August 24, 2018
As old as war itself,
collective
punishment has long been the most damning and destructive weapon
of all. Not satisfied with engaging combatants alone and directly,
historically, it has fueled state reprisal against families,
communities and entire populations in a drive to “win” a given
conflict, military or otherwise, at all costs.
With roots that trace, literally, to the start of time, reprisal
has evolved as modern warfare became more proficient and popular
resistance more prevalent. Nowhere has collective punishment proved
more evident and efficient than it has in the West where it has long
run the gamut from civil sanctions, to population displacement, to
political penalty, to imprisonment, to outright slaughter. Of late,
it has grown more subtle, yet no less pernicious, through state
censorship that seeks to control the narrative of the day.
In the American Civil War, during his “march to the sea”,
General Sherman ordered his troops, when faced with any resistance
from guerillas, to “
enforce
devastation more or less relentless according to the measure of
such hostility.” In doing so, his troops targeted
non-combatants causing more than one-hundred million dollars in
property damage. Today that destruction would be valued at more than
one-and half billion dollars.
The strategy known as
“hard
war” was defined by widespread destruction of civilian
supplies, infrastructure and property, which disrupted the South’s
economy and transportation networks. Foragers, known as “
bummers“,
seized food from local farms for the Army while they destroyed
railroads, manufacturing and agricultural infrastructure in the
South.
As troops marched through Georgia, they took whatever horses,
mules and wagons, owned by civilians, for military use. In leaving
Atlanta, all buildings and structures that might have had a military
“value”, including rail depots, roundhouses, arsenals and storage
areas, were disassembled and burned. Although monitored, the
“controlled” fires resulted in heavy damage, if not widespread
destruction, to civilian homes located throughout Atlanta.
Sherman’s
“scorched
earth” policy was not new and was to continue after the Civil
War as military forces targeted non-combatants in particular
indigenous communities as an essential part of an early European
colonial project.
Thus, in 1863, after a small group of miners were killed, the US
military laid the blame at a band of nearby “defiant” Shoshone
Indians. During the four hour onslaught that followed, 200 soldiers
killed several hundred Shoshone, including at least 90 women,
children and infants. They were shot, stabbed and battered to death.
Others were driven into the icy river to drown or to freeze.
In 1864, following an unsolved murder of a settler family not far
from a reservation at Sand Creek Colorado, the territorial governor
called on citizens to “kill and destroy . . . hostile natives.”
Seeking the “chastisement” of the Indians, a military raid
followed.
According to one soldier, “…
hundreds
of women and children were coming towards us, and getting on
their knees for mercy, only to be shot and have their brains beat
out.” Of the 200 defenseless Cheyenne and Arapaho that were
murdered, all but 60 were women and children. The dead, women and men
alike, were scalped… with their ears and genitals cut out.
Dance has always played an essential role in religious practice
and ceremony among indigenous communities in North America. Following
the civil war, traditional Native dance was increasingly viewed as a
threat to white “settlers” as they moved further west.
Seeing religious practice as a potential flashpoint for an Indian
uprising, the U.S. and Canadian governments passed laws banning
cultural and religious rituals… including all forms of traditional
dance. That ban was to lead to the massacre at Wounded Knee, South
Dakota.
Early one December morning in 1890, a large contingent of heavily
armed soldiers of the Seventh Cavalry surrounded several hundred
Lakota Sioux at a makeshift camp along the banks of Wounded Knee
Creek where some were practicing the Ghost Dance… a new and
spreading ritual seen as a bridge between the living and the spirits
of the dead… to bring unity to natives throughout the region.
Sent to arrest the native participants for their Ghost Dance, a
gunshot unleashed a barrage of fire… including a military
machine gun… that slaughtered several hundred Lakota men,
women and children caught in crossfire as they fled to find safety in
a nearby ravine.
Half a century later on the eve of the surrender of Germany a
series of
bombing
raids were carried out on the city of Dresden by 800 American and
British aircraft. Known as the “Florence of the Elbe,”
Dresden was a medieval city renowned for its artistic and
architectural treasures. It played no role whatsoever in
war-production and had no major industry.
The two days of bombing, which involved 3,400 tons of explosives,
unleashed a veritable firestorm which continued burning for days.
When the fire ended, the streets were littered with charred corpses…
including many children. Although the exact number of those, mostly
civilians, killed remains unknown it is estimated that upwards of
135,000 lost their lives and were buried in mass graves… many
within the eight square miles of the city that lay in ruins. While
various rationales have been raised, the consensus is the attack was
simply a mission to collectively punish the Germans and weaken their
morale.
Six months later, on August 6, 1945, an American B-29 bomber
dropped the world’s first deployed atomic bomb on
Hiroshima.
The explosion wiped out 90 percent of the city and immediately killed
80,000 people. Three days later, a second B-29 dropped another A-bomb
on
Nagasaki…
killing an estimated 40,000 people. Tens of thousands more would
later die of radiation exposure in and around both cities. Already
defeated before the use of the atom bombs, Japan’s Emperor
surrendered a week later citing the mass destruction and punishment
wrought by “a new and most cruel bomb.”
As shown by its participation in the firebombing of Dresden,
historically the British have embraced collective punishment, using
it often during its once long reign as the world’s leading colonial
power. In response to the Boston Tea Party, Britain’s
Parliament enacted the
“Intolerable
Acts” . The Acts closed the Port of Boston, revoked the
Massachusetts Charter and, thus, home rule, moved trials of rebels
outside North America and required the colonies to quarter the King’s
troops, thereby, imposing mass punishment upon much of the colonies
for the acts of a few.
During the
Second
Boer War of 1899-1902, the British rounded up more than a hundred
thousand of the Boer civilian population, mostly women and children,
and detained them in camps. Overcrowded, with little nourishment, and
prone to outbreaks of disease, some twenty-seven thousand Boers and
an unknown number of black Africans died.
In April of 1919, peaceful
protestors
defied a government ban and demonstrated against British Colonial
rule in India. Trapped inside a walled off garden, they were fired
upon by Gurkha soldiers who kept shooting until they ran out of
ammunition. After 10 minutes, the firing stopped… leaving upwards
of a thousand protestors dead and another 1,100 injured.
Although precise figures are unknown, it is estimated between 12
and 29 million Indians
died
of starvation, while under the control of the British
Empire… as millions of tons of wheat were exported to Britain even
while famine raged throughout India.
In 1943, up to four million
Bengalis
starved to death when Winston Churchill diverted food to British
soldiers and countries such as Greece while a deadly famine swept
through Bengal. When asked about the famine
Churchill
said: “I hate Indians. They are a beastly people with a beastly
religion. The famine was their own fault for breeding like rabbits.”
In 1956,
in
Cyprus, Britain evicted families from their homes and closed
shops in neighborhoods where British soldiers and police had been
attacked, purportedly to obtain information about the attackers.
During the so-called Mau Mau
uprisings
in “British” Kenya, Kikuyu tenants who lost their land to white
settlers were detained, en masse, in camps known as “British
gulags” where many suffered from torture and sexual assault. It is
estimated that during 1951-1960 between 20k and 100k Kikuyu lost
their lives.
In 1935-36, Italian troops carried out
mass
reprisals following their invasion and occupation of Ethiopia.
Fascists used mustard gas against civilian communities, bombed Red
Cross hospitals and ambulances, destroyed monasteries and shot
“witch-doctors” who foretold the end of Italian rule. Following a
partisan grenade attack that wounded the Italian viceroy, some
19,000
civilians were murdered in Addis Ababa during a three day rampage
carried out by local fascist militias, colonial troops and Italian
soldiers. Victims were shot, hanged, burned to death, beaten with
clubs and shovels and drowned… being thrown down wells or into the
river.
The German Punishment
During World War II, collective punishment was very much the norm
as German and Japanese troops engaged in targeted reprisals against
persons and communities as revenge for the acts of the few or for
purposes of population control.
Following attacks by the Serbian resistance in October of 1941
German soldiers
raided
the town of Kragujevac in Yugoslavia seizing some ten-thousand
civilians… including high school students while in class. Beginning
the next day, they were executed in groups of four hundred at a time.
When the massacre ended over 5,000 civilians, including women and
children, were dead.
To understand where collective punishment would eventually lead,
at the hands of Nazi Germany, one must look to its activity well
before World War II. Thus, in the early 1930’s, it began to target
its civil population by virtue of nothing more than their
trade
union and political activities and beliefs or religion.
Soon after the election of May 2, 1933, the
SA
(Nazi paramilitary) and
SS
(initially Hitler’s bodyguards) began to attack all forms of
political opposition… beginning with
raids
on trade unions offices whose leaders were arrested and
imprisoned. Later that year, they raided offices of political
opposition parties… destroying equipment, confiscating funds and
arresting their leaders. By the middle of that year, Nazis had banned
all opposition parties.
In May 1933, the first
book
burnings under the Nazis occurred outside of the University of
Berlin with university students leading the torch lit parade.
In
1817, over 100 years earlier, students had initiated book burning
with the goal of unifying the patchwork Germany of the time. Among
the first works thrown into the fire in 1933 were those of Sigmund
Freud’s. In what was clearly prophetic, German Jewish poet Heinrich
Heine had written, one-hundred years earlier, “any people that burn
books, will one day burn people.”
As Hitler consolidated power, thousands of communists, socialists,
church leaders and anyone else who might oppose the Nazis were
rounded up. Initially, these prisoners were held in local prisons and
police stations. There were so many prisoners that makeshift
buildings were converted to house them. Eventually, the Nazis
solution to the inefficiency of the buildings was found in
establishing large, purpose-built camps to hold these prisoners.
These they called concentration camps. The f
irst
camp was established on 1 April 1933 at Dachau.
Between 1933 and the end of the war, some dozen years later, many
thousands of people resisted the Nazis using both violent and
non-violent means. Among the earliest opponents were Communists,
Socialists, and trade union leaders. As punishment against this
movement thousands were executed including German theologians such as
Dietrich
Bonhoeffer who opposed the regime.
As millions of Jews, Communists, Socialists, Gypsies, gays and
political opposition were murdered in concentration camps throughout
Germany and Europe, resistance continued to grow in Nazi-occupied
areas outside of Germany.
In France, Denmark, the Soviet Union, Czechoslovakia, Yugoslavia,
Greece and Poland, guerrilla fighters engaged in anti-Nazi sabotage.
After Czech agents assassinated Reinhard Heydrich, the Nazi
governor of Bohemia and Moravia, the Nazis shot all of the men in the
Czech village of
Lidice
none of whom had any involvement in the assassination.
Warsaw was, perhaps, the most legendary of all uprisings by an
urban population in German-occupied territory. On April19, 1943
an armed
revolt
was begun by a group of Warsaw ghetto dwellers.The Jewish Fighter
Organization (
ZOB)
led the insurgency and battled, for a month, using weapons smuggled
into the ghetto. The Nazis responded by bringing in tanks and machine
guns. In massive collective punishment, the Nazis burned blocks of
buildings and destroyed the ghetto in its entirety. Ultimately, many
of the 60,000 remaining residents, most of whom had nothing to do
with the uprising, were executed or lost their lives as buildings
were bombed or set aflame.
In the French village of Oradour-sur-Glane more than
600
men, women and children were murderedas collective punishment for
acts of the resistance. Similar reprisals occurred in the
Dutch
village of Putten, the
Italian
village of Sant’Anna di Stazzema and the
Soviet
village of Kortelisky.
The Japanese Punishment
Beginning long before the onset of World War II, during the
2ndSino-Japanese
War, Japan made widespread use of biological and chemical weapons,
created in the infamous
Unit
731 labs, in their drive to reduce and control China’s
population through weapons of mass destruction.
From 1931 through 1945, Japan employed thousands of
biological
and chemical weapons throughout China. The provinces of Hunan,
Jiangsu, Jilin, Kwangtung and Zhejiang were among those targeted. The
attacks in Zhejiang offer a chilling view of Japan’s use of
biological or germ warfare as a weapon of collective punishment
against a civil population.
On October 4, 1940, a Japanese airplane dropped
plague-infected
fleas (causing bubonic and other plagues) over Quzhou, a small
town in western Zhejiang Province. Within days the first victims
died.
Within a year more than a two- thousand others perished.
In September of 1941 the plague was carried to another village
causing the death of one thousand more civilians. In 1942 Japan
unleashed a series of
anthrax
and glanders (a rare infectious disease) attackson villages
throughout Zhejiang leading to the painful deaths of three thousand
additional villagers.
Population
displacement has also been a mainstay of collective punishment.
Though the world map has frequently been reconfigured to reflect
changing political winds, two displacements, in particular, provide
insight into how political priorities and retribution have directed
the forced movement of people in contravention of international law.
In 1944, Stalin
deported
the entire population of the North Caucasus… more than half a
million people from the republics of Ingushetia, Chechnya, and North
Ossetia… to the Soviet republics of Central Asia based on an
assumption they were “collaborating” with the Nazis.
The gun-point displacement used crowded cattle-cars which simply
dropped victims in a barren wilderness with no means of survival. In
an earlier displacement it is estimated that beginning in 1941 more
than three-million Russian Poles and Latvians, Lithuanians and
Estonians were
deported
to Siberia and the Central Asian republics. It is estimated almost
half of them died of diseases and malnutrition.
As “reparations” after the war the allies forcibly expelled
some
14
million German speaking civilians from their homes in
Czechoslovakia, Hungary, Romania, Yugoslavia, and Poland removing
them to the rubble of Allied-occupied Germany. Most of them
were women, the elderly and children.
Along the way perhaps half a million died due to starvation,
disease, attacks and executions. Tens of thousands of others perished
in forced labor camps. Many of these had been concentration camps
which remained in operations for years after the cessation of
hostilities.
The Israeli Punishment
Collective punishment is the alluring call of the desperate
tyrant. It is a shameless group stab that targets communities when a
despot’s aim, at the few, falls short of their coveted mark. To
them, how much easier it is to break a people’s step by spreading
anguish among all… the young, the old, those waiting to take their
turn.
Collective punishment comes in many shapes. Some short, explosive
and deadly. Others the kind that hang heavy like an amorphous throb
that just never seems to go away… an ache always there to remind
that there’s something about your race, religion or heritage that
panics tyranny. And, then, there is the kind that confronts every
breath you take, every step you make… day in and out… generation
after generation. The sort that demands you walk or run off into the
past and never return to a future that is yours to claim. No
tomorrow. No vision. No voice. No hope.
That is the collective punishment begun by European Zionists
decades before the United Nations ripped Palestine from Palestine…
when they unleashed a spree of death, dispossession and destruction
that has continued unabated for more than ninety years. No modern
collective punishment has been as long, as public or as perversely
proud.
Though the
Nakba
began on May 14, 1948, it unfolded decades before when
Balfour
issued an open invitation to terrorists such as the
Irgun,
Palmach or
Lehi (the Stern
Gang) to commence a deadly colonial project that came to know no
bounds.
For years, Palestinians were targeted in their homes, businesses,
and marketplaces for no reason but their easy mark. Men, women and
children were butchered by bombs or slain by shots… not as armed
opposition but as civilians swept up in a pogrom of collective
punishment.
No one can erase the terrorist blast of the
King
David Hotel by the Irgun in1946 that took ninety-one lives
including some four dozen Palestinians. Nor can the massacres at
Deir
Yassin and
Ein
al-Zeitun by the Irgun or Lehi in April and May of 1948, be
apologized away as the unfortunate loss from competitive battle.
Hundreds of executed civilians, many tethered and shot, others
mutilated and raped, is not warfare but collective punishment of the
worst kind… the type designed to spread mass terror through a
despicable feed upon the most vulnerable in two defenseless, age-old,
rural villages.
If these were to be the explosive benchmarks of early shared
punishment, for more than a decade before, thousands of Palestinians
were murdered or injured in a rampage of non-stop terrorism that
determined life and death by little more than mere happenstance.
Crowded Souqs (marketplaces) in Jerusalem, Jaffa and Haifa were a
particular favorite for collective punishment as bombs exploded…
some hidden on donkeys or under fruit stands, others tossed into
crowds of shoppers from passing vehicles. Many were shot and killed
in random drive-bys. Small lodges, town halls, political
headquarters, cinemas and trains were the scene of repeated carnage
caused by explosives or ambush. More than once, the Damascus Gate of
the Old City was attacked by barrel bombs or strafed by gun fire. In
Jaffa, more than one hundred homes were burned to the ground as part
of a coordinated bombing attack. And in a precursor of what was to
come, soon, en masse, on the night of December 31, 1947- January 1,
1948, the
village
of Balad al-Shaykh was attacked by paramilitary forces that
proceeded to blow up homes and execute 70 Palestinians as retaliation
for an earlier battle elsewhere between Zionist and Palestinian
fighters.
With the establishment of Israel, over night, collective
punishment took on a new, more odious, meaning as mass displacement
became a prime weapon of choice throughout Palestine. Fearing
advancing Israeli troops or another Deir Yassin massacre by marauding
militias, some eight hundred thousand Palestinians fled, or were
expelled, from their age-old homes, to become stateless refugees
strewn throughout the Middle East.
In the days that followed, between 400 and 600 Palestinian
villages were sacked… reduced to little more than rubble. As
panic spread, Israeli troops patrolled urban centers using vans and
loudspeakers to order terrified inhabitants to
evacuate
their homes.As mass flight took hold it became clear to international
observers and journalists, alike, that cleansing Palestine of its
civil population had become a formal Israeli policy. Not long
thereafter, a series of laws were passed by Israel which prevented
Palestinians from returning to their homes.
It sealed the fate of millions of Palestinians who 70 years later
continue to suffer from an unprecedented formalized state policy of
mass collective punishment and exile.
“The IDF began to
attack
civilian targets, including population centers, with the goal of
causing the residents to understand the price of escalation and
placing Hamas in a problematic situation.”
With these words, a recent newspaper article in the
Hebrew-language version of Haaretz confirmed what informed observers
had long known: that Israel sees itself above international law in
its use of collective punishment as an essential element of its drive
to complete its goal of ethnic cleansing throughout Palestine.
To understand the contemporary reality of collective punishment in
Palestine, for context one need only look back some thirteen years to
the electoral victory of Hamas in Gaza. In the years since, the
Israeli government has targeted its two million civilians for direct
and unremitting punishment for little more than their electoral will
and political determination. Parallel to this attack has been a
simultaneous one, of a different nature, on the Palestinian civil
population throughout the Occupied West Bank.
Even before the on-going bloodbath in the
Great
Return March, few can deny Israel’s frequent use of collective
punishment on non-combatants in the Gaza strip. Predictably, each
time, it has blamed “terrorists” within the civil society itself
for the “unfortunate” and substantial casualties and widespread
destruction of infrastructure, buildings and homes that ensued.
On January 3, 2009, Israel began a
ground
offensive in Gaza. When it ended some two weeks later more than
eight-hundred civilians lay dead, including those who lost their
lives seeking shelter in U.N. compounds that were targeted by Israel.
In one such attack 43 were killed by an Israeli shelling on January
6.
In what was to become the
rai·son d’être of
future assaults, Israel destroyed homes, university and apartment
buildings, schools, factories and infrastructure describing them as
part of the Hamas “support network.” Damage estimated in excess
of $3 billion further strained the already dire humanitarian
situation in Gaza leaving 46,000 displaced persons in UNRWA shelters.
Less than three years later, on November 14, 2012, Israel once
again
attacked
Gaza using planes, mortar fire and tanks throughout the embattled
enclave. According to a reportby the UNHCR, during the onslaught 174
Palestinians were killed including 33 children, 13 women and three
journalists by air strikes on their cars. Hundreds of others were
wounded, among them at least 88 under the age of five. On November
19, 2012, an Israeli airstrike killed ten members of the
Dalu
family, including five children and two neighbors.
In what can only be described as an all-out attack on civil
society,
Al Mezan, reported
that, in just one week, the Israeli army destroyed 124 homes and
damaged more than 2000 others while targeting numerous residential
communities and apartment blocks.
When the
attack
ended, 52 places of worship, 25 NGO’s, 97 schools, 15 health
institutions, 14 journalist offices and 16 government buildings lay
in ruins. Fifteen factories and 192 trade shops, twelve water wells
and large agricultural tracts were damaged or destroyed… as was the
main bridge connecting Gaza City with the rest of the enclave.
In
2014,
Israel undertook its most recent coordinated military assault on Gaza
as it once again targeted its two millions civilians with massive
disproportionate force. According to a
United
Nations report “the scale of the devastation was unprecedented…
tallying more than 6,000 airstrikes, 14,500 tank shells and 45,000
artillery shells unleashed between July 7 and Aug. 26.”
Many of these explosive devices, in particular artillery and
mortars, were used in densely populated areas and designed to have a
“wide-area” impact to ensure that anyone or anything within the
contact area would likely be killed, injured or damaged due to their
explosive power and imprecision. By design the haphazard use of these
weapons destroyed entire neighborhoods.
When the carnage ended, 2310 Palestinians were killed… the
majority of them civilians including 551 children and 299 women. More
than 11,000 others were wounded, a third of them children, with over
1,000 left permanently disabled. Many of the killed or maimed had
sought refuge in various shelters including U.N. schools which were
hit despite the fact their coordinates had been provided to Israel in
advance of the attack.
The collective punishment unleashed on Gaza during the attack of
2014 was meant to cause lasting devastation on a civil community
already overwhelmed by poverty and still reeling from the last
assault on its infrastructure just a few years earlier.
During the 50 day attack, Israel struck more than 5,200 targets
including thousands of homes that were destroyed or severely damaged.
Hundreds of factories, dairy farms (with livestock) and orange groves
were destroyed, as were the lone power station and major sewage pipe
in Gaza, serving 500,000 residents.138 schools and 10 out of 26
hospitals were damaged or destroyed along with 203 mosques and two of
Gaza’s three Christian churches.
For those in need of a painful primer on what explosive collective
punishment looks and feels like today, these deadly mass attacks upon
the civil society, indeed life, of Gaza leave nothing to the
imagination. Each assault caused substantial casualties among non
combatants and crippled essential infrastructure and support services
for the health, welfare and safety of some two million men, women and
children.
Make no mistake about it, carpet bombing is not an isolated
military misstep. It is a determined, strategic call. Repeat targeted
attacks upon residential neighborhoods and schools, shelters and
hospitals by “wide area” impact weapons are not intended to
minimize civilian suffer but, rather, to serve as triggers for
horrific collective punishment.
Yet, military assault is but one deadly adjunct to a systematic
choke upon Gaza, now in its thirteenth year of Israeli occupation,
that has denied its civil population sufficient food, water,
clothing, medicines, fuel, shelter, bedding, hospital equipment and
freedom of movement. Recognized as guaranteed humanitarian
rights, these are not mere commodities of privilege or luxuries of
life. To be sure, their absence is the core distinction between
victims of collective punishment and those who impose it.
Completely surrounded by walls and fences, years of Israeli
attacks and a suffocating embargo on produce and supplies have left
Gaza reeling from an absence of an infrastructure capable of meeting
the needs of its people. Whether its electricity, clean water,
healthcare, or sewage treatment and waste management, it is
undergoing a humanitarian crisis now entering its second decade.
In Gaza, abject poverty is rampant. At 41.1 percent, the
unemployment rate is the highest in the world. Its youth unemployment
is 64 percent.
Although thousands of homes damaged or destroyed during Israel’s
attacks remain in need of repair, the construction sector is idle.
More than a hundred thousand live in cramped shelters or remain
homeless. Sixty per cent of Gaza lives under the poverty line.
According to UNICEF a third of Gaza’s children suffer from chronic
malnutrition and micronutrient deficiencies that can stunt
development and affect overall health.
According to the WHO, power cuts and fuel shortages have created
constant crises for Gaza’s 14 public hospitals; threatening the
closure of essential health services leaving thousands of people
without access to life-saving medical care. For well over a year
electricity for Gaza has dropped to a total of just
three
hours daily. At any given time, power loss threatens the lives of
hundreds of new-borns and adults in neonatal and intensive care
units.
Only
three
percent of the entire water supply in Gaza is fit for human
consumptionwith the rest contaminated and dangerous because of
untreated sewage, agricultural chemicals and a large concentration of
chloride.
With the shortage of clean water looms the fear of a deadly
cholera epidemic particularly in a community with a young population
with increasing numbers showing signs of acute malnutrition and
severe wasting.
According to the World Bank,
56
% of all Palestinians have no access to “reasonable and
customary” healthcare in Gaza. Dozens of basic drugs are
unavailable. Currently, more than eight thousand chemotherapy
patients including hundreds of children are unable to obtain life
saving treatment due to the absence of drugs needed to sustain them.
According to Physicians for Human Rights-Israel (PHRI), the public
health system is not able to provide specialized treatments for
complex medical problems in a variety of fields including neonatal
care, cardiology, orthopedics and oncology.
So far this year, 30 patients have died after their
exit
permits to obtain treatment were either denied or not granted in
time. Not long ago
three
seriously ill babies died after permits to grant them treatment
in Israel were denied. Earlier this year, 2 children died while
waiting permission from Israel to leave for external treatment.
Seeds of Collective Punishment
In November of 1998, the
Yasser
Arafat Airport, located between Rafah and Dahaniya, was opened
with much fanfare. Capable of handling some 700,000 passengers per
year, it was seen as an important step forward in the establishment
of Palestinian statehood as it provided the only transit into and out
of Gaza beyond the control of Israel. In 2001, Israel destroyed
its radar station and control tower, in a bombing attack, after the
start of the Al Aqsa Intifada in the occupied West Bank. Never again
would the airport be used.
After 38 years of internal occupation in southern Gaza, the
Israeli army and 21 “settlements” with almost ten-thousand
settlers were, in 2005, driven from the coastal enclave. Though
Israel has long claimed it was a voluntary “withdrawal” for
security reasons, it is clear that increasing confrontations and
resistance by Palestinian fighters in Gaza was the cause of the
evacuation.
Not long after the victory of Hamas in the Palestinian legislative
elections of 2006, Israel declared the Gaza strip “hostile
territory.” Soon thereafter it imposed a series of political,
economic and military sanctions to isolate and destroy Hamas and to
punish Gaza’s population for the exercise of its political will.
In its thirst for collective punishment, Israel imposed a naval
blockade which limited offshore fishing zones and initiated a siege
that resulted in the closure of border crossings, for people, goods
and services. It also implemented a “buffer zone” within the
territory.
These measures have had a devastating impact on the living
standards and life of all of Gaza and destroyed any prospect of
economic development or independence. They have created a grave and
protracted humanitarian crisis that has only been exacerbated by
three unwarranted and excessive military onslaughts that have killed
thousands of Palestinians and laid waste to Gaza’s infrastructure.
Thirteen years later, Israel controls Gaza’s air and maritime
space, and six of its seven land crossings; Egypt rules the seventh.
It controls Gaza’s population registry and arbitrarily decides who
comes into and out of the world’s largest open air prison. Gaza
remains dependent on Israel for its water, electricity,
telecommunications, and other utilities.
And what of that buffer zone? As shown by the Great Return March,
it’s proved deadly… as Israeli snipers decide who will live
and who will die from the safety of their mounds for the daring of
Gaza’s voice.
The Law of Collective Punishment
Throughout history, during times of armed conflict and occupation,
military forces have repeatedly used acts of collective punishment on
groups of persons without regard to whether or not they bore personal
responsibility for the very acts, it was claimed, that required a
response. The use of collective punishments and infliction of cruel
punitive measures upon civil populations is not new. For many years,
belligerent reprisals have been little more than illegal means of
repression or intimidation often imposed under the guise of
legitimate law enforcement.
Unable to locate insurgents responsible for so-called hostile
acts, invading armies and occupation powers have long used collective
punishment in the hopes of suppressing resistance and ensuring
willful obedience. Ultimately, the goal of deterrence is little more
than a pretext for tyranny.
International law has responded to this military ritual by
increasingly restricting and outlawing the practice of collective
punishment
Of the many prohibitions set forth under international law, the
one most frequently ignored, yet, clearly defined, is the ban on
collective punishment. The prohibition of collective punishment in
international humanitarian law is based on one of the oldest, and
most basic, tenets of criminal law… the principle of individual
responsibility.
Article
3 of the Fourth Geneva Convention Section 1 Art. 33 provides
that: “No protected person may be punished for an offence he or she
has not personally committed. Collective penalties and likewise all
measures of intimidation or of terrorism are prohibited.”
This convention codifies the Hague Regulations of 1899 which
provide “
No
general penalty, pecuniary or otherwise, can be inflicted on the
population on account of the acts of individuals for which it cannot
be regarded as collectively responsible”
The
Hague Resolution of 1907 Section 3 Art 50 affirmed this rule with
only a slight modification amending “collective responsible” to
“jointly and severally responsible.”
Article
4, par. 2(b), of Protocol II of the Convention further defines
collective punishment as “penalties of any kind inflicted on
persons or entire groups of persons in defiance of the most
elementary principles of humanity, for acts that these persons have
not committed.” The Commentary on Protocol II emphasizes that
collective punishment should be given the widest possible application
and includes any kind of sanction.
Under International law, the law of wars (humanitarian law) is no
less applicable to conflicts between non-international combatants
than it is fighting among international forces. Accordingly, although
political debate may arise over whether which category the decades
old conflict between Israel and Palestinians in the Occupied
Territories may fall, for purposes of humanitarian law it is
difference without a distinction.
Both Israel and the resistance forces of Palestine are obligated
to observe article 3 common to the four Geneva Conventions of 1949
(“common article 3”), the Second Additional Protocol of 1977 to
the Geneva Conventions (Protocol II), applicable to non-international
armed conflicts, and relevant customary international law.
In relevant part, humanitarian law forbids deliberately harming
civilians and other persons no longer taking part in hostilities,
including wounded. It also establishes specific rules on the conduct
of hostilities to minimize unnecessary suffering.
These
provisions prohibit violations of the right to life, torture and
other inhuman and
degrading
treatment, arbitrary arrest and detention, and unfair trials. They
also provide for the rights to the protection of the home and family,
and particularized protection of children in times of armed conflict.
Persons under the control of government in an internal armed
conflict must, in all cases, be treated in accordance with
international humanitarian law, which incorporates important human
rights standards.
Violations of international humanitarian and human rights law
provide for personal criminal liability for those individuals found
in breach of their prohibition. Human rights abuses committed as part
of a widespread or systematic attack against any civilian population
are crimes against humanity.
In sum, international human rights laws prohibit the arbitrary
deprivation of life and, at all times, torture and other cruel,
inhuman or degrading treatment.
At their core, a fundamental principle of international
humanitarian law is that parties to a conflict must distinguish
between combatants and civilians, and may not deliberately target
civilians or civilian objects.
Protocol II states, in no uncertain terms, “
civilian
population and individual civilians shall enjoy general
protection against the dangers arising from military operations.”
They are not to be the object of attack and all acts or threats of
violence with the primary purpose to spread terror among the civilian
population are prohibited.
Customary international humanitarian law prohibits attacks
directed against civilian objects, such as homes and places of
worship. Protocol II
specifically
bans attacks, destruction, or removal of objects indispensable to
the survival of the civilian population including food-stuffs,
agricultural areas, crops, livestock, drinking water installations
and supplies, and irrigation works.
Pillage
or plunder – the forcible taking of private property – is also
prohibited.
Collective
punishments are
prohibited
under international humanitarian law in all circumstances. The
prohibition
on collective punishments applies not just to criminal sanctions
against persons for actions for which they do not bear individual
criminal responsibility but, also, “all sanctions and harassment of
any sort, administrative, by police action or otherwise.”
Article 4 of Protocol II also sets out the fundamental guarantees
of humane treatment, which explicitly includes a prohibition on
collective punishments, acts of terrorism, and pillage.
Commentaries of
the International Committee of the Red Cross on Protocol II and
customary international law make clear that these articles leave no
room for
reprisals
in non-international armed conflict.
With respect to individual responsibility, serious violations of
international humanitarian law include the mistreatment of persons in
custody and deliberate attacks on civilians and civilian property,
and when committed with criminal intent amount to war crimes.
Criminal
intent requires purposeful or reckless action. Individuals may
also be held criminally liable for attempting to commit a war crime,
as well as assisting in, facilitating, aiding or abetting a war
crime. Responsibility may also fall on persons ordering, planning, or
instigating the commission of a war crime. Even in the absence
of a formal state policy, commanders and civilian leaders may be
prosecuted for war crimes as a matter of command responsibility when
they knew or should have known about the commission of war crimes and
took insufficient measures to prevent them or punish those
responsible.
The Israeli Punishment… Continued
In Palestine the use of collective punishment began long ago
through a rampage of indiscriminate bombings, kidnappings, arson and
random shootings that targeted civil society. After the establishment
of Israel, population displacement and exile turned upwards of eighty
percent of the indigenous community into stateless refugees. Ethnic
cleansing was then well underway.
In the years since the Irgun became the IDF, collective punishment
has become very much the norm as the Israeli military has routinely
embraced mass murder and reprisal as a strategic weapon of choice in
Gaza. Wholesale destruction of homes, schools, hospitals, houses of
worship and essential infrastructure has become very much the
wretched political norm in Israel.
At the same time, Israel has imposed an embargo on the import of
necessary food, medicine, water, and reconstruction materials and
placed a stranglehold on a once flourishing maritime industry while
reducing movement in and out of Gaza to a trickle. Beginning more
than a decade ago, these steps were imposed against the entire civil
society of Gaza as punishment for its political will and for the
lawful resistance acts of the few.
Although qualitatively different, collective punishment in the
occupied West Bank is no less pernicious, every bit as illegal and,
beyond question, another conscious step by Israel to strip millions
of occupied people of their indigenous identity and rights in
violation of international law.
As in Gaza, there is no shortage of evidence of Israel’s
decade’s old systematic attack upon the civil society and
institutions of the occupied West Bank. As in Gaza, ultimately, all
Israeli policies there are driven by the subterfuge of necessity.
Whether it is forced population displacement or the ever present
dividing walls and checkpoints or a dozen other illegal military
sanctions, Israel punishes some two and a half-million civilians for
the drive of their political will or the legitimate military
resistance of the relatively few.
Simply put collective punishment at its worst.
Thus, since the occupation began in 1967
mass
incarceration has become the norm with more than 800,000
Palestinians from the West Bank imprisoned. Almost all have been
denied any modicum of due process and were prosecuted, tried and
convicted by military tribunals. Jews living in the Occupied
Territory are, of course, prosecuted in civil courts and receive the
full panoply of their civil criminal rights.
Most of the 800,000 were charged on the basis of unreliable secret
evidence. Using the talisman of “security,” those imprisoned over
the years include many tens of thousands prosecuted for little more
than their politics beliefs, or their speech, association or
movement.
Prisons come in many forms. There are those with cellblocks and
bunks and others with walls and checkpoints which keep those at
liberty nonetheless prisoner to their plight. Throughout the West
Bank these walls and checkpoints not only limit movement and
illegally divide families into crafted segregated communities, but
deny students equal education and the frail and infirm quality
medical care.
Throughout the occupation mass displacement of indigenous
communities, including those of Bedouin families and neighborhoods,
in East Jerusalem that date back millennium, have been undertaken or
razed to accommodate illegal settlements.
To date, more than
800,000
settlers reside in the West bank with much of it now annexed in clear
violation of international law. Often Muslims, and increasingly
Christian Palestinians, are denied the right to exercise their
religious beliefs due to their age, through embargoes on travel or
closure of Mosques or churches due to “
security”
… including the Al Aqsa Mosque and compound. It has become common
place for settlers or Israeli soldiers or police to attack Al Aqsa
causing damage to the third holiest site in Islam or casualties,
including death, to those in prayer.
During other periods, East Jerusalem has been hard hit by Israeli
“security” steps… including dozens of military checkpoints and
concrete roadblocks at entrances to various neighborhoods and
internal community roads causing great disruption to the lives of
several hundred thousand Palestinian residents.
Typically, as an adjunct to such neighborhood closures, policing
operations are undertaken in which thousands of residents, of all
ages, are stopped, searched and questioned for nothing more than
living on a given street. More than a few reported abusive encounters
with Israeli police and soldiers including sexual harassment either
by comments or physical contact.
These measures, which arbitrarily targeted large segments of the
East Jerusalem population, bear no nexus to the commission of attacks
that had occurred earlier, elsewhere, in East Jerusalem. As a result
tens of thousands of Palestinians had their rights to freedom of
movement, access to healthcare and to maintain their standard of
living unreasonably disrupted.
While many of these restrictions have been lifted, some
neighborhoods continue to suffer from on-going and severe access
restrictions as well as abusive policing operations. Overall,
these arbitrary security measures have adversely impacted the local
and whole Palestinian economies and reduced employment opportunities
to a community already suffering from high rates of joblessness.
On occasion, entire villages or towns have been sealed off in the
West Bank because of military operations, once again unrelated to
local acts of violence, thereby disrupting the lives and livelihoods
of their residents. These measures constitute prohibited
collective punishment.
Elsewhere, other Palestinians have not been so “fortunate” as
to merely suffer from checkpoint harassment on their way back home.
Punitive home demolitions have long been a mainstay of the Israeli
military targeting the families and relatives of Palestinians
allegedly involved in attacks, even in the absence of any evidence
that the families had any prior knowledge of, or participated in,
them. Although intermittent, these demolitions have destroyed dozens
of homes leaving several hundred Palestinians homeless… including
almost one-hundred children.
Punitive demolitions of Palestinian homes also violate a number of
core human rights including the right to an adequate standard of
living, the right to family life, the right to freedom of movement
and physical and mental health.
Although the practice eventually reached the Israeli High Court,
it was upheld on the basis that the destruction was necessary on
“deterrence and security grounds.” It was not the first time the
Court ignored well-settled international prohibitions against
collective punishment and if history is, indeed, the guidepost of
what is yet to come… it will not be the last.
Conclusion
What greater crime can there be than to steal a child’s smile…
to snatch their hope, health and happiness. Yet, today, that
heartless theft has become so much the norm throughout the world.
Neither warrior, nor foe, they have become the soft side of hard
hearts that embrace collective punishment as the sure path to
conquest.
In the last three months alone, 23 Palestinian children have been
murdered by Israeli snipers; their crime… the audacity to march for
a dream. Just last week, in Yemen, 40 children lost their future to a
bomb dropped on a school bus by a Saudi Jet supplied by a US company.
Last year
50,000
Yemini children lost their lives to a measured more twisted death,
one caused by starvation or disease through an embargo that has long
denied its civil population food, medicine and water. In Syria it is
estimated children are one out of every four who have lost their
lives to bombing campaigns of the United States and Russia. Tens of
thousands of others have been killed by guns and ground explosives.
Greater than
four
hundred thousand Rohingya children now live in refugee camps in
Bangladesh, fleeing genocide in Myanmar. Thousands are orphans…
many of them work in the sprawling sex trade having been greeted in
their flight by utter poverty and rape.
This is the face of collective punishment in all its horror. Our
collective future lost to our failed past.
Battered and bruised, more than a hundred and fifty years ago,
some in the community of nations began to ponder the madness that had
long consumed non combatants for the folly of a fight that was not
theirs to pick.
In the midst of the mayhem that was the US Civil War, the nascent
Red Cross began to speak of humanitarian relief. In Europe, others
stunned by seeming decades of on-going, widespread conflict began to
explore the plight of the wounded.
From this discussion grew the Geneva Convention of 1864.
Other conventions and protocols were soon to follow ultimately
extending to the protection of civilians in enemy and occupied
territories. Known simply as a ban on collective punishment, it was
to be the wishful panacea that would protect most of the world from
the ravage of the few. It has failed.
To walk down these roads from afar is a painful journey as so much
a witness to events and places that have unfolded with tragic eyes
before us, but not nearly as difficult and destructive as it has been
for those who have lived it.
We of exceptional position, whether born of race, opportunity or
mere providence, are witness today to an unprecedented attack on the
most vulnerable among us… millions lost to the callous crosshairs
of dispute and despair, some age-old, others of recent vintage.
Long ago, at the opening of the war crimes tribunal at Nuremberg,
a simple question was posed that remains no less probative or
powerful today than it was more than seventy years ago:
“Under the law of all civilized peoples, it has been a
crime
for one man with his bare knuckles to assault another. How did it
come that multiplying this crime by a million, and adding fire arms
to bare knuckles, makes it a legally innocent act?”
Prohibition of collective punishment is the long settled law of
the international community. Yet it remains very much but a
tease… a sanction without a herald.
It is a message lost to the powerful. But as we approach the
midnight of our shared fate there is still time for it to become our
collective call.
If not… we are all doomed, deserving victims to our own
indifference.
More articles by:
Stanley
L. Cohen
Stanley L. Cohen is lawyer and activist in
New York City.