30 June 2006
The following press release highlights contentious areas of media coverage of Israel's current invasion of the Gaza Strip, with Arab Media Watch's recommendations.
Gaza Still Occupied
With Israel's current bombardment and invasion of the Gaza Strip, described by Amnesty International as "wanton destruction and collective punishment," many journalists are erroneously reporting that Israel withdrew from the territory "after 38 years of occupation."
However, according to international law, Gaza is still technically occupied. The UN has not determined otherwise. All Israel did last September was redeploy its troops from inside Gaza to the perimeter, and then bombard it. Israeli troops can still re-enter Gaza, as demonstrated by its latest invasion, and it controls its borders, airspace and sea space (and therefore access into and out of Gaza).
As an occupying power, Israel is responsible for the welfare of the Palestinian people. The International Court of Justice has authoritatively determined that the Fourth Geneva Convention is applicable there.
Human Rights Watch states: "The disengagement plan provides that Israel is going to maintain the right to re-enter the territory at will, continue to control the borders, the air space, the sea, and all movement of people into and out of Gaza. These are all the characteristics of military control, and if Israel remains in effective military control in Gaza, then it remains an occupying power under law. The only thing that you can really call this is a plan to withdraw Jewish settlers…The Israeli government's plan to remove troops and Jewish settlements from the Gaza Strip would not end Israel's occupation of the territory…As an occupying power, Israel will retain responsibility for the welfare of Gaza's civilian population…under international law, the test for determining whether an occupation exists is effective control by a hostile army, not the positioning of troops…Whether the Israeli army is inside Gaza or redeployed around its periphery and restricting entrance and exit, it remains in control."
HRW reiterated this as recently as 29 June 2006: "Even though Israel unilaterally withdrew its troops and settlements from Gaza in 2005, it continues to have obligations as an occupying power in Gaza because of its almost complete control over Gaza’s borders, sea and air space, tax revenue, utilities, and the internal economy of Gaza. At a minimum, Israel continues to be responsible for the basic welfare of the Palestinian population in Gaza, in particular the health, educational, and humanitarian needs of the population to the extent these are affected by the restrictions imposed on Gaza by Israel."
http://www.hrw.org/english/docs/2006/06/29/isrlpa13662.htm
Even an Israeli government study concludes: "We must be aware that the disengagement does not necessarily exempt Israel from responsibility in the evacuated territories."
The World Bank states: "The Plan's assertion that Israel is no longer responsible for the population of Gaza will not resonate. Nor would donors appreciate the implication that they must bear the humanitarian consequences of this style of disengagement."
For further reading see the authoritative and updated Manual of the Law of Armed Conflict, (Oxford: Oxford University Press 2005) produced by the Ministry of Defence, paragraphs 11.2, 11.3, 11.3.1, 11.3.2 and 11.7.1.
The Kidnapping & Invasion: Cause & Effect
Journalists should refrain from portraying the Israeli invasion as a "reaction" to the kidnapping, when in fact Israel has been shelling Gaza since its withdrawal, intensively so in the last several weeks. This caused UN monitor John Dugard to state that "there has been a substantial deterioration in respect of human rights," and UN Secretary General Kofi Annan to remind Israel "to respect international law."
http://www.un.org/apps/news/story.asp?NewsID=18941&Cr=Middle&Cr1=Palestin
From the start of June to the kidnapping of the soldier on the 25th, 49 Palestinians were killed and 170 injured, including women and children, according to the Palestine Red Crescent Society, causing great concern among human rights groups and threats of revenge from militant groups:
"We have decided to tell the occupier 'no more truce from today' in response to the bloodletting of our women, our children and our elderly. We will not suffer your repeated crimes in silence."
Furthermore, the tank base from where the soldier was kidnapped is one of the locations from which Israel has been relentlessly shelling the Gaza Strip, and just one day earlier, Israeli commandos had raided Rafah and captured two brothers, Mustafa and Osama Muamar.
"All of this is well known but did not make it to the front page," wrote Naftali Lavie, who served in an Israeli tank unit near Kibbutz Kerem Shalom, in Canada's Globe and Mail newspaper. "Can it be that Palestinian lives are nothing, Israeli lives everything? That Palestinian captives are nothing, Israeli captives everything?"
http://www.theglobeandmail.com/servlet/story/LAC.20060627.LETTERS27-6/TPStory/?query=lavie
Gaza Context: Humanitarian Disaster
In covering recent events, the media generally has not given sufficient context in terms of the suffering imposed on the Palestinians in the occupied territories, particularly the Gaza Strip, that preceded the current Israeli invasion, and which has worsened further because of it.
Last month, the UN and a number of humanitarian agencies working in the occupied territories were "compelled" to revise up their 2006 emergency appeal by 80% "in the face of the desperate need," said David Shearer, head of the UN Office for the Coordination of Humanitarian Affairs.
"The World Food Programme warns that growing numbers people are unable to cover their daily food needs and other agencies report basic services such as health care and education are deteriorating and set to worsen much further."
UNRWA Commissioner-General Karen Koning AbuZayd says that "the impact of the deteriorating economic conditions is becoming visible by the day."
http://www.humanitarianinfo.org/opt/docs/UN/OCHA/Final_PR_English310506.pdf
Also in May, Physicians for Human Rights – Israel said that "Israel is responsible for the outcome of the collapse of Palestinian civil society in general and the health system in particular."
http://phr.org.il/phr/article.asp?articleid=338&catid=55&pcat=-1&lang=ENG
That month, the Association of International Development Agencies said the "rapidly deteriorating situation" is due to "the continued and increased closure of border crossings and restrictions on movement...the withholding by the Israeli government of Palestinian tax revenues, which provide roughly half of the Palestinian monthly revenue," and "the suspension of direct aid to the Palestinian Authority."
http://electronicintifada.net/v2/article4684.shtml
In April, Amnesty International said it was "continuing to call on the Israeli authorities to meet their obligations under international humanitarian and human rights law, including by lifting the unnecessary, disproportionate and arbitrary restrictions currently placed on the movement of Palestinians and of goods in the Occupied Territories."
http://www.amnestyusa.org/news/document.do?id=ENGMDE150352006
On 12 April, the UN Office for the Coordination of Humanitarian Affairs reported that Israel had "fired more than 2,300 artillery and tank shells into the Gaza Strip since 29 March, more than 150 shells a day." It added that "the continuous firing of artillery shells and launching of…missiles are causing immense psycho-social strain on the Gaza population, especially on children. There are also additional risks from unexploded shells…"
http://www.humanitarianinfo.org/opt/docs/UN/OCHA/ochaSR_Gaza120406.pdf
In April, five human rights organisations (three Israeli and two Palestinian) said that "the massive artillery fire causes disproportionate harm to the civilian population...subjects Israeli army officers and soldiers to war crimes charges," and constitutes "a blatant violation of the Basic Rule of the laws of armed conflict whereby civilians and civilian objects must be distinguished from military objectives. The fact that Israel is confronting illegal firing of Qassam missiles at its own civilian population does not legitimize disproportionate responsive measures, which will knowingly lead to civilian casualties."
http://www.btselem.org/english/press_releases/20060411.asp
That month, Oxfam International said that "Israeli restrictions on movement of goods and food aid is increasing the suffering of the 1.3 million Palestinians living inside Gaza," and that "the already serious humanitarian situation facing the Palestinians may become far more acute…with the impact of continuing Israeli restrictions on social services and economic activity."
It added: "Palestinians are already on the edge of survival, with over 60 per cent of the population living on less than $2.10 per day…at a time when the Palestinian economy is suffering a serious reversal of development because of Israel's occupation…
"Palestinian tax revenues…have been withheld by Israel in violation of the internationally agreed Oslo Accords and the Paris Protocol. They should be transferred by Israel without delay.
"Palestinian livelihoods are threatened because farmers are prevented from reaching their fields, water supplies or sources of inputs and from selling their produce in nearby markets, as a result of the Separation Wall and restrictions on movement under occupation. In addition, Israel's repeated and often lengthy closures of the Karni crossing into the Gaza Strip, amounting to two out of every three days so far this year, have had a devastating impact on Gaza's 1.3 million people. Essential food supplies including bread, sugar and yogurt have become extremely scarce.
"The Karni closures have also been catastrophic for Palestinian agriculture, costing Palestinians up to $500,000 a day…It is vital that Israel allows Palestinians free access to markets, in line with obligations under the Paris Protocol.
"Israel, as the occupying power, has legal responsibility under the 4th Geneva Convention to ensure access to basic services for Palestinian civilians. The international community also has the legal responsibility to hold Israel accountable for any violations against the Palestinians under International Law."
http://www.oxfam.org/en/news/pressreleases2006/openletter_060407
The situation in Gaza has just gotten considerably worse with Israel's destruction of Gaza's only electrical plant, leaving around 700,000 Palestinians without electricity.
This "needlessly punishes the civilian population and has created the potential for a serious humanitarian crisis," since "the station provides power to the majority of the Gaza Strip, and is responsible for…systems essential to the survival of Gaza's civilian population," such as "the water system, sewage treatment, and medical services," says Human Rights Watch.
"The laws of war prohibit attacks on 'objects indispensable to the survival of the civilian population.' Israel's attack on Gaza's only power plant is in violation of its obligation to safeguard such objects from attack."
HRW "also expressed concern about the intentional and frequent use of sonic booms by Israeli military aircraft over Gaza, which has caused great fear among the civilian population, particularly among children. Article 33 of the Fourth Geneva Convention prohibits 'measures of intimidation' against the civilian population. As there appears to be no military justification for the use of the sonic booms, other than the prohibited practice of intimidation," HRW "urges Israel to immediately halt the practice."
http://www.hrw.org/english/docs/2006/06/29/isrlpa13662.htm
Palestinian Child Prisoners
The kidnappers have demanded the release of Palestinian prisoners, particularly women and children, from Israeli jails (Israel has rejected this). There are currently around 350 Palestinian children in Israeli prisons, and since the start of the current uprising against Israeli occupation, over 2,000 have been arrested, according to Defence for Children International, which says that "almost all children are tortured…and this practice is condoned by the Israeli state and legal system."
http://www.dci-pal.org/english/camp/freedom/display.cfm?docid=244&categoryid=14
This is a violation of international law, specifically the UN Convention on the Rights of the Child, which states that:
- "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment." Article 37 (a)
- "Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance…" Article 37 (d)
- "No child shall be deprived of his or her liberty unlawfully or arbitrarily." Article 37 (b)
As such, Israel has legal obligations concerning Palestinian child prisoners regardless of militant demands, and journalists ought to highlight this.
Hamas & Syria: Double Standards
AMW supports international condemnation of Israel's kidnapping of dozens of Palestinian MPs, officials and ministers (including Finance Minister Omar Abdal Razeq, Social Affairs Minister Fakhri Torokma, Prisoners' Affairs Minister Wasfi Kabha, and Deputy Prime Minister and Education Minister Nasser Shair), making good on the threat on 27 June by Israeli Infrastructure Minister Benjamin Ben-Eliezer that "Israel has no problem…kidnapping half the Palestinian government."
As this is the wording used by one of Israel's own government ministers, and since it is entering a territory that is not theirs to seize democratically elected members of a legitimate government that is not Israeli, it is curious that the word "kidnapping" has not been used by the media, which has instead resorted to words such as "seizure", "arrest", "holding", "detention" and "rounding up."
Kidnapping is all the more apt a term considering Israeli Major General Yair Naveh conceded that there is a link between this and the kidnapping of the Israeli soldier, and hinted that the politicians would be released if he was freed unharmed.
"A hostage is a person held in the power of an adversary in order to obtain specific actions, such as the release of prisoners, from the other party to the conflict," says Human Rights Watch. "International law prohibits the taking of hostages, which is a war crime under the laws of war."
http://www.hrw.org/english/docs/2006/06/29/isrlpa13662.htm
AMW also condemns Israel for flying its warplanes over a Syrian presidential palace with President Bashar Assad inside, violating Syrian territorial sovereignty and airspace. We agree with the Russian Foreign Ministry's description of this as "completely unacceptable," and UN Secretary General Kofi Annan's advice that "we need to be very careful, not only not to escalate, but not to expand the area of the conflict."
One can imagine the international outcry if Palestinian militants kidnapped Israeli ministers, MPs and officials, or if Syria flew warplanes over Israel.
Gaza Correspondents & Assistance
AMW supports the call by the Committee to Protect Journalists "on Israel to put an immediate end to all restrictions on journalists seeking to cover Gaza," with Executive Director Ann Cooper adding that "there can be no justification for keeping journalists from doing their jobs."
http://www.cpj.org/news/2006/mideast/israel27june06na.html
AMW expresses surprise that such restrictions have not been given media attention, and calls on news outlets to have correspondents permanently based in Gaza. If this is not possible, freelance, bilingual (Arabic and English-speaking) journalists based in Gaza should be used, rather than those based in Jerusalem or Tel Aviv. This is because they will be in a better position to accurately portray what is happening there.
Our Gaza correspondent Yasser Abu Moailek is available for interview and assistance on yasser@arabmediawatch.com or 00972 599 461 841. Should you need to contact other people in Gaza, AMW would be happy to help at info@arabmediawatch.com or 07956 455 528.