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Israel stands accused of War Crimes, says Baroness Tonge in the House of Lords
By Dr. Mozammel Haque
"There must be an independent investigation through the United Nations Security Council. Israel stands accused of war crimes, witnessed by the whole world," said Baroness Tonge at the debate on the Humanitarian situation in Gaza opened by Baroness, Lady Northover in the House of Lords on 21 January 2009.
"Indeed, Hamas was elected in Gaza, and 40 of its MPs were immediately imprisoned by the Israelis. Right now, we hear how no negotiations should occur with Hamas, although we also know that this is going on through the Egyptians. Note the viewpoint of Sir Jeremy Greenstock on the "Today" programme on 12 January in relation to Hamas: ‘This is a regime about which a lot of inaccurate statements are made, particularly by the Israeli and Washington governments. It is not beholden to Iran ... They are not trying to set up a Taliban-style government in Gaza ... They are not intent on the destruction of Israel; that is a rhetorical statement of resistance', Lady Northover said.
"I am sure that we will hear this evening how Israel should not have to put up with rockets being fired into its territories. Indeed it should not. But also hear what Sir Jeremy Greenstock says: ‘The tragedy about what is happening is that the cessation of rocket fire on Israel would have been possible if Israel had lived up to its obligations under the June ceasefire to open the crossings'.
Lady Northover said, "You look at Gaza and the West Bank. How can families get on with their lives in a crushed economy? Olive groves and vegetable gardens are simply sliced through by the wall. Farmers are cut off from their land by settlers’ roads that may not be used by Palestinians. There are checkpoints everywhere. Water is taken by the settlements, which are green and fertile, surrounded by the arid dryness of the Palestinian lands. The current situation in Gaza cannot be separated from the challenges in the West Bank and east Jerusalem."
Baroness Northover also draw the attention of the house towards the situation in Gaza saying: “Let us look at what has happened. Over 1,300 Palestinians have been killed. Of these, 412 were children. Thirteen Israelis have died, including three civilians and 10 soldiers, four of whom were killed by friendly fire. The BBC reports that 400,000 Gazans are currently without access to running water, while over 50,000 have been made homeless. It has been estimated that more than 4,000 buildings were demolished during the fighting and that it will cost more than $2 billion to repair the damage. Proportionate?” "At least three United Nations schools have been targeted, including one where 40 people were killed. Israel has been accused of committing war crimes and breaking international humanitarian law by the ICRC and Amnesty International. The international community clearly has to hold both parties accountable for human rights violations," she mentioned. Baroness Northover maintained, “To date, the quartet has failed adequately to address the causes of the conflict or successfully pursue peace. Trying to split Hamas and Fatah has been disastrous. The Palestinians need to speak with one voice. All parties should be brought into the negotiations, just as Sinn Fein, as the political wing of the IRA, was brought in. Preconditions which seem designed to thwart negotiations must be set aside. Countries in the region need to be brought in. But when Israel attacks Gaza, how can the Arab leaders answer to their own populations?"
Baroness Ramsay of Cartvale welcomed the announcement by King Abdullah of Saudi Arabia of $1 billion to help to rebuild the Gaza strip.

The Earl of Sandwich
The Earl of Sandwich said, "Like others, I am concerned about Hamas too, but I have been appalled at the callous and disproportionate targeting of civilians in Gaza. The attacks on the UN and the terrible loss of Dr. Izeldeen Abuelaish’s family could hardly be called self-defence."
"The idea that Hamas should be hiding there is preposterous. It was just a monstrous crime. War crime seems too polite a phrase for a country which is supposedly democratic and concerned for the rule of law. The rule of war is more like it. Israel has again lost support throughout the world and among many of its own citizens and friends in this country. It has flagrantly betrayed the second concept of the Balfour declaration, namely, the respect for minorities,” The Earl of Sandwich said and added, "Hamas is a popular movement and an elected party; it will never be bombed out of existence. The people have no alternative to Hamas, and this conflict can only be settled by dialogue."

Baroness Tonge
Baroness Tonge said, "My Lords, Tzipi Livni, the Israeli Foreign Minister, said that Israel would go wild in Gaza. They certainly did that, with the USA turning its usual blind eye. The UK and the European Union have behaved so feebly they were almost colluding in Israel's actions. Israel carefully excluded the press and media-evidence of guilt? But the UN, Human Rights Watch and Amnesty International all had people watching what was happening, as well as the Al-Jazeera cameras."
Baroness Tonge declared: "One charge I wish to make concerns the use of white phosphorus in residential areas, where many people were injured by this obscene material. It is a crime. The injuries sustained by burning phosphorus are horrible and the suffering is unthinkable. The Israelis also used 155mm shells in residential areas, able to do damage over a range of 300 metres. Yet, the Israelis assured us that they were accurately targeting only the areas with Hamas installations. Really? With a damage range of 300 metres? What lies. Both actions are against international law; they are war crimes. Many innocent civilians, many little children, have been killed by these obscenities."
"Will the Minister assure us, therefore, that our Government and the European Union will not be content with Israeli offers of an inquiry into the behaviour of their military?" asked Baroness Tonge.
Baroness Tonge also demanded "an independent investigation through the United Nations Security Council. Israel stands accused of war crimes, witnessed by the whole world. What hope for Israel’s long-term future now?"
Baroness Tonge added, "Mrs Pillay of the United Nations has said that the violations of international humanitarian laws may constitute war crimes, for which individual criminal responsibility may be invoked. The Secretary-General of the United Nations, Mr Ban Ki-Moon, has condemned Israel’s excessive use of force and has demanded that those responsible for shelling schools and other facilities run by the United Nations be held to account."

Lord Sheikh
Lord Sheikh said, "The use of white phosphorus shells by the Israelis against civilians, which is not allowed under the Geneva Convention, has caused horrific injuries the likes of which some doctors have not seen before."
"The International Red Cross has strongly condemned the Israelis for neglecting their international obligations and for their lack of care of the sick and wounded. In addition, the Israelis did not allow the Red Cross to provide care for the wounded. In one case, rescuers found four small children lying next to the corpses of their dead mothers. There have been other incidents, but I should like to mention one more where 100 members of an extended family were herded by the Israelis into a house which was subsequently shelled by them, killing 30 people," said Lord Sheikh.
Lord Sheikh also maintained, “Mrs Pillay of the United Nations has said that the violations of international humanitarian laws may constitute war crimes, for which individual criminal responsibility may be invoked. The Secretary-General of the United Nations, Mr Ban Ki-Moon, has condemned Israel’s excessive use of force and has demanded that those responsible for shelling schools and other facilities run by the United Nations be held to account."
Lord Sheikh then made an urgent appeal “for us to be actively involved in caring for the injured and providing them with medical care and assistance in every way possible. We should then ensure that investigations are undertaken into the violation of international humanitarian laws and that appropriate action is taken against those who are guilty, whoever they may be."

Lord Ahmed
Lord Ahmed said, “even the horrific pictures from Gaza and the terror imposed on the children of Palestine by the modern day Pharaohs of the Holy Land have not been enough for the US Administration to call for an end to the brutality by the Israeli Defence Force. Moses did not turn up to rescue the children of Palestine as he was caught up in the bureaucratic red tape and the veto of the United States. The UN is too weak and the European leaders were pathetic in Jerusalem. They did not mention occupation; they did not mention condemnation; and they did not mention war crimes or the breach of international law.
"It was Israel that broke the ceasefire on 4 November last year, when the Israeli Government ordered the bombing of the Gaza Strip, killing six people. There were 22 days of cold-blooded murder of 1,300 Palestinians, including hundreds of children, and injuring more than 5,000, with 26,000 buildings either damaged or destroyed. Can the Minister say—this has already been asked—whether Her Majesty’s Government will support a UN-led investigation into the apparent illegal use of white phosphorous and uranium against children and therefore urge the ICC to indict the Israeli Prime Minister and others for war crimes?" asked Lord Ahmed.
Lord Ahmed also raised the question, “Will Her Majesty’s Government urge the EU to suspend Israel’s special economic and political status in the light of the reckless and arrogant aggression displayed by the IDF, despite pleas from the international community?"
He said, "During the Israeli army’s assault on Gaza, many UN buildings, such as storage compounds and schools, have been destroyed. Will Her Majesty’s Government ask Israel to pay for the damage? Will they support an investigation into the cost of rebuilding Gaza and, more specifically, make an assessment of how many buildings—schools, hospitals, airports and ambulances—donated by the EU taxpayer have been obliterated by the IDF?"

The Minister of State, Foreign and Commonwealth Office
The Minister of State, Foreign and Commonwealth Office (Lord Malloch-Brown) in reply to all these said, "like all noble Lords, I rise to my feet with a sense of sadness and tragedy about what has happened."
"The rockets launched against Israeli civilians are never justified, but when 1,300 Palestinians have died against the 13 Israelis who have lost their lives, we are forced again to think: is this proportionate?” said the Minister of State, Foreign and Commonwealth Office.
"Noble Lords asked whether there will be international investigations and whether the UK Government will support them," said Lord Malloch-Brown and added, "We will support fully the efforts to establish independent international investigation of this. It was particularly poignant for me to see the UN Secretary-General speaking from Gaza yesterday. He said: ‘It is particularly significant for me as Secretary-General of the United Nations to stand in front of this bombed site of the United Nations ... compound. I am just appalled. I am not able to describe how I am feeling, having seen this site of the bombing of the United Nations compound ... I have protested many times, and am today protesting in the strongest terms, and am condemning it. I have asked for a full investigation and to make those responsible people accountable’."
Lord Malloch-Brown also said, “Her Majesty’s Government support fully the demand of the Secretary-General of the United Nations for a full investigation of what has happened. The use of white phosphorus has been condemned in another place by my right honourable friend the Foreign Secretary."
The Minister for Foreign and Commonwealth Affairs also briefed the House what is going on in Gaza: “As has been said, 400,000 people are living without water. Even before the current military operation, 80 per cent of drinking water in Gaza did not meet international standards for human consumption. Since 17 January, UNRWA has been able to resume deliveries of diesel, but fuel remains in very short supply. Most of Gaza’s mills and bakeries, on which so many depend for their daily bread, are no longer operating. In many areas, sewage has spilled onto the streets."
Lord Malloch-Brown also said, "Along with my noble friend Lady Ramsay, we welcome the pledge from Saudi Arabia of $1 billion towards reconstruction."