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Israel to consider war crimes case

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Jonathan Cook
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Michael Sfard, an Israeli lawyer who was involved in the Yesh Gvul petition, said: "A case that indicates Israel is unwilling to seriously investigate or bring to justice officials whose decisions appear to have violated international law can help outside actors seek their own legal remedies."

In addition to Olmert and Livni, the petition names two former military chiefs of staff, along with a former domestic intelligence chief and a former minister of defense.

According to Dalal, factual evidence of war crimes is provided in official Israeli reports produced by the Winograd inquiry into the 2006 Lebanon war and the two Turkel inquiries into the 2010 attack on the aid flotilla.

Dalal also drew on the extensive research of UN-appointed investigations, including the Goldstone commission into the attack on Gaza in late 2008, and two commissions, led respectively by Karl Hudson-Philips and Geoffrey Palmer, into the flotilla attack.

In the case of the 2006 Lebanon war, for example, Dalal cites several statements that implicate Halutz, the then-military chief of staff, in policies of collective punishment and targeting civilian infrastructure.

Some 1,200 Lebanese were killed in the month-long war, of which the majority were civilians. The UN children's charity UNICEF has estimated that nearly a third of the dead were children under the age of 13. 

In the Winograd inquiry, Halutz is quoted as saying, shortly after two soldiers were captured by the Lebanese militia Hezbollah, his forces "should operate on two levels, against the state of Lebanon and against Hezbollah without leaving anyone immune from targeting. This is the meaning of deterrence."

The same day, the media reported him issuing similar threats to "turn back the clock in Lebanon by 20 years," unless the soldiers were returned. 

The Winograd report cited him telling the prime minister the next day: "The main objective is to make Lebanon take a stance [against Hezbollah] by targeting infrastructure."

Dalal said: "The Winograd report clearly shows that the military and political leadership either intended to hurt civilians in Lebanon or at the very least had a disregard for their safety. From their statements we can show both an intention and operational results that accorded with that stated intention."

Halutz and Olmert, who ordered the attacks on Lebanon and Gaza, recently announced that they would be setting up a new consultancy firm expected to offer advice on defense matters. 

"Uncomfortable" allegations

The UN's Palmer Commission into the killing by Israeli naval commandos of nine humanitarian activists aboard the Mavi Marmara aid ship to Gaza in May 2010, found evidence that suggested most of the victims had been executed.

In its prepared response to the court, the Israeli justice ministry stated: "Our position is to recommend the rejection of this petition because the accusations are too general, they lack a minimal foundation in factual evidence, while the events are now far in the past, as well as being unrelated to each other."

Israel has claimed that efforts to prosecute its officials are part of a campaign of delegitimization it terms "lawfare." 

It has also pressured European countries to change their universal jurisdiction laws. Its concerns were heightened in 2009 by the decision of a London court to issue an arrest warrant for Livni in connection to Operation Cast Lead. The warrant was revoked when it emerged that Livni was not in the UK. 

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Jonathan Cook is a writer and journalist based in Nazareth, Israel. He is the 2011 winner of the Martha Gellhorn Special Prize for Journalism. His latest books are "Israel and the Clash of Civilisations: Iraq, Iran and the Plan to Remake the Middle East" (Pluto Press) and "Disappearing Palestine: (more...)
 

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