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Will Obama Show Reagan’s Courage and Suspend Tank Transfers to Israel?

In the worst strike yet by Israel against a United Nations school where Palestinian civilians were seeking shelter from the carnage, up to 19 people were killed and 125 were wounded last night when Israeli tanks shelled the school in Jebalya. Citizens in Gaza have very limited options on where to go once Israel issues an ultimatum to evacuate an area. Reuters reports that more than 200,000 have sought refuge in UN schools and other UN buildings since the fighting broke out. Also yesterday, Israeli tanks shelled the only power plant in Gaza, forcing it to be shut down when a fuel tank was hit.

Israel, of course, claims that there was mortar fire from the vicinity of the UN school:

An Israeli military spokeswoman said militants had fired mortar bombs from the vicinity of the school and troops fired back in response. The incident was still being reviewed.

It is hard to see the shelling of the power plant, however, as anything other than collective punishment for all of Gaza. For all of Israel’s yammering about terror tunnels and the scary rockets that Hamas is firing toward Israel, numbers in a CNN article this morning drive home the asymmetry of the conflict. Gaza is home to 1.8 million residents while Israel has a population of 8 million. Israel’s armed forces have 176,000 active personnel. As for Hamas:

The U.S. State Department says there are “several thousand” Gaza-based Hamas militant operatives along with a “reported 9,000-person Hamas-led paramilitary group known as the ‘Executive Force.'”

Tellingly, CNN does not separate Palestinian civilians from Hamas militants when it first touches on casualty figures, stating only that “more than 1200 Palestinians have been killed”. The Reuters article linked above puts the number this morning at 1270. Only later in the CNN article do we learn that Israel estimates that it has killed “more than 300” Hamas militants. That means that Israel’s own estimate is that 76% of the Palestinians they have killed are civilians. For all of Israel’s claims about the “pin-point precision” of its attacks, that is a horrible track record.

Of course, Israel hides behind claims of Hamas using civilians as human shields to justify the high civilian death rate. The problem, though, is that it is impossible to see how Israel faces any sort of imminent danger from any Hamas militants who may be hiding among Palestinian refugees (or even in the terror tunnels!). While the death toll of Palestinian civilians is approaching a thousand in this conflict, a grand total of three Israeli civilians have died, along with 53 soldiers who have died once Israeli forces crossed into Gaza. The UN is taking as many precautions as they can to screen the refugees in their shelters, and they have found and disclosed rockets that operatives tried to hide in shelters three times now.

Given the horrific numbers of civilians killed and the clearly punitive nature of bombing the power plant, it is time to visit the regulations and policies that apply to US arms and arms funding that flows to Israel. Consider this policy pronouncement in Defense News in April of this year, where we learn that:

a State Department official said Washington’s classified Conventional Arms Transfer Policy has been updated to make clear that the US will not transfer arms, equipment or training to countries that commit genocide, crimes against humanity or violate international humanitarian law.

The law against collective punishment is clear and the ratio of civilians to militants killed, along with the repressive blockade and power plant bombing would seem to be slam dunks for proving collective punishment.

Further, none other than the war mongers’ best friend Ronald Reagan actually intervened (pdf) in arms transfers to Israel once when they over-stepped the bounds of humanity:

Questions raised regarding the use of U.S.-supplied military equipment by Israel in Lebanon in June and July 1982, led the Reagan Administration to determine on July 15, 1982, that Israel “may” have violated its July 23, 1952, Mutual Defense Assistance Agreement with the United States (TIAS 2675). Concerns centered on whether or not Israel had used U.S.-supplied anti-personnel cluster bombs against civilian targets during its military operations in Lebanon and the siege of Beirut. The pertinent segment of that 1952 agreement between Israel and the United States reads as follows:

The Government of Israel assures the United States Government that such equipment, materials, or services as may be acquired from the United States … are required for and will be used solely to maintain its internal security, its legitimate self-defense, or to permit it to participate in the defense of the area of which it is a part, or in United Nations collective security arrangements and measures, and that it will not undertake any act of aggression against any other state.

It should be noted that none of the critical terms such as “internal security,” “legitimate self-defense,” or “act of aggression” are defined within this 1952 U.S.-Israeli agreement. The House Foreign Affairs Committee held hearings on this issue in July and August 1982. On July 19, 1982, the Reagan Administration announced that it would prohibit new exports of cluster bombs to Israel. This prohibition was lifted by the Reagan Administration in November 1988

Note that Israeli tanks appear to have been involved in the shelling of both the school and the power plant. That would make tanks and their ammunition perfect candidates to replace the cluster bombs in a repeat of Reagan’s move in 1982. From the figures in this document (pdf, see this pdf for a guide to the categories), it appears that in 2013, the US provided over $620 million worth of assistance in the category of “Tanks and Military Vehicles” to Israel, just among the figures reported by the State Department rather than the Defense Department.

Of course, don’t look for Obama to have the courage to stem the flow of money and weapons to Israel any time soon. In the meantime, it will be up to outside groups to apply what little pressure they can.

Update: From the UN statement on the shelling of the school (the sixth one hit!):

Last night, children were killed as they slept next to their parents on the floor of a classroom in a UN designated shelter in Gaza. Children killed in their sleep; this is an affront to all of us, a source of universal shame. Today the world stands disgraced.

We have visited the site and gathered evidence. We have analysed fragments, examined craters and other damage. Our initial assessment is that it was Israeli artillery that hit our school, in which 3,300 people had sought refuge. We believe there were at least three impacts. It is too early to give a confirmed official death toll. But we know that there were multiple civilian deaths and injuries   including of women and children and the UNRWA guard who was trying to protect the site.  These are people who were instructed to leave their homes by the Israeli army.

The precise location of the Jabalia Elementary Girls School and the fact that it was housing thousands of internally displaced people was communicated to the Israeli army seventeen times,  to ensure its protection; the last being at  ten to nine last night, just hours before the fatal shelling.

Droning Cell Phone Calls

Noah Shachtman is going to convince me to give up my cell phone. Today he notes an AP story reporting that Palestinians believe Israel’s spy drones are jamming cell phone lines and then using them to take out targets.

Palestinians say they know when an Israeli drone is in the air: Cell phones stop working, TV reception falters and they can hear a distant buzzing. They also know what’s likely to come next — a devastating explosion on the ground.

Palestinians say Israel’s pilotless planes have been a major weapon in its latest offensive in Gaza, which has killed nearly 120 people since last week.

[snip]

Wary Gaza militants using binoculars are on constant lookout for drones. When one is sighted overhead, the militants report via walkie-talkie to their comrades, warning them to turn off their cell phones and remove the batteries for fear the Israeli technology will trace their whereabouts.

The AP goes on to note that the US has used such Predator drone attacks in Pakistan and Afghanistan as well–though the AP doesn’t explicitly say these drones triggered using cell phone signals.

In January, a missile fired from a Predator killed Abu Laith al-Libi, a top al-Qaida commander, in Pakistan’s lawless tribal region of north Waziristan. Coalition forces in Afghanistan are believed to have launched a number of missile strikes from drones against Taliban and al-Qaida militants hiding on the Pakistani side of the border, but the U.S. military has never confirmed them.

This report follows on one from last week, in which the Taliban demanded cell phone operators in Afghanistan turn off cell signal for 10 hours a day–or they’d take the towers out.

Taliban militants threatened Monday to blow up telecom towers across Afghanistan if mobile phone companies do not switch off their signals for 10 hours starting at dusk.

Taliban spokesman Zabiullah Mujaheed said the U.S. and other foreign troops in the country are using mobile phone signals to track down the insurgents and launch attacks against them.

Since that time, the Taliban have taken out at least two cell towers (h/t oscar).

Two mobile phone antennas were destroyed in southern Afghanistan, officials said Sunday, after Taliban militants threatened to bring down such masts, alleging they are used to locate hideouts.

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The Gazan Jail-Bust and Middle East Dynamics

While we were all glued to CSPAN on the FISA fight yesterday, Hamas engineered a massive jail-break, breaking down the wall between Gaza and Egypt so Palestinians who have been under siege could go into Egypt to get food and supplies. The jail-break may have redefined the dynamics of Middle Eastern politics. While the jail-break had obviously been planned for some time, it occurred at a time when Israel was intensifying the Gaza siege, even while Bush had just traipsed around the Middle East claiming he was serious about seeking peace between Israel and Palestine. While it’s still early, the jail-break has the potential of dramatically altering dynamics in the Middle East.

As Jonathan Edelstein notes, the siege was really more of a joint Israeli-Egyptian siege.

I’ll close by questioning received wisdom, noting a legal paradigm shift, and indulging in some wild speculation.

Questioning received wisdom: I think we’ve been wrong all along in describing the siege of Gaza as an Israeli siege. In fact, ever since Israel left the Philadelphi route, it’s been an Israeli-Egyptian siege, and Egypt has maintained its end for its own reasons. Hamas correctly perceived Egypt as the military and political weak link, and chose to break the siege at the Egyptian border. I’ve actually wondered why it took so long; there have been partial breaches of the wall before, and I remember thinking at the time that Hamas would gain an advantage by widening them. Maybe it wasn’t yet ready, but I think it’s now very clear that they and Israel were never the only players.

Adelstein wonders whether this jailbust might lead to increasing influence from Hamas in Egypt, something Egypt can ill afford.

As for Bob Spencer’s speculation that Gaza might “become some sort of loosely associated part of Egypt,” I wonder if it might end up more the other way. I did some speculating of my own about the Gaza-Sinai relationship in late 2005, at the time the Rafah crossing reopened and before the rocket-closure-raid cycle started developing its own logic. The key points were that Gaza has six times the population of North Sinai governorate, that there was more money in Gaza than in that part of Egypt, that Egyptian security control in that region was tenuous and that the ports of al-Arish and Port Said had the potential to become a key Palestinian import-export route. All these, except possibly the second, remain true, and given that it will be a political impossibility for Mubarak to re-close the border (although he has built walls against his own Bedouin citizens), Sinai al-Shamaliyya might end up becoming a de facto Palestinian economic appendage. Interesting times. Read more