Hamas finds itself innocent. What a surprise.

Al-Arabiya reports that Hamas has investigated itself and found not only that it did nothing wrong, but also that other terror groups didn't either:

The Islamist Hamas movement said Wednesday it has investigated allegations in a U.N. report into last winter's Gaza war and absolved Palestinian armed groups of any atrocities.

Some 1,400 Palestinians and 13 Israelis were killed during the Israeli offensive aimed at halting rocket attacks from the territory ruled by the Islamist group.

But Hamas, which along with other armed groups has launched thousands of makeshift rockets into southern Israel in recent years, said a committee it appointed to follow up on the report found no intention to harm civilians.

"The committee worked around the clock to uncover the facts, despite the certainty that there were no violations of international humanitarian law or international human rights law that amount to war crimes," said the committee head, Hamas justice minister Mohammed Faraj al-Ghul.

"The Palestinian government has on more than one occasion called on armed Palestinian groups to avoid targeting civilians," said the report by Hamas, which has claimed scores of deadly suicide bombings against Israeli civilians.

"(The armed groups) struck military targets and avoided civilian targets, and any accusations related to this concern errant fire."

The Goldstone report said the firing of the hard-to-aim rockets at southern Israel deliberately targeted civilians and could constitute a crime against humanity.

Hamas, during the war, really did claim to only be targeting military sites. For example, this press release from the al-Qassam Brigades English site detailed the targets of all the rockets fired during the war:

Target	Qassam	Grad	Mortar
Military base "Blmakheem"	0	2	0
Military base "Tal Nouf"	0	1	0
Military base "Al Majdal"	26	47	0
Military base "Sdod"	0	36	0
Military base "Beer Al Saba'a"	0	23	0
Military base "Kiryat Gat"	0	3	0
Military base "Hitsareem"	0	16	0
Military base "Sderot"	88	0	0
Military base "Third Eye"	9	0	12
Military base "Miftaheem"	13	0	0
Military base "artillery"	9	0	9
Military base "Ba'eri"	6	0	0
Military base "Talmi Yusif"	3	0	0
Military base "Nir Oz"	4	0	0
Military base "Ami Oz"	2	0	0
Military base "leadership"	2	0	0
Military base "Mageen"	4	0	0
Military base "El-yahoo"	1	0	0
Military base "Abu Salim"	3	0	3
Military base "Nahil Oz"	10	0	10
Military base "Sufa"	6	0	0
Military base "Nitifut"	31	51	0
Military base "Tsailem"	0	6	0

You can see in the table that Hamas just took names of places like Sderot and Kiryat Gat and Ashdod ("Sdod") where ordinary people were targeted and simply re-labeled them as "military bases." As YNet points out, there are no military bases in Sderot.

Before the war, Hamas was not quite as circumspect. In fact, they would openly brag about targeting civilians. For example, this communique from November 16, 2008:

Al Qassam Brigades executed the following mission:

Day: Friday.

Time: Between 8:50 to 09:10.

Operation: Shelling Sderot settlement by eight Qassam rockets.

Result: Number of settlers were wounded.

There are countless other examples of Hamas proudly taking credit for rocket attacks on civilians.

And if you have the slightest thought that Hamas really considered all of the towns listed above to be "military sites," the Qassam Brigades published a similar scorecard of rockets fired on February 27th, 2008, where many of the same cities are listed without the prefix "military base":

In response to the Zionist aggression against the Palestinian people in the West Bank and the Gaza Strip, Al-Qassam Brigades declared the following:

Name	No.
Sedrot settlement	30
Meftahim settlement	4
Kesufim settlement	4
Yad Murdakhi settlement	3
Military site Sofa-Rafah	2
Zikim-north of Gaza strip	4
Intelligence site east of Rafah city	2
Military site Nahil Oz-Gaza	3
Natif Etzra settlement	2
Baeri east of Al Buriej camp	2
Kfar Azza east of Gaza city	1
Military site Erez-Gaza	2

The result of the shelling:

1. A Zionist settlers was killed in the Sederot.
2. Huge confusion between the settlers.

The target is explicitly named and celebrated.

It is not hard to find proof that Hamas lies using nothing but Hamas sources.

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Hamas plans response to Goldstone this week

According to Palestine Press Agency, Hamas "miniter of justice" Mohammed Faraj al-Ghoul announced that Hamas has prepared its own response to the Goldstone report, 52 pages worth. He said that the response will be professional and adhere to international standards.

Meaning, the international standards that blame Israel for everything.

al-Ghoul also says that the fact that Israel paid $10.5 million to UNRWA in compensation for inadvertent damage done is proof that Israel is admitting to "committing war crimes and crimes against humanity." He goes on to say that he hopes that the UN will not be taken in by this "bribe" and will continue to hate Israel as passionately as it did before.

Laughably, al-Ghoul said that Hamas set up a committee of inquiry to investigate any alleged violations and worked around the clock to uncover the truth, opened its doors wide open to receive public complaints, and investigated to the greatest extent and the pursuit and prosecution of abusers by Palestinian law. I can just imagine how welcome any resident of Gaza would feel about entering Hamas headquarters to lodge a formal complaint against Hamas.

He also said that Goldstone only specified some 36 incidents, while Hamas has been documenting over 1500 such crimes, including war crimes, crimes against humanity, crimes of genocide, the crimes of aggression, "all of which were monitored and documented in full accordance with international standards and which will surprise the occupation."

Which is an interesting tack. Israel should prepare a dossier of Hamas war crimes that Goldstone missed, which is pretty much all of them.

Playing strictly defense is no way to win a battle.

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Arab satellite removes Iranian TV

From Reuters:

Iran's Arabic-language television network Al Alam said on Wednesday it has again been taken off air by a Saudi-based satellite operator amid simmering tensions between Shi'ite Iran and U.S.-allied Sunni Muslim Saudi Arabia.

Analysts say Riyadh and several other Arab governments allied to the United States are worried about a rise in Tehran's influence in the region through Shi'ite minorities.

Al Alam said in November that both the Saudi-based Arabsat network and Nilesat in Cairo had halted its broadcasting. In a statement on Wednesday, it said Arabsat later resumed broadcasting, before halting it again. It did not give details.

The Saudi/Iran hatefest is definitely must-watch TV.

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Obese PalArabs beg Abbas for surgery

Now that Mahmoud Abbas has personally sponsored weight-loss surgery for a morbidly obese man in the territories, he may have opened up the floodgates of fat.

Firas Press reports on a woman who lives near Ramallah who weighs over 400 kg - nearly 900 pounds! She heard about Abbas largesse for the large and is now demanding the same for herself.

40 year old Fadwa Ahmad Jibril Alrushdi has been stuck in her bed for six years now. She is demanding help, saying that she has gained 50 kg just since last Ramadan!

Poor Abbas. Now every fat PalArab will be bugging him for their right to surgery, and he'll have to figure out new ways to cook the books so that EU and US money will go to help them.

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Hamas leader grovels for Saudi forgiveness

Firas Press publishes a letter from Hamas "political" leader Khaled Meshal to Saudi King Abdullah, where he politely grovels and begs for a meeting.

The letter says, in part,

I have written you a letter from my heart and mind, in the month of Ramadan two years ago, and knocked on your door many times, but have only received silence. Do you know - may God prolong your age -- Why all this insistence (not to speak to me)?

First, we have confidence and good thoughts for you, you are by virtue of your great qualities of dignity and a genuine spirit of Islamic, Arab, and the special status of the Kingdom on the Arab, Islamic and international levels, as you have become the subject of hope for many of the sons of Arabs and Muslims, and we are the sons of Palestine, where the Al Aqsa Mosque is, which is the brother of the soul of the Two Holy Mosques!!

I cannot translate the whole thing but it is filled with flowery language and compliments.

Meshal makes clear that he knows exactly why he has been spurned: firstly because of how Hamas acted after the last unity agreement that Saudi Arabia brokered, and secondly because of Hamas' close ties with Iran.

As we have noticed many times before, the Gulf nations seem to have had lost their patience with the Palestinian issue years ago. While they will publicly proclaim their solidarity, years of not paying their pledges to help speak louder than words. And Hamas is regarded in even lower terms than the PA because of its ties to the Muslim Brotherhood, its Gaza coup and its ties to the Shiites in Iran.

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Hamas says it will sue Israel for "organ harvesting"

Hamas has embraced lawfare in a big way.

According to Ma'an:

The de facto government in the Gaza Strip began collecting the testimonies of families whose sons reportedly had their organs harvested by Israeli soldiers, Gaza's Minister of Justice Muhammad Faraj Al-Ghoul said Wednesday.

"We have started collecting documents and information which prove that the Israeli occupation has stolen the body parts of martyrs. We intend to prepare a complete legal file to be used in suits against the Israeli government in international courts,” Al-Ghoul told reporters in Gaza.

The announcement follows months of on and off accusations and a building pile of reports from Israeli and international reporters alleging a series of incidents involving the theft of organs from young men in Israeli custody.

Al-Ghoul said announcements would be printed in the local papers asking families and victims of the harvesting come forward and testify at the offices of the ministry.

Even without a single credible witness, Hamas wins a PR victory.

I am not a fan of lawfare on either side, but if it is a weapon in a war it seems silly to cede the weapon completely to the other side.

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Funny: Arab MKs defining "refugees"

Palestine Today reports that the Knesset passed a motion that any future peace deal with Arab countries include compensation for Jewish refugees.

Two Arab MKs, Talab El-Sana and Jamal Zahalka, objected - because they don't think there were any Jewish refugees from Arab countries!

Zahalka's argument is nonsensical. He claims that the word "refugee" refers only to people who are forced to leave their country against their will, and that they must want to return to that country. The only problem is that this is a complete fabrication, as the UN definition of "refugee" is "any person who is outside their country of origin and unable or unwilling to return there or to avail themselves of its protection, on account of a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular group, or political opinion."

It is not news when a politician lies, but to lie so egregiously seems to be the particular skill of Palestinian Arab politicians.

El-Sana said that by the UN's definition of the word "refugee" the Jews wouldn't qualify, because they weren't seeking asylum from persecution. This is news to the hundreds of thousands of Jews from Arab countries whose lives turned into hell after 1948. It is also amusing to hear a Palestinian Arab try to talk about the definition of "refugee" when the real definition of "refugee" would exclude nearly all Palestinian Arabs alive today.

As the quoted article notes laconically that "For particular, political reasons, the Convention puts Palestinian refugees outside its scope..." So for El-Sana to quote the UN definition of refugees when his own people do not qualify is just another example of how, to Palestinian Arabs, laws are malleable to their own desires.

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The independence of the IDF's Military Advocate General corps

Many people have criticized the IDF's military justice system as not possibly being independent and fair, being that it is a part of the IDF. They use this as evidence that, for example, the upcoming rebuttal of the Goldstone report cannot be unbiased.

In fact, the IDF's Military Advocate General and the MAG Corps are completely independent. They do not report to the IDF structure; rather they report to the government directly. The leader is appointed by the Minister of Defense.

As the MAG webpage describes him:

The Military Advocate General is a member of the General Staff, but has complete legal independence and is not subject to the direct orders of the Chief of Staff or other superior officers.

The Military Advocate General is appointed by the Minister of Defense on the recommendation of the Chief of Staff.

The decisions and legal opinions of the Military Advocate General are considered determinative in all areas relating to law and the military and must be adhered to by all bodies of the military.

As the State of Israel's report on Cast Lead put it:

IDF military lawyers were involved in advising commanders on international law aspects of the Gaza Operation. The IDF structure ensures that the IDF legal advisors can provide frank and professional advice. All legal advisers belong to the MAG Corps and are not subordinate to the commanders they advise. According to Israeli law, the head of legal services in the IDF, the Military Advocate General has an independent status outside the military hierarchy in relation to all legal issues. In principal legal aspects the MAG is subject to the guidance and supervision of Israel’s Attorney-General and regularly consults with the Attorney General. In addition, IDF activities, including during active combat, as well as all MAG and Attorney General decisions are subject to judicial scrutiny and review by Israel’s Supreme Court sitting as the High Court of Justice. As discussed below in Section V.C(5)(c), the High Court of Justice regularly reviews such activities and decisions, and intervenes in appropriate cases.

...Israel’s legal and judicial apparatus is fully equipped and motivated to address alleged violations of national or international law by its commanders and soldiers. Such allegations are reviewed through a multi-tiered system of independent and impartial proceedings before Israeli investigative, administrative and judicial authorities, including Israel’s highest judicial instance, the Israeli Supreme Court.

Israel has a military justice system that operates within the IDF but is professionally independent. The military justice system is based primarily on the Military Justice Law of 1955, a comprehensive statute which governs the investigation of misconduct and indictment and prosecution of offenders and establishes the Court Martial system. The military justice system empowers the Military Advocate General to try soldiers not only for unique “military” offences (such as absence without leave, conduct unbecoming an officer, etc), but also for ordinary criminal offences under Israel’s Penal Law, 1973. Any and all allegations regarding offences committed by IDF personnel, and related to the military, are dealt with through this multi-tiered system, including allegations regarding improper conduct on the battlefield.

The IDF system of review includes three main components: the Military Police Criminal Investigation Division (“MPCID”), the Military Advocate General’s Corps (“MAG”), and the Military Courts. The MAG Corps and Military Courts are both independent from the IDF command hierarchy, are subject only to the law, and are also entirely independent from one another.

It is worth noting that the MAG Corps was established as a completely independent entity some 55 years ago.

A number of years ago, anti-Israel activists tried to get Spanish courts to prosecute Israelis for actions that occurred in Gaza, under Spain’s Universal Jurisdiction statute, using the argument that the internal IDF judicial system cannot investigate the IDF indpendently. Last summer, the Criminal Chamber of the National Court of Spain threw the case out. As the Cast Lead report mentions:

The Criminal Chamber of the National Court of Spain emphasised Israel’s ability to fully and fairly investigate the charges itself. It held that Israeli procedures and decisions with regard to the legality of preventive strikes under international law, and the military, civilian and judicial review in Israel of the Shehadeh incident, comport with the principle of complementarity, as the State of Israel is a democratic country where the rule of law applies.

The group that created the rebuttal to the Goldstone Report due out this week is headed by a former IDF chief intelligence officer and the MAG was a part of the task force he led to help ensure independence in the project.

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Dershowitz rips apart Goldstone

45 pages of damning critique:

The Goldstone Report, when read in full and in context, is much worse than most of its detractors (and supporters) believe. It is far more accusatory of Israel, far less balanced in its criticism of Hamas, far less honest in its evaluation of the evidence, far less responsible in drawing its conclusion, far more biased against Israeli than Palestinian witnesses, and far more willing to draw adverse inferences of intentionality from Israeli conduct and statements than from comparable Palestinian conduct and statements. It is worse than any report previously prepared by any other United Nations agency or human rights group. As Major General Avichai Mandelblit, the advocate general of the Israeli Defense Forces, aptly put it:

“I have read every report, from Human Rights Watch, Amnesty International, the Arab League. We ourselves set up investigations into 140 complaints. It is when you read these other reports and complaints that you realize how truly vicious the Goldstone report is. He made it look like we set out to go after the economic infrastructure and civilians, that it was intentional: It’s a vicious lie.”[2]

The Goldstone report is, to any fair reader, a shoddy piece of work, unworthy of serious consideration by people of good will, committed to the truth.

... It is poorly written, obviously drafted by several different hands and without the benefit of a good overall editor. It is laden with internal inconsistencies, shoddy citations of authority, and overall poor craftsmanship. If a camel is a horse designed by a committee, this report lacks even the grace of a dromedary. Most of the commentary on the report, both pro and con, seems to be based on its somewhat sanitized summary and conclusion. Some of the worst mistakes are buried very deep in the report, many of the most serious ones toward the end.

I have read every word of the report and compared different sections. I have offered to debate Goldstone about its contents. He has refused, as he has generally refused to respond substantively to credible critics of the report. My offer to debate still stands. If he refuses, as I expect he will, let him at least respond to the serious legal, factual and moral criticisms contained in this study and others.[3] As the head of the mission and the report’s most visible public defender, Goldstone has a public obligation to respond to responsible criticism, which to date, he has not done.

In the coming week, the Secretary-General of the United Nations will present a compilation of responses to the Goldstone Report.[4] I am submitting this analysis for inclusion.

Most of Dershowitz's findings are things we have seen before, but he presents it well, focused on the report's flawed methodology and clear bias. Read the whole thing.

UPDATE: I just noticed that Dershowitz quoted Hosem.org for a list of militants who were classified as civilian. The Hosem people wanted to use my team's research and video, but they wanted an exclusive, which I was not willing to do. So I told them my methodology and they essentially re-did my and my team's work, using only the Al Qassam Brigades website. They did a nice job, though.

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