Israeli war criminal welcomed in Australian
VIVA PALESTINE
by Sonja Karkar
Australians for Palestine, 29 November 2009
http://australiansforpalestine.com/karkar-israeli-war-criminal-welcomed-in-australian#more-13420
The news that former Israeli Prime Minister Ehud Olmert was in Australia and
was welcomed by the honourable members of our parliament came as somewhat of
a shock. It is one thing to have allowed a man on corruption charges as
well as facing war crimes indictments into Australia at all; it is another
thing that he was listed as a distinguished guest in Hansard - the official
record of parliamentary proceedings - and received a resounding "hear, hear"
from our elected representatives.
This is, after all, the man who approved the genocidal attack on the 1.5
million imprisoned and defenceless Palestinians in Gaza less than a year
ago. This is the same attack that was the subject of numerous enquiries,
not least the UN fact-finding mission led by Justice Richard Goldstone,
which found that "the operations were carefully planned . . . and designed
to punish, humiliate and terrorise a civilian population . . . [and] that
the serious violations of International Humanitarian Law recounted in this
report fall within the subject-matter jurisdiction of the International
Criminal Court (ICC)." With further investigations, these violations may
well amount to "war crimes and "crimes against humanity".
The 574-page report detailed meticulously the violations carried out in that
military action as well as the enormous deprivations that were already being
suffered by the entire population due to Israel's punitive sanctions and
long-running military occupation. It was an official assessment of what the
world had seen with its own eyes during three weeks of savage attacks,
notwithstanding the po-faced "explanations" given at the time by a team of
Israeli ministers, generals and officials, in particular, Mark Regev
spokesman for then Israeli Prime Minister Ehud Olmert.
There is no doubt that Olmert was responsible for the military operation on
Gaza. The planning for it, according to Israeli correspondent Barak Ravid
for Haaretz, had begun at least six months before the 28 December 2008
attack and this was during a brokered ceasefire that had been held by Hamas
since 19 June. Part of Israel's strategy was to provoke Hamas into action
and thereby break the ceasefire. As prime minister, Olmert would have
known that the multi-pronged provocations included military raids and
arrests in the West Bank, no significant easing of the suffocating siege on
Gaza, and the ultimate violation of the ceasefire by Israel on 4 November
when it bombed a tunnel inside Gaza and killed six Hamas fighters. With no
intention of itself honouring the ceasefire, Israel's provocations finally
led to the reprisals that Israel sought.
By 18 December, Olmert and his defence minister Ehud Barak gave the green
light for war and ten days later, Israel attacked. On 30 December, Olmert
upped the stakes further when he told President Shimon Peres that the
operation was 'the first of several stages approved by the security cabinet'.
By then, the bombing campaign had already caused the largest death toll of
Palestinians in a single day with the numbers mounting daily.
Olmert's war crimes are compounded by charges of corruption at home and
although he is by no means the first minister to be investigated for serial
offences, he is the first to be accused in a criminal case. So, not only in
running the country, but also in his personal affairs, Olmert behaved as
though he was untouchable. It is a common refrain against Israeli
politicians and one that the Goldstone report noted that when no action
follows investigations or reports, this "emboldens Israel and her conviction
of being untouchable." Furthermore, it said, "to deny modes of
accountability reinforces impunity and impacts negatively on the credibility
of the United Nations, and of the international community."
On this matter, Australia ought to reflect on its own obligations. As one
of the High Contracting Parties to the Fourth Geneva Convention, it has a
duty to bring before its courts those responsible for alleged violations
amounting to grave breaches of the Convention. The Goldstone Report, along
with reports by Amnesty International, Human Rights Watch, Gisha, the
International Committee of the Red Cross and others, make for chilling
reading of what the Palestinians in Gaza are made to endure for Israel's
"security". Certainly, comparable concerns ought to be raised for the
security of the beleaguered Palestinians and action taken when it is
violated, but this is rarely the case. Our own government has shown a
callous disregard for Palestinian human rights and no amount of aid can
compensate for its cavalier decisions to back Israel regardless.
Only last month, The Guardian reported that a UK lawyer "is working to
expand the application of 'universal jurisdiction' for offences involving
serious human rights abuses committed anywhere in the world." A number of
Israeli politicians and military leaders have already come close to being
arrested in some European countries and Olmert would most likely face arrest
if he visited Britain. It is only a matter of time before those wanted for
war crimes will find themselves subjected to universal jurisdiction wherever
they go, not least because of Israel's failure to undertake a genuine
independent investigation into alleged war crimes as urged by the Goldstone
report.
Australia's politicians on both sides are sending the wrong message when
they open their arms to every visiting Israeli official. Not only are they
condoning acts that have been shown to indisputably contravene international
law, but they leave themselves open to charges of hypocrisy and racism. To
wit, the treatment of Dr Mohamed Haneef for allegedly supporting terrorist
attacks on no more evidence than innuendo and suspicion, which at the time,
then Opposition Leader Kevin Rudd backed without a whimper; and similarly,
the government's ugly rhetoric about asylum seekers and terrorist links
because they are trying to come to Australia illegally.
Ehud Olmert is wanted for war crimes. Those war crimes have been amply
documented. As Israel's prime minister at the time, there can be no doubt
that Olmert knew the consequences of the military operations he approved and
ordered. And he is by no means the only one.
Australia's position on war crimes is very clear. A recent letter from the
Attorney-General's Department to a request for more information about
Australia's handling of cases involving alleged war criminals says that "the
Federal Government takes the allegation of war crimes very seriously"
regardless of where they are committed or by whom. The letter continues:
"Australia takes an active role in identifying and investigating anyone who
may have had involvement in human rights abuses and war crimes, including
those that have occurred overseas. If there is evidence on which to base a
prosecution under Commonwealth law, the Australian Federal Police will give
that evidence to the Commonwealth Director of Public prosecutions (CDPP).
It is then a matter for the CDPP to consider, in accordance with the
Prosecution Policy of the Commonwealth, whether there is sufficient
evidence, reasonable prospects of securing a conviction, and whether a
prosecution is in the public interest."
We do not know if Olmert was invited by the Australian Government or if he
came privately. However, his visit certainly generated enough interest for
The Australian to publish two articles about Olmert on the one day and a
convivial photo-op of Olmert with our prime minister Kevin Rudd. For those
who may not remember, Olmert rang Rudd to congratulate him on winning office
in November 2007. Eleven years of conservative rule and sycophantic support
for Israel had been trumped by Rudd's declaration only days before the
election that his support for Israel was 'in my DNA'. Since then, the Labor
Government's connections with Israel run even deeper.
There is a danger that Australia could become a safe haven for Israeli war
criminals if political pressure is allowed to interfere in the work of the
judiciary, despite Australia's obligations under international law and
Division 268 of the Criminal Code Act 1995 (Cth), which criminalises
genocide, war crimes and crimes against humanity. The question for
Australians will be whether justice and universal human rights is something
they wish to champion over the political concerns and self-interests of
whatever government is in power. The opportunity may have been missed with
Olmert, but there will be no shortage of opportunities as long as our
government continues to play host to war criminals whether from Israel or
elsewhere.
_____________________________________________________________________
Sonja Karkar is the founder and president of Women for Palestine and one of
the founders and co-convener of Australians for Palestine in Melbourne,
Australia. She is also the editor of www.australiansforpalestine.com and
contributes articles on Palestine regularly to various publications.
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