Palestine - Abbas Facing Prosecution For Aiding And Abetting War Crimes

[Published 13 July 2014]


Mahmoud Abbas — Head of the Government of National Consensus in Gaza since 2 June — faces prosecution in the international criminal justice system for aiding and abetting war crimes involving the indiscriminate firing of 384 rockets and missiles from Gaza into Israeli population centres reaching as far away as Tel Aviv and Jerusalem over the past four days.

This latest barrage — which sees no signs of ending—comes after more than 10000 similar rocket attacks on Israeli civilians from Gaza - then governed by Hamas - following Israel’s unilateral disengagement from Gaza in 2005.

Abbas and his Government now however bear primary responsibility for preventing war crimes emanating from Gazan soil.

In a prerecorded message aired on Palestine TV - Abbas said the new government was transitional. This lame excuse cannot enable Abbas to abdicate his responsibility to prevent war crimes being committed in Gaza.

Sarah Leah Whitson, Middle East director at Human Rights Watch stated in December 2012:

“There is simply no legal justification for launching rockets at populated areas.”

Human Rights Watch makes it clear that under international humanitarian law, or the laws of war, civilians and civilian structures may not be subject to deliberate attacks or attacks that do not discriminate between civilians and military targets. Anyone who commits serious laws-of-war violations intentionally or recklessly is responsible for war crimes.

Locating rocket launchers within or near densely populated civilian areas is also a war crime.

There is abundant evidence that this is occurring in Gaza right now.

Belligerents are also prohibited from using civilians to shield military objectives or operations from attack. “Shielding” refers to purposefully using the presence of civilians to render military forces or areas immune from attack.

This too is occurring in Gaza under the watchful gaze of Abbas’s Government.

Abbas as head of the ruling Government in Gaza, is obligated to uphold the laws of war and should appropriately punish those responsible for these serious violations.

Abbas is making no effort to restrain or end the commission of these war crimes.

There appears to have been no effort by Abbas or the security or police forces that he now controls in Gaza to take action to prevent the further commission of these war crimes.

Abbas has not attempted to travel to Gaza to take control of the rapidly deteriorating position Gaza finds itself in as rockets continue to be fired indiscriminately into Israeli population centres with what appears to be ever increasing intensity — inviting retaliation by Israel to defend its civilian population under article 51 of the United Nations Charter.

Abbas was clearly aware of the danger of provoking such an Israeli response to rockets being launched into Israel - as this report on 6 July made clear:

“Palestinian Authority (PA) Chairman Mahmoud Abbas spoke to the chairman of the Hamas political bureau, Khaled Meshaal, on Sunday, and asked him to calm the situation in Gaza. Abbas asked Meshaal to avoid escalation of the situation, which would give Israel an excuse to launch an operation in Gaza.

Meshaal reportedly told Abbas that he would not act to stop the rocket fire unless the PA met its financial obligations to Hamas, including paying the overdue salaries of several Hamas officials.

The PA is currently embroiled in a conflict over wages with Hamas; some 40,000 Hamas employees are not being paid backlogged wages by the newly established unity government, even while the PA’s 70,000 employees in Gaza continue to be paid.”

Abbas’s plea was made after Hamas ignored Israel’s ultimatum - made on 3 July - which called for the rocket fire to stop within 48 hours or face war.

At least fifteen rockets were fired on Israel in a 12-hour period on 5 July including two at Be’er Sheva.

Abbas clearly exercises control over the public servants in Gaza. He must immediately assert control over those presently in Gaza committing these heinous war crimes.

Abbas’s inaction in using his security and police forces to forcibly intervene to:

1. Remove rocket launchers from populated civilian areas

2. Destroy supplies of rockets

3. Prevent the manufacture of rockets

4. Prevent the importation of rockets

5. Confront, arrest and try those found launching rockets into Israel

6. End the use of “human shields”

- could result in Abbas and his Government colleagues having to face charges before the International Criminal Courts including:

1. Committing war crimes by omission

2. Aiding and abetting the commission of war crimes

3. Substantial contribution to the commission of war crimes

4. Tacit approval and encouragement of war crimes

5. Aiding and abetting war crimes by omission

6. Ending the use of “human shields”

Abbas could well follow in the footsteps of former Liberian President Charles Taylor who was found guilty on 26 April 2012 on 11 counts including aiding and abetting war crimes and crimes against humanity.

Taylor’s appeal was dismissed by the Court of The Hague on 26 September 2013.

Taylor’s case was the first concluded by an international court against a head of state since the Nazi trials at Nuremberg in 1946 convicted Admiral Karl Doenitz - who became President of Germany briefly after Adolf Hitler’s suicide.

Will the international community end its love affair with Abbas by calling for his prosecution for aiding and abetting the commission of war crimes being perpetrated in Gaza at this very moment?

The silence presently coming from the United Nations condemning Abbas is deafening.

Justice will hopefully prevail.

Palestine - Rudd Carr And Labor Sink In Silence

[Published 1 September 2013]


Australia’s Prime Minister - Kevin Rudd and Foreign Minister - Senator Bob Carr - remain hell bent on consigning the Labor Party to Opposition and the political wilderness in this week’s elections.

This view has been confirmed by Dan Goldberg in an article in Haaretz on 27 August titled “Jewish support swinging towards Liberal Party in Australian election”

” The latest polls predict the Liberal Party will win the September 7 election by 53 percent to Labor’s 47 percent. Voting is mandatory and Orthodox Jews have started to pre-poll because all Australian elections are held on Saturdays.

If the polls are accurate, it would spell the end of a bitter battle between Foreign Minister Bob Carr and Jewish leaders, who were infuriated in January when he joined British Foreign Secretary William Hague in stating that all Israeli settlements are “illegal under international law.”

Carr, a founder of the New South Wales Parliamentary Friends of Israel group in the 1970s, reignited Jewish angst last month in a speech outside Australia’s largest mosque:

“All settlements on Palestinian land are illegal under international law and should cease,” he said. “That is the position of Kevin Rudd, the position of the federal Labor government, and we don’t make apologies for it.”

When the inevitable post mortems are written after the elections - Carr’s Lakemba Mosque Declaration tying Rudd and the Labor Party to Carr’s own previously expressed viewpoint will be seen as emblematic of the failure of Rudd and the Labor Party to be honest and upfront with the Australian voters on a range of issues during the elections.

The Lakemba Mosque Declaration came as a complete surprise to the Executive Council of Australian Jewry, the Australia Israel Jewish Affairs Council and the Zionist Federation of Australia - who were quick to voice their disapproval of what was in effect anti-Jewish-policy made on the run on the steps of the Mosque - not by the Prime Minister - but by his Foreign Minister.

Attempts to have Rudd confirm or deny that the views attributed to him and the Labor Party by Carr were in fact their views - have been studiously ignored and still remain unanswered by Rudd.

Instead Carr’s spokesman weighed in with the following mealy-mouthed statement:

“Words are very important and it’s important they are not misrepresented. Yes, we have expressed “concern”, we have expressed “grave concern” and we have expressed “disappointment” in relation to the settlements.This does not amount to a condemnation of Israel or anything like it.”

Who the “we” is and when those words were used was left up in the air.

What was clearly said at the Mosque were the words:

“illegal in international law”, “cease”, ” the position of Kevin Rudd “, the position of the Labor Federal Government” ” and “we don’t make apologies”

Labor Federal MP for Melbourne Ports Michael Danby however was more forthright when telling JWire about Carr’s comments on Israeli settlements:

“Bob Carr’s emphasis on Israeli settlements is ill timed, given the peace negotiations that are currently taking place in Washington. These talks commenced, and are supported by Australia, on the basis that they are undertaken without preconditions.

One of the issues, and it is only one, of the issues being negotiated in Washington is settlements and land swaps. Obviously therefore Australia should not pre-empt negotiations freely entered into by the parties involved.”

Rudd and Carr have failed to respond to allegations that the Lakemba Mosque Declaration was made to attract Moslem voters back to the Labor Party after another disastrous piece of policy on the run - denying future Moslem asylum seekers coming to Australia by boat any right to resettlement in Australia.

Moslem votes are considered to be crucial to Labor retaining a number of narrowly held marginal seats - especially in western Sydney and in Victoria - but the Herald Sun reported on 23 August - confirmed again this week:

“LABOR is facing a wipeout in must-win seats along the eastern seaboard as the federal election campaign enters its final fortnight.

An exclusive Galaxy Poll for the Herald Sun reveals the marginal Victorian seats of Corangamite and La Trobe are set to fall to the Coalition on September 7.

Five critical Labor-held seats in western Sydney are also likely to tumble, including heartland seats such as Gough Whitlam’s former electorate of Werriwa.”

Rudd’s continuing refusal to confirm in a one sentence press release that the Lakemba Mosque declaration is Labor Party policy has apparently convinced Moslem voters that Carr’s declaration was only hot air and political grandstanding.

Trying to play the ethnic card has only had the effect of upsetting both Jewish and Moslem voters - as well as other ethnic groups - during this election campaign.

Now facing possible defeat in his own electorate - a desperate Rudd could still be considering breaking his silence to assure Moslem voters that it is his view - and indeed Labor party policy - that Jews have no right to live in the West Bank.

It will be too little and too late - and would anyone now believe him - after refusing for three weeks to clear up the confusion created by his own Foreign Minister.

Trusting your politicians to say what they mean and mean what they say still ranks very highly in securing many peoples’ votes on Election Day.

Rudd and Carr’s sordid saga of deception and confusion in this and many other issues has only succeeded in turning voters away in droves.