A Spanish judge has instituted a judicial inquiry against seven Israeli political and military personalities on suspicion of war crimes and crimes against humanity. The case: the 2002 dropping of a one-ton bomb on the home of Hamas leader Salah Shehade. Apart from the intended victim, 14 people, most of them children, were killed.
For those who have forgotten: the then commander of the Israeli air force, Dan Halutz, was asked at the time what he feels when he drops a bomb on a residential building. His unforgettable answer: "A slight bump to the wing." When we in Gush Shalom accused him of a war crime, he demanded that we be put on trial for high treason. He was joined by the prime minister, Ariel Sharon, who accused us of wanting to "turn over Israeli army officers to the enemy." The attorney general notified us officially that he did not intend to open an investigation against those responsible for the bombing.
I should be happy, therefore, that at long last somebody is ready to put that action to a judicial test (even if he seems to have been thwarted by political pressure). But I am sorry that this has happened in Spain, not in Israel.
And again in 2008, there is not the slightest doubt that in the Gaza war, crimes were committed. The question is to what extent and by whom.
Example: the soldiers call on the residents of a house to leave it. A woman and her four children come out, waving white handkerchiefs. It is absolutely clear that they are not armed fighters. A soldier in a nearby tank stands up, points his rifle, and shoots them dead at short range. According to testimonies that seem to be beyond doubt, this happened more than once.
Another example: the shelling of the United Nations school full of refugees, from which there was no shooting – as admitted by the army, after the original pretexts were disproved.
These are "simple" cases. But the spectrum of cases is far wider. A serious judicial investigation has to start right from the top: the politicians and senior officers who decided on the war and confirmed its plans must be investigated about their decisions. In Nuremberg it was laid down that the starting of a war of aggression is a crime.
The International Criminal Court is also exploring ways to prosecute Israeli commanders over alleged war crimes in Gaza.
Read further the article The Black Flag Is Waving by Uri Avnery
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