De demonstratie voor Palestina in Amsterdam was netjes verlopen, las ik in NRC en in diverse andere media. Drie arrestaties, één vanwege een Hamas-vlag en twee vanwege gezichtsbedekkende kleding en het bedreigen van een agent.
Maar op Facebook beweerden Vrienden van Israël dat er “kankerjoden” was geroepen en “Hamas, alle Joden aan het gas”. Op de website Jonet.nlschrijft Max Moszkowicz zelfs dat het een pro-progromdemonstratie was, dat er “Dood aan de Joden” was gescandeerd en dat op de demonstratie voor Israël huilende mensen met foto’s van vermoorde en ontvoerde familieleden werden uitgelachen en toegesist.
Blinde moslimhaat
Ik heb zo mijn twijfels over de beweringen van Moszkowicz en mijn Facebook-vrienden, aangezien zelfs de hysterische Ronny Naftaniel niks ergers te melden had dan dat er “From the river to the sea, Palestine will be free” werd geroepen, een leus die zou betekenen dat de Palestijnen alle Joden in zee willen drijven. In het licht van de uitspraken van Israëlische politici, legerleiders en Vrienden van Israël, die Palestijnen ontmenselijken tot beesten en ongedierte en van Gaza een parkeerplaats willen maken, vind ik het gejank erover nogal hypocriet.
Meteen na de massamoorden en ontvoeringen van Hamas begon de haatpropagandamachine tegen Palestijnen, Arabieren en moslims hier in Nederland op volle kracht, met stukken over Jodenhaat die er nou eenmaal bij moslims zou zijn ingebakken volgens Fidan Ekiz, Aylin Bilic en natuurlijk Wierd Duk, die laat nooit eens verstek gaan, echt helemaal nooit, en vanuit Berlijn haathandelaar Ruud Koopmans, versterkt door het immense leger van monsterlijke trollen op de sociale media. Een tapijtbombardement van blinde moslimhaat hebben we nu alweer een week te verduren. Opdat we niet vergeten tot welke verschrikkingen het antisemitisme leidt, richten we onze haat nu tot Der Ewige Moslem.
En verder krijgt iedereen het voor zijn kiezen die zijn vraagtekens zet bij de manier waarop Israël de terreur van Hamas meent te moeten vergelden, namelijk met nog veel meer terreur tegen de bevolking van Gaza, waar de lijken zich opstapelen en het volk geen kant op kan. Waar Israël de bevolking van het noorden naar het zuiden stuurt om die doodleuk dáár uit te roeien.
Rechtsstaat afbreken
Maar dat moeten we aanmoedigen, anders steunen we Hamas en willen we de Holocaust nog een keertje overdoen. En niet alleen het CIDI vindt het schandalig dat er in Amsterdam mocht worden gedemonstreerd voor de Palestijnen, ook het CDA vindt kennelijk dat het verboden zou moeten worden, net als in Duitsland en Frankrijk, omdat demonstreren voor Palestina gelijk staat aan “terreur verheerlijken”. Zo word je, wanneer je geeft om mensenrechten, gecriminaliseerd door christenpapa’s als CDA-Kamerlid Derk Boswijk. Zo wordt de ontmanteling van de rechtsstaat gelegitimeerd, want je was “terreur aan het verheerlijken.”
Hugo de Jonge zou tegen een Kamerlid, dat bezwaar maakte tegen de uitbreiding van de sleepwet, hebben gezegd dat “we zijn niet geïnteresseerd in wat uw buurman op Netflix kijkt, maar in de Russen.” Tuurlijk, en in iedereen die niet pal achter Israël staat, want “terreur verheerlijken”.
Israëlische terreur is goede terreur
Israël steunen is natuurlijk geen terreur verheerlijken, want zoals Fréderike Geerdink uitlegde, is terrorisme alleen voorbehouden aan “niet-statelijke gewapende groepen of volkeren zonder land, zoals de PKK, de Koerden, de Palestijnen, de PLO, Hamas, of ooit het ANC.” Als Israël kinderen vermoordt, ziekenhuizen bombardeert en mensen ontvoert is het geen terreur, maar zelfverdediging en daar moeten we het verplicht mee eens zijn.
En daarom moeten we 24/7 geïndoctrineerd worden met Israëlische oorlogspropaganda, in ons eigen land!, waar overal in de openbare ruimte posters met portretten van ontvoerde Israëliërs hangen, u aangeboden door CIDI, en ben je een vieze vuile antisemiet als je een filmpje toont van twee doodsbange Palestijnse kinderen.
Hamas veroordelen
Zo kotsmisselijk ben ik inmiddels van de Israëllobby, die agressief alles aanvalt wat ons land nog enigszins beschaafd houdt, zoals het demonstratierecht, de vrije pers, mensenrechten en vrije meningsuiting. Onvermoeibaar wordt erop gebeukt,. en dan moeten we nog blij zijn dat we in Nederland wonen, want in Frankrijk worden mensen opgepakt die “salam aleikum” zeggen, en werd de voorzitter van de Joodse Unie voor de Vrede afgevoerd wegens pro-Palestijnse sympathieën.
Het Vrije Westen, mensuh! Hele dag drammen tegen mensen die om hun familie in Gaza treuren: “Maar veroordeel je Hamas wel?!” Wie de fuck zou jij veroordelen als je familie aan gort werd geschoten door de Israëliërs? Zou je dan ook “Hup Bibi!” roepen en met je Israëlische vlaggetje zwaaien?
Kuthaartje
Twee weken geleden schreef ik dat we een kuthaartje van het fascisme verwijderd zijn, maak daar maar het achtergebleven donshaartje op een geëpileerde kut van. Verplicht juichen voor Israël, je koran achter een paneel in je kledingkast verstoppen en de Palestijnen bestaan toch niet meer. Uitgeroeid door Hamas, want Israëliërs doen zoiets niet.
Reacties uitgeschakeld voor [Artikel Frontaal Naakt]/Overstuur vanwege die dode Palestijnse kinderen? Vuile antisemiet!
Contary to the leading opinions of the American-European politicians and media, the main aim of Hamas in calling for the “destruction” of the State of Israel, is not to kill or expel the Israeli-Jewish population, but to dismantle the zionistic State Model and to make an end to the 39-year Israeli occupation and settlement policy.
In the Palestinian elections January 25, 2006, Hamas obtained a startling victory. Of the 132 seats of parliament, the Hamas party, which for the first time was participating in the parliamentary elections, obtained 74 seats, in contrast with the then-reigning Fatah Party, which obtained a mere 43 seats. The remaining 13 seats were obtained by different smaller political parties, as well as independent candidates.
This great victory for Hamas was no surprise, considering the ongoing corruption of the Fatah-government versus the fundamental political and military resistance by Hamas against the Israeli occupation, as well as the Hamas social activities on behalf of the impoverished population of Palestine, especially Gaza.
In spite of this, leading American-European politicians, as well as the newsmedia, not only showed great astonishment at Hamas’ victory, they also demanded that Hamas renounce the violence against Israel and also acknowledge the State of Israel – and made this demand the condition of continued financial support to the Palestinian Authority.
When the newly-formed Hamas government refused to agree with those American-European demands, the American and Canadian governments, as well the European Union, decided to freeze the financial support to the Palestinian Authority, a measure which mainly affected the already seriously impoverished Palestinian civilian population, since at least 45% of the population [some reports put the number as high as 70 %] are living below the poverty-rate and 15% are living in extreme poverty.
Nutrition, education and medicine have been the areas most affected by the financial and economic boycott of Palestine. Moreover, 250,000 Palestinians depend on Palestinian Authority salaries, and these government employees support nearly one million people, or 20% of the total Palestinian population. However, due to the American-European boycott, salaries haven’t been paid since January, and the families of the government employees have had to bear the consequences.
Not only are the boycott measures morally reprehensible in regard with the humanitarian consequences for the Palestinian civilian-population, they have also led to mounting tensions within the Palestinian society.
Many international non-governmental organizations, as well as a number of United Nations agencies, have harshly criticized the economic boycott and blockade of Palestine.
Another consequence of the boycott is that, as a result of the freezing of European Union (EU) financial support, Hamas shall receive increased financial aid from the governments of the Arab and other Islamic countries. This will lead to the lessening of EU political influence regarding the Israeli-Palestinian conflict, and the strengthening of the influence of regimes adhering to more radical political Islamic ideologies, such as Iran. Recently a number of Arab governments, and Iran, have either given or promised financial aid to the Hamas government.
No doubt aware of the above-mentioned political consequences of the diminishing EU influence regarding the Middle-East, the EU, represented by EU Commissioner Louis Michel (former Belgian minister of foreign affairs), has set aside a sum of 34 million euros for emergency aid to the Palestinian territories. This aid is to be delivered outside of the Palestinian government, mainly through non-governmental organizations (NGOs).
Also the World Bank, which has predicted an increasing humanitarian crisis in the Palestinian territories, is exploring, in direct cooperation with the ‘Quartet for Mideast Peace made up of the EU, USA, the Russian Federation and the UN, to resume financial aid to the Palestinian population, by going outside of Hamas channels, bypassing the Hamas-led Palestinian government by providing the aid by way of NGOs which are active in the area.
Double standards:
The basis of the American-European boycott of the financial aid to the Palestinian Authority lies in the refusal of Hamas to renounce violence against Israel and to acknowlegde the State of Israel. A further argument given in support of the boycott is the fact, that Hamas has played a major role in the incitement to suicide attacks against Israeli civilians and is still continuing this strategy.
It is self-evident that suicide-attacks as military attacks on civilians are not only inhuman, but also illegal according to International Law. But what is seldom mentioned by the EU and the American-European governments are that these attacks are a matter of cause and effects, since they have been the result of the now 39 years of Israeli occupation of Palestinian land — an occupation which is in violation of the unanimously-accepted UN-Security Resolution 242 of 1967, in which Israel was required to withdraw its troops from the territories conquered during the June 1967 war, including the Palestinian territories.
Also, the boycotting countries are ignoring the fact that the attacks by Hamas do not consist solely of suicide-attacks, but also of the internationally-recognized legitimate acts of defense by an occupied population against the occupying military force — in this case, the Israeli army.
Repeatedly, the Hamas leadership has declared, both pre- and post- the January elections, the group’s willingness to renounce violence against Israel, as soon as Israel is prepared to end its occupation of the Palestinian territories [ie. its international obligation under UN Security Council Resolution 242], to dismantle its settlements in the Palestinian territories, which are illegal according International Law [see also UN-Security Council Resolution 1979], to dismantle the Wall, which is being built across occupied Palestinian territories [see verdict of the International Court of Justice dated 9-7-2004], and its acknowledgement of the internationally-recognized right of return for Palestinian refugees, a right which is confirmed by General Assembly Resolution 194.
All of the Hamas movement’s demands are based on International Law, confirmed by the above-named United Nations resolutions, and are therefore absolutely legitimate demands that should be recognized as such by the international community.
What is striking in this particular case, however, is that the American-European boycotting goverments are demanding that Hamas completely disarm on the one hand, while on the other hand, making no clear demands on Israel regarding the implementation of the above mentioned UN resolutions, which were voted for by many of these same American-European States.
Also this double standard is being applied in regard to Israeli and Palestinian violence.
Although the condemnation of suicide-attacks against Israeli civilians is correct and justified, there is however a strong undervaluation of the serious character of the Israeli human rights violatons and war-crimes which have been committed by the Israeli army since the beginning of the occupation in 1967 (and before).
It is also significant to mention that from EU-side there is no real political pressure on Israel to end the occupation and withdraw from the Palestinian territories. Seen from that perspective, the American-European criticism against Hamas lacks moral credibility, as the boycotting nations are choosing to call for the enforcement of international law on a very selective basis. Why should international human rights standards only apply to Hamas? Why should they not apply to Israel as well?
The false international perception of Hamas ideology
It is a common standard in nearly all American-European newsmedia, as well in statements of politicians, to mention repeatedly that the Hamas ideology is associated with the “destruction” of the State of Israel.
In the context in which this statement is made, it is almost always implied that by calling for Israel’s “destruction”, Hamas intends to expel the Jewish-Israeli inhabitants out of the present Israel or even to kill them.
Before trying to unmask this stubborn American-European assumption I want to throw some light on the political history of the Hamas
Hamas [abbreviation of Harakat al-muqâwama al-islâmiyya, which means islamic resistanc emovement] was founded in 1987 as a religious-nationalistic resistance-organisation with Sheikh Ahmed Yassin as the spiritual leader. He was killed in an Israeli airstrike in March 2004, which, being an extra-judicial execution, not only killed him but also killed 7 other innocent bystanders.
However, since the beginning of the eighties, there was a predecessor of Hamas, also under the leadership of Sheikh Yassin, which was mainly an islamic revival movement, mostly directed toward social and charitable goals.
Although that movement of course opposed the Israeli occupation, it did not promote violent resistance, since the group considered the Israeli occupation as a punishment of God because of the lack of religious devotion in Palestine.
In other words, this revival-movement was meant to make the Palestinian population return to the basics of Islam, as explained by the movement, in their daily life.
This revivalist-ideological movement was supported financially by Israel, supposedly as a ‘counterbalance’ to the Palestine Liberation Organization, led by Yasser Arafat, which was, in combination with the al-Fatah organization, the most powerful resistance movement against the Israeli occupation at that time.
Even when the official Hamas organization was founded in 1987, initially there was no real resistance against the occupation, despite the anti-zionistic Charterof the group, written in 1988.
Only in the post-Oslo era (1993 on) did the Hamas organization became part of the resistance, resulting in military attacks against the Israeli occupation army, and, beginning in 1994, in suicide-attacks against Israeli civilians. The immediate cause of the first suicide-attack was the 1994 massacre by the Jewish-Israeli extreme-rightwing terrorist, Dr. Baruch Goldstein, on 29 Palestinians who were praying Palestinians in the Cave of the Patriarchs in Hebron.
The Hamas Charter
An analysis of the Hamas Charter, that consists of 36 articles, reveals that the purpose of the group is to form a religious resistance against the Israeli occupation, as well as advocating for the dismantlement of the zionistic State of Israel, to be replaced by an Islamic Palestinian State with equal rights for all the inhabitants and religious freedom regarding Jews and Christians.
Seen from this perspective, the Charter has an anti-colonialistic character, because of its fundamental criticism of the colonial character of the foundation of the State of Israel in historical Palestine, first as a colony of the Turkish-Ottoman Empire, and after World War I, a British Mandate-area.
Following the plans of the European zionist movement, the foundation of a “Jewish” State in historical Palestine took place in 1948, based on UN General Assembly Resolution 181, passed in 1947, which supported the division of Palestine into a Jewish and an Arab part. The Resolution was made without any consultation of the indigenous Palestinian population, despite the fact that the Palestinians, along with the surrounding Arab states, had proposed at that time an alternative plan that would allow for Jewish immigration into Palestine without the separation of the state into “Jewish” and “Arab” areas, but that alternative was rejected by the United Nations, under pressure from the European Zionist movement.
It is of importance to mention here, that the objections of the Palestinians to Resolution 181 were not against the settlement of Jewish people in Palestine, but against the division of their country in two different States.
Apart from that, the Hamas movement is within its rights under international law to challenge the existence of the Zionist State of Israel in its current form, as the State of Israel in its current form is, at its basis, discriminatory against non-Jews.
One of the most striking examples of the discriminatory basis of the State of Israel is the fact that any Jewish man, woman or child in the world has the right to settle in Israel, while the internationally-recognized right of return of the Palestinian descendants of the 750,000 Palestinians expelled by Zionist militias in 1948, a right confirmed in General Assembly Resolution 194, passed in 1948, is not acknowledged by Israel.
The statements often made by the American-European politicians and newsmedia that Hamas wants to expel or even kill the Israeli-Jewish inhabitants of Israel is made based on a false reading of the Hamas Charter.
Although in the Charter, reference is made to “the Jews”, a thorough reading makes clear that this is a reference to the Israeli zionist system and the Israeli occupation, and not to the Jews as an ethnic-religious group. In Hamas bulletins, the group never refers to “the Jews” as such, but rather to the “zionist enemy” or the “zionist entity” – a reference to the political basis of the state of Israel, _not_ to Jewish people as an ethnic or religious group.
Suicide-attacks
In any mention of Hamas in the American-European press, emphasis is always made on the suicide-attacks against Israeli civilians for which Hamas bears responsibility. It is evident that suicide-attacks are not only inhuman, they are also serious violations of International Humanitarian Law, which states that in any military conflict a clear distinction must be made between combatants [soldiers or fighters] and non-combatants [civilians].
From that point of view it is completely right that those attacks are being severely condemned by the International Community.
But it is important to realize that the cause of those suicide-attacks are rooted in the Israeli occupation of all Palestinian land since 1967. The attacks began in 1994 after nearly thirty years of continuous oppression, humiliation and unpunished war crimes by Israeli forces in Palestine with no international enforcement of United Nations Resolutions that both recognized and condemned the Israeli actions and war crimes.
Still, this is no justification whatsoever for any resistance group to also commit war crimes. According to International Law it is illegal to respond to a violation of one’s human rights by committing a reciprocal violation, even in regard to an occupation.
On the other hand, any military action against an occupation army is considered legitimate resistance by an occupied population against the occupying power. However, there is little international attention to the fact that an important part of Hamas’ strategy is also the use of this legitimate resistance method.
It is worth noting that Israel, as well as the USA, qualify those military attacks against the occupation army as ‘terrorist acts’, ignoring the internationally-recognized legitimacy of such acts.
Recently, Mr. Solana, Secretary-General of the Council of the European Union, has confirmed the right of resistance against a foreign occupation.
The Israeli extrajudicial assassination policy
One policy of Israel that is both morally reprehensible and a violation of international law is the policy of extrajudicial assassinations of the leaders and activists of the Palestinian resistance movements like Hamas.
These assassinations began in the beginning of the 1970s and have continued until the present day. Each successive Israeli government that has been elected has continued the policy unquestioningly.
Israeli assassinations of suspected Palestinian resistance fighters and leaders have taken a number of forms: the frontal shootings of cars, the exploding of mobile telephones and the current method: ‘assassination-by-missile’ – airstrikes by Israeli warplanes onto suspected cars or homes, regardless of whether the target is in a crowded refugee-camp, in a flat full of civilian apartments, or in a marketplace. All of these have been the sites of missile strikes by Israeli forces in attempted extrajudicial assassinations.
These attacks are severe violations of International Law, which states that every human being has a right on a fair and independent trial.
In the extrajudicial assassinations, which are still being carried out by Israeli forces on a nearly-daily basis, in many cases civilian bystanders are also killed.
In those cases, the extrajudicial assassinations become not just violations of international law, but war crimes. The fact that civilians are nearly always present at the assassination sites [streets, market-places, cars, apartments and refugee-camps] leads to a high probability of civilians being killed – this is a direct violation of the Fourth Geneva Convention’s Principle of Proportionality, and thus is considered internationally to be a war crime.
However, despite the high humanitarian risk for the civilian population, the current Israeli Prime Minister Olmert has made clear that those airstrikes are to be continued, despite the continuous loss of Palestinian civilian lives.
It is a striking example of Western ‘selective indignation’ that this Israeli policy of extrajudicial assassinations, which nearly always leads to civilian casualties, is not criticized as harshly as Hamas’ incitement toward suicide-attacks.
No sanctions have been taken against Israel in regard with thosde extrajudicial executions, as well the indiscriminate military attacks on Gaza. But all financial assistance has been cut to the Hamas-led Palestinian Authority.
Regarding this issue, Israel, being the occupying country, bears the lion’s share in the escalation of the present conflict. The EU, which claims to consider Palestinian humanitarian concerns in its policies, must be held accountable for its hypocritical double standard in the enforcement of international law in this conflict.
Social-charitable Hamas-activities
One aspect of Hamas’ activities that has long been undervalued internationally is the fact that Hamas has been engaging in social and charitable activities on behalf of the most impoverished in the two Palestinian territories, the Gaza Strip and the West Bank. Ironically, by doing this, Hamas is fulfilling the international-judicial obligation of the Israeli occupying power to take care of the humanitarian needs of the occupied Palestinian population – an obligation that Israel has failed to fulfill.
According one of the most important articles of the 4th Geneva Convention, an occupying power is responsible for the safety, well-being and the welfare of the occupied population, a population which, while under occupation, become “protected persons” – a class of people that have special rights under international law.
The impoverished situation of the Palestinian population is being intensified each day by the Israeli military attacks in Gaza and the West-Bank, which have also resulted in serious human rights violations and war crimes.
When such Israeli measures were taken in the past, Hamas has increased its efforts to support the most impoverished part of the population. Donors for the projects, which include schools, hospitals and daycare centers, have come from all over the world, but mainly from the Arab world. Hamas gained a reputation as a focused and devoted group that did not steal money for themselves and their own enrichment (as was the reputation of the ruling Fateh party), but dedicated funding to numerous projects that benefited the least-well-off of the Palestinian society.
Of course, this led to a great popularity of Hamas and the striking outcome of the elections.
Ongoing Israeli violations
In both Gaza and the West Bank, massive home demolitions of Palestinian homes have been carried out by Israeli forces, which is forbidden according to article 53 of the Fourth Geneva Convention. Also, in Gaza especially, the border with Israel is often completely closed, causing tens of thousands of Palestinians who work in Israel to lose their jobs — their only means of livelihood.
In July and August 2006, Israeli forces have not only closed the border with Gaza, but also bombed parts of the infrastructure [bridges and main roads], which caused considerable damage and has cut off the water and electricity supply for the entire population. This was done, according to Israel, as a retaliatory measure for the abduction and imprisonment of an Israeli soldier by Palestinian resistance fighters on June 25th.
Retaliatory measures such as these, as collective punishment of an entire population, are serious breaches of International Law. In particular, article 33 of the Fourth Geneva Convention forbids any collective punishment.
Epilogue:
In this article I’ve tried to make clear, that not only is the American-European freezing of the financial help to the Palestinian Authority is immoral, because it is at the cost of the impoverished Palestinian population, it is also a double standard to condemn the violence of Hamas, while not condemning the ongoing violence of the Israeli occupation of Palestine.
No resistance organisation in the world can be expected to lay down their arms while the occupation and oppression they are resisting is allowed to continue in the most extreme way.
However, it must also be noted that a resistance movement must also adhere to its obligations according to International Law.
The international community, particularly the European-American nations that have chosen to boycott the Hamas-led Palestinian government, must respect the stand taken by Hamas against the Israeli occupation and settlement expansion policy, as well as Hamas’ fundamental resistance against the zionistic State-model of Israel. This must not be done by closing our eyes to the serious human rights violations of the group by the part it has played in suicide-attacks against Israeli civilians, but neither can we close our eyes to the ongoing human rights violations by Israel.
I sincerely hope that Hamas will not yield to the growing American-European political pressure to make the Israeli occupation and settlements policy points of negotiation.
But if Hamas really wants to be respected internationally, the group must refrain from attacks on Israeli civilians.
Every human being, whether Palestinian or Israeli, has the right on the same humane treatment and in my opinion, even living under an occupation as severe as the Israeli occupation of Palestine does not give a person or group the right to violate the rights of their occupiers.
Astrid Essed Amsterdam The Netherlands
“Power in defense of freedom is greater than power on behalf of tyranny and oppression.” -Malcolm X
Sterke 9/11-vibes na de aanval van Hamas op Israël. In navolging van EU-voorzitter Ursula von der Leyen verklaarden zowel Mark Rutte als Jesse Klaver dat Israël het recht heeft zich tegen deze terreur te verdedigen. We weten inmiddels hoe Israël zich verdedigt: door zoveel mogelijk Palestijnen aan gort te bombarderen.
Daar moeten wij het verplicht mee eens zijn in dit vrije deel van de wereld. Wierd Duk laat weten dat Afshin Ellian en VVD-Kamerlid Ruben Brekelmans op de staatstelevisie hebben verklaard dat je nú laat zien dat je solidair bent. Wie daar bezwaren tegen heeft, wordt door De Telegraaf als een misdadiger geschandpaald, te boek gesteld als antisemiet en als staatsgevaar. Duk hangt al drie dagen de Opiniepolizei uit, en hij niet alleen. Iedereen die erop wijst dat de Palestijnen de afgelopen decennia ook wat voor hun kiezen hebben gehad, wordt verrot gescholden, voor antisemiet uitgemaakt en bedreigd. Fanatiek sturen de Vrienden van Israël gruwelfilmpjes rond van verminkte lijken, de slachtoffers van Hamas.
Gruweldaden
En het zijn gruweldaden, die Hamas pleegt. De website Electronic Intifada spreekt van een “rechtvaardige bevrijdingsoorlog”, maar in een rechtvaardige bevrijdingsoorlog sleep je niet de naakte lijken van je slachtoffers door de straat, schiet je niet honderden jonge bezoekers van een muziekfestival dood en trek je niet moordend door woonwijken.
Extreemlinkse toetsenbordridders, geretweet door BIJ1-aanhangers, oordelen als kille schrijftafelmoordenaars dat er “geen onschuldige zionisten zijn” en dat “zionisten die blijven als ze de keuze hebben te vertrekken, ophouden burgers te zijn.”
“You don’t get freedom peacefully”, citeert iemand Malcolm X, maar er is verschil tussen “not peacefully” en de barbarij die Hamas tentoonspreidt. Ik ben geen Sun Tzu maar ik zou, als ik Hamas was, uiterst gedisciplineerd zijn geweest, alleen krijgsgevangenen hebben genomen en alle burgers met het uiterste respect hebben behandeld.
Maar het gaat er natuurlijk om Israël zo razend mogelijk te maken zodat het terugslaat met een wrede genadeloosheid die mensen kotsend het theater zal doen verlaten. Dat begrijp ik heus wel.
Israëlische doden
Dit afschuwelijke geweld komt niet uit het niets, al willen de Vrienden van Israël dit ons graag doen geloven. Ruben Brekelmans, bijvoorbeeld, deelt op Twitter een staafdiagram met alleen het aantal Israëlische doden van de afgelopen 15 jaar als gevolg van het “conflict met de Palestijnen.” Fact-checker Marieke Kuypers laat in zo’n zelfde diagram zien dat het aantal Israëlische doden in het niet valt bij het aantal Palestijnse doden.
En hoe Israël het voor elkaar krijgt zo onnoemelijk veel Palestijnse slachtoffers te maken, krijgen we bijna dagelijks in filmpjes te zien waarin we soldaten kinderen zien doodschieten alsof het kalkoenen zijn, Gaza bombarderen waar de bewoners niet uit wegkunnen en waarin kolonisten Palestijnen vernederen die ze net uit hun huis hebben weggejaagd, als ze ze niet gewoon doodschieten.
“Collateral damage” zei een Vriend van Israël tegen mij. Dode Israëlische burgers zijn slachtoffers van terreur, dode Palestijnen zijn “collateral damage”.
Palestijnen zijn ongedierte
Esther Voet zei, toen op het strand van Gaza een groepje voetballende Palestijnse kinderen vanuit een gevechtsvliegtuig aan stukken werd gereten: “Het is wel oorlog, hè!”
Palestijnse levens betekenen hier in Nederland gewoon niks. Palestijnen zijn vuil, uitschot, het is ongedierte, anders praat je niet zo makkelijk over dode kinderen. Zo achteloos, zo zonder enig gevoel.
En dan ben je geschokt dat Hamas net zo achteloos met Israëlische burgers omspringt, en dan ben je kwaad dat Nederlanders hier wijzen op de context van dat geweld.
Feestvieren om slachtparijen
Ik zag filmpjes van mensen die feestvierden vanwege de aanval van Hamas. Ik vind mensen, die juichen om dodelijke slachtoffers, nare mensen. Maar de Vrienden van Israël zijn nogal hypocriet als ze beweren dat zij nooit juichen als er Palestijnen worden gedood. Ze staan op film, de Israëlische jongeren die een soort feestje maakten van het kijken naar de Israëlische beschietingen van Gaza, applaudisserend bij elke inslag. In straatinterviews zeggen Israëliërs dat alle Arabieren moeten worden uitgegroeid, dat hun land en hun huizen eerlijk zijn veroverd in oorlogen.
En hier in Nederland viert GeenStijl feest bij dode Palestijnen, en Laurence Blik en haar vrienden, onder wie zich heel wat prominente Vrienden van Israël bevinden.
Doe niet net of je beter bent dan Hamas. Je bent net zo bloeddorstig, net zo barbaars, net zo wreed en genadeloos.
Gekoloniseerde volken
Waar Nederland nog aan moet wennen, merk ik, is dat de tijd voorbij is dat iedereen braaf ja knikte als er werd gepreekt dat lam Israël was omsingeld door bloeddorstige Arabische leeuwen die het land wilden vernietigen alléén omdat er Joden woonden. Meer pluriformiteit in het medialandschap, want Al Jazeera en sociale media, en een andere samenstelling van de bevolking dan in 1973, maken dat het “conflict” vanuit meerdere perspectieven bekeken wordt. Nazaten van gekoloniseerde volkeren en telgen van nog steeds gekoloniseerde volken zien alles in een andere context.
En je kunt boos worden en schelden en dreigen wat je wilt, met je “Hamas-vriendje” en je “antisemiet” en wat dan ook, die context hoort erbij. Je bent niet meer gezaghebbend, je bepaalt niet meer wat andere mensen denken. Je bent niet meer de baas.
EINDE
Reacties uitgeschakeld voor [Artikel Frontaal Naakt]/Hamas-vriendje
The following questions and answers (Q&A) address issues relating to international humanitarian law (the laws of war) governing current hostilities between Israel and Hamas, and other Palestinian armed groups in Gaza. The purpose is to facilitate analysis of the conduct of all parties involved in the conflict with the aim of deterring violations of the laws of war and encouraging accountability for abuses.
This Q&A focuses on international humanitarian law governing the conduct of hostilities. It does not address whether Palestinian armed groups or Israel were or are justified in their attacks or other matters concerning the legitimacy of resorting to armed force, such as under the United Nations Charter. In accordance with our institutional mandate, Human Rights Watch does not take positions on issues of jus ad bellum (law concerning acceptable justifications to use armed force); our primary goal is documenting violations of the laws of war, and encouraging all parties in armed conflict to respect the laws of war, or jus in bello.
International humanitarian law recognizes the Israeli occupation of the West Bank and Gaza as an ongoing armed conflict. Current hostilities and military attacks between Israel and Hamas and other Palestinian armed groups are governed by the conduct of hostilities standards rooted in international humanitarian law, consisting of international treaty law, most notably Common Article 3 to the Geneva Conventions of 1949 and customary international humanitarian law applicable in so-called non-international armed conflicts, which are reflected in the Additional Protocols of 1977 to the Geneva Conventions. These rules concern the methods and means of combat and fundamental protections for civilians and combatants no longer participating in hostilities for both states and non-state armed groups.
Foremost among the rules of international humanitarian law is the rule that parties to a conflict must distinguish at all times between combatants and civilians. Civilians may never be the target of attack. Warring parties are required to take all feasible precautions to minimize harm to civilians and civilian objects, such as homes, shops, schools, and medical facilities. Attacks may target only combatants and military objectives. Attacks that target civilians or fail to discriminate between combatants and civilians, or that would cause disproportionate harm to the civilian population compared to the anticipated military gain, are prohibited.
Additionally, Common Article 3 provides a number of fundamental protections for civilians and persons who are no longer taking part in hostilities, such as captured combatants, and those who have surrendered or become incapacitated. It prohibits violence against such persons – particularly murder, cruel treatment, and torture – as well as outrages against their personal dignity and degrading or humiliating treatment, and the taking of hostages.
The laws of war make no formal distinction between parties to a conflict on the basis of power imbalances or other criteria. The fundamental principles of international humanitarian law still apply. Violating them by deliberately targeting civilians or carrying out indiscriminate attacks can never be justified by pointing to the injustice of the political situation or other political or moral arguments. To permit the targeting of civilians in circumstances in which there is a disparity of power between opposing forces, as is the case in many conflicts, would create an exception that would virtually negate the rules of war.
The laws of war recognize that some civilian casualties may be inevitable during armed conflict, but impose a duty on warring parties at all times to distinguish between combatants and civilians, and to target only combatants and other military objectives. The fundamental tenets of international humanitarian law are “civilian immunity” and the principle of “distinction.”
Combatants include members of a country’s armed forces and commanders and full-time fighters in non-state armed groups. They are subject to attack at all times during hostilities unless they are captured or incapacitated.
Civilians lose their immunity from attack when and only for such time as they are directly participating in hostilities. According to guidance by the International Committee of the Red Cross (ICRC), the laws of war distinguish between members of the organized fighting forces of a non-state party, who may be targeted during an armed conflict, and part-time fighters, who are civilians who may only be targeted when and only for such time as they are directly participating in hostilities. Similarly, reservists of national armed forces are considered civilians except when they go on duty, in which case they are combatants subject to attack. Fighters who leave the armed group, as well as regular army reservists who reintegrate into civilian life, are civilians until they are called back to active duty.
For an individual’s act to constitute direct participation in hostilities, it must imminently be capable of causing harm to opposing forces and must be deliberately carried out to support a party to the armed conflict. Direct participation in hostilities includes measures taken in preparation for executing the act, as well as deployment to and return from the location where the act is carried out.
ICRC guidance also sets out that people who have exclusively non-combat functions in armed groups, including political or administrative roles, or are merely members of or affiliated with political entities that have an armed component, such as Hamas, Islamic Jihad, or the Popular Front for the Liberation of Palestine, may not be targeted at any time unless and only for such time as they, like any other civilian, directly participate in the hostilities. That is, membership or affiliation with a Palestinian movement with an armed wing is not a sufficient basis for determining an individual to be a lawful military target.
The laws of war also protect civilian objects, which are defined as anything not considered a legitimate military objective. Prohibited are direct attacks against civilian objects, such as homes and apartments, places of worship, hospitals and other medical facilities, schools, and cultural monuments. Civilian objects become subject to legitimate attack when they become military objectives; that is, when they are making an effective contribution to military action and their destruction, capture, or neutralization offers a definite military advantage, subject to the rules of proportionality. This would include the presence of members of armed groups or military forces in what are normally civilian objects. Where there is doubt about the nature of an object, it must be presumed to be civilian.
The laws of war prohibit indiscriminate attacks. Indiscriminate attacks strike military objectives and civilians or civilian objects without distinction. Examples of indiscriminate attacks are those that are not directed at a specific military objective or that use weapons that cannot be directed at a specific military objective. Prohibited indiscriminate attacks include area bombardment, which are attacks by artillery or other means that treat as a single military objective a number of clearly separated and distinct military objectives located in an area containing a concentration of civilians and civilian objects.
An attack on an otherwise legitimate military target is prohibited if it would violate the principle of proportionality. Disproportionate attacks are those that may be expected to cause incidental loss of civilian life or damage to civilian objects that would be excessive in relation to the concrete and direct military advantage anticipated from the attack.
Hostage-taking is prohibited in non-international armed conflicts under Article 1(b) of Common Article 3 of the Geneva Conventions and customary international humanitarian law. The ICRC Commentary on Common Article 3 defines hostage-taking as “the seizure, detention or otherwise holding of a person (the hostage) accompanied by the threat to kill, injure or continue to detain that person in order to compel a third party to do or to abstain from doing any act as an explicit or implicit condition for the release, safety or well-being of the hostage.” Hostages can include civilians and people taking no active part in hostilities, such as members of armed forces who have surrendered or who have been detained. Hostage-taking is a war crime, including under the Rome Statute of the International Criminal Court. People taken as hostages, like all held in custody, must be treated humanely, and cannot be used as human shields.
The ICRC Commentary also notes that hostages are often people, such as civilians posing no security threat, who are taken into custody and detained unlawfully. However, unlawful detention is not necessary for there to be a hostage-taking. An individual whose detention may be lawful, such as a captured soldier, could still be used as a hostage.
A threat to continue detaining someone legally held would not amount to a hostage-taking. For instance, it is not unlawful as part of a negotiation over a prisoner exchange to continue to detain someone, such as a captured combatant, whose release is not legally required. It would, however, be unlawful to make such a threat against a detained civilian unlawfully held.
Hostage-taking is prohibited regardless of the conduct that the hostage-taker aims to impose. So it is still unlawful even when seeking to compel the opposing force to cease an unlawful conduct.
International humanitarian law does not prohibit fighting in urban areas, although the presence of many civilians places greater obligations on warring parties to take steps to minimize harm to civilians. Gaza is one of the most densely populated areas in the world.
The laws of war require that the parties to a conflict take constant care during military operations to spare the civilian population, and to “take all feasible precautions” to avoid or minimize the incidental loss of civilian life and damage to civilian objects. These precautions include doing everything feasible to verify that the objects of attack are military objectives and not civilians or civilian objects, giving “effective advance warning” of attacks when circumstances permit, and refraining from an attack if the rule of proportionality will be violated. In populated areas with buildings or other structures, both above and underground, parties should take into account the difficulty of identifying civilians who may be obscured from view even from advanced surveillance technology.
Forces deployed in populated areas must, to the extent feasible, avoid locating military objectives – including fighters, ammunition, weapons, equipment, and military infrastructure – in or near densely populated areas, and endeavor to remove civilians from the vicinity of military objectives. Belligerents are 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.
At the same time, the attacking party is not relieved from its obligation to take into account the risk to civilians, including the duty to avoid causing disproportionate harm to civilians, simply because it considers the defending party responsible for having located legitimate military targets within or near populated areas. That is, the presence of a Hamas commander or rocket launcher, or other military facility in a populated area would not justify attacking the area without regard to the threatened civilian population, including the duty to distinguish combatants from civilians and the rule of proportionality.
The use of explosive weapons with wide-area effects in populated areas is one of the gravest threats to civilians in contemporary armed conflict. In addition to causing civilian casualties directly, explosive weapons with wide-area effects have frequently damaged or destroyed civilian infrastructure, such as bridges, water pipes, power stations, hospitals, and schools, causing long-term harm to civilians, including the disruption of basic services. These weapons have a wide-area effect if they have a large destructive radius, are inherently inaccurate, or deliver multiple munitions at the same time. Their use in populated areas forces people to flee their homes, exacerbating humanitarian needs.
Weapons that have a large destructive radius include those that detonate a large amount of explosive material and those that propel fragments over a large area, or both. Munitions with large amounts of explosive material can produce fragmentation that spreads unpredictably over a wide area, and a powerful blast wave that can cause severe physical injuries to the human body and physical structures, cause blunt force trauma and physical damage from flying debris, and cause or exacerbate other injuries or existing illnesses. Munitions that have preformed fragmentation warheads are designed to spread scores of fragments over an area, making it difficult or impossible to limit the effects of the weapon.
The use of explosive weapons with wide-area effects in the densely populated Gaza Strip, where 2.2 million Palestinians live in a strip of territory that is 41 kilometers (25 miles) long and between 6 and 12 kilometers (3.7 and 7.5 miles) wide, and the targeting at times of critical infrastructure, could be expected to cause serious harm to civilians and civilian objects. In addition, rockets launched from Gaza that are fundamentally inaccurate or designed to saturate a large area and are likely to strike civilians and civilian objects inside Israel, also cause foreseeable harm to civilians and civilian objects.
The laws of war require, unless circumstances do not permit, that warring parties give “effective advance warning” of attacks that may affect the civilian population. What constitutes an “effective” warning will depend on the circumstances. Such an assessment would take into account the timing of the warning and the ability of civilians to leave the area. A warning that does not give civilians adequate time to leave for a safer area would not be considered “effective.”
Civilians who do not evacuate following warnings are still fully protected by international humanitarian law. Otherwise, warring parties could use warnings to cause forced displacement, threatening civilians with deliberate harm if they did not heed them. Moreover, some civilians are unable to heed a warning to evacuate, for reasons of health, disability, fear, or lack of anyplace else to go. So, even after warnings have been given, attacking forces must still take all feasible precautions to avoid loss of civilian life and property. This includes canceling an attack when it becomes apparent that the target is civilian, or that the civilian loss would be disproportionate to the expected military gain.
The laws of war also prohibit “acts or threats of violence the primary purpose of which is to spread terror among the civilian population.” Statements that called for the evacuation of areas that are not genuine warnings, but are primarily intended to cause panic among residents or compel them to leave their homes for reasons other than their safety, would fall under this prohibition. This prohibition does not attempt to address the effects of lawful attacks, which ordinarily cause fear, but rather those threats or attacks on civilians that have this specific purpose.
Healthcare facilities are civilian objects that have special protections under the laws of war against attacks and other acts of violence including bombing, shelling, looting, forced entry, shooting into, encircling, or other forceful interference such as intentionally depriving facilities of electricity and water.
Healthcare facilities include hospitals, laboratories, clinics, first aid posts, blood transfusion centers, and the medical and pharmaceutical stores of these facilities, whether military or civilian. While other presumptively civilian structures become military objectives if they are being used for a military purpose, hospitals lose their protection from attack only if they are being used, outside their humanitarian function, to commit “acts harmful to the enemy.” Several types of acts do not constitute “acts harmful to the enemy,” such as the presence of armed guards, or when small arms from the wounded are found in the hospital. Even if military forces misuse a hospital to store weapons or shelter able-bodied combatants, the attacking force must issue a warning to cease this misuse, setting a reasonable time limit for it to end, and attacking only after such a warning has gone unheeded.
Under the laws of war, doctors, nurses, and other medical personnel must be permitted to do their work and be protected in all circumstances. They lose their protection only if they commit, outside their humanitarian function, “acts harmful to the enemy.”
Likewise, ambulances and other medical transportation must be allowed to function and be protected in all circumstances. They could lose their protection only if they are being used to commit “acts harmful to the enemy,” such as transporting ammunition or healthy fighters in service. As stated above, the attacking force must issue a warning to cease this misuse, and can only attack after such a warning goes unheeded.
Mosques and churches – like all houses of worship – and schools are presumptively civilian objects that may not be attacked unless they are being used for military purposes, such as a military headquarters or a location for storing weapons and ammunition.
The principle of proportionality also applies to these objects.
All sides were obligated to take special care in military operations to avoid damage to schools, houses of worship, and other cultural property.
As parties to the armed conflict, the armed wings of Hamas, Islamic Jihad, and other Palestinian armed groups are obligated to abide by international humanitarian law. The targeting of military installations and other military objectives is permitted under the laws of war, but only if all feasible precautions to avoid civilian harm are taken. The laws prohibit Palestinian armed groups from targeting civilians or launching indiscriminate attacks or attacks that would cause disproportionate harm to civilians compared to the expected military advantage. Commanders of Palestinian armed groups are also obligated to choose such means of attack that they could direct at military targets and minimize incidental harm to civilians. If the weapons used were so inaccurate that they could not be directed at military targets without imposing a substantial risk of civilian harm, then the group should not have deployed them.
Human Rights Watch has found in prior hostilities that rockets launched by Palestinian armed groups – including locally made short and upgraded long-range rockets, “Grad” rockets, and rockets imported from other sources – are so inaccurate as to be incapable of being aimed in a manner to discriminate between military targets and civilian objects when they were launched toward populated areas. This inaccuracy and inability to target military objectives are exacerbated at the longer ranges that some rockets were fired into Israel.
The use of such rockets against civilian areas violates the prohibition on deliberate and indiscriminate attacks. Likewise, a party that launches rockets from densely populated areas, or co-locates military objectives in or near civilian areas – thus making civilians vulnerable to counterattacks – may be failing to take all feasible precautions to protect civilians under its control against the effects of attacks.
International humanitarian law allows the targeting of military commanders in the course of armed conflict, provided that such attacks otherwise comply with the laws that protect civilians, including being proportionate. Political leaders not taking part in military operations, as civilians, would not be legitimate targets of attack.
Palestinian armed groups’ leaders who are commanding belligerent forces are legitimate targets. However, because Hamas engages in civil governance beyond its military component, merely being a Hamas leader in and of itself does not make an individual lawfully subject to military attack.
Combatants do not have immunity from attacks in their homes and workplaces. However, as with any attack on an otherwise legitimate military target, the attacking force must refrain from attack if it would disproportionately harm the civilian population – including civilian family members of combatants – or be launched in a way that fails to discriminate between combatants and civilians. Under this duty to take all feasible precautions to avoid civilian harm, the attacking force should also consider whether there may be alternative sites where the combatant can be targeted without endangering civilians.
Attacking the home of a combatant who was not physically present at the time of the attack would be an unlawful attack on a civilian object. If such an unlawful attack were carried out intentionally, then it would constitute a war crime. A civilian home does not lose its protected status as a civilian object merely because it is the home of a militant who is not present there. Insofar as the attack is designed to harm the combatants’ families, it would also be a prohibited form of collective punishment.
Personnel or equipment being used in military operations are subject to attack, but whether that justifies destroying an entire large building where they might be present depends on the attack not inflicting disproportionate harm on civilians or civilian property.
The laws of war prohibit the punishment of any person for an offense other than one that they have personally committed. Collective punishment is a term used in international law to describe any form of punitive sanctions and harassment, not limited to judicial penalties, but including sanctions of “any sort, administrative, by police action or otherwise,” that are imposed on targeted groups of persons for actions that they themselves did not personally commit. The imposition of collective punishment – such as, in violation of the laws of war, the demolition of homes of families of fighters, or other civilian objects such as multi-story buildings as a form of punishment – is a war crime. Whether an attack or measure could amount to collective punishment depends on several factors, including the target of the measure and its punitive impact, but of particular relevance is the intent behind a particular measure. If the intention was to punish, purely or primarily as a result of an act committed by third parties, then the attack is likely to have been collective punishment.
Journalists and their equipment benefit from the general protection enjoyed by civilians and civilian objects and may not be targets of an attack unless they are taking direct part in hostilities. Journalists may be subject to legitimate limitations on rights, such as freedom of expression or freedom of movement, imposed in accordance with the law and only to the extent strictly required by the exigencies of the situation. But they may not be arrested, detained, or subjected to other forms of punishment or retaliation simply for doing their work as journalists.
Radio and television facilities are civilian objects and as such enjoy general protection. Military attacks on broadcast facilities used for military communications are legitimate under the laws of war, but such attacks on civilian television or radio stations are otherwise prohibited because they are protected civilian structures and not legitimate military targets. Moreover, if the attack is designed primarily to undermine civilian morale or to psychologically harass the civilian population, that is also a prohibited war purpose. Civilian television and radio stations are legitimate targets only if they meet the criteria for a legitimate military objective; that is, if they are used in a way that makes an “effective contribution to military action,” and their destruction in the circumstances ruling at the time offers “a definite military advantage.” Specifically, Hamas-operated civilian broadcast facilities could become military targets if, for example, they were used to send military orders or otherwise concretely to advance Hamas’s armed campaign against Israel. However, civilian broadcasting facilities are not rendered legitimate military targets simply because they are pro-Hamas or anti-Israel, or report on the laws of war violations by one side or the other. Just as it is unlawful to attack the civilian population to lower its morale, it is unlawful to attack news outfits that merely shape civilian opinion by their reporting or create diplomatic pressure; neither directly contributes to military operations.
Should stations become legitimate military objectives because of their use to transmit military communications, the principle of proportionality in attack must still be respected. This means that Israeli forces should verify at all times that the risks to the civilian population in undertaking any such attack do not outweigh the anticipated definite military advantage. They should take special precautions in relation to buildings located in urban areas, including giving advance warning of an attack whenever possible.
Under international humanitarian law, parties to a conflict must allow and facilitate the rapid and unimpeded passage of impartially distributed humanitarian aid to the population in need. The belligerent parties must consent to allow relief operations to take place and may not refuse such consent on arbitrary grounds. They can take steps to ensure that consignments do not include weapons or other military materiel. However, deliberately impeding relief supplies is prohibited.
In addition, international humanitarian law requires that belligerent parties ensure the freedom of movement of humanitarian relief personnel essential to the exercise of their functions. This movement can be restricted only temporarily for reasons of imperative military necessity.
International human rights law is applicable at all times, including during armed conflict situations in which the laws of war apply, as well as during times of peace. Israel and Palestine are party to core international human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These treaties outline guarantees for fundamental rights, many of which correspond to the protections to which civilians are entitled under international humanitarian law (such as the prohibition of torture, inhuman and degrading treatment, nondiscrimination, right to a fair trial).
While the ICCPR permits some restrictions on certain rights during an officially proclaimed public emergency that “threatens the life of the nation,” any derogation of rights during a public emergency must be of an exceptional and temporary nature, and must be “limited to the extent strictly required by the exigencies of the situation,” and should not involve discrimination on grounds of race, religion, and other grounds. Certain fundamental rights – such as the right to life and the right to be secure from torture and other ill-treatment, the prohibition on unacknowledged detention, the duty to ensure judicial review of the lawfulness of detention, and the right to a fair trial – must always be respected, even during a public emergency.
Serious violations of the laws of war that are committed with criminal intent are war crimes. War crimes, listed in the “grave breaches” provisions of the Geneva Conventions and as customary law in the International Criminal Court statute and other sources, include a wide array of offenses, including deliberate, indiscriminate, and disproportionate attacks harming civilians, hostage-taking, using human shields, and imposing collective punishments, among others. Individuals also may be held criminally liable for attempting to commit a war crime, as well as assisting in, facilitating, aiding, or abetting a war crime.
Responsibility also may fall on persons planning or instigating the commission of a war crime. In addition, commanders and civilian leaders may be prosecuted for war crimes as a matter of command responsibility when they knew or should have known about the commission of war crimes and took insufficient measures to prevent them or punish those responsible.
States have an obligation to investigate and fairly prosecute individuals within their territory implicated in war crimes.
Alleged war crimes committed during the fighting between Israel and Palestinian armed groups could be investigated by the International Criminal Court (ICC) prosecutor. On March 3, 2021, the ICC prosecutor opened an investigation into alleged serious crimes committed in Palestine since June 13, 2014. The ICC treaty officially went into effect for Palestine on April 1, 2015. The court’s judges have said this gives it jurisdiction over the territory occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem. The ICC has jurisdiction over war crimes, crimes against humanity, and genocide, committed in this territory, regardless of the nationality of the alleged perpetrators.
Israel signed but has not ratified the ICC treaty, and in 2002 announced that it did not intend to become a member of the court.
Since 2016, Human Rights Watch has called on the ICC prosecutor to pursue a formal Palestine investigation given strong evidence that serious crimes have been committed there and the pervasive climate of impunity for those crimes. The recent hostilities between Hamas and Israel highlight the importance of the court’s investigation and the urgent need for justice to address serious crimes committed in Palestine. Human Rights Watch has also called on the ICC prosecutor to investigate Israeli authorities implicated in the crimes against humanity of apartheid and persecution against Palestinians.
Certain categories of grave crimes in violation of international law, such as war crimes and torture, are subject to “universal jurisdiction,” which refers to the ability of a country’s domestic judicial system to investigate and prosecute certain crimes, even if they were not committed on its territory, by one of its nationals, or against one of its nationals. Certain treaties, such as the 1949 Geneva Conventions and the Convention against Torture, obligate states to extradite or prosecute suspected offenders who are within that country’s territory or otherwise under its jurisdiction. Under customary international law, it is also generally agreed that countries are allowed to try those responsible for other crimes, such as genocide or crimes against humanity, wherever these crimes took place.
National judicial officials should investigate and prosecute those credibly implicated in serious crimes, under the principle of universal jurisdiction and in accordance with national laws.
In May 2021, the United Nations Human Rights Council established an ongoing Commission of Inquiry to address violations and abuses in the Occupied Palestinian Territory and in Israel, to monitor, document, and report on violations and abuses of international law, advance accountability for perpetrators and justice for victims, and address the root causes and systematic oppression that help fuel continued violence.
Reacties uitgeschakeld voor Human Rights Watch: Questions and answers: October 2023 hostilities between Israel and Armed Palestinian Groups
Fig 3: The north-transept façade of the Abbey offered the most direct connection between the Palace and the Abbey. The reconstruction of the nave continued into the 15th century. Westminster Abbey photographed for Country Life magazine by Paul Highnam.
WESTMINSTER ABBEY, THE CROWNING PLACE OF ENGLISH KINGS
CORONATION OF KING CHARLES III/”I COME NOT TO BE SERVED, BUT TO SERVE”
CORONATION OATH OF KING CHARLES III
The King stands and the Archbishop says:
”Our Majesty, the Church established by law, whose settlement you will swear to maintain, is committed to the true profession of the Gospel, and, in so doing, will seek to foster an environment in which people of all faiths and beliefs may live freely. The Coronation Oath has stood for centuries and is enshrined in law.
Are you willing to take the Oath?
The King replies
I am willing.
The King places his hand on the Bible, and the Archbishop administers the Oath
Will you solemnly promise and swear to govern the Peoples of the United Kingdom of Great Britain and Northern Ireland, your other Realms and the Territories to any of them belonging or pertaining, according to their respective laws and customs?
The King replies
I solemnly promise so to do.
The Archbishop says
Will you to your power cause Law and Justice, in Mercy, to be executed in all your judgements?
The King replies
I will.
The King kneels at the Chair of Estate. The Archbishop says
Will you to the utmost of your power maintain the Laws of God and the true profession of the Gospel? Will you to the utmost of your power maintain in the United Kingdom the Protestant Reformed Religion established by law? Will you maintain and preserve inviolably the settlement of the Church of England, and the doctrine, worship, discipline, and government thereof, as by law established in England?
And will you preserve unto the Bishops and Clergy of England, and to the Churches there committed to their charge, all such rights and privileges as by law do or shall appertain to them or any of them?
The King replies
All this I promise to do.
The King places his hand on the Bible and says
The things which I have here before promised, I will perform and keep. So help me God.
The King kisses the Bible. The Archbishop says
Your Majesty, are you willing to make, subscribe, and declare to the statutory Accession Declaration Oath?
The King replies
I am willing.
I Charles do solemnly and sincerely in the presence of God profess, testify, and declare that I am a faithful Protestant, and that I will, according to the true intent of the enactments which secure the Protestant succession to the Throne, uphold and maintain the said enactments to the best of my powers according to law.
The King signs copies of the Oaths, presented by the Lord Chamberlain,whilst the choir sings
Prevent us, O Lord, in all our doings with thy most gracious favour, and further us with thy continual help; that in all our works begun, continued, and ended in thee, we may glorify thy holy name, and finally by thy mercy obtain everlasting life; through Jesus Christ our Lord. Amen.
God of compassion and mercy whose Son was sent not to be served but to serve, give grace that I may find in thy service perfect freedom and in that freedom knowledge of thy truth. Grant that I may be a blessing to all thy children, of every faith and belief, that together we may discover the ways of gentleness and be led into the paths of peace; through Jesus Christ our Lord. Amen.
On 6 May 2023, the Coronation of Charles III, King of the United Kingdom and
the Commonwealth Realms, took place. [1]
Actually, he acceded the throne on 8 september 2022, upon the death of his mother, Queen Elizabeth II [2]
At the age of 73, he became the oldest person to accede to the British throne, after having been the longest heir apparent and Prince of Wales in British history [3]
His coronation took place at Westminster Abbey, where traditionally
the English monarchs are crowned, [4]
Simultaneously, his wife, Queen Camilla, was also crowned [5],
as is usually the case [6]
ANCIENT MONARCHY/ANCIENT TRADITIONS
A QUICK WALK WITH ASTRID ESSED THROUGH HISTORY!
What I love about this Coronation [and those before] are
the old traditions, which is logically, since the English kings
stand in an impressive tradition of more than thousand years!
The eldest Royal House I can recall is the House of Wessex, in
899 to begin with, under king Alfred the Great! [7]
Before the House of Wessex under Alfred the Great, there was the
”old” House of Wessex, founded by Cerdic of the Gewisse [The West Saxon dynasty], but in those times England was not united, but
consisted of different kingdoms [8]’
[By the way, The House of Wessex was by times interrupted
by the House of Denmark, when England was under Danish control] [9]
It was under Alfred the Great, the first to call himself
”King of the Anglo Saxons [instead of just the West Saxons], that the first steps were
taken to unify England, which was completed by Alfred the Great’s
descendants. [10] The last king from the House of Wessex was king Edward the Confessor [11]I will refer to him later in this Coronation article, with respect to the St Edward’s Crown”…….You will see, o Readers.
And the present English monarchy descents from William the Conqueror,the Duke of Normandy, who conquered England in the Battleof Hastings in 1066, defeating king Harold II [brother in lawof Edward the Confessor], the last Anglo Saxon king [12]
FASCINATING, when you realize, that the Dutch Monarchy only
exists since 1813, being one of the youngest monarchies in
Europe! [13]
I
THE CORONATION CEREMONY
A SACRED CEREMONY
The Coronation Ceremony is firstly a spiritual and sacred one.
But also one of traditional symbols.
Sacred are of course the Oath and the Anointing with the Holy Oil:
THE OATH
ANOINTING THE OIL [Behind Curtains]
THE OATH
The Coronation Ceremony of King Charles III was, like those of
his predecessors, firstly a SACRED Ceremony, which is seen, not only as performed by the Archbishop of Canterbury, but in the Kings’ Oath:[The Archbishop]”
Will you to the utmost of your power maintain the Laws of God and the true profession of the Gospel? Will you to the utmost of your power maintain in the United Kingdom the Protestant Reformed Religion established by law?”
[The King]
”All this I promise to do”
[And the King, placing his hand on the Bible]
”The things which I have here before promised, I will perform and keep. So help me God.” [14]
Now this Holy Oath has everything to do with the fact, that
king Charles III is Head of the Anglican Church [the Church of England] [15], which is tradition since king Henry VIII, who broke with thePope and subsequently the old Catholic Church [called
”Holy Church” in Medieval England] [16]
Yet apart from that breach with the Holy Church, Coronation Ceremonies were always sacred:
See a part from the Oath that king Edward II, one of the forefathers
of king Charles III, took at his Coronation in 1308:[English translation from the original French text]”
Sire, will you in all your judgments, so far as in you lies, preserve to God and Holy Church, and to the people and clergy, entire peace and concord before God?
[Edward II]
I will preserve them.[17] HOWEVER:Oaths, based on the Church of England or on the Catholic Holy Church or not, those Sacred Customs were all based on the concept ofSacred Kingship, or in Western history: the concept of theDivine Right of Kings [18], which also has a pre Christian tradition [19] and is a universal concept from Old Historian Times. [20] Because in old Times [and perhaps the divine right of kingsis based upon that] there was that concept of a king, who wasalso high priest [21]
II ANOINTING THE OIL [SPIRITUAL] The English Coronation Ceremonies are ancient, very ancient,and main elements of
the coronation service and the earliest form of oath can be traced to the ceremony devised by Saint Dunstan for King Edgar’s coronation in 973 AD at Bath Abbey.
It drew on ceremonies used by the kings of the Franks and those used in the ordination of bishops.[22]
But that was then.
Through the centuries, there were different versions of coronation
services [23], but untill the Reformation, based on catholic traditions [24]
With the Reformation, there were changes [25], but some things,
especially regarding the Place of Coronation, the Holy Oil Anointing,
the Crown, the Chair and other traditions, remained largely unchanged.
I refer to those in a moment, a five minutes reading!
ANOINTING THE OILA MOST SACRED CEREMONY, STEMMING FROM THE BIBLE!
The anointing is the most sacred part of the coronation ceremony, and takes place before the crowning.
The Archbishop pours holy oil from the Ampulla (or vessel) into the spoon, and anoints the sovereign on the hands, breast and head [26]
And this Anointing Tradition is based on
the Old Days, especially Biblical Ones!
I refer to the Old Testimony, Book ”Kings”
and quote about the Coronation of King Salomon:
”Then Zadok the priest took a horn of
oil from the tabernacle and anointed Solomon. And they blew the horn, and all the people said, “Long live King Solomon!”
[Book ”Kings” 1:39] [27]
Anointing was one of the medieval holy sacraments and it emphasised the spiritual status of the sovereign. Until the seventeenth century the sovereign was considered to be appointed directly by God and this was confirmed by the ceremony of anointing. Although the monarch is no longer considered divine in the same way, the ceremony of Coronation also confirms the monarch as the Supreme Governor of the Church of England. [28]
BEHIND CURTAINS
And since the anointing is considered as that holy
and sacred, it is NOT for others to see, but hidden for public view.
To hide the anointing for public, king Charles III’s
mother, Queen Elizabeth II, used a canopy, while
king Charles III kicked things up a notch with a full-blown screen [29]
Like I said before, the Coronation Ceremony
is firstly a sacred and religious One and emphasizing
the Divine Right of Kings [although that Divine Right Concept is ancient
and historical], the anointing has to be done in private!
See for important facts and events about the Coronation Ceremonies of English kings since the
Anglo Saxon king Edgar [Reign, 959-975] [30], under note 31!Exciting, isn’t it!
THE ANOINTING OILCHANGED TIMES….. Although the Anointing Ceremony of king Charles IIIwas largerly the same as his predecessors, there were some changes, especially in the use of the AnointingOil:
The holy oil that was traditionally used for coronations past contained civet oil, from the glands of the small mammals, and ambergris from whale intestines. The formula was used at Queen Elizabeth’s ceremony and is hundreds of years old. [32]
However, the holy oil that will be used at Charles’ coronation is vegan-friendly, in order to reflect modern anti-animal cruelty sentiments. It is made with olive oil, pressed just outside Bethlehem, and perfumed with essential oils such as sesame, rose, jasmine, cinnamon, neroli, benzoin and amber and orange blossom. [33]A 21st Century Monarch, Changed timesBut the Essentials of the Coronation are still maintained, despite different personal touchs ofkings throughout the centuries [and sometimes memorable things happened at Coronations] [34] and the change fromthe old Holy Church to the present, protestant Church of England. [35]
III WESTMINSTER ABBEY Interesting historical tradition is, that sincethe ancestor of all English kings [after his conquest ofEngland in 1066], William the Conqueror, allEnglish kings have been crowned at WestminsterAbbey [36] [although according to some sources, the lastAnglo Saxon king, Harold II, who was defeated byWilliam the Conqueror, was also crowned at Westminster Abbey [37]Although…[and forgive me Readers, that my historicalheart takes it over again….] there were apart crowning ceremonies….Because king Henry III, father of the more famous king Edward I and [I mean king Henry III] the son of king John I [alsomentioned ”Lackland”, a brother of kingRichard Coeur de Lion and a greatgreatgrandsonof William the Conqueror] [38], that king Henry III was crowned twice!Firstly at Gloucester Cathedral in 1216 and only in 122o at Westminster Abbey! [39]REASON?When Henry’s father, king John died [Henry was only nine years old], there was stilla rising of noblemen against his father’s government, ”the War with the Barons”, which by the way resulted in the Magna Charta [40]And to make things worse, there was a French invasionalso See for more information, note 41So Henry III was hastily crowned in Gloucester Cathedral in 1216, since at that moment the French occupied London and after more stable times, in 122oin Westminster Abbey! [42]And to make it more fascinating than it already was…..When king Henry had been crowned for the first time,THERE WAS NO ROYAL CROWN!Because during the Baron’s War the Crown had been lost, probably lost as king John crossed oneof the tidal estuaries which empties into the Walsh,being sucked in by quicksand and whirpools…[43]So at his first Coronation, Henry had no Crown andtherefore was crowned with a golden Corolla[headdress] [44], belonging to his mother Isabella ofAngouleme! [45]Interesting, isn’t it? IV ST EDWARD’S CROWN!We’ll stay in the king Henry III times awhile! Because when he was crowned at the second time,and now in Westminster Abbey [See above], he neededa real crown, since his father John’s crown was lost during the Baron’s War.And since king Henry III was a great admirer of Edward the Confessor, one of the last Anglo Saxon kings [the direct predecessor of King Harold, the king who was defeated by William the Conqueror in 1066], he calledthe crown, that was made for him ”St Edward’s Crown”[46]According to some sources it really WAS the crownof Edward the Confessor, but that is open todiscussion I think [47]HOWEVER, the crown with which king Charles III iscrowned, is called ”St Edward’s Crown, but not theoriginal, since a new Crown was made for king Charles II, since after the deposition and executionof his father King Charles I most of the British CrownJewels, the Crown included, were destroyed, broken upor sold off. [48]So the Crown, that is used by the Coronationof king Charles III is the crown of king Charles II from the 17th Century! [49] V CORONATION SPEECH IN ENGLISH! What I found really exciting to learn was this:KingHenry IV, who by the way usurped the thronefrom his cousin Richard II [50] which eventually would cause the Wars of the Roses [51], was the firstEnglish king, who at his Coronation made a speechin English! [52]
Before this, the official language of the court was French, ever since William I conquered England [53]
VI
MORE TRADITIONS AND SYMBOLS AT THE CORONATION
CEREMONY/THE SPOON, THE ANCIENT SPOON!
THE SPOON
What makes the Coronation so fascinating, are,
as I said before, the ancient traditions.
Like the use of the Coronation Spoon, dated from the 12th century and probably made for either king
Henry II or his son king Richard Coeur de Lion
[respectively the father and brother of king John, alsonamed ”Lackland”, from whom all present Englishkings descent] It is also the only
piece of royal goldsmiths’ work to survive from the 12th century! [54]
So unique!
The spoon is first recorded in 1349 as preserved among St Edward’s Regalia in Westminster Abbey. Already at this date it is described as a spoon of ‘antique forme’ [55]
About the role of the Coronation Spoon:
The Archbishop pours holy oil from the Ampulla (or vessel) [the ampulla was made for the
Coronation of king Charles II] into the spoon, and anoints the sovereign on the hands, breast and head. [56]
Interesting is, that the Spoon may originally have been used for mixing wine and water in a chalice, but it was certainly used for anointing the sovereign during the coronation of James I in 1603, son of the executed Mary, Queen of Scots, successor
of Queen Elizabeth I and the first Sovereign from the House of
Stuart and a unified England and Scotland, and at every subsequent coronation. [57]
VII
THE CHAIR/THE CORONATION CHAIR!
Also a very ancient and fascinating symbol
is the 700 years old Coronation Chair!
The Coronation Chair was made by order of Edward I [58] to enclose the famous Stone of Scone [59], which he brought [stole, remark bij Astrid Essed see note 60] from Scotland to the Abbey in 1296, where he placed it in the care of the Abbot of Westminster.
The Stone of Scone had been used by Scottish kings for centuries to sit upon when they were crowned! [61]
The Chair has been in use at the coronation ceremony since 1308 although opinion is divided as to when it was actually used for the crowning, but this was certainly the case from 1399 when
Henry IV was crowned in the Chair. [62]And after king Henry IV, nearly all English kings were crownedin that Chair [63] Just fascinating, when you think that the present king Charles III is crowned in a Chair, that his ancestor king Edward I has ordered to make at the beginning of the 14th century! [64]
VIII AND LAST, BUT NOT LEAST:THE KING’S CHAMPION! I described some fascinating symbols and aspects ofthe Coronation, which is [see above] a Sacred CeremonySee about yet more details, note 65 However, the last fascinating aspect I want to share with you,o Readers, is ….”The King’s Champion!”……. which is atypically Medieval symbol! [66] As far as my investigation reaches, King’s Championtraditions stems from William the Conqueror, that Duke of Normandy, who conquered England in 1066 and laid the foundation of the present British Monarchy [all subsequent kingsare his descendants] [67] This is how it went and how the King’s Champion tradition took shape:
When William, the Conqueror seized the English throne in 1066, he asked his friend Robert Marmion to act as his Champion. Marmion’s role was to literally throw down the gauntlet, openly challenging anyone doubting the new king’s legitimacy, to prove their case through armed combat. [68]
This was not a formality or a mere ceremony in the Middle Ages, but,
given the violent times then, a real Danger……
To make a long story short, out of gratitude for risking his life, Marmion was given an estate at Scrivelsby, in
Lincolnshire.
The grant for this sets out that:
”The manor of Scrivelsby is holden … the service of finding on the day of Coronation, an armed knight who shall prove by his body, if need be, that the King is true and rightful heir to the kingdom.” [69]
Interesting is, that over the centuries, not only
the tradition of ”The King’s Champion” survived, but
that the role of King’s Champion remained with
Marmion’s descendants, who, since 1350, have been
the Dymoke Family [70]
Their family motto is the Latin phrase ”Pro Rege Dimico”
a play on their name, implying ”I contend for the King” [71]
See under note 72 the role of the Dymoke Family at theCoronation of King Edward IV [during the Wars of the Roses, with the Astrid Essed remark, that the PlantagenetBranch of the House of Edward IV, the House of York,had a superior claim to the English throne [73] THE KING’S CHAMPION IN ACTION! I already referred to the violent ancient times in whichthe role of the King’s Champion was notjust a ceremony.The last time however, the King’s Champion reallyperformed the ancient role of throwing down the gauntletwas at the coronation of King George IV! [74] THE KING’S CHAMPIONMODERN TIMES We are living in modern times now and F
rancis Dymoke won’t ride into King Charles III’s coronation on horseback and challenge any pretender to the throne to single combat as his ancestor did in 1066, but he will carry the Royal Standard into Westminster Abbey. [75]
Dymoke, a 67-year-old farmer from eastern England, will be the King’s Champion at the coronation, fulfilling a role performed by members of his family since William the Conqueror was crowned nearly 1,000 years ago……
An old tradition, anyway, although not so ”romantic” anymore
like in the ancient times……
Although I like Dymoke’s comment on his ceremonial
role as ”King’s Champion”
”“This is the one moment in my life that really matters,” ,
as he had told the Daily Telegraph [76]
Apart from the modern times we live in, one of
the reasons the King’s Champion doesn’t fullfill his
original role is this:
The King’s Champion originally rode into the coronation banquet on horseback, threw down a gauntlet and challenged anyone who doubted the king or queen’s right to rule.
BUT:
there hasn’t been a coronation banquet since 1821, so Champions now perform other roles, usually bearing a flag or standard, the palace said. [77]
MODERN TIMES…..END You and I, readers, have watched the Coronation ofthe new English king, Charles III [78], followedthe symbols and traditions.Travelled through the Ages in which the Coronationstook shape, with the fascinating history of the CrownJewels, the 12th century Coronation Spoon, the 700years old Coronation Chair, the St Edward’s Crown,the King’s Champion, all those ancient andmeaningful traditions, from the Middle Ages untillModern Times. Much is changed, yet the tradition and the Bond with History remains.I will end with the words, king Charles III uttered at his Coronation:”I come not to be served, but to serve” [79] Readers, it was nice to travel with you to history againand….end in those modern times! Hope you enjoyed it [I CERTAINLY DID!] See to my next article Then I travel with you to the Middle Ages againThe Time of the Wars of the Roses! My next article will be about Richard Neville, the 16th Earl of Warwick, the Kingmaker! [80] See you then ASTRID ESSED NOTES NOTES 1 AND 2
It is very difficult and arduous to create and sustain a democracy — but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.
Bestselling author, ‘The End of America: Letter of Warning to a Young Patriot’
Apr 24, 2007, 01:07 PM EDT|Updated May 25, 2011
Last autumn, there was a military coup in Thailand. The leaders of the coup took a number of steps, rather systematically, as if they had a shopping list. In a sense, they did. Within a matter of days, democracy had been closed down: the coup leaders declared martial law, sent armed soldiers into residential areas, took over radio and TV stations, issued restrictions on the press, tightened some limits on travel, and took certain activists into custody.
They were not figuring these things out as they went along. If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways. But it is always effective. It is very difficult and arduous to create and sustain a democracy – but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.
As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated today in the United States by the Bush administration.
Because Americans like me were born in freedom, we have a hard time even considering that it is possible for us to become as unfree – domestically – as many other nations. Because we no longer learn much about our rights or our system of government – the task of being aware of the constitution has been outsourced from citizens’ ownership to being the domain of professionals such as lawyers and professors – we scarcely recognise the checks and balances that the founders put in place, even as they are being systematically dismantled. Because we don’t learn much about European history, the setting up of a department of “homeland” security – remember who else was keen on the word “homeland” – didn’t raise the alarm bells it might have.
It is my argument that, beneath our very noses, George Bush and his administration are using time-tested tactics to close down an open society. It is time for us to be willing to think the unthinkable – as the author and political journalist Joe Conason, has put it, that it can happen here. And that we are further along than we realise.
Conason eloquently warned of the danger of American authoritarianism. I am arguing that we need also to look at the lessons of European and other kinds of fascism to understand the potential seriousness of the events we see unfolding in the US.
1 Invoke a terrifying internal and external enemy
After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a “war footing”; we were in a “global war” against a “global caliphate” intending to “wipe out civilisation”. There have been other times of crisis in which the US accepted limits on civil liberties, such as during the civil war, when Lincoln declared martial law, and the second world war, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda has noted, is unprecedented: all our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space – the globe itself is the battlefield. “This time,” Fein says, “there will be no defined end.”
Creating a terrifying threat – hydra-like, secretive, evil – is an old trick. It can, like Hitler’s invocation of a communist threat to the nation’s security, be based on actual events (one Wisconsin academic has faced calls for his dismissal because he noted, among other things, that the alleged communist arson, the Reichstag fire of February 1933, was swiftly followed in Nazi Germany by passage of the Enabling Act, which replaced constitutional law with an open-ended state of emergency). Or the terrifying threat can be based, like the National Socialist evocation of the “global conspiracy of world Jewry”, on myth.
It is not that global Islamist terrorism is not a severe danger; of course it is. I am arguing rather that the language used to convey the nature of the threat is different in a country such as Spain – which has also suffered violent terrorist attacks – than it is in America. Spanish citizens know that they face a grave security threat; what we as American citizens believe is that we are potentially threatened with the end of civilisation as we know it. Of course, this makes us more willing to accept restrictions on our freedoms.
2 Create a gulag
Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal “outer space”) – where torture takes place.
At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, “enemies of the people” or “criminals”. Initially, citizens tend to support the secret prison system; it makes them feel safer and they do not identify with the prisoners. But soon enough, civil society leaders – opposition members, labour activists, clergy and journalists – are arrested and sent there as well.
This process took place in fascist shifts or anti-democracy crackdowns ranging from Italy and Germany in the 1920s and 1930s to the Latin American coups of the 1970s and beyond. It is standard practice for closing down an open society or crushing a pro-democracy uprising.
With its jails in Iraq and Afghanistan, and, of course, Guantánamo in Cuba, where detainees are abused, and kept indefinitely without trial and without access to the due process of the law, America certainly has its gulag now. Bush and his allies in Congress recently announced they would issue no information about the secret CIA “black site” prisons throughout the world, which are used to incarcerate people who have been seized off the street.
Gulags in history tend to metastasise, becoming ever larger and more secretive, ever more deadly and formalised. We know from first-hand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the US-run prisons we are aware of and those we can’t investigate adequately.
But Americans still assume this system and detainee abuses involve only scary brown people with whom they don’t generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: “First they came for the Jews.” Most Americans don’t understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.
By the way, the establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24 1934, the Nazis, too, set up the People’s Court, which also bypassed the judicial system: prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials. Eventually, the Special Courts became a parallel system that put pressure on the regular courts to abandon the rule of law in favour of Nazi ideology when making decisions.
3 Develop a thug caste
When leaders who seek what I call a “fascist shift” want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.
The years following 9/11 have proved a bonanza for America’s security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time US administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution
Yes, but that is in Iraq, you could argue; however, after Hurricane Katrina, the Department of Homeland Security hired and deployed hundreds of armed private security guards in New Orleans. The investigative journalist Jeremy Scahill interviewed one unnamed guard who reported having fired on unarmed civilians in the city. It was a natural disaster that underlay that episode – but the administration’s endless war on terror means ongoing scope for what are in effect privately contracted armies to take on crisis and emergency management at home in US cities.
Thugs in America? Groups of angry young Republican men, dressed in identical shirts and trousers, menaced poll workers counting the votes in Florida in 2000. If you are reading history, you can imagine that there can be a need for “public order” on the next election day. Say there are protests, or a threat, on the day of an election; history would not rule out the presence of a private security firm at a polling station “to restore public order”.
4 Set up an internal surveillance system
In Mussolini’s Italy, in Nazi Germany, in communist East Germany, in communist China – in every closed society – secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.
In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizens’ phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.
In closed societies, this surveillance is cast as being about “national security”; the true function is to keep citizens docile and inhibit their activism and dissent.
5 Harass citizens’ groups
The fifth thing you do is related to step four – you infiltrate and harass citizens’ groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.
Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 “suspicious incidents”. The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organisations engaged in peaceful political activities: Cifa is supposed to track “potential terrorist threats” as it watches ordinary US citizen activists. A little-noticed new law has redefined activism such as animal rights protests as “terrorism”. So the definition of “terrorist” slowly expands to include the opposition.
6 Engage in arbitrary detention and release
This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a “list” of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.
In 2004, America’s Transportation Security Administration confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuela’s government – after Venezuela’s president had criticised Bush; and thousands of ordinary US citizens.
Professor Walter F Murphy is emeritus of Princeton University; he is one of the foremost constitutional scholars in the nation and author of the classic Constitutional Democracy. Murphy is also a decorated former marine, and he is not even especially politically liberal. But on March 1 this year, he was denied a boarding pass at Newark, “because I was on the Terrorist Watch list”.
“Have you been in any peace marches? We ban a lot of people from flying because of that,” asked the airline employee.
“I explained,” said Murphy, “that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution.”
“That’ll do it,” the man said.
Anti-war marcher? Potential terrorist. Support the constitution? Potential terrorist. History shows that the categories of “enemy of the people” tend to expand ever deeper into civil life.
James Yee, a US citizen, was the Muslim chaplain at Guantánamo who was accused of mishandling classified documents. He was harassed by the US military before the charges against him were dropped. Yee has been detained and released several times. He is still of interest.
Brandon Mayfield, a US citizen and lawyer in Oregon, was mistakenly identified as a possible terrorist. His house was secretly broken into and his computer seized. Though he is innocent of the accusation against him, he is still on the list.
It is a standard practice of fascist societies that once you are on the list, you can’t get off.
7 Target key individuals
Threaten civil servants, artists and academics with job loss if they don’t toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile’s Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.
Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not “coordinate”, in Goebbels’ term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically “coordinate” early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7 1933.
Bush supporters in state legislatures in several states put pressure on regents at state universities to penalise or fire academics who have been critical of the administration. As for civil servants, the Bush administration has derailed the career of one military lawyer who spoke up for fair trials for detainees, while an administration official publicly intimidated the law firms that represent detainees pro bono by threatening to call for their major corporate clients to boycott them.
Elsewhere, a CIA contract worker who said in a closed blog that “waterboarding is torture” was stripped of the security clearance she needed in order to do her job.
Most recently, the administration purged eight US attorneys for what looks like insufficient political loyalty. When Goebbels purged the civil service in April 1933, attorneys were “coordinated” too, a step that eased the way of the increasingly brutal laws to follow.
8 Control the press
Italy in the 1920s, Germany in the 30s, East Germany in the 50s, Czechoslovakia in the 60s, the Latin American dictatorships in the 70s, China in the 80s and 90s – all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.
The Committee to Protect Journalists says arrests of US journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened “critical infrastructure” when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.
Other reporters and writers have been punished in other ways. Joseph C Wilson accused Bush, in a New York Times op-ed, of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy – a form of retaliation that ended her career.
Prosecution and job loss are nothing, though, compared with how the US is treating journalists seeking to cover the conflict in Iraq in an unbiased way. The Committee to Protect Journalists has documented multiple accounts of the US military in Iraq firing upon or threatening to fire upon unembedded (meaning independent) reporters and camera operators from organisations ranging from al-Jazeera to the BBC. While westerners may question the accounts by al-Jazeera, they should pay attention to the accounts of reporters such as the BBC’s Kate Adie. In some cases reporters have been wounded or killed, including ITN’s Terry Lloyd in 2003. Both CBS and the Associated Press in Iraq had staff members seized by the US military and taken to violent prisons; the news organisations were unable to see the evidence against their staffers.
Over time in closing societies, real news is supplanted by fake news and false documents. Pinochet showed Chilean citizens falsified documents to back up his claim that terrorists had been about to attack the nation. The yellowcake charge, too, was based on forged papers.
You won’t have a shutdown of news in modern America – it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth. In a fascist system, it’s not the lies that count but the muddying. When citizens can’t tell real news from fake, they give up their demands for accountability bit by bit.
9 Dissent equals treason
Cast dissent as “treason” and criticism as “espionage’. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of “spy” and “traitor”. When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Times’ leaking of classified information “disgraceful”, while Republicans in Congress called for Keller to be charged with treason, and rightwing commentators and news outlets kept up the “treason” drumbeat. Some commentators, as Conason noted, reminded readers smugly that one penalty for violating the Espionage Act is execution.
Conason is right to note how serious a threat that attack represented. It is also important to recall that the 1938 Moscow show trial accused the editor of Izvestia, Nikolai Bukharin, of treason; Bukharin was, in fact, executed. And it is important to remind Americans that when the 1917 Espionage Act was last widely invoked, during the infamous 1919 Palmer Raids, leftist activists were arrested without warrants in sweeping roundups, kept in jail for up to five months, and “beaten, starved, suffocated, tortured and threatened with death”, according to the historian Myra MacPherson. After that, dissent was muted in America for a decade.
In Stalin’s Soviet Union, dissidents were “enemies of the people”. National Socialists called those who supported Weimar democracy “November traitors”.
And here is where the circle closes: most Americans do not realise that since September of last year – when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 – the president has the power to call any US citizen an “enemy combatant”. He has the power to define what “enemy combatant” means. The president can also delegate to anyone he chooses in the executive branch the right to define “enemy combatant” any way he or she wants and then seize Americans accordingly.
Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door; ship you or me to a navy brig; and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalin’s gulag had an isolation cell, like Guantánamo’s, in every satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)
We US citizens will get a trial eventually – for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is trying increasingly aggressively to find ways to get around giving even US citizens fair trials. “Enemy combatant” is a status offence – it is not even something you have to have done. “We have absolutely moved over into a preventive detention model – you look like you could do something bad, you might do something bad, so we’re going to hold you,” says a spokeswoman of the CCR.
Most Americans surely do not get this yet. No wonder: it is hard to believe, even though it is true. In every closing society, at a certain point there are some high-profile arrests – usually of opposition leaders, clergy and journalists. Then everything goes quiet. After those arrests, there are still newspapers, courts, TV and radio, and the facades of a civil society. There just isn’t real dissent. There just isn’t freedom. If you look at history, just before those arrests is where we are now.
10 Suspend the rule of law
The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency – which the president now has enhanced powers to declare – he can send Michigan’s militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state’s governor and its citizens.
Even as Americans were focused on Britney Spears’s meltdown and the question of who fathered Anna Nicole’s baby, the New York Times editorialised about this shift: “A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night … Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any ‘other condition’.”
Critics see this as a clear violation of the Posse Comitatus Act – which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic senator Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: having seen citizens bullied by a monarch’s soldiers, the founders were terrified of exactly this kind of concentration of militias’ power over American people in the hands of an oppressive executive or faction.
Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussolini’s march on Rome or Hitler’s roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.
Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.
It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere – while someone is being tortured, children are skating, ships are sailing: “dogs go on with their doggy life … How everything turns away/ Quite leisurely from the disaster.”
As Americans turn away quite leisurely, keeping tuned to internet shopping and American Idol, the foundations of democracy are being fatally corroded. Something has changed profoundly that weakens us unprecedentedly: our democratic traditions, independent judiciary and free press do their work today in a context in which we are “at war” in a “long war” – a war without end, on a battlefield described as the globe, in a context that gives the president – without US citizens realising it yet – the power over US citizens of freedom or long solitary incarceration, on his say-so alone.
That means a hollowness has been expanding under the foundation of all these still- free-looking institutions – and this foundation can give way under certain kinds of pressure. To prevent such an outcome, we have to think about the “what ifs”.
What if, in a year and a half, there is another attack – say, God forbid, a dirty bomb? The executive can declare a state of emergency. History shows that any leader, of any party, will be tempted to maintain emergency powers after the crisis has passed. With the gutting of traditional checks and balances, we are no less endangered by a President Hillary than by a President Giuliani – because any executive will be tempted to enforce his or her will through edict rather than the arduous, uncertain process of democratic negotiation and compromise.
What if the publisher of a major US newspaper were charged with treason or espionage, as a rightwing effort seemed to threaten Keller with last year? What if he or she got 10 years in jail? What would the newspapers look like the next day? Judging from history, they would not cease publishing; but they would suddenly be very polite.
Right now, only a handful of patriots are trying to hold back the tide of tyranny for the rest of us – staff at the Center for Constitutional Rights, who faced death threats for representing the detainees yet persisted all the way to the Supreme Court; activists at the American Civil Liberties Union; and prominent conservatives trying to roll back the corrosive new laws, under the banner of a new group called the American Freedom Agenda. This small, disparate collection of people needs everybody’s help, including that of Europeans and others internationally who are willing to put pressure on the administration because they can see what a US unrestrained by real democracy at home can mean for the rest of the world.
We need to look at history and face the “what ifs”. For if we keep going down this road, the “end of America” could come for each of us in a different way, at a different moment; each of us might have a different moment when we feel forced to look back and think: that is how it was before – and this is the way it is now.
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands … is the definition of tyranny,” wrote James Madison. We still have the choice to stop going down this road; we can stand our ground and fight for our nation, and take up the banner the founders asked us to carry.
IMAGE SOURCE,PA MEDIA
Fig 3: The north-transept façade of the Abbey offered the most direct connection between the Palace and the Abbey. The reconstruction of the nave continued into the 15th century. Westminster Abbey photographed for Country Life magazine by Paul Highnam.
