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MIDEAST: Palestinians File Lawsuits Over Gaza War
By Mel Frykberg
RAMALLAH, Oct 30 (IPS) - As the legal and moral implications of the UN Goldstone report on Israel's
military assault on Gaza continue to mount, Gazans are taking matters into their
own hands and preparing civil lawsuits.
The Israeli defence ministry's prosecution department has received about
1,500 notices of future civil lawsuits against the Israeli Defence Forces (IDF)
over damage caused to Palestinians and their property, and loss of earning
capacity during Operation Cast Lead, Israel's codename for its three-week
attack on the coastal territory.
Israel is expected counter-argue that it was fighting on foreign territory and
so it bears no legal responsibility for the aftermath of its intensive bombing
campaign.
However, under international law Gaza is still considered occupied by Israel
as the Israeli authorities continue to control the territory's borders, airspace,
coastline, population registration, and electricity and water supplies.
The IDF has also established wide buffer zones within Gaza's borders and
forbidden Palestinian farmers from approaching their agricultural lands
situated within the buffer areas. A number of Palestinians have been shot
dead or wounded for entering the zones.
Furthermore, the Israeli navy prevents Palestinian fishermen from pursuing
their livelihoods along Gaza's coastline by limiting fishing to a three nautical-
mile zone out to sea. Several fishermen have been killed, many more
wounded, and dozens of boats have been shot at or destroyed for going
beyond the zone.
As South African Justice Richard Goldstone's UN report on war crimes in Gaza
continues to gain international legitimacy, the Gazans behind the civil
lawsuits, which include claims that amount to tens of millions of dollars, are
launching their action without waiting for the UN's final verdict.
The matter is due to be discussed at the UN General Assembly next week.
This is not the first time that Palestinians have successfully filed lawsuits
against the IDF. It follows precedents set during the first and second
Intifadas, or uprisings, when injured Palestinians were financially
compensated for injuries sustained during clashes with the IDF.
As a result of the payouts the Israeli parliament or Knesset is working on
formulating a new law which will substantially limit the lawsuits which can be
brought by Palestinians against the state. Only rare claims on a humanitarian
basis will be considered.
Simultaneously as Gazans prepare to take legal action human rights lawyers
and pro-Palestinian activists in a number of European countries are preparing
lists with the names of Israeli officers they allege were involved in war crimes
in Gaza.
The lawyers have been collecting Palestinian testimonies and other evidence.
Legislation in a number of European countries would allow warrants to be
issued against the officers involved if they set foot in these countries, which
include Britain, Holland, Spain, Belgium and Norway.
Daniel Makover, one of the attorneys involved, told the Israeli daily Haaretz
that a list of names of Israeli officers is already on a British police watch list,
and should they travel to Britain they could face detention.
The IDF has already advised the relevant Israeli officers to consult with legal
experts at the Israeli Foreign Ministry for advice before they travel abroad.
This advice has included keeping a low profile in certain countries and
avoiding others.
The Goldstone report has strengthened the case of the European lawyers, the
lawsuits filed by Gazans, and also prompted the Israeli Foreign Ministry to
take counter action.
Israeli Prime Minister Benjamin Netanyahu on Tuesday approved the
establishment of a task force, which includes General Prosecutor Menachem
Mazuz and Chief Military Prosecutor Avihai Mandelblit as well as the legal
adviser to the foreign ministry, to counter the Goldstone report.
Netanyahu vowed that no Israeli soldier or officer would be brought before a
commission of inquiry, but Israeli action appears too little and too late.
Gabriela Shalev, Israel's ambassador to the UN, warned on Wednesday that
the damage caused to Israel abroad would not be eliminated even if Israel
carries out an independent inquiry into the war as advised to by the
international community.
"There are no legal questions here and we shouldn't be deluding ourselves
that the report will disappear if we launch a probe," said Shalev during a
discussion held at the Israel Democracy Institute.
"We are seeing a murky wave against the State of Israel the likes of which has
not been seen in many years," she added.
Dr Samir Awad from Birzeit University near Ramallah says even if Israel
follows the advice of its allies and conducts an inquiry into the Gaza war to
minimise international criticism, Israel's reputation has irreversibly worsened.
"The only slightly possible way to lessen damage to Israel's reputation would
be for Israel to renew real and meaningful peace negotiations with the
Palestinians, and even then I don't think that would successfully counter the
credibility of the Goldstone report," Awad told IPS.
"The damage has been done," agrees Prof. Moshe Ma'oz from Jerusalem's
Hebrew University. "The news is all over the world. Even if Israel comes up
with a credible counter-report and independent inquiry, all this will do is
reduce the fallout," Ma'oz told IPS. (END/2009)
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