Investigation Begins Into Alleged Use of Phosphorus Shells by Israel

Investigation Begins Into Alleged Use of Phosphorus Shells by Israel

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – Israel announced on January 21 that the Israeli Defense Force (IDF) would begin an investigation into the alleged illegal uses of phosphorus shells in Gaza.  The Israeli army states that its use of weapons during the Gaza offensive was completely legal, however, until recently refused to specify which weapons had been used.

International law forbids the use of indiscriminate weapons, or weapons that unnecessarily harm civilians.  White phosphorus sticks to human skin and will continue to burn through the skin to the bone. killing most exposed to it.  Although the use of phosphorus shells is allowable under international law, it is only permitted for specific uses, such as lighting up an area at night, or creating a smoke screen to mask troops.  The use of white phosphorus in civilian areas is prohibited by the Geneva Conventions. 

Amnesty International and Human Rights Watch have both accused Israel of using white phosphorus in densely populated civilian areas in Gaza.  Human Rights Watch reported on January 10 that Israel appeared to be using white phosphorus to hide military operations in Gaza, however the shells were being detonated in or near densely populated areas causing many civilian casualties.  Amnesty International claims that Israel’s use of phosphorus in such an indiscriminate manner constitutes a war crime.

Medical reports coming from Gaza seem to support the claims that many civilians were exposed to the deadly chemical.  A surgeon at the Shifa hospital claimed that he treated many patients with burns unlike those he had ever seen.  He said he had already lost 60 to 70 patients due to severe burns and related injuries and that he had also been losing patients with relatively small burn injuries unexpectedly.  The wounds were consistent with phosphorus exposure.

At first, Israel denied all use of phosphorus weaponry.  However, it acknowledged on January 20 that it had used phosphorus shells, claiming that all use during the offense was allowable under international law.  Israeli media sources have claimed that approximately 200 shells were fired, but that they were mostly fired over orchards where gunmen and rocket launchers were known to be hiding.

For more information, please see:

Associated Press – Israel Will Investigate Use of Phosphorus Shells – 21 January 2009

BBC – Israel to Probe Phosphorus Claims – 21 January 2009

International Herald Tribune – Israeli Use of Phosphorus Shells Under Investigation – 21 January 2009

The National – Israel Accused of Phosphorus Use – 21 January 2009

Times Online – Israel ‘Admits’ Using White Phosphorus Munitions – 21 January 2009

Amnesty International – Amnesty International Team Reports From the Rubble of Gaza – 20 January 2009

BBC – New Israel Phosphorus Accusation – 20 January 2009

The Guardian – Gaza Doctors Struggle to Treat Deadly Burns Consistent with White Phosphorus – 20 January 2009

Reuters – Amnesty Accuses Israel of Crimes Over White Phosphorus – 19 January 2009

Human Rights Watch – Israel: Stop Unlawful Use of White Phosphorus in Gaza – 10 January 2009

International Writers Called for Liu Xiaobo’s Release

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – An international writers’ organization has called on the Chinese government to release dissident Liu Xiaobo.  More than 300 writers, including Salman Rushdie, Margaret Atwood, Chinese novelists Ha Jin and Jung Chang, signed the call for Liu’s release, writers group International PEN said.

Liu was arrested last month after he issued an online petition called Charter 08. Around 300 Chinese dissidents and intellectuals signed the text.  Despite censors repeatedly removing references to the charter from websites, supporters say that 7,000 more have added their names.  Charter 08 called for greater rights for Chinese, direct elections and political and fiscal reforms.

Since the issue of Charter 08, Chinese authority constantly harassed some of the Charter signatories.  But Liu is the only signatory to have been detained for an extended period.  Police appear to believe that he took a lead in drafting the document. Others say they have been questioned repeatedly regarding the Charter and Liu’s role in its preparation.

Under Chinese laws, Liu Xiaobo could be held under “residential surveillance” for a maximum of six months.  He is not allowed to leave his residence or meet people without prior police approval during this time.  The Chinese authority has not yet made public any information concerning the charges against him.

Liu was not allowed to meet his lawyer or family, except during the New Year’s Day lunch (with his wife and two police officers).  “He was unshaven, and to me he looked a little thinner,” Liu’s wife, Liu Xia, said. “We could only really discuss family matters during lunch.”  He does not have the right of access to a judge to challenge the grounds of his detention, unless his detention exceeds the six-month limit.

“The use of such detention without formal arrest or charge against peaceful activists is arbitrary and in violation of international human rights standards, including the rights to liberty, security of person and fair trial,” said Roseann Rife, Deputy Director of Amnesty International’s Asia Pacific Programme.

For more information, please see:

Amnesty International – China urged to release scholar Liu Xiaobo from ‘residential surveillance’ – 07 January 2009

Guardian – Authors lobby for Chinese dissident’s release – 21 January 2009

BBC – Authors urge Liu Xiaobo release – 21 January 2009

Reuters – Writers call for China dissident’s release – 21 January 2009

Olympics Protester Ji Sizun Jailed for Three Years

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – Ji Sizun, a 58 years-old grassroots legal activist from Fujian province, has been sentenced to three years in prison.  He was charged for making fake official government seals and forging official documents in 2006.  Last year, Ji traveled to Beijing from the southern province of Fujian. He wanted to call for greater participation of Chinese citizens in the political process and denounce rampant official corruption.  He applied for a permit to hold a protest against corruption in one of Beijing’s three official “protest zones” designated for public use during the Beijing Olympic Games.  When he returned to check on his application three days later, he disappeared, human rights groups said.  Eyewitnesses said Ji was escorted out of the building and put into a car by several men who appeared to be plainclothes police officers.

Ji’s lawyer Huang Qiang says, “For charges of making fake official government seals and forging official documents, three years is the heaviest punishment.”  However, Huang refused to say if the sentence was linked to Ji’s attempt to demonstrate during the Beijing Olympic Games. Huang said he did not know about Ji’s activities during the games.

Ji’s action was a respond to an announcement made by Liu Shaowu, the Beijing Organizing Committee for the Olympic Games (BOCOG) security director on July 23, 2008.   The announcement stated “people or protesters who want to express their personal opinions can go to do so” in line with “common practice in other countries.”  Over the following week, 77 applications were filed.  Citizens who applied were either detained by authorities or blocked by complicated application procedures.  In one instance, two women in their 70s were ordered to spend a year in a labor camp after applying, but authorities later reversed their decision.

Human Rights Watch called for immediately exonerate and release of Ji. Human Rights Watch said that Ji’s conviction is part of a broader campaign against dissent and perceived threats to the Chinese Communist Party’s one-party rule linked to official concerns about possible unrest in 2009.   Sophine Richardson, Asia advocacy director at Human Rights Watch, says, “Ji Sizun’s conviction is just the latest betrayal of the Chinese government’s promises that the Beijing Olympics would foster greater development of human rights in China.”

For more information, please see:

AP – Would-be Olympics protester sentenced to prison – 16 January 2009

Guardian – China Olympics protester jailed on forgery charges -16 January 2009

Human Rights Watch – China: Would-Be Olympics Protester Ji Sizun Jailed – 16 January 2009

Israel and Hamas Declare Ceasefire

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

GAZA CITY, Gaza – On January 18, Hamas announced an immediate ceasefire by its militants and allies.  The ceasefire was announced by Hamas’ deputy chief in Syria, Moussa Abou Marzouk.  In addition to immediate withdrawal of Israeli troops from Gaza, Hamas also demanded, “the opening of all the crossings for the entry of humanitarian aid, food and other necessities.”

Hamas’ statement followed Israel’s declaration of a unilateral ceasefire on January 17.  On January 18, Israeli Prime Minister Olmert clarified Israel’s conditions of the ceasefire.  “If the firing continues, the IDF is prepared. We’ll know how to act without hesitations as required… The ceasefire decision leaves Israel with the freedom of power to respond and resume its military activities should the terror organizations continue firing… The ceasefire is fragile and must be examined minute after minute, hour after hour.”

In announcing the ceasefire, Olmert said that Israel has achieved its goals and that Hamas had been defeated – Hamas was badly damaged both militarily and in terms of government infrastructure; rocket factories and dozens of smuggling tunnels had been destroyed.  The success of the ceasefire depended on Hamas and Israeli troops would remain in Gaza for the time being.  According to Olmert, if Hamas held fire, the military would “consider pulling out of Gaza at a time that befits us.”

Following the announcement of the ceasefire, Israel rebuffed international calls for a timetable for withdrawal.  “We can’t talk about a timetable for withdrawal until we know the ceasefire is holding,” said Mark Regev, spokesman for Prime Minister Ehud Olmert.  “If Hamas entirely ends its rocket fire on Israel, Israel will consider an IDF withdrawal from the Gaza Strip,” Olmert declared.  However, if that did not occur, he added, “The IDF will continue to operate in order to protect our citizens.”

The Israeli ceasefire went into effect at 2 am on January 18.  Israeli military kept up its assaults during the hours leading up to the ceasefire, and carried out more than 50 air raids overnight.  In addition, Israeli drones and helicopters were heard throughout the night and Gaza residents report that they heard troops and tanks in the streets.  Thus, despite the ceasefire going into effect, many Palestinians fear that fighting may resume at any moment.

While Israel claims that Operation Cast Lead diminished Hamas’ capability to launch rocket attacks from Gaza, in the 24 hours leading to the ceasefire, over 30 rockets and mortar rounds were fired into Israel from Gaza.  In addition, the ceasefire was subjected to an early test, with several rockets fired from Gaza into southern Israel.  Israeli military responded with retaliatory air strikes. 

In addition, at least one Palestinian has been killed since the ceasefire went into effect.  Palestinian medics report that a 20-year-old man was shot near the southern town of Khan Yunis.  According to witnesses, the young man was a farmer checking on his farm.  Israeli army report that the young man was shot because he was approaching lands that the Israeli ground troops occupied.

Since the beginning of Operation Cast Lead, it is estimated that 1,203 Palestinians have been killed and over 5,000 injured.  It is estimated that nearly 400 of those killed were children and 100 were women.  Estimates are expected to increase as the ceasefire allows Palestinian medics and rescue teams to begin searching for bodies.

For more information, please see:

AFP – Dozens of Bodies Found in Gaza Rubble as Truce Punctured – 18 January 2009

Al Jazeera – Clashes Follow Israeli “Cessation” – 18 January 2009

BBC – Hamas Announces Ceasefire in Gaza – 18 January 2009

BBC – Israel Declares Ceasefire in Gaza – 18 January 2009

Guardian – Analysis: Israeli Ceasefire Offers Respite, But Little Has Changed – 18 January 2009

Ha’aretz – Hamas Announces Cease-fire in Gaza, Gives IDF Week to Leave – 18 January 2009

Ha’aretz – Israel: No Timetable for IDF Gaza Exits Until Militants Halt Attacks – 18 January 2009 l

Xinhua – First Palestinian Shot Dead After Israel’s Unilateral Ceasefire – 18 January 2009

Yedioth – Olmert: If Shooting Continues, We’ll Respond – 18 January 2009

CNMI Lieutenant Governor Charged with Bribery

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

SAIPAN, Commonwealth of the Northern Mariana Islands – The United States has charged CNMI Lieutenant Governor, Timothy Villagomez, with allegedly accepting bribes as part of a plan to cheat the government out of thousands of dollars.

Lieutenant Governor Villagomez is charged along with two co-defendants, James and Joaquina Santos. The Santoses allegedly offered Mr. Villagomez $15,000 in exchange for the government purchase of a cleaning chemical called Rydlyme.

The couple’s plan was reportedly to cheat the government by facilitating needless business deals like the purchase of Rydlyme for the Commonwealth Utilities Corporation.

Meanwhile, the CUC executive director, Anthony Guerrero, is currently charged with wire fraud, conspiracy, and theft of federal funds.

Unlike Guerrero, who entered a guilty plea agreement, the Santos have pled not guilty.

For more information, please see:
Radio New Zealand International – New bribery charge against Lieutenant Governor in CNMI – 18 January 2009

Pacific Daily News – New Charges in CNMI Case – 16 January 2009