Category Archives: United Nations

I am standing with UNRWA

President Trump has decided to cut funding to the U.N. agency that supports Palestinian refugees from $350 million in 2017 to $60 million.

I’m standing with UNRWA. I’m condemning this US Administration. My members of Congress are going to hear loud and clear “restore the funding for Palestinian refugees NOW!”. #FundUNRWA

Statement of Commissioner-General:

Not for the first time in its proud history, UNRWA faces a formidable challenge in upholding its mandate – an expression of the will of the international community – and preserving key services like education and health care for Palestine Refugees.

Today, the US government has announced a contribution of $60 M, in support of our efforts to keep our schools open, health clinics running, and emergency food and cash distribution systems functioning for some of the world’s most vulnerable refugees. While important, this funding is dramatically below past levels. The total US contribution in 2017 was above $350 M.

Since UNRWA began its operations in May 1950, every US administration – from President Truman onwards – has stood with and provided strong, generous and committed support to our Agency. The US has consistently been UNRWA’s largest single donor, something we sincerely thank the American people for, and countless American decision-makers – presidents, members of Congress, diplomats and civil servants, who embodied the commitment of assisting a vulnerable people through UNRWA.

Funding UNRWA or any humanitarian agency is the discretion of any sovereign member state of the United Nations. At the same time, given the long, trusted, and historic relationship between the United States and UNRWA, this reduced contribution threatens one of the most successful and innovative human development endeavors in the Middle-East.

At stake is the access of 525,000 boys and girls in 700 UNRWA schools, and their future. At stake is the dignity and human security of millions of Palestine refugees, in need of emergency food assistance and other support in Jordan, Lebanon, Syria, and the West Bank and Gaza Strip. At stake is the access of refugees to primary health care, including pre-natal care and other life-saving services. At stake are the rights and dignity of an entire community.

Olive harvest and children

The reduced contribution also impacts regional security at a time when the Middle East faces multiple risks and threats, notably that of further radicalization.

In addition, the US government has consistently commended our high-impact, transparency and accountability. This was reiterated, once again, during my latest visit to Washington in November 2017, when every senior US official expressed respect for UNRWA’s role and for the robustness of its management.

 

Faced with the responsibility to preserve operations while now confronted with the most dramatic financial crisis in UNRWA’s history, as Commissioner-General, I am today:

• Calling on the Member States of the United Nations to take a stand and join UNRWA in saying to Palestine Refugees that their rights and future matter.

• Calling on our partners – the host countries and our donors including those in the region – to rally in support and join UNRWA in creating new funding alliances and initiatives to ensure Palestine Refugee students continue to access education in our schools and the dignity of Palestine refugee children and their families is preserved through all our services.

2013-05-05-21-01-541

• Calling on people of good will in every corner of the globe where solidarity and partnerships exist for Palestine Refugees to join us in responding to this crisis and #FundUNRWA to ensure that Palestine Refugee girls and boys can stand strong.

• Launching in the next few days a global fundraising campaign to capture the large-scale commitment to keeping our schools and clinics open throughout 2018 and beyond.

At this critical time, I also turn to:

• Palestine Refugees in all of our fields of operations and say: we are working with absolute determination to ensure that UNRWA services continue.

• the students in our schools for example in Aleppo and Damascus, Syria, in Burj El Barajneh and Rashidieh, Lebanon, in Zarka and Jerash, Jordan, in Jenin and Hebron, West Bank, in Jabalyia and Khan Younis, Gaza, to the boys and girls in all Palestine refugee camps and communities, I say: the schools remain open so you can receive your cherished education and remain confident that the future also belongs to you.

• the patients in our clinics, the recipients of our relief, social services, micro-finance and other forms of support, I say you will receive the care and assistance to which you are entitled.

• UNRWA’s full-time 30,000 professional and experienced staff – doctors, nurses, school principals and teachers, guards and sanitation laborers, social and psychosocial workers, administrative and support staff: be at your duty stations to serve the community with the same dedication and commitment that you have always shown. This is a moment for internal cohesion and solidarity. Times are very critical but we will do our utmost to protect you.

We see a Middle-East where conflict, violence and polarization remain ever present and impact the lives of millions of people. We observe a world in which anger reigns, not trust; a world in which power frequently rules, not justice; a world in which what divides is often valued more than what unites, includes and brings together.

The state of the world and the situation of Palestine Refugees is however far too serious and important, to allow ourselves to indulge in pessimism or despair. UNRWA stands for hope, for respect of rights and for dignity. When things are difficult, our determination grows. When the way seems lost, we invest all our energy in search of new paths, keeping our eyes on the horizon and looking for different solutions.

I recall the profound responsibility assumed by the international community of states to assist the Palestine refugees, until a just and lasting solution is found to their plight and the Middle East can finally put this cruel conflict behind it. I also give homage to people of good will around the world who have shown solidarity with Palestine Refugees when they need it most. Now more than ever, the refugees need your support.

Let us draw our strength from the Palestine Refugees who teach us every day that giving up is not an option. UNRWA will not give up either. I ask you to stand with us.

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I am standing with UNRWA

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Filed under Politics, Uncategorized, United Nations, US Policy

Palestinian child prisoners – H.R. 4391

Betty McCollum

Rep. Betty McCollum

A brave Congresswoman from Minnesota (Betty McCollum) recently introduced a bill to end the Israeli military detention of Palestinian children.  H.R. 4391

GovTrack predicts it has less than a 5% chance of passing. So why would she subject herself to the inevitable vitriol from Zionists and ardent supporters of Israel with those odds?  Because real leaders don’t do what’s expedient, they do what’s right.

 

Cowardice asks the question – is it safe?

Expediency asks the question – is it politic?

Vanity asks the question – is it popular?

But conscience asks the question – is it right?

And there comes a time when one must take a position that is neither safe, nor politic, nor popular; but one must take it because it is right.  Martin Luther King, Jr.

Twelve other members of Congress acting from a place of conscience have cosponsored the bill as of this date. I’m going to ask my Congresswoman Lujan-Grisham to sign on.

Blumenauer, Earl [D-OR3] (joined Nov 14, 2017)
Carson, André [D-IN7] (joined Nov 14, 2017)
Conyers, John [D-MI13] (joined Nov 14, 2017)
Davis, Danny [D-IL7] (joined Nov 14, 2017)
DeFazio, Peter [D-OR4] (joined Nov 14, 2017)
Grijalva, Raúl [D-AZ3] (joined Nov 14, 2017)
Gutiérrez, Luis [D-IL4] (joined Nov 14, 2017)
Pingree, Chellie [D-ME1] (joined Nov 14, 2017)
Pocan, Mark [D-WI2] (joined Nov 14, 2017)
Jayapal, Pramila [D-WA7] (joined Nov 15, 2017)
Johnson, Eddie [D-TX30] (joined Nov 15, 2017)
Khanna, Ro [D-CA17] (joined Nov 15, 2017)

In a world where the Rights of the Child should not be controversial, and protecting those rights should be as easy as protecting Grandma’s apple pie, the U.S. Congress will be avoiding H.R. 4391 like a hot potato.

The bill is short and reads like a homework assignment in human rights.  Share it with your member of Congress and ask where they fall on Martin Luther King, Jr’s spectrum. Are they a coward or a person of conscience?

A BILL

To require the Secretary of State to certify that United States funds do not support military detention, interrogation, abuse, or ill-treatment of Palestinian children, and for other purposes.

Short title

This Act may be cited as the Promoting Human Rights by Ending Israeli Military Detention of Palestinian Children Act.

Findings

Congress finds the following:(1) Israel ratified the Convention on the Rights of the Child on October 3, 1991, which states—

(A) in article 37(a), that no child shall be subject to torture or other cruel, inhuman or degrading treatment or punishment;

(B) in article 37(b), that the arrest, detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of time;

(C) in article 37(c), that every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age; and

(D) in article 37(d), that [e]very child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

(2) In the Israeli-occupied West Bank, there are two separate legal systems, with Israeli military law imposed on Palestinians and Israeli civilian law applied to Israeli settlers.

(3) The Israeli military detains around 500 to 700 Palestinian children between the ages of 12 and 17 each year and prosecutes them before a military court system that lacks basic and fundamental guarantees of due process in violation of international standards.

(4) Approximately 2,700,000 Palestinians live in the West Bank, of which around 47 percent are children under the age of 18, who live under military occupation, the constant fear of arrest, detention, and violence by the Israeli military, and the threat of recruitment by armed groups.

(5) Since 2000, an estimated 10,000 Palestinian children have been detained by Israeli security forces in the West Bank and prosecuted in the Israeli military court system.

(6) Children under the age of 12 cannot be prosecuted in Israeli military courts. However, Israeli military forces detain children under the age of 12 and question them, for several hours, before releasing them to their families or to Palestinian authorities.

(7) Human Rights Watch documented, in a July 2015 report titled Israel: Security Forces Abuse Palestinian Children, that such detentions also included the use of chokeholds, beatings, and coercive interrogation on children between the ages of 11 and 15 years.

(8) The United Nations Children’s Fund (UNICEF) concluded, in a February 2013 report titled Children in Israeli Military Detention,that the ill-treatment of children who come in contact with the military detention system appears to be widespread, systematic and institutionalized through­out the process, from the moment of arrest until the child’s prosecution and eventual conviction and sentencing.

(9) The 2013 UNICEF report further determines that the Israeli system of military detention of Palestinian children profoundly deviates from international norms, stating that in no other country are children systematically tried by juvenile military courts that, by definition, fall short of providing the necessary guarantees to ensure respect for their rights.

(10) UNICEF also released reports in October 2013 and February 2015 noting that Israeli authorities have, since March 2013, issued new military orders and taken steps to reinforce existing military and police standard operating procedures relating to the detention of Palestinian children. However, the reports still found continued and persistent evidence of ill-treatment of Palestinian children detained by Israeli forces.

(11) In 2013, the annual Country Report on Human Rights Practices for Israel and the Occupied Territories (Annual Report) published by the Department of State noted that Israeli security services continued to abuse, and in some cases torture minors, frequently arrested on suspicion of stone-throwing, in order to coerce confessions. The torture tactics used included threats, intimidation, long-term handcuffing, beatings, and solitary confinement.

(12) The 2013 Annual Report also stated that signed confessions by Palestinian minors, written in Hebrew, a language most could not read, continued to be used as evidence against them in Israeli military courts.

(13) The 2016 Annual Report noted a significant increase in detentions of minors in 2016, and that Israeli authorities continued to use confessions signed by Palestinian minors, written in Hebrew. It also highlighted the renewed use of administrative detention against Palestinians, including children, a practice in which a detainee may be held indefinitely, without charge or trial, by the order of a military commander or other government official.

(14) The nongovernmental organization Defense for Children International Palestine collected affidavits from 429 West Bank children who were detained between 2012 and 2015, and concluded that—

(A) three-quarters of the children endured physical violence following arrest;

(B) under Israeli military law, children do not have the right to a lawyer during interrogation;

(C) 97 percent of the children did not have a parent present during their interrogation;

(D) 84 percent of the children were not properly informed of their rights by Israeli police;

(E) interrogators used stress positions, threats of violence, and isolation to coerce confessions from detained children; and

(F) 66 children were held in pre-trial, pre-charge isolation for interrogation purposes for an average period of 13 days.

(15) Amendments to Israeli military law concerning the detention of Palestinian children have had little to no impact on the treatment of children during the first 24 to 48 hours after an arrest, when the majority of their ill-treatment occurs.

(16) In 2002, the United Nations Committee on the Rights of the Child, which monitors implementation of the Convention on the Rights of the Child, reviewed Israel’s compliance with the Convention and expressed serious concern regarding allegations and complaints of inhuman or degrading practices and of torture and ill-treatment of Palestinian children during arrest, interrogation, and detention.

(17) In 2013, the Committee declared that Palestinian children arrested by Israeli forces continue to be systematically subject to degrading treatment, and often to acts of torture and that Israel had fully disregarded the previous recommendations of the Committee to comply with international law.

Purpose

The purpose of this Act is to promote and protect the human rights of Palestinian children and to ensure that United States taxpayer funds shall not be used to support the military detention of Palestinian children.

Sense of Congress

It is the sense of Congress that the detention and prosecution of Palestinian children in a military court system by the Government of Israel—

(1) violates international law and internationally recognized standards of human rights;
(2) is contrary to the values of the American people and the efforts of the United States to support equality, human rights, and dignity for both Palestinians and Israelis;
(3) undermines efforts by the United States to achieve a just and lasting peace between Israel and the Palestinians; and
(4) should be terminated and replaced with a juvenile justice system in which Israeli authorities do not discriminate between the treatment of Israeli and Palestinian children and that adheres to internationally recognized standards of human rights and obligations.

Statement of policy

It is the policy of the United States not to support the military detention of Palestinian children, a practice that results in widespread and systematic human rights violations against Palestinian child detainees and is inconsistent with the values of the United States.

Prohibition on United States funds to support military detention of Palestinian children

(a) Prohibition

Notwithstanding any other provision of law, none of the funds authorized to be appropriated for assistance to Israel may be used to support the military detention, interrogation, abuse, or ill-treatment of Palestinian children in violation of international humanitarian law or to support the use against Palestinian children of any of the following practices:

(1) Torture or cruel, inhumane, or degrading treatment.
(2) Physical violence, including restraint in stress positions.
(3) Hooding, sensory deprivation, death threats, or other forms of psychological abuse.
(4) Incommunicado detention or solitary confinement.
(5) Administrative detention, as described in section 2(13).
(6) Denial of access to parents or legal counsel during interrogations.
(7) Confessions obtained by force or coercion.
(b) Certification

Not later than October 15, 2018, and annually thereafter, the Secretary of State shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate—

(1) a certification that none of the funds obligated or expended in the previous fiscal year for assistance to the Government of Israel have been used by such Government to support personnel, training, lethal materials, equipment, facilities, logistics, transportation or any other activity that supports or is associated with any of the activities prohibited under subsection (a); or
(2) if the Secretary cannot make such a certification, a report describing in detail the amount of such funds used by the Government of Israel in violation of subsection (a) and each activity supported by such funds.
(c) Additional matter in existing reports

The Secretary of State shall include, in each report required under section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n), a description of the nature and extent of detention, interrogation, abuse, or ill-treatment of Palestinian children by Israeli military forces or police in violation of international humanitarian law.

Olive harvest and children

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Israel has crossed the red line – no longer the lawful occupant of the Palestinian Territories

When is enough, enough under international law?

michael_lynk

Special Rapporteur S. Michael Lynk

That’s the question that the UN rapporteur for human rights in the occupied territories, S. Michael Lynk, asked and answered in his report to the U.N. General Assembly in October 2017.

Lynk is a Canadian professor of law and human rights expert. His words should carry some umpf! in the international community, if not with Israeli officials who have persistently refused to accept more than 40 UN resolutions over the past half century pertaining to the occupied territories.

To summarize this 22 page report, which should be required reading for everyone interested in the future of Israel and Palestine, Professor Lynk is opening a new (legal) chapter in Israel’s occupation of East Jerusalem, the West Bank, and the Gaza Strip.

He is making the case for recognizing Israel as an illegal occupier, and calling on the international community to use all of the tools in its toolbox to end this illegal occupation.

Israel denies that it’s occupying Palestine, despite the contrary opinion of the rest of the world. (Israeli deputy foreign minister denies Palestinians live under occupation: ‘This is Judea and Samaria’)

Loss of Land

“The Israeli occupation has become a legal and humanitarian oxymoron: an occupation without end,” Professor Lynk writes. It is the longest-running military occupation in the modern world.

The inability to end the Israeli occupation has been an abject failure of international diplomacy, a darkening stain on the efficacy of international law and the source of multiple broken promises to the Palestinian people. Nor does the prolongation of this occupation serve the people of Israel, for it corrodes their society and their public institutions by entangling them in their government’s drive to foreclose a viable and just solution to the half-century of occupation and the century-long conflict, and makes them the benefactors — unwittingly or not — of a profoundly unequal and unjust relationship.

How should we characterize this occupation in 2017? Professor Lynk proposes that Israel is no longer the lawful occupant of the Palestinian territory, but has now crossed a red line and has become the unlawful occupier. His argument goes like this:

  1. “Two decades into the 21st century, the norm that guides our global community is that people are citizens, not subjects, of the state that rules them. … Colonialism, occupation and other forms of alien rule are very much the exception to this norm.”
  2. The right of self-determination, and economic, social and cultural rights — are to be interpreted broadly, while the exceptions to these fundamental rights — such as military necessity, significant threats to national security or public emergencies — are to be interpreted narrowly.
  3. Three core purposes of modern international humanitarian law related to foreign military occupation are: (a) closely regulate the occupation to ensure that the territory achieves, or is restored to, a state of sovereignty, (b) prevent the territory from becoming a fruit of conquest, and (c) safeguard the protected people under occupation.
  4. The International Court of Justice has affirmed that international human rights law continues to apply in times of conflict and throughout an occupation.
  5. The right to self-determination is a right that applies to everyone living under occupation, and the court has specifically recognized the right of the Palestinians to self-determination.
  6. Israel has occupied the Palestinian territory – the West Bank, including East Jerusalem and Gaza – since June 1967, and therefore the Fourth Geneva Convention applies in full. 
  7. Palestinians are “protected persons” under international humanitarian law and are entitled to the protections of the Fourth Geneva Convention. The international community has widely rejected Israel’s assertions that the Fourth Geneva Convention does not apply.

So what should the international community do?

Professor Lynk proposes that the U.N. General Assembly seek an advisory opinion from the International Court of Justice on the question of the legality of the occupation.

ICJ

International Court of Justice

Courts and lawyers favor tradition and precedent (stare decisis), and Professor Lynk finds ample precedent in the ICJ’s 1971 Namibia opinion, where the court decided that South Africa’s continued presence in the territory of Namibia was illegal.  (On a side note, I’ve just completed a couple of online courses in International Humanitarian Law and International Human Rights Law, and really appreciate how Professor Lynk’s report connects all of the dots that I’ve just learned.)

Application of the Legality Test to Israel’s Occupation

The ICJ should consider four elements, Professor Lynk writes, to determine if Israel is now an illegal occupying force.

  1. The prohibition against annexation: Israeli officials have made their intentions crystal clear. There are now 210,000 Israeli settlers living in occupied East Jerusalem, and another 400,000 settlers live in approximately 225 settlements in the occupied West Bank. Israel has been establishing its “facts on the ground” for a de facto annexation of the occupied lands that belong to the Palestinian people under international law. “The settlers live under Israeli law in Israeli-only settlements, drive on an Israeli-only road system, and benefit greatly from the enormous sums of public money spent by Israel on entrenching and expanding the settlements. … What country would invest so heavily over so many years to establish many immutable facts on the ground in an occupied territory if it did not intend to remain permanently?”
  2. Occupations must be temporary, and not indefinite or permanent. “Modern occupations that have broadly adhered to the strict principles concerning temporariness, non-annexation, trusteeship and good faith have not exceed 10 years, including the American occupation of Japan, the Allied occupation of western Germany and the American-led coalition’s occupation of Iraq.” Israel’s occupation is 50 years old. “The only credible explanation for Israel’s continuation of the occupation and its thickening of the settlement regime is to enshrine its sovereign claim over part or all of the Palestinian territory, a colonial ambition par excellence.”
  3. The Best Interest/Trust Principle. “Under international law, Israel is required to administer the occupied Palestinian territory in the best interests of the Palestinian people, but the social and economic impact of the occupation on the Palestinians in the occupied territory, which had always been disadvantageous, has become increasingly dire in recent years.” Professor Lynk’s report spells out in no uncertain terms how Israel has taken advantage of the natural resources, and ruled the Palestinian Territory as an internal colony, to create a “strangled economy, mounting impoverishmet, daily impositions and indignities, and receding hope for a reversal of fortune in the foreseeable future.”
  4. Good Faith. Professor Lynk says that Israel has not been acting in good faith because it hasn’t complied with the 3 elements above, and it hasn’t complied with specific directions issued by the United Nations pertaining to the occupation. The enumeration of Israel’s noncompliance with international law is damning and shocking when it’s all spelled out in one place. Israel (and it’s best friend the United States Congress) might argue that the United Nations is bias against Israel, but what Israel really means is that the community of nations has not accepted Israel’s blatant attempt to unilaterally rewrite international law to suit its own self-interest.
checkpoint

Israeli checkpoint for Palestinians posted by Husam Jubran on Facebook Nov. 2, 2017

Professor Lynk’s concluding observation is an alarm bell that every lawyer should take seriously, regardless of personal opinions about Israel / Palestine and the occupation.

International law is the promise that states make to one another, and to their people, that rights will be respected, protections will be honoured, agreements and obligations will be satisfied, and peace and justice will be pursued. It is a tribute to the international community that it has sustained this vision of international law throughout its supervision of Israel’s occupation of the Palestinian territory.

But it is no tribute that — as the occupation deepened, as the occupier’s intentions became crystal clear, and as its defiance grew — the international community recoiled from answering Israel’s splintering of the Palestinian territory and disfiguring of the laws of occupation with the robust tools that international law and diplomacy provide. International law, along with the peoples of Palestine and Israel, have all suffered in the process.

The challenge now facing the international community … is to devise and employ the appropriate diplomatic and legal steps that, measure by measure, would completely and fully end the occupation.

 

 

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Action, not more words

Lord Balfour

Lord Arthur Balfour

Most Americans don’t give a squat about diplomacy and history, so the 100th year anniversary of the Balfour Declaration won’t register much more than a tick in U.S. papers and social media.  The U.S. Congress will be quietly considering a resolution in support of this abomination in the next few weeks.

On the other hand, the history and import of Balfour’s infamous letter, giving a homeland to the Jews in the land of Palestine, is drawing a lot of attention in the UK and Palestine.

On November 2, 1917, Lord Balfour wrote:

“His Majesty’s government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.”

The Zionists considered this short statement (which they drafted in large measure) their first and biggest diplomatic success. From these 67 words, sprang the Zionists’ dream and the Palestinians’ nightmare. Today, a century later, it is clear that the first part of Lord Balfour’s declaration has been realized, but not the second.

Many are calling attention to this failure, walking 3,400 km. from London to Jerusalem to drive the point home. 

Today (Nov. 2, 2017) a new declaration was presented to the Consulate-General in Jerusalem with a request that it be passed on to the Foreign Secretary, Boris Johnson, and to the Prime Minister, Theresa May.

Preamble
We have walked more than 3,400 kilometres to be here today. We have walked in penance and in solidarity. We have walked in recognition that the Balfour Declaration led to one people’s freedom and another people’s oppression.

We have walked with our Christian, Muslim and Jewish partners in the Holy Land to hear their witness to the consequences of Balfour. Today, one hundred years after the original Balfour Declaration was made, we propose a new declaration. We offer a ‘new Balfour’ to Her Majesty’s Government, a new 67-word declaration written in the belief that peace will only come through justice and reconciliation.

“Her Majesty’s Government view with favour the establishment in Palestine/Israel of a safe and secure home for all who live there. The nations of the world should use their best endeavours to facilitate the achievement of this objective, it being clearly understood that nothing shall be done which may prejudice the civil, political and religious rights of Palestinians or Jews living in Palestine/Israel or any other country.”

I understand and appreciate the sentiments expressed in this new declaration but it’s naive and, even if everyone agreed with it (especially leaders in the UK, Israel and Palestine), it’s too little, too late.

Rather, world leaders should take note of the report released this week by S. Michael Lynk, a Canadian professor of law and human rights expert, and the UN rapporteur for human rights in the occupied territories. He’s calling for sanctions against Israel to pressure that government to end its military occupation. This is a critical and necessary step to secure justice for the Palestinians, but it’s also important to reaffirm our global commitment to international law and the rule of law.

The “duration of this occupation is without precedent or parallel in today’s world,” the report said. Israel has “driven Gaza back to the dark ages” due to denial of water and electricity and freedom of movement. There is a “darkening stain” on the world’s legal framework because other countries have treated the occupation as normal, and done nothing to resist Israel’s “colonial ambition par excellence,” which includes two sets of laws for Israelis and Palestinians.

Words will no longer suffice a century after Lord Balfour’s declaration. Palestinians need action, not more words.

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Accountability for war crimes? ICC

When and how will Israel be held accountable for war crimes committed during its 51-day Operation Protective Edge in 2014?  The operation killed 2,251 Palestinians, the vast majority of whom were civilians, including 299 women and 551 children. The operation also caused massive destruction to 18,000 homes and other civilian property, including hospitals and vital infrastructure.

Most of the destruction and damage has not been repaired in the past three years. Neither has any serious investigation been conducted.

Two legal NGOs in Israel — Al Mezan Center for Human Rights and Adalah — have been absolute bull dogs, pushing the Israeli authorities to comply with their responsibilities under International Humanitarian Law (IHL) and International Human Rights Law (IHRL). For the past three years, they have submitted petitions, complaints, claims and every manner of documentation to press for justice for the victims of Operation Protective Edge. To no avail.

IHL and IHRL require Israel to investigate allegations of suspected violations committed during Operation Protective Edge, with independence, impartiality, effectiveness, promptness and transparency and to prosecute those allegedly responsible.

But as with its inquiries into past military operations, Israel has delayed, denied, deflected and dismissed every attempt by the United Nations and others to come clean with its actions in Operation Protective Edge.

That hasn’t stopped Israeli soldiers from talking about their experience in Operation Protective Edge.

On August 28, 2017, Al-Mezan and Adalah published their 9-page report documenting their attempts to hold Israel accountable — Gaza 3 Years On: Impunity over accountability Israel’s unwillingness to investigate violations of international law
in the Gaza Strip. No surprises here.

The cases concerned severe events that resulted in the killing and serious injury of Palestinian civilians, including women and children, and the massive destruction of civilian objects. The evidence in these cases suggested that the attacks were carried out in violation of the principles of distinction and proportionality, which could amount to grave breaches of IHL. These cases mostly concerned incidents of:
 Direct attacks on homes causing many civilian deaths and injuries;
 Direct attacks on children (e.g. the four Bakr children playing on the beach and the Shuheibar children feeding pigeons on a house rooftop);
 Direct attacks on five UNRWA schools that were sheltering civilians;
 The bombing of mosques, hospitals and a shelter for people with severe disabilities;
 Attacks on civilian infrastructure and the municipality workers fixing them.

After Operation Protective Edge, Israel cynically created the Fact-Finding Assessment Mechanism (FFAM) to improve its investigative abilities but after three years, 46.4% of the complaints filed by Adalah and Al Mezan were referred to the FFAM for examination and then closed, without opening a criminal investigation or ordering further action against those involved. 43% of the complaints remain under examination by the FFAM or received no response.

The Military Advocate General’s responses to such cases:
 Secret evidence: The materials collected by the FFAM and other intelligence materials cannot be revealed because they are classified;
 Military necessity: Certain incidents in question were undertaken based on military necessity (these arguments were written vaguely and did not include any supporting evidence);
 No non-military witnesses: The FFAM did not find any need or use in taking testimonies from non-military witnesses.

This whole exercise may seem pointless because when has Israel ever been held accountable for its violations of international law?

This time things might be different.

Ms Fatou Bensouda

Ms Fatou Bensouda – Prosecutor

The Office of the Prosecutor for the International Criminal Court (ICC) has launched a preliminary investigation. (pp. 25-32) But the ICC can’t assume jurisdiction in this case if the State of Israel has an effective mechanism for investigating and prosecuting these claims. In November 2016, the Prosecutor said she would “assess information on potentially relevant national proceedings, as necessary and appropriate.”

That’s why this report from Al-Mezan and Adalah is so very important. It clearly shows that Israel is incapable and unwilling to investigate and hold itself accountable. If the Prosecutor agrees, she can recommend that the ICC take the case.

Israel needs to be held accountable, sooner rather than later. This report provides the ammunition to open the courthouse doors. Bravo Al-Mezan and Adalah!

The case of the Abu Dahrouj family provides another illustration of Israel’s unwillingness to investigate. On the night of 22 August 2014, an Israeli warplane fired two missiles at a home belonging to the Abu Dahrouj family in central Gaza. The Israeli missile strike killed five members of the Abu Dahrouj family, including two children, and wounded multiple civilians and caused extensive damage to neighboring homes. Although [Israel] acknowledged that the missile attack was carried out directly on a civilian home and did not target any combatant or military object, no investigation was opened and the case was closed without any action against those involved.

 

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#Gaza5K – where every step and $$ counts

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In a couple of weeks I’ll be walking, not running, in the #Gaza5K to raise funds for UNRWA-USA to support the Gaza mental health progran for Palestinian refugees.  This will be my 3rd year and I’m really looking forward to it.

My goal is $1000 this year.  As of August 21, I’m 1/4 of the way there so I really need to focus on my fundraising and would appreciate any donation of any size. Donations are tax deductible, and I’m confident that the funds are spent wisely.  Please check out my story here.   And here’s my story and photos from the #Gaza5K last year when I exceeded my goal of $2,000. To make a safe and secure donation, please click here.  Thank you!

 

 

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Filed under Gaza, Peaceful, People, United Nations, Video

Day #27 – The reality of Operation Protective Edge

Three years ago, in the middle of Israel’s murderous onslaught in Gaza, the reality was seeping through in the U.S. media.

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