Tag Archives: Great Return March

UN Special Rapporteur urges Israel be held accountable

michael_lynk

Special Rapporteur S. Michael Lynk

The community of nations should start using some of the legal sticks available in its basket to push the State of Israel into ending the occupation of Palestine.  That’s the bottom line according to the U.N. Special Rapporteur who is calling for global boycott, divestment and sanctions (BDS) against the State of Israel.

Professor S. Michael Lynk, a Canadian law professor, is no newbie to Israel’s occupation. As the UN Special Rapporteur for human rights in the occupied territories, he asked  — When is enough, enough under international law?  He answered it in his report to the U.N. General Assembly in October 2017. I summarized his report here.

In the 22 page report, which should be required reading for everyone interested in the future of Israel and Palestine, Professor Lynk opened a new (legal) chapter in Israel’s occupation of East Jerusalem, the West Bank, and the Gaza Strip. He made the case for recognizing Israel as an illegal occupier, and called on the international community to use all of the tools in its toolbox to end this illegal occupation.

The next year, EJIL: Talk! …. the Blog of the European Journal of International Law published Professor Lynk’s commentary where he urged the international legal community to consider whether or not Israel’s prolonged occupation of Palestine has crossed some legal red line, resulting in an illegal occupation. Professor Lynk posited a 4-part test to determine the answer. His commentary was reprinted on my blog here.

The Great MarchIn the Spring of 2018, when Palestinians in Gaza launched the Great Return March and protested at the fence line between Israel and Gaza, Israel responded with lethal force. Lynk said the killings reflected a “blatant excessive use of force by Israel” and likened them to “an eye for an eyelash.” The protesters appeared to pose no credible threat to Israeli military forces on the Israeli side. Under humanitarian law, he said, the killing of unarmed demonstrators could amount to a war crime, and he added that “impunity for these actions is not an option.” (I wrote about that here.)

Although Professor Ilan Pappe wants the world to jettison the term “occupation” in favor of “colonization” in the context of Israel – Palestine, Professor Lynk has taken a different tack. He recommends that the U.N. declare the occupation illegal. See more about that here.

In March 2019, the UN Commission of Inquiry issued its findings and recommendations on the deadly protests in Gaza. Professor Lynk agreed and warned that —

As the one-year anniversary of the “Great March of Return” on 30 March 2019 draws closer, and in view of the ever-deteriorating economic and humanitarian situation in Gaza, the Special Rapporteur expressed concern over possible rising levels of violence if no firm action was taken to pursue accountability and justice. “Continuing to suffocate Gaza is a blot on the world’s conscience and a recipe for more bloodshed,” Lynk said. “Restoring Gaza and ensuring justice and accountability would give the region hope that a better Middle East is possible.”

ACCOUNTABILITY

For many years, Palestinians and human rights activists have been beating the accountability drum urging the world to hold Israel accountable for its responsibilities as an occupier and its flagrant violations of international humanitarian and human rights law. Beyond the many non-binding resolutions at the U.N. over the years, there has been no credible and sustained effort to hold Israel accountable. (The U.S. is a very big reason why the U.N. has failed — but that’s for another blog post.)

2013-05-05-21-01-541On his most recent tour to the Middle East, Professor Lynk held meetings in Jordan because Israel refuses to allow him to visit Palestine. He believes that unless Israel is pressured to do the right thing, it will continue to deepen and further entrench the occupation.

Professor Lynk recommends that the UN members should consider everything from cutting cultural ties with Israel to suspending its membership in the world body.

He emphasized the role of the EU, which accounts for some 40 percent of Israel’s external trade and could make the flow of Israeli goods and services to the 28-nation bloc contingent on policy shifts that help Palestinians.

Furthermore, Lynk urges the speedy publication of a long-awaited blacklist of Israeli and international companies that profit from operations in Israeli settlements in the occupied West Bank. He also wants prosecutors at the International Criminal Court (ICC) in The Hague to hasten its preliminary investigation of allegations of rights abuses by Israel and Hamas on Palestinian territory, which began in 2015.

Although Professor Lynk’s role as UN Special Rapporteur carries no enforcement power or authority, he’s certainly using his responsibility to examine and report on the occupation to the fullest extent possible. Now civil society and solidarity activists must amplify his call for accountability. 

 

Mr. Michael Lynk was designated by the UN Human Rights Council in 2016 as the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967. The mandate was originally established in 1993 by the then UN Commission on Human Rights. Professor Lynk is Associate Professor of Law at Western University in London, Ontario, where he teaches labour law, constitutional law and human rights law. Before becoming an academic, he practiced labour law and refugee law for a decade in Ottawa and Toronto. He also worked for the United Nations on human rights and refugee issues in Jerusalem.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

 

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Filed under Occupation, People, Politics, Uncategorized, United Nations

Accountability needed to end excessive use of force against Palestinian protesters in Gaza, says UN expert

The following press release copied verbatim emphasizes ACCOUNTABILITY but who will hold Israel accountable?

GENEVA (5 March 2019) – The international community must take immediate and decisive action to ensure that Israel cease its violations of international law when responding to the ongoing demonstrations at the Gaza fence, a UN human rights expert said.

The Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, Michael Lynk, welcomed the findings and recommendations of the Commission of Inquiry into the deadly 2018 Palestinian protests in Gaza.

The Commission, which was mandated to investigate violations of international humanitarian and human rights laws, presented its findings on 28 February 2019.

“It found reasonable grounds to believe that, in all but two of the 189 fatalities investigated, the use of live ammunition by Israeli security forces against demonstrators was unlawful,” Lynk said. “Accordingly, I support the Commission’s call for accountability with respect to those who used lethal fire unlawfully, and for those who drafted and approved the rules of engagement which permitted this illegal use of lethal fire.”

Among the dead were 35 children, 3 paramedics and 2 journalists. Another 6,106 demonstrators were wounded during the demonstrations.

The Special Rapporteur noted that, since the start of 2019, Israeli security forces have continued to respond to protests along the fence with tear gas, rubber coated bullets and live ammunition. As a result, a further five children have been killed in the past two months.

One such incident saw the killing with live ammunition of two boys (aged 14 and 17) on 8 February 2019, and following the protest, the death on 12 February 2019 of a 16-year-old Palestinian boy who was hit by a tear gas canister in the head. According to human rights organisations, the three boys posed no threat to Israeli forces. More recently, on 22 February 2019, a 14-year-old Palestinian boy was killed by live ammunition during a protest east of Gaza city. 

Lynk reiterated that international human rights instruments pertaining to law enforcement provide that firearms may only be used against persons if there is an imminent threat to life or risk of serious injury. He added that, in the context of an occupation, the killings at the Gaza fence resulting from the unlawful use of force might well constitute willful killings of the protected population, which constitute a grave breach of the Fourth Geneva Convention and potentially a war crime under the Rome Statute.

“We must ensure legal accountability and end impunity for the excessive use of force against largely peaceful Palestinian demonstrators, and the resulting arbitrary deprivation of life,” said the Special Rapporteur. “This is a grave violation of their right to life and it abrogates their guaranteed freedoms of expression, peaceful assembly and association.”

Lynk also endorsed the recommendations of the Commission that the de facto authorities in Gaza failed in their duties to prevent the indiscriminate use of incendiary kites and balloons, which caused economic damage and civilian fear in southern Israel. 

The Special Rapporteur welcomed the attention given by the Commission of Inquiry to the dire living conditions in Gaza, which have fueled the large demonstrations over the past year. He endorsed the Commission’s call for an immediate lifting of the Israeli blockade of Gaza, which has repeatedly been described by recent UN Secretary-Generals as a prohibited form of collective punishment of the people of Gaza. In particular, he noted the dire impact of the blockade on the Gazan health system, which has significantly contributed to the deteriorating quality of health in the Strip. 

As the one-year anniversary of the “Great March of Return” on 30 March 2019 draws closer, and in view of the ever-deteriorating economic and humanitarian situation in Gaza, the Special Rapporteur expressed concern over possible rising levels of violence if no firm action was taken to pursue accountability and justice. “Continuing to suffocate Gaza is a blot on the world’s conscience and a recipe for more bloodshed,” Lynk said. “Restoring Gaza and ensuring justice and accountability would give the region hope that a better Middle East is possible.”  

Mr. Michael Lynk was designated by the UN Human Rights Council in 2016 as the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967. The mandate was originally established in 1993 by the then UN Commission on Human Rights. Professor Lynk is Associate Professor of Law at Western University in London, Ontario, where he teaches labour law, constitutional law and human rights law. Before becoming an academic, he practiced labour law and refugee law for a decade in Ottawa and Toronto. He also worked for the United Nations on human rights and refugee issues in Jerusalem.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

 

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Filed under Gaza, IDF, Israel Defense Forces, People, Uncategorized, United Nations

US Mimics Israel at US-Mexico Border

No More War

My social media Facebook feed is overwhelmed with photos and messages of horror about the current actions of the U.S. military at the US-Mexico border.  Check out the story here, if you haven’t seen it.

We (I use that pronoun deliberately) have closed the border and we are now violently throwing tear gas canisters and shooting rubber bullets at men, women and children migrants.

Here are several videos of the migrants being attacked at the US-Mexico border.

I’m not shocked by Trump’s aggressive and violent response at the border, and neither should any American be shocked. We’ve been watching the same actions occurring at the fence (not border) separating Israel and the Gaza Strip since March of this year.

Israel, our best friend and ally in the Middle East, has deployed its military to the perimeter fence line shared with Gaza to shoot tear gas canisters, rubber bullets, and live bullets at Palestinian men, women and children participating peacefully in the Great Return March. 

Palestinians have paid a great price for their call for life with dignity during mass protests held along Gaza’s boundary with Israel over the past eight months.

Some 180 Palestinians have been shot dead by Israeli occupation forces and nearly 6,000 others injured by live fire during the Great March of Return.


Altogether, a staggering 24,000 Palestinians have been injured during the Great March of Return protests – more than one percent of the territory’s population.

See Maureen Clare Murphy’s full article here.

Neither Trump nor the U.S. Congress has stood up to Israeli leaders and told them to stop this barbarity.  Trump probably thinks he has the tacit support of Congress for his deployment to the US-Mexico border.  The US and Israel are playing by the same playbook now. Americans shouldn’t be surprised.

I, for one, fully expect snipers to be deployed at the US-Mexico border. And I won’t be surprised when the U.S. military is deployed against Americans inside our country. This action today against the migrants in the South is only a precursor to future, more aggressive actions to support our nascent Fascist government.

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Filed under Gaza, Israel Defense Forces, People, Uncategorized, US Policy, Video

The Great Return March

UN_Palestine_Partition_Versions_1947

Many Americans know that the United Nations called for the creation of the State of Israel following a U.N. vote A/Res/181(II) in November 1947.

Some Americans may be aware that the actual founding of the State of Israel occurred on May 14, 1948 in Tel Aviv when David Ben Gurion stood up before the Jewish People’s Council gathered at the Tel Aviv Museum and read a declaration. 

Ben Gurion

 

I bet few Americans have a clue that under international law, and Resolution A/Res//194 (III) (adopted by the United Nations General Assembly on December 11, 1948)  the Palestinian refugees have the right to return to their properties, homes and businesses in what is present-day Israel.

Resolves that the refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the Governments or authorities responsible;

Haaretz columnist Uri Avnery claims the Palestinian right of return is not such a complicated issue, (Oct. 18, 2017 article) but nothing strikes dread into the hearts of Israeli leaders (and perhaps many Israelis) more than the thought of millions of Palestinians pouring across Israel’s undefined borders. The demographics challenge, they fear, would be insurmountable for their Jewish state. Israel now wants Trump to remove the ‘right of return’ from the negotiating table. (January 2018 article).

The Palestinians are planning to put the ‘right of return’ front and center — on every dining room table in Israel, every board room in executive suites, and in the heart of the Knesset. The Great March

Beginning Friday, March 30, Palestinian refugees will begin 46 days of non-violent action entitled “The Great Return March”.

 

The “Great Return march” is a popular Palestinian peaceful march, where the participants (men, women, children, elders, families) will start marching from the Palestinian communities in the occupied territories (Gaza Strip, the West Bank and Jerusalem) and from (Jordan, Lebanon, Syria and Egypt) to their homes from which they were forcibly displaced in 1948.

From the Coordination Committee:

The organizers of this march and their participants will never use any means of violence, and will only be limited to a peaceful march in accordance with the truce plan, bearing in mind that this march will be totally peaceful and doesn’t involve harming or threatening any country or using any means of violence.

It should be noted that the implementation of the Great Return march will be carried out peacefully in accordance with the rules of international law and in line with the UN resolutions on the return of the Palestinian refugees and other relevant international resolutions on the Palestinian issue.

In other words, the march will for the first time, employ the popular dimension to effectively compel the Israeli occupation state to the international resolutions and recommendations that it denies and refuses to implement, which over the past decades has constituted a clear threat to international peace and security.

Great_March_of_Return_2016-

 From the 2016 Great March of Return.  VERSO

The Legal Basis for the Great March of Return:

The UN Resolution 194 of the third session, issued on 11 December 1948, constitutes the international legal basis for the great return march, especially that it clearly called for the return to be allowed as soon as possible to refugees wishing to return to their homes and live in peace with their neighbors, and compensation should be paid for the property of those who decide not to return to their homes, and for every missing or injured person … “as well as international laws, especially which organize the legal framework for refugee rights, and the universal human rights principles that obligate the international community (States – International Organizations ) to help refugees return to their land and ensure their human dignity.

Based on the foregoing, we inform you of the Palestinian refugees intention to realize the right to return to their homeland in a peaceful and legal manner, under the legitimacy of the United Nations and the international community and with a legal reference based on international humanitarian law, international human rights law and United Nations resolutions relevant to the Palestinian cause.

general_assembly_adopts_newresolutioninfocus

United Nations General Assembly

Call for Support and Assistance:

We expect the Israeli occupation forces to use excessive and lethal force against the unarmed participants in the great return march. To avoid casualties, and based on the rights granted to civilians in the occupied territories under the Universal Declaration of Human Rights and the Fourth Geneva Convention of 1949, which the occupation state signed and its Additional Protocol I of 1977, and under the Rome Statute establishing the International Criminal Court, which incorporated certain acts considered to be war crimes, the most important of which were: “deliberately directing attacks against civilians, civilian sites, personnel or facilities for humanitarian assistance functions as well as the deliberate launching of a military attack that may result human and material losses,” we urge you to exert pressure on your governments and force them to:

  • Exert sufficient political and diplomatic pressure to pressure the Israeli Occupation to respect human rights and prevent them from resorting to the use of excessive force or the implementation of any crime or violation.
  • Compel the Israeli occupation state to comply with General Assembly Resolution 194 of 1948 as one of the conditions for its acceptance as a member of the United Nations at the time.
  • Obligate the Israeli occupation state to adhere to the articles of the Universal Declaration of Human Rights, which was issued on December 12, 1948, and was one of the conditions of its acceptance as a member of the United Nations, where the second paragraph of Article 13 states that everyone has the right to leave any country, including his country or to return to his country.
  • Obligate the Israeli occupation state to implement the International resolutions relating to the return of the Palestinian refugees, including the UN Security Council Resolution 242 of 1967, and all relevant resolutions as an inalienable rights of the Palestinian people, most important of which is Resolution 3236 of 22 November 1974, which in paragraph 2: “Reaffirms also the inalienable right of the Palestinians to return to their homes and property from which they have been displaced and uprooted, and calls for their return”.
  • Compel the Government of the occupation, as a State party to the Refugee Convention and Protocol, to not detain migrants and asylum-seekers, and not to criminalize asylum-seekers for irregular entry.

I’ll be writing more about this very important action as it unfolds. This week, I’m sending a letter to my two U.S. Senators and Congresswoman with a copy of this blog post, making them aware of The Great Return March. I’m also writing a letter to my local paper and will try to tie this action to something local so that they’ll print it.

Bravo to the Coordination Committee.  These future leaders of Palestine give me hope, just as the youth in America give me hope.

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Filed under Gaza, Israel, nonviolent resistance, Occupation, Peaceful, Uncategorized, United Nations