Israel could not mount its military operations
against Palestinians without $3.8 billion in
annual U.S. military aid.
By Marjorie Cohn
July 14, 2023:
Information Clearing House - From
July 3-4, Israeli Occupation Forces (IOF) —
using weapons funded by the United States —
mounted the most violent military assault in the
occupied West Bank in two decades.
In what Israel dubbed “Operation Home and
Garden,” more than 1,000 ground troops invaded
the Jenin refugee camp. Assisted by helicopter
gunships and armed drones, the IOF killed 12
Palestinians — including six civilians (five of
them children) — and wounded more than 120
others (including 14 children), according to the
Palestinian Centre for Human Rights. The IOF
partially destroyed 109 houses, extensively
damaged the infrastructure, leveled the streets
and created a power outage. About 4,000
Palestinians were forcibly displaced from their
homes.
While the IOF has used armed drones against
Gazans, they are
now using them against Palestinians in the
occupied West Bank as well.
Meanwhile, the U.S. government,
as usual, issued no criticism of the brutal
IOF
assault on Jenin. Instead, the White House
declared that the United States “supports
Israel’s security and right to defend its people
against Hamas, Palestinian Islamic Jihad and
other terrorist groups.”
Under international law, the occupying power
(Israel) is
not entitled to self-defense against the
people it occupies (the Palestinians). A
UN-appointed Commission of Inquiry
determined last year that Israel’s
occupation of Palestinian territory is illegal
and called on the General Assembly to seek an
advisory opinion from the International Court of
Justice.
Are You Tired Of
The Lies And
Non-Stop Propaganda?
Israel
Illegally Targeted Civilians and Hospitals and
Denied Access to Ambulances
The IOF
denied ambulances access to evacuate the
wounded in Jenin. Jovana Arsenijevic, operations
coordinator in Jenin for Médecins Sans
Frontières, said in a
statement that the IOF fired tear gas into
the Khalil Suleiman hospital. The Fourth Geneva
Convention
provides that civilian hospitals must never
be the object of attack.
On July 3, Jenin’s mayor, Nidal Obeidi, told
Al Jazeera that the attack was “a
real massacre and an attempt to wipe out all
aspects of life inside the city and the camp.”
Although Israel claimed to target resistance
fighters, Obeidi said, “Those being targeted now
are not just the resistance fighters but
civilians are being killed and wounded as well.”
Many journalists reporting from Jenin were
targeted directly by Israeli live fire. Al
Araby TV channel correspondent Ahmed
Shehadeh
reported that the IOF destroyed his camera
with gunfire while he and four other journalists
were trapped inside a home in the camp for two
hours before they were evacuated by the Red
Crescent.
Last year, Al Jazeera journalist
Shireen Abu Akleh was
killed while reporting on an IOF raid in the
Jenin camp. The beloved Palestinian American
correspondent was shot in the head while wearing
a flak jacket clearly marked “PRESS.” No one has
been brought to justice for her assassination.
U.S. Is
Complicit in Israeli War Crimes
Three
UN experts said, “Israeli forces’ operations
in the occupied West Bank, killing and seriously
injuring the occupied population, destroying
their homes and infrastructure, and arbitrarily
displacing thousands, amount to egregious
violations of international law and standards on
the use of force and may constitute a war
crime.” The experts included Special Rapporteurs
Francesca Albanese (human rights in the
Palestinian Territory occupied since 1967),
Paula Gaviria Betancur (human rights of
internally displaced persons), and Reem Alsalem
(violence against women and girls).
UN Secretary-General António Guterres
stated that the use of airstrikes by the IOF
in Jenin was “inconsistent with the conduct of
law enforcement operations.” He reminded Israel
that as the occupying power, it is responsible
for ensuring that civilians are “protected
against all acts of violence.”
“The Israeli assault on Jenin violated a host
of international laws, including the Geneva
Conventions. They include the prohibition on
collective punishment, attacking civilian
infrastructure, failure to distinguish between
military and civilians, and much more,” Phyllis
Bennis, director of the New Internationalism
Project at the Institute for Policy Studies,
told Truthout. “Their use of U.S.
Apache helicopter gunships and myriad other
weapons purchased with the $3.8 billion we give
the Israeli military every year means that the
U.S. is accountable for those violations.”
The
Rome Statute of the International Criminal
Court can be used to prosecute anyone who “aids,
abets or otherwise assists” in the commission or
attempted commission of a crime “including
providing the means for its commission.”
Bennis noted that the IOF also violated U.S.
domestic laws. The Leahy Law forbids Congress
from funding foreign military forces who commit
gross violations of human rights. The Arms
Export Control Act requires governments that
receive weapons from the United States to use
them for legitimate self-defense. As stated
above, Israel as the occupying power cannot
claim self-defense against the occupied
Palestinians.
The Biden administration’s continuing support
for “Israel’s assault on Jenin, despite its
legal violations, shows once again how deeply
out of touch the Democratic leadership in the
White House and Congress are with their voter
base — who increasingly support Palestinian
rights far more than they support Israel,”
Bennis said.
Indeed, a 2023
Gallup poll concluded that 49 percent of
Democrats are more sympathetic to the
Palestinians, 38 percent sympathize more with
Israel, and 13 percent sympathize with neither.
On July 5, 72 rights organizations
signed a letter urging the Biden
administration “to take decisive action by
holding Israel accountable and enforcing the
Leahy Law, ensuring that not a single dollar of
U.S. military aid to Israel is used for purposes
such as the military detention of Palestinian
children, the demolition of Palestinian homes,
or the annexation of Palestinian territories.”
Attorney Raji Sourani, director of the
Palestinian Centre for Human Rights, said in
a statement, “This military operation
reminds us of IOF’s recurrent and consistent
attacks across the Occupied Palestinian
Territory (oPt), where civilians are in the eye
of the storm and IOF deliberately inflict harm
on them and systematically destroy civilian
property and infrastructure, constituting war
crimes and crimes against humanity according to
the international law.”
Sourani called on the International Criminal
Court to investigate Israel’s war crimes. Two
and a half years ago, the ICC opened an
investigation into war crimes committed in the
occupied Palestinian Territory. But no progress
has been made. By contrast, the ICC prosecutor
filed war crimes charges against Vladimir
Putin one year after Russia illegally invaded
Ukraine.
“We reiterate our call on the Prosecutor of
the International Criminal Court (ICC) to take
an immediate action, including proceeding with
the investigation into the situation of
Palestine to end these crimes and send a clear
message to the perpetrators of the war crimes
that no crime goes unpunished,” Sourani said.
Israel’s
Assault on Jenin Has Galvanized Palestinian
Resistance
The Jenin refugee camp was established by the
UN Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA) in 1953. It is
populated with refugees who were
ethnically cleansed from their lands in the
1948 Nakba (Arabic for “catastrophe”) during the
creation of the state of Israel.
One of 19 refugee camps in the occupied West
Bank,
Jenin is the poorest with the highest
population density .
“For so long, the Jenin refugee camp has been
a symbol of Palestinian resistance and social
steadfastness,” Mohammed R. Mhawish
wrote at Jacobin.
“Israel’s portrayal of the invasion as
‘targeting terrorism’ dismisses Palestine’s
century-long struggle for freedom and obscures
the broader context of resistance in Jenin and
across the occupied West Bank.”
Under international law, the Palestinians
have a legal right to resist Israel’s
occupation, including by the use of armed
struggle. In 1982,
the UN General Assembly reaffirmed “the
legitimacy of the struggle of peoples for
independence, territorial integrity, national
unity and liberation from colonial and foreign
domination and foreign occupation by all
available means, including armed struggle.”
The Palestinian resistance, which
has called this battle, “Fury of Jenin,”
declared victory after the IOF troops
withdrew.
Israel’s assault on the Jenin camp has
galvanized the resistance, according to Ghassan
Khatib, a political analyst and former
Palestinian minister based in the West Bank city
of Ramallah. “I think there is overwhelming
sympathy and support for those guys trying to
fight against the occupation by whatever means,”
he told
The New York Times.
“I think that one of the most immediate and
obvious outcomes of this Israeli operation — or
on our side, the term used is aggression — is a
dramatic increase in public support for
resistance” against Israel.
Marjorie Cohn is professor emerita at
Thomas Jefferson School of Law, former
president of the National Lawyers Guild, and
a member of the national advisory boards of
Assange Defense and Veterans For Peace,
and the bureau of the International
Association of Democratic Lawyers.
She is also the U.S. representative to the
continental advisory council of the
Association of American Jurists. Her books
include Drones and Targeted Killing:
Legal, Moral and Geopolitical Issues.
She is co-host of “Law and Disorder” Radio.
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