Israel: Defense Minister Barak Escapes British Arrest for War Crimes

Israel: US Urges Investigation of War Crimes Allegations

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A bit of a tricky consideration for Anglo-Israeli talks: British lawyers for 16 Palestinians are seeking an international arrest warrant for Israel's defence minister.

Still, Ehud Barak, followed by reporters and demonstrators, met British Prime Minister Gordon Brown and Foreign Minister David Miliband at the Labour Party conference in Brighton.

[youtube]http://www.youtube.com/watch?v=eJFuRb-qdX4[/youtube]

Amidst the Goldstone Report's conclusion that Israel had been responsible for war crimes during its offensive in Gaza, solicitors asked a district judge at the City of Westminster Magistrates Court to issue a warrant for Barak's arrest under the 1988 Criminal Justice Act, alleging that Barak had committed offences against the 1957 Geneva Conventions.

The Israeli Ministry of Defense responded that Barak enjoyed diplomatic immunity "due to his being a minister in the government" (although media reports said Barak had been warned about the impending legal action and urged to leave the UK for France by Israeli officials).

The Guardian reports that, despite the official Israeli statement, lawyers from two London law firms believe the warrant that the International Criminal Court issued in May 2008 for the arrest of Omar al-Bashir, the President of Sudan accused of committing war crimes in Darfur, offers a precedent. However, the British court rejected the appeal, accepting the arguments of the British Foreign Office that Barak was a state guest and not subject to such lawsuits.

Freed from the prospect of a jail term, Barak praised Israel's offensive strategy:

We do not intend to let terror win.. We will not apologize in any way for our just struggle against terrorism. We will do everything possible so that the representatives of Israel, security officials and soldiers of the IDF will continue to freely travel the world. The theater of the absurd whereby those who defend their citizens need to be on the defensive has to end. Otherwise, the world is likely not only to give a prize to terrorism, but to encourage it.

Iran's "Secret" Nuclear Plant: Israel Jumps In

NEW Iran’s Nukes: Did Gates Just Complicate the Obama Position?
The Latest from Iran (27 September): Is There a Compromise Brewing?

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Perhaps the least surprising dimension of the story of the second Iranian enrichment plant has been the speed and intensity of Israeli official reactions came flat out.

Israeli Foreign Minister Avigdor Lieberman told Israel Radio on Saturday:

This removes the dispute whether Iran is developing military nuclear power or not and therefore the world powers need to draw conclusions... Without a doubt it is a reactor for military purposes not peaceful purposes.

Referring to representatives of Arab countries at the UN meetings last week, Lieberman claimed:

Nobody is worried about the Palestinian problem, everybody in the Muslim and Arab world, and first and foremost in the Gulf states, are worried about the Iranian problem.

Haaretz reports that Israeli Prime Minister Benjamin Netanyahu told U.S. House Speaker Nancy Pelosi and other Senators and Congress members in Saturday telephone conversations that it was the time to act to halt the Iranian nuclear program. "If not now, then when," Netanyahu reportedly said. "Action must be taken in all areas to increase pressure on Iran and impose crippling sanctions on it."

As for President Obama's engagement strategy, the Jerusalem Post quoted a senior Israeli official on "the last chance" given to Tehran by the United States, France, Britain and Germany,  "The free world has reached the last opportunity for engagement with Iran. We believe many Western countries now see that the Iranian mask is slipping." He added, however, "But we don't yet know if Russia and China understand this."

Nuclear Dilemma: The IAEA Turns Its Attention to Israel

On Friday, members of the International Atomic Energy Agency voted 49-45, with 16 abstaining, for a resolution which "expresses concern" about the "nuclear capabilities" of a country which raises "concern about the threat posed by the proliferation of nuclear weapons for the security and stability of the Middle East".

You might not think this is surprising, given the discussion of Iran's nuclear programme. Except Iran isn't the subject of the resolution.

It's Israel.

The Jerusalem Post complained, "The result was a setback not only for Israel but also for the United States and other backers of the Jewish state, which had lobbied for 18 years of past practice --- debate on the issue without a vote. US chief delegate Glyn Davies said, "Such an approach is highly politicized and does not truly address the complexities at play regarding crucial nuclear-related issues in the Middle East."

In contrast, Iran hailed the vote as a "glorious moment", as its delegate Ali Asghar Soltanieh said, "The US Administration .... has received a message that they should not continue supporting Israel at any price."

UPDATED The Goldstone Report: Both Israel and Hamas Committed War Crimes

Text of The Goldstone Report

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UPDATE 17 September 1045 GMT: Judge Richard Goldstone has written an opinion piece in The New York Times this morning: "Pursuing justice in this case is essential because no state or armed group should be above the law. Western governments in particular face a challenge because they have pushed for accountability in places like Darfur, but now must do the same with Israel, an ally and a democratic state. Failing to pursue justice for serious violations during the fighting will have a deeply corrosive effect on international justice, and reveal an unacceptable hypocrisy."

UPDATE 17 September 1000 GMT: On Wednesday, the leaders of Israel attacked the Goldstone report. Israeli Prime Minister Benjamin Netanyahu said the findings were "a kangaroo court against Israel, whose consequences harm the struggle of democratic countries against terror". Defense Minister Ehud Barak said the outcome was "a prize for terrorism". Foreign Minister Avigdor Lieberman claimed, "The Goldstone report is seeking to bring the UN back to the dark days in which it decided, under the guidance of states with interests, that Zionism is racism, " and his deputy Danny Ayalon asserted, "The Goldstone report is a dangerous attempt to harm the principle of self-defense by democratic states and provides legitimacy to terrorism." Ayalon also stated that Israel would work to enlist the support of Western democracies in a campaign "to prevent turning international law into a circus."

Israeli President Shimon Peres went even further with the claim:

The Goldstone Commission report is a mockery of history.. It fails to distinguish between the aggressor and a state exercising its right for self defense... The report in practice grants legitimacy to terrorism, premeditated shooting and killing while ignoring the duty and the right of a state to defend itself, something which is explicitly stated in the UN charter.

The United Nations Commission under former South African Judge Richard Goldstone, formed in April to investigate last year's conflict in Gaza,  concluded on Tuesday that both Palestinians and Israelis committed war crimes. The report follows 188 interviews and a review of 10,000 documents and 12,000 photoraphs and videos. 

The report says: "Israel committed actions amounting to war crimes, possibly crimes against humanity." It says that Israel killed civillians, destroyed non-military facilities and imposed a blockade on Gaza as "collective punishment". The report, finds these war crimes were a result of direct consciousz decisions of Israeli officials:

Taking into account the ability to plan, the means to execute plans with the most developed technology available and statements by the Israeli military that almost no errors occurred, the Mission finds that the incidents and patterns of events considered in the report are the result of deliberate planning and policy decisions.

On the other side, the reports states that rocket and mortar attacks into southern Israel were "war crimes":

Where there is no intended military target and the rockets and mortars are launched into civilian areas, they constitute a deliberate attack against the civilian population.

The Jerusalem Post stated that the report was "nauseating,"as it created an unjust "equivalence of a democratic state with a terror organization" and lacked the context of a decade of terrorist attacks by Hamas. Foreign Ministry spokesman Yossi Levy reinforced the public view:

Israel is nauseated and furious about a report that did not surprise us in its imbalance, but did surprise us in the lack of any real pretense to balance.. The report is one of the most disgraceful documents in the long collection of shameful documents put out by the United Nations....The immediate message of this report is: Terror pays. It says that terrorists who attack Jews, unlike terrorists who attack Americans, Spaniards, or other Arabs, will earn the protection of the UN.

Israel's ambassador to the UN, Gabriela Shalev, said: "The mandate of the Goldstone Commission was one-sided from the beginning and the initiative to establish the commission came from the UN Human Rights Council, which is known for regularly and routinely condemning Israel."

Hamas's reaction was just as negative, as its officials claimed that the report was unbalanced and completely misrepresented reality.

Middle East Inside Line: Talks with Iran To Start in Turkey; No Progress in Israel-Palestine Discussions

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Direct Talks with Iran on 1 October: The Jerusalem Post reports, from a senior European Union official that "talks on Iran's nuclear program will likely be held in Turkey". Referring to the meeting, scheduled for 1 October, EU foreign policy chief Javier Solana said: "The Americans will be present in a formalized manner. This is new."

Europe is ready and waiting for a positive outcome from direct talks between Iranians and the Washington-led international community. Simultaneously, it seems that the US has given consent to Ankara's willingness to be the "bridge" in these negotiations.

No Progress in Israel-Palestine Talks: U.S. Mideast special envoy George Mitchell met with Israeli Prime Minister Benjamin Netanyahu and Palestinian leader Mahmoud Abbas on Wednesday. Haaretz reports that the talks were fruitless and no agreement came out at the end of talks.

After rounds of meetings, Palestinian negotiator Saeb Erekat blamed Israel for stalling the resumption of peace talks and insisted that all settlement building must stop. Mitchell also could not get "sufficient" concessions from Netanyahu, as the Israeli Prime Minister rejected concessions on "the natural growth" of the West Bank settlements, on the planned construction of 3,000 new apartments in the West Bank, and on his claim of Israeli ownership of East Jerusalem.

Mitchell said the U.S. is committed to the resumption of peace talks and that he hoped to bring this phase of the effort to a positive conclusion in the coming weeks. The envoy is hoping he can bring Netanyahu and Abbas together with President Barack Obama at the openning of the UN General Assembly session next week. Aides of Abbas reportedly said that he might agree to an informal meeting with Netanyahu in New York.