economy nearly $5 billion in just one 11-month period in 2022-23 alone. For the past 32 years, United Nations member states have voted overwhelmingly against the U.S. embargo on Cuba. Last year's vote was 187-2, with the U.S. and Israel as the only dissenters.
According to a 2019 report from the Center for Economic and Policy Research, a progressive think tank based in Washington, D.C., as many as 40,000 Venezuelans died from 2017-18 to U.S. sanctions, which have made it much more difficult for millions of people to obtain food, medicine, and other necessities.
"Civilian suffering is not merely an incidental cost of these policies, but often their very intent," the new letter asserts. "A 1960 State Department memo on the embargo of Cuba suggested 'denying money and supplies to Cuba, to decrease monetary and real wages, to bring about hunger, desperation, and overthrow of government.'"
"Civilian suffering is not merely an incidental cost of these policies, but often their very intent."
"Asked whether the Trump administration's sanctions on Iran were working as intended, then-Secretary of State Mike Pompeo responded that 'things are much worse for the Iranian people, and we're convinced that will lead the Iranian people to rise up and change the behavior of the regime,'" the signers added.
Experts have repeatedly noted that while sanctions harm everyday people in targeted countries, leaders of those nations use their positions as dictators to enrich themselves and members of their inner circles. Sanctions also fail to work as intended to topple targeted regimes. Cuba's revolutionary government has outlasted a dozen U.S. presidents. Iran has been under U.S. sanctions since the late 1970s, yet its Islamic regime remains entrenched and has forged closer relations with Russia and China. Syrian President Bashar al-Assad is still in power despite two decades of U.S. sanctions. North Korea's dynastic dictatorship shows no signs of cracking after seven decades of sanctions.
Others have highlighted the hypocrisy of the United States sanctioning nations over ideological differences while supporting brutal dictatorships including Saudi Arabia, Turkmenistan, and Equatorial Guinea, and other gross human rights violators like apartheid Israel, which is on trial for genocide at the World Court. Instead of punishing Israel, the U.S. House of Representatives—with the assent of dozens of Democratic lawmakers—passed legislation to sanction officials of the International Criminal Court, whose chief prosecutor is seeking to arrest Israeli and Hamas leaders.
"The Geneva Conventions, for all of their limitations and subsequent violations, were a triumph of international law in the protection of civilians during times of war," the new letter asserts. "Yet today, hundreds of millions of civilians around the world suffer—and hundreds of thousands have died—even in times of ostensible peace under the broad economic sanctions imposed unilaterally and illegally by the United States."
"As members of the legal community, we call on the United States to comply with existing international law by ending the use of broad unilateral coercive measures," the signers added. "Seventy-five years after the Geneva Conventions, collective punishment must end."
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Put US Aid to Israel in an Escrow Account Until Human Rights Violations End
The U.S. must defend itself from indictment and prosecution as an accomplice to Israel’s violations of international law.
Apr 24, 2024
The inability of U.S. citizens, even a majority, to influence our country’s policies of war and peace in a rapid and effective way has long been obvious to many. Our support for Israel’s war in Gaza has made it painfully obvious—and now perilous.
The U.S. stands before the world as an accomplice to Israel’s flagrant violation of international law in Gaza. Yet Congress continues to pass aid because so many of our legislators—and their constituents and donors—cannot turn their backs on our ally, for valid reasons of historical memory and conscience.
So it is time to create an escrow account for further aid to Israel. With such an account we can still show support for our ally. But the aid will not be released until the U.N. certifies that Israel is in compliance with international law regarding the treatment of civilians in Gaza.
Many would argue, not without reason, that the U.N. is unlikely, at present, to certify Israel as being in any way compliant with international law. But Israel’s disputes with the U.N. and its member nations must be worked out there. The U.N. admitted Israel as a member state in 1949. The U.S. can help as a go-between. But not in an atmosphere where President Joe Biden’s warning to Netanyahu to avoid our country’s post-9/11 mistakes has been so violently ignored.
As congressional majorities continue to pass aid to Israel, let the escrow account signal U.S. refusal to comply any longer with collective punishment: blockade, planned starvation, and indiscriminate bombing.
Israel’s sovereign right to self-defense is always invoked as the bedrock principle that keeps U.S. aid flowing. Let our ally now respect that same right of self-defense for our country. The U.S. must defend itself from indictment and prosecution as an accomplice to Israel’s violations of international law. Our aid to Israel can be sequestered in an escrow account until it will not be used to commit such violations.
The Biden administration has been willing to acknowledge U.S. foreign policy mistakes that spiraled out of control. Let Congress encourage Israel to do the same by establishing this escrow account. As congressional majorities continue to pass aid to Israel, let the escrow account signal U.S. refusal to comply any longer with collective punishment: blockade, planned starvation, and indiscriminate bombing.
Members of Congress who have vowed to support Israel can honor their consciences by passing bills to aid Israel’s economic health and pragmatic self-defense. But we who feel the deep moral injury, to ourselves and Israel, and see the horrific physical suffering of Gaza and its people, can also honor our consciences by promoting this practical step to end U.S. complicity with these grave errors that are visible throughout the world as violations of international law. This can be achieved, without abandoning Israel, by placing our promised aid to our longtime ally in an escrow account. On behalf of the majority of Americans, we ask U.S. Senators to consider this option before continuing to approve military aid for Israel.Keep ReadingShow Less
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