Crimes against Humanity Warranting Prosecution of the Guilty, Not Blame for the Victims…
by FRANKLIN LAMB
(Yarmouk Palestinian Camp, Damascus) - At the Palestine Embassy in Beirut recently, a young lady showed this observer a video of a gentleman in Yarmouk camp in Damascus. The video showed the man killing and eating a cat. Food ran out in Yarmouk weeks ago, and nearly 18,000 refugees are facing death from starvation and other conflict-related causes. This siege has been ongoing since July 2013, and it has become viciously lethal.
The Palestinians living here have been targeted. They are part of the quarter million people—children, women, and men—trapped and dying from hunger and illness all across Syria as a direct, predictable result of using the siege of civilians as a weapon of war. It isn’t just Yarmouk. Throughout Syria, neighborhoods are being blockaded. Residents are running out of supplies, unable to get basic services. Among the Syrian towns under siege at this time are Nubul and Al-Zahraa in Aleppo province, the old city of Homs, and the towns of Eastern Ghouta, Daraya and Moadamiyet al-Sham in rural Damascus.
Truly a crisis of horrifying proportions, yet perhaps nowhere is this more the case than in the systematic starvation of Palestinian refugees in Yarmouk camp, where this past week eight more Palestinians died from malnutrition. These include 80-year-old, Jamil al-Qurabi, 40-year-old, Hasan Shihabi, and a 50-year-old woman named Noor. In addition, 10-year-old Mahmoud al-Sabbagh and two 19-year-olds—Majid Imad Awad and Ziad al-Naji—were killed while protesting the blockade of the camp. And reports have also emerged that two other men, Muhammad Ibrahim Dhahi and Hasan Younis Nofal, were tortured and killed.
In December 2013, UNRWA Commissioner-General Filippo Grandi, issued a statement concerning the situation in Yarmouk camp, in which he said: “Since September 2013 we have been unable to enter the area to deliver desperately needed relief supplies.”
Based on conversations with Palestinians who were able to literally crawl out of the area from sewage pipes on the South side of Yarmouk, more than 100 people, as of 1/15/14, have died from starvation in the past four months—that is since mid-August 2013. Other causes of death have included three dozen cases of death by dehydration, and also malnutrition (differing slightly from starvation in that it pertains to inadequate nutrition rather than a total absence of ingestible substances) (you still die from it, though). More than three dozen miscarriages have also resulted from the food shortages, while infants have succumbed due to lack of milk. There have also been deaths by hypothermia for lack of fuel, and recently I spoke with a gentleman whose niece, an infant girl, died of suffocation in her neonatal intensive care unit due to a power cut.
In January of 2013 the UN estimated that one million people needed urgent humanitarian assistance. Today, twelve months later, the figure is nearly ten million. That assessment is from UN Secretary General Ban Ki-moon, who spoke last week at yet another aid conference. A commission of inquiry set up by the UN Human Rights Council has found war crimes, crimes against humanity, and gross human rights violations committed in Syria on a daily basis. According to its conclusion, “All sides in the conflict have shown a total disregard for their responsibilities under the international humanitarian and human rights law.”
International law relevant to situations of this nature was created specifically to stop the targeting of civilians. Its principles, standards and rules demand that such targeting cease, and they call for the prosecution of perpetrators irrespective of which side in the civil war in Syria they may support. A civil war is an armed conflict located on the territory of one state, between the armed forces of the State and dissident armed forces or other organized armed groups under responsible command. These are groups that maintain control over part of the land, or that are able to carry out armed operations of a continuous and coordinated nature. The applicable statutes include Common Article 3 of Protocol II (1977) the Geneva Conventions of 1949. Whether it is regime armed forces and their allies, or anti-government militia, both are legally bound to respect the Geneva Conventions and must lift the siege on Yarmouk. If not, they risk prosecution at an existing international court or at a possible Special Tribunal for Syria being contemplated among some at the United Nations.
The following is from Additional Protocol II to the Geneva Conventions of 12 August 1949: Part IV: Civilian Population:
Article 13. PROTECTION OF THE CIVILIAN POPULATION.
1. The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations.
To give effect to this protection, the following rules shall be observed in all circumstances.
2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited.
3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a direct part in hostilities.
Article 14. PROTECTION OF OBJECTS INDISPENSABLE TO THE SURVIVAL OF THE CIVILIAN POPULATION. Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as food stuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works.
Article 15. PROTECTION OF WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES. Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population.
This body of international law requires that all warring parties immediately end the siege of Yarmouk and allow the entry of food supplies, while permitting those who want to leave the camp to do so. The safety of those who wish to return to their homes is also mandated. Additionally the law requires guarantees of safe passages to relief teams, UN fact finding missions, and unobstructed entry of medicines, medical staff and medical equipment. Those today who are preventing this are subject to international criminal prosecution, and as noted above, they are subject to future prosecution at any time, as the level and nature of their crimes prevent the application of any Statute of Limitations.
According to human rights activists, attempts to evacuate civilians from Yarmouk camp failed in spite of efforts and agreements between the Syrian government and the Palestinian Liberation Organization (PLO). Those attempting to leave were arrested, in some cases with serious bodily and mental harm inflicted on them. Others were shot at near the camp’s entry points. This occurred particularly in the last two months of 2013 and early January 2014. Several agreements between the warring parties, being the Syrian government forces and the rebels assaulting Yarmouk, have not been honored by either. Attempts to evacuate civilians from Yarmouk have consistently failed in spite of efforts and agreements between the regime and the PLO, and some who attempted escape were arrested, beaten or shot at.
The several attempts to lift the siege usually include versions of the following language from Yarmouk’s Popular Committee that “based on our principled position of positive neutrality and keeping the Palestinians and their camps out of the confrontations in Syria, we propose that all the Palestinian camps – and Yarmouk camp in particular – be secure and safe areas, free of weapons and fighters, by taking the following steps:
– End all public display of weapons and fighters, with guarantees to those who wish to do so.
– Avoid the use of the camps as areas of confrontation and cease all forms of fighting, including sniping and shelling.
– Allow the free movement of people, food, medical supplies and vehicles in and out of the camp, which will encourage the return of the displaced to their homes.
– Restore services, including electricity, water, telecommunications, schools, and hospitals.
– Provide amnesty to all those camp residents who have been detained if their involvement in the fighting cannot be confirmed.”
Despite an official policy of neutrality announced by Palestinian President Mahmoud Abbas, and despite also unequivocal statements by Palestinian delegations acquitting the regime of any responsibility in the besieging, bombing and targeting of the camp and its inhabitants, it has not been enough to ensure the entry of humanitarian aid convoys.
But there is hope that relief may come. Against the backdrop of accusations and condemnations being circulated, many are looking to Russia to step in and, much as it did when it induced the Assad government to get rid of its chemical weapons, pressure the government to at least lift its own part of the siege.
There are critics of the idea, however. Mr. Ibrahim Amin, Editor in Chief of Lebanon’s Al Akbar daily newspaper, argues that somehow because Palestinians have been given many more civil rights in Syria than, for example, Lebanon—which to Syria’s great credit is true—then the refugees must somehow be at fault for their own slaughter and siege at Yarmouk. It is nonsense, of course, as also is his statement that, “In Syria, Palestinians were citizens.”—nonsense because, for example, Palestinians cannot vote in Syrian elections. Amin should know this, and he should know that they have never been made citizens of Syria, for this is common knowledge.
Nevertheless, writing in the January 13 issue of his newspaper, Editor Amin piles blame on the victims, rather than the perpetrators, by seeming to argue that they deserved it—the babies dying of malnutrition, the people suffering from dehydration and disease caused by the siege of their camp. He demands to know, “What pushed Palestinians in this camp to believe in toppling Bashar al-Assad? No sane person ever figured that much of the camp would raise their weapons in the face of Syria.”
More nonsense from the Editor-in-Chief since virtually every Palestinian organization and leader, and virtually every resident living in any one of UNWRA’s 54 camps, including the ten in Syria, have repeatedly proclaimed their non-involvement in the Syria conflict. Presumably in his line of work Mr. Amin would know this. And presumably, if he took the time to speak to any Palestinians about the conflict in Syria, he would likely be advised that they are grateful to the Syrian people for hosting them. He might also be advised that they regret that some of their leaders got involved with the conflict in Iraq under Saddam Hussein, since innocent Palestinian civilians paid dearly, and that they will not repeat the mistake in Syria. It is a fact that some individual Palestinians, following the intense December 12-17, 2012 shelling and bombing of parts of Yarmouk, turned against those who were blamed for targeting them.
“Those who stayed are the ones who refused to go through a new displacement, as well as members of armed groups and their families,” Mr. Amin states, though without offering any evidence. He goes on: “In a few months the camp was transformed into a haven for groups like the Islamic State of Iraq and Syria (ISIS) and al-Nusra Front.” Again his assertions are false and politically motivated. Those who stayed are overwhelmingly those refugees who cannot escape. The Syrian army to its credit has not invaded the camp, but it does surround and seals most of it. Some rebel groups are hiding inside and terrorizing the camp.
It is egregious for Mr. Amin to misrepresent the facts of Palestinian neutrality in Syrian camps; it is doubly egregious for him to do so apparently wishing to gain approval from Syrian or Resistance leaders. Neither is likely to be other than embarrassed by Mr. Amin’s gross misrepresentations or his gratuitous ad hominem attacks on refugee camp victims of war crimes. The Editor-in-Chief’s distortions do not help the Resistance but rather harm it. As does his insistence that the murder of Lebanon’s former Prime Minister Rafik Hariri eight years ago was done with a ‘secret missile’ fired from the Zionist regime occupying Palestine. There are a fair number of “Resistance groupies” and bloggers, well-meaning perhaps, but who in many cases actually aid enemies of the Resistance through their clumsy attempts at water carrying while ignoring reality.
But there is good news awaiting Mr. Amin if he will accept an invitation from one who considers himself to have been “Hezbollah” long before the 1985 “Open Letter” announcing the organizing of the Party of God next to where this observer gets his motorbike repaired in Ouzai. That is to say “Hezbollah” in the sense that since studying international law in law school this observer has supported the liberation of Palestine while rejecting the last of the 19th century’s colonial enterprise still occupying Palestine, and in the sense that this observer shares Hezbollah’s resistance goals and their declared responsibility to continue the struggle until achieving the full Right of Return. Oh yes, to be sure, this observer is not a card-carrying member of the Resistance, as I want to remind dear friend Jeff Feltman, who swore at an embassy Christmas party a while back that “Lamb faces ten years hard time in the feds when he dares to set foot on American soil for hobnobbing with terrorists”—though given the fact that Jeff had been imbibing some Christmas cheer when he made that statement to an embassy staffer, he has perhaps forgotten it now, which would be good news.
But at any rate, for Mr. Amin, here is what a fellow supporter of the Resistance is willing to do to possibly help him re-assess his conclusion about what is going on in Yarmouk: I invite Mr. Amin to appear in the lobby of the Dama Rose hotel in Damascus at 9 a.m. sharp on January 24. I will buy him breakfast, and as we dine, two contacts from Yarmouk will brief him on our morning program—a program that will include Mr. Amin discretely accompanying us to the south side of Yarmouk, where, depending on conditions that morning, we will arrive in front of the Zakerin Mosque in Al-Buweida, maybe 300 yards from the Az-Zain neighborhood. Mr. Amin will then need to join us crawling through a rather claustrophobic and smelly 30” diameter drain pipe that is approximately 40 yards in length. We will at this point hopefully end up safely in the basement of “Abu Ali’s” remaining half-house, where several refugees are still trapped. Mr. Amin can also visit with others next door. He should bring some cash, however, because his host doesn’t have much and we may need a bit to bribe a couple of gun-kids from one of the militias to facilitate our exit in case we are ratted out, so to speak.
Finally Mr. Amin will be able to see for himself, and listen to direct testimony, about what presently is, and has been, happening inside Yarmouk. He can ask the weakened residents about the conclusions he confidently presented in his Al Akbar article in which he claimed that the Yarmouk tragedy and crimes are their fault, or, as he so confidently put it, “Today, the unfolding events (in Yarmouk) are 100 percent a Palestinian responsibility.” He may be surprised at what he learns about camp residents still trapped there, people scrabbling to feed themselves, and who have had no say or active role in the deplorable events that have overtaken them.
Just maybe, then, Mr. Amin will be motivated to edit a bit his earlier ridiculous broadside attacking the victims of the Yarmouk siege. And should he feel any contrition, maybe he will devote some of his energy and space in his newspaper to actually working for two elementary civil rights for Palestinians in Lebanon—the right to work and home ownership. Their achievement will benefit Lebanon and the Resistance, both of which Mr. Amin claims to support.
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About the Author
Franklin Lamb , a former Assistant Counsel of the US House Judiciary Committee at the US Congress and Professor of International Law at Northwestern College of Law in Oregon, earned his Law Degree at Boston University and his LLM, M.Phil, and PhD degrees at the London School of Economics. Lamb is Director, Americans Concerned for Middle East Peace, Beirut-Washington DC, Board Member of The Sabra Shatila Foundation (sssp-lb.org), and a volunteer with the Palestine Civil Rights Campaign, Lebanon. He is the author of The Price We Pay: A Quarter-Century of Israel’s Use of American Weapons Against Civilians in Lebanon. He can be reached at: fplamb@gmail.com He is a regular contributor to Intifada Palestine, is doing research in Lebanon
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