New York Car Bomb Incident: Another False Flag?
By Stephen Lendman
05 May, 2010
On May 1, New York Times writers Al Baker and William Rashbaum headlined, “Police Find Car Bomb in Times Square,” saying:
“A crude car bomb of propane, gasoline and fireworks was discovered in a ‘smoking’ Nissan Pathfinder in the heart of Times Square on Saturday evening, prompting the evacuation of thousands of tourists and theatergoers on a warm and busy night.”
Mayor Michael Bloomberg claimed “We were very lucky. We avoided what could have been a very deadly event.”
For much of the evening, Midtown New York, from 43rd – 48th streets, was closed, heightening fear reported for hours on cable news shows, including statements by Bloomberg, Governor David Paterson, Police Commissioner Raymond Kelly and Deputy Commissioner Paul Browne, saying the bomb “appeared (to be) in the process of detonating, but it malfunctioned.”
Good luck or something else? We’ve seen this too often not to be suspicious. This one, like others, has all the earmarks of a false flag, more likely given its coverage and location in Times Square on Saturday night, followed by a May 2 video saying the Pakistani Taliban claimed responsibility.
Who could imagine they had a branch office in New York, and no one even noticed. At least that’s the impression from media disinformation, hyped to spread fear and prepare the public for what’s to come, perhaps something much worse.
In addition, like previous times, a suspect is already in custody, a Muslim, of course, as part of the anti-Islamic post-9/11 rage, and given how abusively he may be treated (including frightening threats of life in prison or the death penalty), perhaps will confess to anything or make it appear that he did so headlines can blare it.
According to Reuters, a statement on an Islamic web site (http://www.muslm.net/vb/showthread.php?t=387309) said:
“The Pakistani Taliban announces its responsibility for the New York attack in revenge for the two leaders al-Baghdadi and al-Muhajir and Muslim martyrs.”
Videos are easy to fake, including strategically timed bin Laden ones, exposed by digital experts as fakes, aside from convincing evidence he died in 2001.
See David Ray Griffin’s important book titled, “Osama Bin Laden: Dead or Alive?” In his latest April 30 article, “Did Osama Bin Laden Confess to the 9/11 Attacks, and Did He Die in 2001,” Griffin notes his book’s convincing evidence of his death, that if so, proves all subsequent video and audio tapes attributed to him are fakes.
According to Hactor Factor’s Neal Krawetz, bogus ones are characterized by low quality visual and audio splices and more. His analysis of a September 2007 video showed bin Laden’s beard black when in earlier images it’s gray. It also had him dressed in a white hat, shirt and yellow sweater, precisely the same attire as in October 2004. In addition, the background, lighting, desk and camera angle were the same.
Most obvious were the edits, showing obvious splices, at least six video ones and even more for audio that appeared to be words and phrases spliced together.
Videos like these are easy to make as are special effects clever enough to make anyone look like bin Laden, convincingly enough to fool the public, especially when media reports hype them.
Post-9/11, it’s vital to remind the public by strategically timed “Enemy Number One” bin Laden incidents and the “security threat” he represents. If he didn’t exist, he’d have to be invented so why not perpetuate the myth, omitting that he was a CIA asset and likely remained one until his death.
Noteworthy is that CBS News anchor Dan Rather reported that he was admitted to a Rawalpindi, Pakistan hospital on September 10, 2001, and France’s Le Figaro said:
“Dubai….was the backdrop of a secret meeting between Osama bin Laden and the local CIA agent in July (2001). A partner of the administration of the American Hospital….claims that (bin Laden) stayed (there) between the 4th and 14th of July (and) received visits from many members of his family as well as prominent Saudis and Emiratis. (During the same period), the local CIA agent, known to many in Dubai, was seen taking (the hospital’s) main elevator (to) bin Laden’s room.” Why not if he was a valued asset.
On May 2, the Israeli news website Debka.com featured an “Exclusive Report” saying:
“On April 30, twenty-four hours before a smoking SUV Nissan containing an improvised bomb was defused (in) Times Square….the Pakistani Taliban’s top bomb-maker, Qari Hussain Mehsud, took ‘full responsibility for the recent attack in the USA’ in an audiotape with images on a You Tube website.”
Saying no proof of overseas involvement was forensically found, “DEBKAfile’s counter-terror sources” noted similarities between the New York bomb and earlier 2005 and 2007 ones in London and Glasgow, Scotland respectively. In each case, they used propane and failed to detonate – the Glasgow one, in fact, causing the car used to burn but not cause a major catastrophe.
DEBKA also quoted Pakistani Taliban leader Hakimullah Mehsud saying on an April 4 nine minute tape that “The time is very near when our fedayeen will attack the American states in the major cities.” Earlier, Qari Hussein Mehsud “warned NATO governments to denounce the US and apologize for the ‘massacres in Iraq, Yemen, Afghanistan, and Pakistani tribal areas – otherwise be prepared for the worst destruction and devastation in their own countries.’ “
A mid-April Debka report had Iran threatening to retaliate against US cities with nuclear weapons if they’re used against Iranian cities or sites.
“For the first time, DEBKAfile’s military sources (IDF and/or Mossad ones stoking fear) report, Tehran indicated the possibility of passing nuclear devices to terrorists capable of striking inside the United States….Although Iran has yet to attain operational nuclear arms, our military sources believe it does possess the makings of primitive nuclear devices or ‘dirty bombs.’ “
With no supportive evidence, these type reports hype fear to prepare the public for what’s to come, so if a planned major terrorist event in a Western city, there’s a ready suspect to blame and popular approval to act.
Noted Previous False Flags
The historic record is full of false flags, some especially noteworthy. Below are a few examples:
— in 1898, America falsely accused Spain of blowing up the USS Maine in Havana, Cuba harbor. The Spanish-American war followed;
— in 1933 Germany, a week before general elections, the strategically timed Reichstag fire (home of the German parliament) was blamed on communists. It got President Paul von Hindenburg to sign an emergency decree. Civil liberties were suspended. Weimar Republic democracy ended, and Hitler assumed fascist powers after enough Nazis were elected to assure it;
— on August 31, 1939, Nazis impersonating Polish terrorists attacked the Gleiwitz radio station on the border between the two countries, starting WW II;
— on December 7, 1941, the Roosevelt administration succeeded in manipulating Japan to attack Pearl Harbor, giving FDR the war he wanted from the early 1930s, but had to convince a pacifist public of the threat; the fleet was also tracked across the Pacific, but Admiral HE Kimmel wasn’t warned or given known intelligence to assure enough mass casualties for congressional and public support;
— in 1962, a US Joint Chiefs of Staff proposed false flag attack never happened because President Jack Kennedy rejected it; called Operation Northwoods (a part of Operation Mongoose), the scheme included sinking US ships, shooting down US commercial airliners, blowing up buildings in US cities, attacking America’s Guantanamo base, other incidents, and blaming it on Cuba as a reason for war;
— the fake August 1964 Gulf of Tonkin incident initiating full-scale retaliation against North Vietnam after Congress passed the Gulf of Tonkin Resolution authorizing war without declaring it; and the seminal event of our time –
— September 11, 2001, clear evidence showing it was a false flag, the Afghan and Iraq wars made possible by fear-mongering blame on the Al-Qaeda and Saddam Hussein.
On February 16, 2010, a Washington’s blog web site (georgewashington2.blogspot.com) article titled, “Governments ADMIT That They Carry Out False Flag Terror” listed some examples, including:
— the CIA admitting its 1950s role in toppling Iran’s democratically government in 1953;
— Israel admitting a 1954 attack in Egypt, including planting bombs in US diplomatic facilities, leaving “evidence” of Arab involvement;
— Indonesia’s former president, Abdurrahman Wahid, saying the nation’s police or military most likely were involved in the 2002 Bali bombing, killing over 200 people;
— a former Italian prime minister, judge, and military counterintelligence head, General Gianadelio Maletti, saying America’s CIA instigated and abetted right wing terrorist groups in the 1970s and earlier, including bombing a Milan bank in 1969, to rally popular anti-communist support in Italy and other European countries; and
— many others, including former Carter administration National Security Adviser, Zbigniew Brzezinski, telling a Senate committee that a false flag terror attack on US soil might occur to blame Iran and justify war.
In his 1997 book, “The Grand Chessboard: American Primacy and its Geostrategic Imperatives,” he said:
“Moreover, as America becomes an increasingly multicultural society, it may find it more difficult to fashion a consensus on foreign policy issues, except in the circumstance of a truly massive and widely perceived direct external threat,” the kind 9/11 created – predicted, planned, orchestrated, and carried out to further new world order dominance globally.
Other False Flag Examples
(1) The March 2004 Madrid train bombings occurred three days before Spain’s general elections. With no supportive evidence, they were blamed on Al Qaeda, yet they stoked public fear and were used to warn that other Western cities were threatened, including in America.
Nearly always, Muslims are blamed and arrested, the DEBKAfile citing advance bin Laden tapes threatening to punish Spain for supporting the Bush administration. This time, Basque separatists were also named, again without evidence, and the bin Laden tapes were fakes.
(2) The July 7, 2005 London underground bombings (called 7/7) were a series of attacks on the city’s public transport system during the morning rush hour for maximum disruption and casualties. At precisely the same time, an anti-terror drill occurred, simulating real attacks. It was no coincidence this time or ever, others in America and Britain coming on the same day as a real event, other notable ones covered below.
AP reported that the London Israeli embassy warned Scotland Yard about the 7/7 one in advance, and Israeli Army Radio reported that “Scotland Yard had intelligence warnings of the attacks a short time before they occurred,” but didn’t act or issue warnings. In addition, Israel’s finance minister at the time, Benjamin Netanyahu, was told not to attend an economic conference in the city where he was scheduled to deliver an address.
Other dignitaries were also warned, but not the public. Even without smoking gun proof, the 7/7 attack was a false flag operation to heighten fear and keep Britain and the West embroiled in war.
(3) On the morning of the 9/11 attack, the CIA ran a “pre-planned simulation to explore the emergency response issues that would be created if a plane were to strike a building.” Held at the Agency’s Chantilly, Virginia Reconnaissance Office, AP reported (on August 22, 2002) that it simulated “a small corporate jet (hitting) one of the four towers….after experiencing a mechanical failure.”
Unmentioned at the time was a later revealed (but unreported) Homeland Security conference announcement a year later to commemorate the 9/11 event. Held under the auspices of the National Law Enforcement and Security Institute, one of its speakers was John Fulton, CIA Chief of the Strategic War Gaming Division of the National Reconnaissance office in charge of the operation. Another coincidence, or was something more sinister afoot?
The previous year in October, the Pentagon simulated a commercial plane striking the Pentagon, coordinated by its Command Emergency Response Team and the Defense Protective Services Police. This and the 9/11 exercises are more than coincidental, given what’s now known and the fallout.
(4) On June 30, 2007, a Jeep Cherokee with propane canisters crashed into Glasgow International Airport’s glass doors, the BBC reporting that it “was in the middle of the doorway burning….The car didn’t actually explode. There were a few pops and bangs which presumably was the petrol.”
The usual suspects were blamed, Al Qaeda and Islamic terrorists, Prime Minister Gordon Brown saying:
“We are dealing, in general terms, with people who are associated with Al Qaeda,” followed by his initiating draconian security measures, hyped by the UK Telegraph saying:
An “unknown Al Qaeda terrorist cell (was) thought to be preparing to launch a series of Baghdad-style car bombings.” Another Telegraph article mentioned Washington’s involvement with UK authorities in hyping the threat, and an ABC News report suggested foreknowledge of the incident based on advance warnings (by unnamed intelligence officials) of Al Qaeda “target(ing) nightclubs and other soft targets….All of this comes just three weeks after what was described as an Al Qaeda graduation ceremony for suicide bombers at a training camp in Pakistan.”
Fear mongering and false flags? Draw your own conclusions, understanding the need to stoke fear to keep public support for the “war on terror,” the loss of civil liberties for “security,” the Afghan and Iraq wars, and whatever else may be planned.
(5) the Christmas 2009 airliner incident involving Umar Farouk Abdulmutallab, a Nigerian citizen on an Amsterdam – Detroit bound flight. US officials claimed he was trained in Yemen by Al Qaeda, obtained explosive chemicals (PETN), and tried to detonate them on board.
In a December 29 Russia Today interview, Webster Tarpley called him a “protected (CIA) patsy (for a) provocation designed to facilitate US meddling in (Yemen’s) civil war (pitting) the Saudi-backed central government against the Iranian-backed Shiite Houthi rebels,” being bombed by US and Saudi air strikes.
Abdulmutallab was denied a UK entrance visa, wasn’t on a No Fly List, paid cash for a one-way ticket to Detroit, checked no luggage, had a US visa but no passport, and was helped on board by a “well-dressed Indian” to facilitate the likely false flag plot using him as a convenient dupe.
The Wayne Madsen Report called the incident a false flag operation “carried out by (the) intelligence tripartite grouping of CIA, Mossad, and India’s Research Analysis Wing (RAW).” Earlier they conspired with “former Afghan KHAD intelligence agents to assassinate former Pakistani Prime Minister Benezir Bhutto….to destabilize Pakistan” for planned balkanization, the same scheme planned for Afghanistan and already implemented in Iraq.
Madsen explained that Abdulmutallab’s PETN was “weak, technically deficient,” failed to go off properly, and if so would have had the impact of an exploding fire cracker.
Madsen also reported that the same tripartite CIA, Mossad, and RAW alliance was behind the November 2008 Mumbai, India attacks, killing nearly 200 and wounding hundreds more. Webster Tarpley said almost for certain Pakistan’s ISI radical wing was involved, and that Indian and Mossad operatives conduct regular cross-border missions into Pakistan from India and Afghanistan.
(6) Make of it what you will, but in Miami on January 11, 2010 (one day before Haiti’s earthquake), the Pentagon’s US Southern Command (SOUTHCOM) simulated a hurricane striking Haiti in preparation for subsequent measures to be implemented, that, in fact, would be a carefully planned military operation for occupation, control, and planned plunder.
Also, Deputy SOUTHCOM head, General PK Keen, was in Haiti when the quake struck, ready to assume command when it did and use a communication tool called the Transnational Information Sharing Cooperation project (TISC), linking other nations and NGOs with the Pentagon and US government to facilitate measures to be implemented, none to help Haitians.
As long as imperial ambitions and rogue agencies like CIA and their foreign counterparts exist, false flag operations will be commonplace, the May 1 New York one the latest example, and maybe a forerunner of what’s to come – another 9/11 some believe, far worse than the first one, perhaps involving a nuclear incident in a US city. Then using it as a pretext for more war and to divert attention from America’s deepening economic crisis, likely to erupt in protests because of Washington’s indifference to millions affected.
Whether or not the direst predictions occur will only be known in the fullness of time. In the meantime, stay tuned for more updates as events unfold, and be prepared for the worst.
Stephen Lendman lives in Chicago and can be reached at •••@••.•••. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.
posted by Steve Lendman @ 3:03 AM
Tuesday, May 04, 2010
Soldier Committed Violence Against Palestinian Detainees
Soldier Committed Violence and Abuse Against Palestinian Detainees – by Stephen Lendman
The Public Committee Against Torture in Israel (PACTI – stoptorture.org) calls “torture and ill treatment of any kind….incompatible with” moral democratic values. It “advocates for all persons” in Israel and Occupied Palestine to protect them from abusive treatment of all kinds.
In June 2008, its report titled, “No Defense: Soldier Violence against Palestinian Detainees” is just as relevant today, perhaps more so given Israel’s intensified violence and abuse in Gaza and the West Bank in the past year.
PACTI interviewed detainees and participating soldiers, included media reports, IDF provided information, and comments of political figures regarding these practices.
Observed was a phenomenon dating back decades, and, of course, remains ongoing today. Hence, the report’s relevance and need to discuss it. Especially since September 2000 (the beginning of the second Intifada), “the number of arrests has been unprecedented. Thousands of Palestinians are arrested each year….and are executed by a large number of combat units in the Israeli military.”
Violent arrests followed by torture and ill treatment are commonplace. For decades, Israeli soldiers have abused Palestinian detainees “on a routine basis.” Recognizing and exposing it is key to stopping it.
Ill Treatment in Arrests
Force is routinely used even for those posing no threat. It begins during and after arrests, in transit, and at military bases and installations, prior to being transfered to a detention facility.
Detainees are beaten, blindfolded, and painfully shackled for hours, a practice often causing permanent injury. In response to PACTI requests, an IDF spokesperson cited no regulations, guidelines, procedures, or orders relating to the process. Order 9810, not applicable to all arrest stages, merely says:
“only metal shackles are to be used (and) tightening (them) should be undertaken in such a manner as to prevent injury to the detainee (particularly to blood vessels).”
As a result, abuses occur routinely, including violence and threats. Typical are severe beatings while shackled and blindfolded, enough to cause serious injuries. They begin at arrest and continue during transport with detainees forced to sit, lie, or be thrown on vehicle floors.
Soldiers commonly put their feet on detainee bodies and/or heads, creating enough friction to cause abrasions and injuries. Commanders are there to observe it.
Before imprisonment, detainees are often held in makeshift detention facilities on military bases where abuse continues. One prisoner said he was taken to a concrete yard, handcuffed to a concrete pole, made to sit on the ground, and be beaten on the face every 30 or 60 minutes.
Abuse, ill treatment, and humiliation continue through each stage of the process. For Nidal Shataya, it was especially egregious as he explained:
“….After the soldiers searched the house and the entire building, they arrested me and my brothers….They put us into a military jeep using force and violence and shoves. They shouted at us and cursed us….They put us on the floor of the jeep, handcuffed and blindfolded. (They) were taking us to Hawara base to the south of Nablus, where we were interrogated by Intelligence officers….The soldiers beat us while we were waiting in the outer yard. Every soldier that walked past would beat and curse us. We were not allowed to lean or to sleep.
At the Hawara military checkpoint….they put us on the floor in a small, dirty room next to the checkpoint. The soldiers handcuffed us very tightly and blindfolded us. My hands and eyes hurt a lot and we could not…stand this situation any longer….
Then the soldiers came and started to beat us with their army boots and their weapons. The beatings were repeated three times,” at first for about 15 minutes, the second the same time, and the third for over 10 minutes, “continuously and without any interruption….Then the Israeli soldiers dragged and pulled us along the road to the other side of the checkpoint….and threw us on the road there. There were taxi drivers there who called for an ambulance and they took us to the hospital, almost unconscious….”
Use of Dogs
After September 2000, their use increased – at checkpoints, on military bases, and accompanying soldiers, especially during arrests. According to one soldier:
“Today, the dogs in the unit are trained for one of five capabilities: Assault, identification of explosives, scouting, weapons and ammunitions searches, or rescue and release.”
PACTI attorney Yaara Kalmanovich wrote Israel’s Judge Advocate General saying:
“The….graver aspect is the phenomenon of deliberate ill treatment with the means of dogs. These cases….are shocking and they must be quickly and effectively eliminated. (In addition), the mere contact with the dogs may be terrifying and humiliating. According to Islam, the dog is an impure animal, and accordingly many Muslims feel humiliated and dishonored whenever a dog is close to their person or touches them….The soldiers should be required to keep the dogs in such a manner that they will not come into contact with the detainees whenever there is no tangible operational need for this.”
In response, the military denied the allegation, stonewalled, and lied, claiming the opposite of what, in fact, happens. Soldier testimonies confirm it, saying dogs are trained and used specifically for assault and do it – not for a potential threat, but on the assumption that Palestinian detainees are offenders, whether or not true. As a result, highly aggressive dogs cause serious injuries. Unless muzzled, they present a clear and present danger, even to their handlers, and detainees report being terrified and bitten.
Soldiers treat them like adults, the Israeli penal code allowing it in defiance of the Convention on the Rights of the Child, other international laws, and Israeli law (nominally) affording minors special protection. It prohibits injuring or psychologically harming them, and obligates anyone witnessing mistreatment to report it.
International law protects all civilians from violence and threats thereof, and requires occupiers to treat them humanely, especially children.
According to Protocol I to Fourth Geneva: “Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason.”
However, soldiers exploit children’s weaknesses and regularly abuse them, at times seriously enough to require hospitalization. Like adults, they’re handcuffed, blindfolded and beaten, including with rifle butts and boots.
“Accordingly, the ill treatment of minor Palestinian detainees constitutes the most extreme manifestation of a broader phenomenon whereby the various state authorities that implement the occupation routinely treat minor detainees as adults, ignoring the legal and human obligations to ensure special safeguarding and protection for those who have not yet reached the age of eighteen.”
Military procedures make no distinction between adults and children, some as young as 12 or younger. Grave consequences thus happen regularly as part of Israel’s systematic pattern of ill treatment and abuse.
Systematic Detainee Abuse and Mistreatment
A 2007 joint B’Tselem-Hamoked Center for the Defence of the Individual report titled, “Absolute Prohibition: The Torture and Ill-Treatment of Palestinian Detainees” confirmed PACTI’s findings through victim testimonies. It said Israel disregards international law and its own throughout the arrest, transport, interrogation, and imprisonment process. Abuses range from “softening up” to torture. Common ones includes:
— “Isolation from the outside world – prohibition on meetings between detainees and their attorneys or ICRC representatives;”
— psychological pressure, including in “putrid, stifling” solitary confinement;
— sleep deprivation and inadequate and poor food;
— painfully binding hands and feet to a chair in the “shabah” position;
— other forms of torture, including severe beatings;
— threats and intimidation, including against family members;
— use of informants to extract information, whether or not true; and
— routine “cover up and whitewashing” of grievous crimes; rarely are abusive practices investigated; most are dismissed, and almost never are abusers punished.
Further, Israel’s arrest-interrogation-imprisonment process “is significantly aided by the HCJ (High Court of Justice), which serves as a rubber stamp on orders which regulate isolation” and subsequent abuse, half or more of the time causing one or more injuries, at times serious.
According to (retired) Col. Gadi Amir, part of the process is “the dehumanization of the enemy, (that he, or she, is regarded as) an object” to be treated any way we wish. As a result, “we have become jaded and phenomena that we once considered horrifying we now seem to have become accustomed to….”
Yet the IDF won’t acknowledge it, and by so doing “encourages and reinforces” abuse and degrading treatment, despite clear international and Israeli law prohibitions, binding at all times, under all circumstances, with no allowed exceptions.
Ill Treatment After Arrest Under Israeli Law
Under Israeli military law, “ill treatment” is an offense, prohibiting beating and other forms of abuse with offenders liable to three years imprisonment if charged and convicted. Under “aggravating circumstances,” it’s seven years.
Soldiers are legally responsible for detainees in their custody, and according to Israel’s Military Court of Appeals:
“The discrepancy of powers and status between the person wielding control and authority and the person lacking the ability to resist leaves the victim defenseless against the abuse of the power held by the person in authority.”
Yet the court has yet to address the minimum threshold beyond which ill treatment occurs as distinguished from the lesser offense of assault. In fact, however, abusive ill treatment happens whenever soldiers use violence or humiliating tactics against defenseless shackled, blindfolded detainees.
In all cases PACTI examined, ill treatment, assault or “assault in aggravating circumstances” occurred, in violation of articles 378 – 382 in Israel’s penal code. Other offenses are also common, including injury, battery, forcible extortion, and ill treatment of a minor. Some violate military law, others civil or both.
“In any case, however, violence by soldiers against shackled detainees is a criminal phenomenon penalized under an entire system of offenses in Israeli criminal law.”
Crime and Punishment
Despite Israeli law, military judges rarely act or go easy on offending soldiers, and compared to civil courts they’re lax, regardless of how serious the offense. Yet the Military Court of Appeals ruled that commanders are responsible for preventing detainee ill treatment, especially if he ordered the abuse.
Yet, like US military law, a soldier who disobeys an illegal order isn’t culpable. In fact, under paragraph 498 of the US Army Field Manual (FM) 27-10, any person, military or civilian, who commits a crime (even if ordered by a superior) under US or international law, is responsible for it and may be punished. It’s the same under Israeli law, but enforced under neither, except in America to charge low level recruits to absolve their commanders.
In Israel, there is “no disagreement as to the clear illegality of an order to harm persons not involved in combat, or removed, and the obligation not to obey such an order.” The standard for commanders is even higher, given their position of authority and reluctance of subordinates to disobey fearing punishment.
Failure to Enforce – Military Investigatory Bodies
Israel’s Military Justice Code establishes three interrogation authorities – an examining officer, the Military Police Investigation Unit (MIU), and an investigative judge.
They’re explicitly separate from debriefings by those involved in investigating incidents, including by commanders. Material from them is to go only to the military advocate general (MAG) or his representative. The latter then decides whether a debriefing offense was committed and if an investigation is warranted. If so, a summary of findings “shall not be transferred to a person undertaking a criminal investigation in accordance with the law.” Nor “shall it indicate suspicion against any person involved in the incident.”
An examining officer or investigative judge is charged with handling the case, the latter only if deaths are involved. The former may be a senior adjudicating military officer, another one appointed by him, or a MAG-designated military police person.
The examining officer may then hear witnesses, review evidence, and arrest suspects. He only decides whether to recommend prosecution, not order it himself. The MAG decides whether or not to proceed further. In practice, however, MIU army officers handle most ill treatment examinations, not trained lawyers familiar with the law.
The process of soldiers judging others in the ranks taints the whole process, especially the way Israel goes about it, taking care of its own. A clear conflict of interest delivers injustice.
Troublesome Forms of Investigation
They rarely happen, and when they do are effectively whitewashed, given that examining officers rely on operational debriefings supplied by the offending forces or their commanders. As a result, they’re tainted and wholly unreliable. It shows up in how few are charged, let alone convicted of serious offenses, including torture and killings.
According to Law Professor Mordechai Kremnitzer:
“….There are two problems with the operational debriefing. Firstly, the person who undertakes it is not a professional investigator, with all due respect to the military commander. (In addition), when people have acted unlawfully, they have a natural motivation not to admit this, to deny it, to tell incorrect stories, and to back up each other’s incorrect stories.”
As a result, cases are closed for “lack of evidence,” suppressed, and to absolve offenders, and it happens regularly.
Prosecutions, Convictions, and Punishment – Soldiers and Commanders
Based on IDF Spokesperson supplied figures, investigations of ill treatment rarely happen, and almost never lead to prosecutions or convictions. Out of hundreds of them launched, a mere handful of indictments followed, amounting to about two per year since September 2000. Of those, acquittals were common, and hand slaps (like 10 days imprisonment) followed convictions most often.
Also, practically never are commanders charged or prosecuted even when they issued direct orders. In rare instances, they face disciplinary hearings, in others, demotion. No senior commanders have been prosecuted for the offenses of their subordinates. In these cases, command responsibility “is an extremely restricted concept,” an alien one.
B’Tselem explained that many complaints are closed “due to various defects during the processing of the case. (For example), months pass between the submission of the complaint and the transfer of the case to the MIU for investigation….The conclusion from all this is that the system does not attach the necessary importance to investigating cases of violence by security force personnel against Palestinian residents and ensuring that justice is meted out to those responsible. This conveys a lenient message to those in the field that such actions are not regarded as severe.”
Even after beginning, investigations can drag out for months, so long, in fact, that those involved often complete their military service and leave.
Further, as long as the IDF investigates and prosecutes its own, justice is virtually impossible, unlike in civil courts. A possible solution is ending military involvement, so far not considered. Yet Human Rights Watch suggested that:
“a consensus is emerging in international law that military personnel should not be tried in military courts in cases when the victims are civilians, and that military jurisdiction systems should relate solely to offenses of a clearly military nature.”
In December 2007, Yediot Ahronoth, Israel’s most widely circulated newspaper, published a survey showing widespread soldier abuse during inspections at checkpoints alone. According to one soldier interviewed:
“When you deny thousands of people a day freedom of movement, it is impossible to do it in a nice way.”
Yet the security establishment denies it and claims abuses there are exceptions, localized, and unusual, and military courts often quote a ruling declaring that “the basic rules of human morality and human dignity guide the Israel Defense Force,” despite clear evidence of the opposite – “inconsistent with the testimonies and reports from the field, which leave no doubt that the phenomenon (is) widespread.”
Steps for change include ending denial, exposing falsified evidence, obeying the law, and holding abusers accountable. Yet “the military does not make proper preparations for arrest operations; refrains from imposing responsibility on commanders for the ill treatment of detainees; and is extremely disinclined to launch investigations (to) indict soldiers suspected of abusing Palestinian detainees.”
Civilian authorities are part of the coverup and denial, the Defense Ministry ignoring abuse and holding no one accountable. Crimes against Palestinians “are not considered worthy of….attention.” The topic is unaddressed in the Knesset.
“A review of Knesset Protocols (from) January 2006 through April 2008 reveal(ed) that no discussions took place in the plenum of the Knesset regarding the ill treatment by soldiers of Palestinians in general, or Palestinians in particular.”
In addition, no legislative action occurred, and the Knesset Foreign Affairs and Defense Committee, in charge of supervising the defense system, “failed abysmally to protect the public interest when it comes to ensuring the rule of law in the actions of the executive branch in the Territories.” They deliberately ignored the issue, even during the height of the Intifada.
PACTI concluded saying:
“We hope that this report will encourage the Knesset Constitution, Law, and Justice Committee to address the phenomenon of ill treatment of Palestinian detainees by soldiers as part of the responsibility the committee has accepted for scrutinizing, inspecting, and encouraging change on behalf of the public in matters relating to human rights violations in the Occupied Territories.”
A Final Comment
To date, the Knesset hasn’t acted, and, in fact, performed worse, the Mossawa Advocacy Center and Coalition Against Racism calling the current body the most racist in Israeli history in a 2010 report – Mossawa saying “almost every day” another Israeli Arab is victimized by racist acts, 100s in various categories confirmed by media and police reports.
In the Territories, Gaza remains under siege, and West Bank and East Jerusalem Palestinians endure daily neighborhood incursions, loss of homes, frequent arrests, killings, various other assaults, and violations of their dignity, civil and human rights on streets, at work, in their homes, and in detention.
On April 27, the Palestinian Centre for Human Rights (PCHR) reported the killing of Ali Isma’el Ali Swaiti in Beit ‘Awwa, his home demolished on top of him. PCHR condemned the crime, calling it an extrajudicial execution in charging politicians and commanders with war crimes.
On April 28, PCHR condemned Fatah’s General Intelligence Service (working collaboratively with Israel) for harassing and arresting Palestinian writers Muhannad Salahat and Walid al-Hodali to prevent their free expression right to document West Bank crimes against innocent civilians.
Outlandish abuses happen daily, endorsed by IDF commanders, MKs, and the fascist Netanyahu government, as extremist and morally decadent as any in Israeli history. As a result, Palestinians suffer grievously, including in detention where torture remains official Israeli policy.
Stephen Lendman lives in Chicago and can be reached at •••@••.•••. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.