By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

JERUSALEM, Israel – On March 3, Israeli Defense Forces (IDF) withdrew its ground troops from Gaza.  However, Israeli soldiers remained close to Gazan border and a senior Israeli official was quoted as saying there would be a two-day interval in the combat during the visit of the US Secretary of State, Condoleezza Rice.  While Hamas claimed victory over Israel, Prime Minister Olmert stated that the operation in Gaza was not over and that Israel remains “in the midst of a combat action.”

On March 4, the US Secretary of State will visit the region to encourage peace talks between Israeli Prime Minister Olmert and Palestinian President Abbas.  However, on March 2, Abbas stated that he withdrew from the talks in protest to the Israeli operations in Gaza.  Abbas’s statements on March 3 seem to suggest that he is willing to mediate cease-fire talks between Israel and Hamas.

The withdrawal marked the end of a six day operation, beginning on February 27.  According to B’Tselem, an Israeli human rights organization, the operation resulted in the deaths of 106 Palestinians and 3 Israelis.  The Israeli chief of staff’s states that 90 percent of Palestinians killed were militants.  However, B’Tselem reports that 54 Palestinians killed did not take part in the hostilities.  Of those 54 Palestinians, B’Tselem states that 25 were minors.  Of the Israeli deaths, one was a civilian, killed by a rocket in Sderot, and two were soldiers.

Both B’Tselem and Amnesty International raised concerns that the Israeli military “used excessive and disproportionate force” and that it failed to discriminate between combatants and civilians.  Malcolm Smart, director of Amnesty International’s Middle East and North Africa Programme, stated that the strikes went “beyond lawful measures which Israeli forces may take in response to rocket attacks by Palestinian armed groups.”  B’Tselem wrote if the strikes used indiscriminate and disproportionate force, they “may constitute a breach of the laws of war.”

Following the withdrawal of Israel’s ground troops, Defense Minister Ehud Barak met with a team of legal experts to discuss the legality of alternative methods to respond to the Palestinian rocket fire.  The meeting included Justice Minister Daniel Friedmann, Attorney-General Menahem Mazuz, IDF Military Advocate General Brig.-Gen. Avichai Mandelblit, Deputy Attorney-General Shai Nitzan and the members of the Defense Ministry’s Legal Adviser’s office.

One issue that Israel faces when responding the rocket threat from Gaza is that many times the rockets are fired from civilian homes or heavily residential areas.  According to Yedioth News, it is Israel’s policy not to target Gaza’s densely populated areas and this policy is a weak point in stopping the barrage of rockets.  The purpose of the Barak’s meeting was to pose several different options in addressing the rocket threat and to hear the expert’s opinion on their legality.

Some options that were suggested include:

• Use of artillery fire targeting rocket launching cells in densely populated areas.  However, artillery fire was used in the past and its practice greatly decreased following several incidences where civilians were killed.
• A series of alerts aimed at areas used for rocket fire to warn civilians to evacuate the area.  Only after the warnings are issued may live fire be used to target buildings where rockets are launched.
• Simply destroying, usually by bulldozer, buildings used by militants groups to launch rockets.
• Power cuts to Gaza and the restriction of fuel supply.

Barak stated that while its methods may be limited by legal constraints, Israel must find a way to respond to the rocket strikes.

There are differing views as to who bears the responsibility for the civilian causalities.  Israel’s Foreign Ministry placed the blame on Hamas.  It claimed that “the deliberate placing of military targets in the heart of civilian areas is a serious violation of humanitarian law, and those who chose to locate such targets in these areas must bear responsibility for the injury to civilians which the decision engenders.”

However, others argue that despite the fact that the enemy may violate the laws of armed conflict and target civilians this does not mean that Israel is no longer obligated to refrain from causing deliberate or disproportional harm to civilians.  Amnesty International stated that no party should attack civilians; however, “unlawful attacks by one side cannot justify violations by the other.”

For more information, please see:
The Guardian – Olmert Warns of More Fighting Soon as Israel Pulls Troops out of Gaza – 4 March 2008

Ha’aretz – Barak Seeks Legal Okay to Move Gazan Civilians from Homes – 4 March 2008

Ha’aretz – Rights Group: Close to Half of Palestinians Fatalities in IDF Operation were Civilians – 4 March 2008

Wall Street Journal – Israeli Troops Withdraw from Gaza as Leaders Face Difficult Decisions -4 March 2008

Amnesty International – Children and Civilian Bystanders in Gaza Death Toll – 3 March 2008

Jerusalem Post – Barak Checks Legality of Options Against Rocket Fire – 3 March 2008

Yedioth News – Defense, Legal Experts Debate Legality of Strikes in Populated Areas – 3 March 2008

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

YEREVAN, Armenia – On March 1, Armenian President Robert Kocharyan declared a state of emergency.  This declaration followed clashes between state police and protesters in Yerevan, Armenia’s capital.  The Armenian Health Ministry reported that the violence left eight individuals dead and 131 people, including 57 police officers, injured.

Protesters began to gather in the capital on February 20, to demonstrate against what they claim to be “rigged” elections.  The February 19 presidential elections resulted in Prime Minister Serzh Sarkisian winning a 53% majority to the opposition candidate Levon Ter-Petrosian’s 21.5%.  For ten days, protesters engaged in peaceful demonstrations, which consisted of mostly marches and slogan chanting.  By March 1, over 15,000 people had gathered in Yerevan to protest the election results.

The opposition and protesters claim that the government rigged the election in favor of Sarkisian, a close ally of Kocharyan, the current president.  While most media report that election observers from the Organization for Security and Cooperation in Europe (OSCE) claimed that the elections were “mostly democratic,” the New York Times writes otherwise.

According to the New York Times, OSCE observers concluded that 16% of the count was “bad” or “very bad.”  They state that in one recount, a Western observer opened an envelope supposedly containing ballots for Sarkisian; however, the top ballot was marked for Ter-Petrosian.  Also, there are claims that votes were bought and that television coverage, which is mostly state run, was “embarrassingly skewed.”

On March 1, protesters and state police clashed in the capital; resulting in President Kocharyan declaring a state of emergency.  The source of the violence is disputed.  According to Reuters, Kocharyan accused demonstrators of firing weapons and grenades and planning a coup.  However, the opposition states that weapons were planted near the demonstrators’ camp, that the police used force to disperse the opposition supporters, and that the violence escalated after a protester was killed by the police.

Human Rights Watch (HRW) and Louise Arbour, the UN High Commissioner for Human Rights, both expressed concern over the lethal force used by the state’s police and military against the demonstrators.  HRW called for an immediate investigation of whether lethal force was used in accordance to international law.

The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials limits the use of lethal force to the minimum extent necessary.  This means that lethal force may be used only when less extreme means are insufficient to protect lives.

The state of emergency is in effect until March 20.  During this period all public gatherings are banned and a media blackout is imposed.

For more information, please see:
ArmenPress – Parliament Confirms State of Emergency, Health Authorities Confirm Death of 8 People Killed in Clashes – 2 March 2008

BBC – Eight Killed in Armenia Protests – 2 March 2008

Human Rights Watch – Armenia: Civilians Die as Police Suppress Demonstrations and Riots – 2 March 2008

The Independent – Riots over Vote Force State of Emergency in Armenia – 2 March 2008

International Herald Tribune – Armenia Clamps Down after Post-Election Violence – 2 March 2008

New York Times – Protesters and Police Clash as Armenia Unrest Grows – 2 March 2008

Reuters – Eight Killed in Armenia Protests, OSCE Sent – 2 March 2008

UN News Centre – Deadly Post-Election Protests in Armenia Concern UN Human Rights Chief – 2 March 2008

GAZA CITY, Gaza – UN Secretary General Ban Ki-moon has called on Israel and Palestinian militants in the Gaza Strip to halt the violence that has escalated over the past few days. Troops killed at least 96 people over four days, with more than 60 people dead on Saturday alone – one third of those killed estimated to be children.

Addressing an emergency session of the Security Council in New York on Sunday, Ban condemned Israel’s “excessive” use of force and called Palestinian rocket attacks on Israel “acts of terrorism.” Ban said: “While recognizing Israel’s right to defend itself, I condemn the disproportionate and excessive use of force that has killed and injured so many civilians, including children.” Ban also condemned Palestinian rocket attacks that triggered one of the bloodiest days in Gaza since Israel withdrew in 2005. “I condemn Palestinian rocket attacks and call for the immediate cessation of such acts of terrorism,” he said.

Although members of the Security Council are currently discussing a draft resolution regarding the conflict in Gaza, its completion will likely take more than a few days. Libyan delegation representing the Palestinians has put forward a draft, but it is expected to be rejected because the resolution condemns Israel’s killing of civilians without mentioning the Palestinian rocket fire. Meanwhile, US Secretary of State Condoleezza Rice is due to meet Palestinian President Mahmoud Abbas and Israeli Prime Minister Ehud Olmert this week to try to revive peace talks.

For more information, please see:

Al Jazeera – UN chief deplores Gaza assault – 2 March 2008

BBC News – UN chief condemns Gaza violence – 2 March 2008

Voice of America – UN Security Council condemns violence in Gaza – 2 March 2008

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

GAZA CITY, Gaza –On February 29, the violence between the Israeli military and Gazan militants continued to escalate.  According to the BBC, 32 Palestinians were killed in night raids conducted on February 29 and early morning raids on March 1.  Yedioth News reports that “seven children, three women, two unarmed men and 20 gunmen… were killed in the IDF operation Saturday (March 1).”

The March 1 IDF operation targeted militants in the Jabaliya refugee camp.  Two children, a sister and brother, were killed when the Jabaliya refugee camp was struck.  Also, a father and his 19-year-old son, died in an air strike outside their home.  Later, two teenaged sisters were killed.  The Israeli military reports that five IDF soldiers were “lightly wounded” in the operation.

On February 29, one year old Malak al-Kafarna died of injuries sustained after a missile landed near her home in Beit Hanoun.  Hamas claims that her death was caused by an an Israeli surface-to-surface missile, which injured four other civilians.  However, Reuters reports that residents in the area state that “improvised rockets fired by militants at Israel have fallen short and landed inside Palestinian territory.”  This seems to suggest that Kafarna’s death was caused by Palestinian rocket fire.

Despite the increase in Israeli operations in Gaza, militants continue to launch rockets at Israel.  According to the Times, militants have fired nearly 130 rockets into Israel since February 26, when the violence between Israel and Gaza began to escalate.

Several of the rockets fired landed in Ashkelon, a large city located about 20km north of Gaza.  While Ashkelon is occasionally a target of the longer-range rockets, never has so many rockets been fired at it in one day.  One rocket struck a housing complex and another landed near a school and injured a student.

Following the rocket attacks on February 28, Israel’s Deputy Defense Minister, Matan Vilnai, stated that “the more Qassam fire intensifies and the rockets reach a longer range, they (the Palestinians) will bring upon themselves a bigger holocaust because we will use all our might to defend ourselves.”  In this statement, Vilnai used the Hebrew word “shoah”, which is generally restricted to describe the Nazi genocide against European Jews during World War II.

Israeli officials acted quickly to clarify Vilnai’s use of the word “shoah” and its connection with the Holocaust.  Eytan Guinsburg,Vilnai’s spokesperson, commented that “the minister used the Hebrew term ‘shoah’ which means ‘catastrophe’ and in this context does not refer to the ‘the Shoah’ – the Holocaust.”  Also, Israel’s foreign ministry spokesman, Arye Mekel, said that “Deputy Defense Minister Matan Vilnai used the Hebrew phrase that included the term ‘shoah’ in the sense of a disaster or a catastrophe, and not in the sense of a holocaust.”

However, Israeli Defense Minister Ehud Barak supported the underlying theme of Vilnai’s statement and stated that Israel is close to launching a full scale offensive in Gaza.  During a closed-door meeting on February 28, it is reported that Barak said that a “major ground operation is real and tangible. We are not afraid of it.”  In addition, Israeli defense officials said that preparations for a large-scale ground offensive to storm Gaza are complete.

While there is support for a large scale operation into Gaza, many Israelis fear that such an operation will lead to Israel being dragged back into a “costly, long-term military occupation of Gaza.  Also, in 2006, Israel received international criticism for an offensive operation into Gaza that resulted in hundreds of civilian deaths.  The five month incursion also failed to stop the rocket fire from Gaza.

Palestinians, both from Hamas and Fatah, condemn Israel’s recent actions.  Thousands of Palestinians throughout Gaza demonstrated against the recent air strikes.  In a rally by the Jabaliya refugee camp, a child in funeral shroud held a sign that read “They’ve killed my right to childhood.”

On February 29, former Palestinian Prime Minister Ismail Haniya, spoke after afternoon prayers at a mosque in Gaza City.  He told worshippers that “Gaza today faces a real war, a crazy war led by the enemy against our people.”

In addition, Nabil Abu Rdainah, a spokesman for Mahmoud Abbas, stated that Israel’s military actions “meant only one thing: the Israeli government … aims to destroy the peace process.”  Israeli Arab Knesset members called on Abbas to cease the peace talks with Israeli Prime Minister Olmert in order to create a political crisis.

US Secretary of State Condoleezza Rice is scheduled to visit the Middle East next week to support the peace talks between Abbas and Olmert.

For more information, please see:
Associated Press – Israel Warns of Disaster in Gaza – 1 March 2008

BBC – New Israeli Raids on Gaza Kill 32 – 1 March 2008

The Guardian – Israeli Raids on Gaza Kill 32 – 1 March 2008

Ha’aretz – Meshal: Gaza is “Real Holocaust”; PA Threatens to Halt Peace Talks– 1 March 2008

Telegraph – Israeli Minister Vows Palestinian “Holocaust” – 1 March 2008

Times (London) – Israel Threatens to Unleash “Holocaust” in Gaza – 1 March 2008

Yedioth News – Abbas: IDF’s Gaza Operation Worse than a Holocaust – 1 March 2008 l

AFP – Thousands of Gazans Protest over Deadly Israeli Raids – 29 February 2008

Al Jazeera – Israel Warns of Gaza Invasion – 29 February 2008

Reuters – Gaza Child, Bombmaker die in Gaza Missile Strikes – 29 February 2008

By Ben Turner
Impunity Watch Reporter, Middle East

LONDON, England – In a new report, Amnesty International claims that Iran continues to harass activists working to promote women’s rights.

Kurdish Iranian activists Ronak Safarzadeh and Hana Abdi are currently detained without charge or trial and denied access to a lawyer.

According to the report, the two activists were arrested in October and November 2007 for peacefully exercising their rights.  Both were working for the Campaign for Equality, an Iranian women’s rights initiative launched in 2006.

Currently, the Campaign for Equality is attempting to gather one million Iranian national signatures for a petition demanding the end of legal gender discrimination in Iran.  The Campaign for Equality also provides legal training to volunteers who talk to women across the country about the need for reform.

The Amnesty International report said that those involved with the Campaign have been harassed and intimidated.  Dozens of women who worked with the Campaign have been arrested and the organization’s website has been blocked at least seven times.

There are several Iranian laws that discriminate against women.  According to Ann Harrison, a spokeswoman for Amnesty, women are discriminated against in the civil code and in areas of marriage and divorce.  For example, women can be married at the age of 13 or younger if the girl’s parents apply to a court.

According to Harrison, a woman’s weight of testimony in an Iranian court is worth half that of a man’s.  In addition, women are likely to receive half the amount of compensation for injuries that a man receives.  Also, women are excluded from serving in the most senior positions in the government and as judges.

The recent backlash against women’s rights may be in response to an increase in women attending the country’s higher education institutions.  Women currently outnumber men at universities and the disparity is greater at medical schools.

Recently, Iran imposed a new law instituting a gender quota for university classes.  The quota requires each class to consist of at least 30 percent men and 30 percent women, while the remainder of the spots will be determined competitively.

According to a Pakistani news organization, the Daily Times, the quota was put in place in part to prevent women from dominating the medical profession.  The quota will increase the amount of women in some fields, such as mathematics and engineering, where there are fewer female students.  But the quota will also reduce the amount of women in the medical profession.

For more information, please see: Amnesty International – Women Act Against Repression and Intimidation in Iran – 28 February 2008

Amnesty International – Iran: Persecution of Women’s Rights Campaigners Rife – New Report – 28 February 2008

BBC – Iran ‘Targeting’ Women Activists – 28 February 2008

VOA – Amnesty International Calls for Iran to End Gender Discrimination – 28 February 2008

FOX Business News – Iran Continues to Intimidate and Harass Women Human Rights Defenders According to Amnesty International – 27 February 2008

Daily Times – Iran Plans University Quotas Based on Gender – 26 February 2008

Campaign for Equality’s website: http://www.we4change.info/english/spip.php?article144