A Short History of Collective Punishment: From the British Empire to Gaza

"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," writes Stanley Cohen.
He also writes, "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.”

As to the Palestinians, he writes:
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.
....
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.
Stanley L. Cohen is lawyer and activist in New York City.
To read his full article, click here.

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