Tag Archives: Israel

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

Pull the Curtain Back

Samra boutique

The Samra boutique, before and after the strike. Photos by Samra Fashion – Gaza.

The politically correct message for the Israeli leaders to send to the world after any military operation in Gaza is:

“we’re defending ourselves” and

“the militants in Gaza started it” and

“we hit this and that military target.”

Decipher any news reports in the western media about the latest assault on Gaza and you’ll find versions of all three in every article.

But pull the curtain back and you’ll quickly find a very different story.

The goal of self-defense is a shallow proxy for the goal of systematically destroying the Gaza Strip and making it unlivable for the 2+ million Palestinians imprisoned there. “De-development” is the term coined by economist Sara Roy in her book about the political economy of de-development in the Gaza Strip. This real goal requires destruction of hospitals, utilities, infrastructure, libraries, universities and even retail businesses.  All of which Israel has been successfully accomplishing over the past 12 years or more.

The message of self-defense naturally requires Israel to convince the world that the Palestinians in Gaza are responsible for starting the hostilities. They accomplish this stealth maneuver by simply choosing the date and event which best suits their story. Don’t look too far back at the months of Israeli snipers shooting and killing peaceful protesters at the fence separating Israel and Gaza. Don’t look at Israel’s more recent targeted assassinations in Gaza. Begin the chronology of events when the Palestinian militants shoot rockets towards Israel — perfect for the self-defense narrative.

And finally, Israel is the most moral army of the world, or so it wants the world to believe. That explains the non-stop messaging about military targets. But pull the curtain back and we see a much different picture.

Gisha, the legal center for freedom of movement, reported today about Israel’s destruction of a successful retail business in the center of Gaza. This is the true target of Israel’s military operation — the de-development of Gaza.

“Years of work disappeared in one minute”
Tuesday, May 7, 2019

The latest round of hostilities between Israel and Gaza that erupted earlier this week took its toll on the lives, homes and dreams of individuals in Gaza and southern Israel. Media reports tend to focus on the stories of those killed or injured. This is the story of one Palestinian resident of Gaza who was “fortunate” enough not to suffer direct physical harm, but is one of countless people paying a different kind of price. Mahmoud Said Al Nakhaleh, 29-years-old from Gaza City, lost his life’s work in the blink of an eye when Israel bombed the six-story building that housed his women’s clothing boutique in central Gaza City.

Four years ago, Al Nakhaleh opened his boutique, Samra, on the city’s main street, and it became a successful retail business. On Saturday night, just ahead of the start of Ramadan and the holiday that marks its end, Eid Al-Fitr, when people tend to shop for new clothes, Al Nakhaleh lost his property, his investment, and his livelihood in one fell swoop.

“We were working in the store, getting ready for the holiday. I never once thought Mahmoud Said Al Nakhalehanything like this could happen,” Al Nakhaleh told Gisha’s field coordinator, Mohammad Azaiza. “No one contacted us to tell us to leave the store. We ran away when we heard the warning missile hit the building. We didn’t take anything with us. Within minutes the building turned into rubble. Years of work disappeared in a minute.”

Personal documents and cash that were in the store at the time were also destroyed. Al Nakhaleh estimates that merchandise worth tens of thousands of dollars, which was on the shop floor at the time of the bombing, was lost, along with $40,000 worth of brand new stock purchased for Eid Al-Fitr that was still in storage.

The boutique had been the sole source of income for both Al Nakhaleh and his two employees, all of whom are now unemployed. Other offices located in the same building were also demolished. “There are organizations that provide care for orphans, educational centers, media agencies. Why bomb them? Even the Red Cross told us no one had warned them that the building was going to be bombed,” said Al Nakhaleh.

Now Al Nakhaleh is trying to decide what to do next. “I was married recently and I live in a rental. Everything I had is gone and I can’t get it back. I don’t know what to do,” he admits. “I call on the world to take action to stop the firing on civilians in the Gaza Strip.”

There is no military solution that can usher in long-term quiet. Regional stability will only be made possible once Israel takes substantial, forthright steps to protect the human rights of Gaza’s two million residents and allow the Strip’s shattered economy to recover and develop. Ceasefire agreements, the “gestures” by Israel that come with them to “ease” the closure on Gaza, or more humanitarian aid from the international community cannot substitute the only long-term solution, which is an end to the occupation and resolution of the conflict.

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“עבודה של שנים הלכה בדקה”
יום ג’ 7 במאי, 2019
סבב האלימות האחרון גבה קורבנות. חייהם, רכושם ותקוותיהם של תושבים, בעזה ובדרום ישראל, נלקחו מהם באלימות בלתי נסבלת. מתפרסמים סיפוריהם של מי שחייהם קופחו, של מי שנפצעו. הסיפור הבא הוא של אדם שלמזלו לא נפגע בגופו, אך הוא נמנה עם הרבים שמשלמים מחיר אחר. פרנסתו ומפעלו המקצועי של מחמוד סעיד אל-נח’אלה, תושב העיר עזה בן 29, נלקחו ממנו אתמול ברגע כשבוטיק בגדי הנשים שבבעלותו נהרס כליל אתמול בהפצצה של ישראל על הבניין בן שש הקומות שבו נמצא העסק, במרכז עזה.

מאז פתח אל-נח’אלה את הבוטיק לפני ארבע שנים, ברחובה הראשי של העיר עזה, הפך “סמרא” לחנות מצליחה לייבוא ולממכר בגדי נשים. כעת, בשיא עונת הקניות, לקראת הרמדאן והחד שבסופו, איבד ברגע את כל רכושו והונו.

“עבדנו בחנות והתכוננו לחג, ולא עלה בדעתי לרגע שדבר כזה יקרה,” סיפר היום למוחמד עזאיזה, תחקירן “גישה”. “אף אחד לא יצר קשר לבקש שנצא מהחנות. ברחנו כששמענו את פגיעת טיל האזהרה. לא לקחנו איתנו דבר. בתוך דקות הבניין הפך לעיי חורבות. עבודה של שנים הלכה בדקה”.

כסף מזומן ומסמכים אישיים שנשארו בחנות, הושמדו. אל-נח’אלה מעריך כי בהפצצה נפגעו סחורות בשווי עשרת אלפים דולר שהיו בחנות, וסחורה חדשה בשווי 40 אלף דולר שנשמרה במחסן והיתה מיועדת לרמדאן ולקראת עיד אל-פיטר.

בחנות הועסקו גם שני עובדים, שהיא מקור פרנסתם היחיד, וכעת מחוסרי עבודה. בנוסף לבוטיק של מוחמד, נפגעו משרדים נוספים השוכנים בבניין שהופצץ. “יש כאן ארגונים לטיפול ביתומים, מרכזים חינוכיים, סוכנויות תקשורת. למה להפציץ? אפילו הצלב האדום מסרו לנו שאיש לא עדכן אותם בכוונה להפגיז את הבניין,” אמר אל-נח’אלה.

הוא מנסה כעת לחשב את צעדיו. “התחתנתי לאחרונה ואני גר בשכירות. כל מה שיש לי הלך ללא חזור. אני לא יודע מה לעשות,” הוא מודה. “אני קורא לעולם לפעול למען הפסקת הירי לעבר אזרחים ברצועה”.

כל עוד לא ייעשו צעדים כנים לקידום זכויות האדם של תושבי הרצועה, נדונו לחזרה מעגלית איומה של פרצי אלימות, לעוד ועוד סיפורים כשל מחמוד אל-נח’אלה. הסכמים קצרי טווח ו”מחוות” ישראליות שמבטיחות “להקל” על הסגר, כמו גם עוד סיוע הומניטרי מידי הקהילה הבינלאומית, אינם תחליף למהלכים ארוכי-טווח שיובילו לסיום הכיבוש ולפתרון לסכסוך.
העבירו לחברים | תרמו לגישה
“تعب السنين ضاع بلحظة”
‫الثلاثاء‬ 7 أيار، 2019

حصدت جولة التصعيد الحالية الكثير من الضحايا. السكان، الذين يعانون أصلاً وزر الحياة اليومية القاسية، يخسرون أرواحهم، ممتلكاتهم وأحلامهم بعنف لا يطاق. نسمع قصص الضحايا والجرحى، لكن السطور التالية مخصصة لشخص حالفه الحظ ولم يخسر حياته ولم يصب بجسده، لكنه ككثيرين آخرين، دفع ثمنًا من نوع آخر. محمود النخالة، من سكان غزة ويبلغ من العمر 29 عامًا، خسر مصدر رزقه ومشروعه التجاري، بعد ان تم هدم بوتيك الملابس النسائية التابع له جراء قصف إسرائيلي لعمارة في مركز مدينة غزة.

منذ ان افتتح النخالة هذا البوتيك قبل أربع سنوات، في شارع أحمد عبد العزيز في مدينة غزة، أصبح بوتيك سمرا، متجرًا ناجحًا ومتميزًا لاستيراد وتسويق الملابس النسائية. الآن، وفي ذروة موسم المبيعات، عشية شهر رمضان وعيد الفطر، خسر بلحظة كل ما يملك.

“عملنا في البوتيك وتحضرنا للعيد، ولم يخطر ببالي للحظة أن يحدث شيء من هذا القبيل،” قال النخالة للباحث الميداني في “ﭼيشاه – مسلك” محمد العزايزة. “لم يتصل بنا أحد ليخبرنا بأن نخرج من الدكان. هربنا عندما سمعنا انفجار صاروخ التحذير. لم نأخذ معنا أي شيء. خلال دقائق تحولت البناية لخرابة. تعب السنين ضاع بلحظة.”

الأموال والمستندات الشخصية التي ظلت في الدكان، أبيدت. ويقدر النخالة أن قيمة البضائع التي كانت في الدكان تبلغ نحو 10 آلاف دولار، بالإضافة إلى بضائع جديدة بقيمة 40 ألف دولار وصلت مؤخرًا وحفظت في المخزن لعرضها في رمضان وعيد الفطر.

كما عمل في البوتيك شخصان آخران، كان ذلك هو مصدر رزقهما الوحيد، والآن بقيا بلا عمل. بالإضافة إلى بوتيك محمد، ضمت العمارة مكاتب أخرى دمرها القصف. “يوجد هنا جمعيات لرعاية الأيتام، مراكز تربوية، مكاتب إعلامية. لماذا تم قصف المبنى؟ حتى الصليب الأحمر أخبرنا أن أحدًا لم يبلغهم عن النية بقصف المبنى” يقول النخالة.

يحاول محمد الآن دراسة خطواته. “تزوجت منذ فترة قصيرة وأسكن بشقة مستأجرة. كل ما أملكه ذهب بلا عودة. لا أعرف ما يمكنني فعله” يقول محمد ويضيف “أناشد كل العالم بالعمل من اجل وقف قصف المدنيين في غزة”.

طالما لم يتم اتخاذ اجراءات حقيقية وصادقة لتعزيز حقوق الإنسان لسكان قطاع غزة، سنبقى جميعنا نعاني من هذا الواقع المرير، الذي تحكمه جولات التصعيد المتكررة، ونشاهد المزيد من الحالات الشبيهة بحالة محمود النخالة. اتفاقيات قصيرة الأمد و”بوادر حسن نية” من قبل إسرائيل، التي بموجبها يتم “تخفيف” وطأة الإغلاق المفروض على القطاع، وحتى ضخ المزيد من المساعدات الإنسانية، جميعها ليست بديلات عن حلول جذرية تؤدي إلى إنهاء الاحتلال وحل الصراع.

ارسلوا للاصدقاء | تبرعوا لـمسلك

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Israel

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Filed under Economic Development, Gaza, IDF, Israel Defense Forces, Media, People, Uncategorized, Video

Deliver Me

israel-bombs

Psalm 140: deliver me

by Rabbi Brant Rosen

oh lord deliver me from my people

who wield their weapons with impunity

whose armies rain bombs on the imprisoned

whose apologists equate oppressor and oppressed

defending those who punish resistance without mercy.

keep from those who speak so easily of two sides

of dual narratives

of complexities of coexistence

those who call submission peace and lawless laws justice

who never tire of intoning never again

even as they commit crimes again and again

who have forsaken every lesson they’ve learned

from their own history and their own sacred heritage.

like Jacob I have dreamed fearful dreams

I have struggled in the night

I have limped pitifully across the river

and now like Jacob in my last dying breath

I have nothing  left but to curse my own

whose tools of lawlessness

who maim refugees who dare dream of return

and send bombs upon the desperate

for the crime of fighting back.

so send me away from this people this tortured fallen assembly

keep me far from their council

count me not among their ranks

I can abide them no longer.

Follow Rabbi Brant Rosen at https://rabbibrant.com/

 

 

 

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Demonstrators Shot in Violation of their Right to Life

29425644_419847478469077_7507957825339916288_n

On 7 January 2018, Ahmed Abu Artema, a 34-year-old Palestinian poet and journalist, posted on Facebook the idea of a non-violent march at the separation fence, to draw attention to General Assembly resolution 194 and to the dire humanitarian situation in Gaza. In the post, ending #GreatMarchofReturn, he wrote, “what if 200,000 demonstrators marched peacefully and broke through the fence east of Gaza and entered a few kilometres into the lands that are ours, holding the flags of Palestine and the keys to return, accompanied by international media, and then set up tents inside and established a city there.”  The idea evolved into a movement of Palestinians. Within weeks, Abu Artema, civil society activists and other stakeholders drew up a charter of 12 principles, envisaging a national march by Palestinians of all ages, genders, political and social groups. (para. 22 and 23)

I’ve been following the #GreatReturnMarch since the beginning, watching its preparations, and studying it from the perspective of my international human rights law course that was occurring at the same time.

23472746_1518214138214284_7274524142973981851_nAn Israeli woman shared her thoughts about the protests. The New York Times adopted the Israeli framing of the protests.  The protests continued.  With grim predictability, the killing of unarmed protesters continued too.

Ms Fatou Bensouda

Ms Fatou Bensouda – Prosecutor

Throughout the summer and fall of 2018 I followed the protests and took heart when the Prosecutor for the International Criminal Court warned Israel that it might be subject to prosecution for its crimes committed against the protestors.

The United Nations appointed an independent international commission of inquiry to investigate.  Predictably, Israel refused to cooperate in the investigation, and Egypt wouldn’t let the commission enter Gaza because of security concerns in the Sinai. However, in this small and interconnected world we live in, with Skype and other technology, the commission interviewed many participants in the protests, as well as families of the victims, the medical personnel in Gaza, as well as viewed much of the video documentation from the protests. COI_Commissioners_HP

The three member commission released its report and findings on February 28, 2019. The Israeli government immediately condemned it, saying that the commission was blinded by hatred,  but everyone else I’ve read has received it favorably.

It’s a short (22 pages) read and I recommend it to everyone.

Some excerpts that added to my understanding of the #GreatReturnMarch —

Israel was prepared. The protesters were not trying to take anyone by surprise.

Prior to the first demonstration, Israeli forces reinforced their positions at the fence with additional troops, including more than 100 sharpshooters. They dropped leaflets in Gaza and contacted Palestinian bus companies to warn against participation. At the demonstration sites, they strengthened the separation fence and its underground barrier (to prevent and detect cross-border tunnels), installed kilometres of barbed wire coils on the Gazan side as additional barriers, cleared vegetation on both sides, dug deep trenches on the Israeli side and erected a battery of earth mounds or berms onto which snipers were positioned for better visibility and shooting accuracy.

When the rules of engagement were challenged, the Israeli Supreme Court ruled in favor of Israel.

Israeli and Palestinian non-governmental human rights organizations challenged the application of lethal force by Israeli forces at the fence in the Israel Supreme Court, contending that the rules of engagement violated international law because they were too permissive or were being applied permissively. The Court disagreed and approved the rules of engagement, holding that “the use of potentially lethal force for the sake of dispersing a mass riot – from which an actual and imminent danger is posed to life or bodily integrity – is, in principle, permitted, subject to proving necessity and proportionality.” The Court declined to examine how the rules were applied on the ground, deferring to the internal investigations of Israeli security forces.

Ten pages of this report describe the deaths and injuries during three specific days of protest (Sections V and VI — p. 7-16)

Was Israel testing new weapons on the civilian population?

According to an international doctor working at a Gaza hospital, interviewed by the commission, “It was striking the number of extremely similar injuries; massive open wounds in the legs, with skin and muscles ‘blown out’, bones smashed to pieces, and damage to blood vessels leading to vascular injury, putting the entire limb at risk.”

COGAT holds the power of life and death – no surprise here!

In early April, the Coordinator of Government Activities in the Territories denied exit permits for wounded demonstrators, primarily on the basis of the policy of the Minister of Defense to deny passage to any person injured during the demonstrations.  Although the Supreme Court of Israel subsequently rejected the above-mentioned blanket policy, those injured in the demonstrations continued to face significant challenges in obtaining medical treatment outside Gaza, as illustrated by the case below:

 Zakaria Bishbish (14)
On 30 May, Israeli security forces shot Zakaria, from the Maghazi refugee camp, in the back at the demonstration site in El Bureij, while he was at least 100 m from the separation fence. The gunshot perforated Zakaria’s stomach and colon, splintered his vertebrae and damaged his kidney. His family sought a two-week exit permit to seek life-saving treatment at Saint Joseph Hospital in East Jerusalem, which had arranged a medical appointment for 4 June. The Coordinator of Government Activities in the Territories, however, denied the request, giving no reasons. His family then attempted to secure appointments for him in Egypt and the West Bank; the Coordinator did not respond to their requests. On 18 June, Zakaria died
of sepsis.

Will the State of Israel and/or any individuals involved in these killings be held accountable?

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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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UK Parliament briefing on Israel’s Nation State Law

UK Parliament interior

UK Parliament Hall

Briefings about Israel-Palestine for Legislators in the UK and US are very similar.

Organize-organize-organize.  Line up expert witnesses.  Secure a member of Congress or Parliament to sponsor the briefing.  Invite-invite-invite.  Hold your breath and see who shows up, praying for members of Congress and Parliament to attend or send their staff.

The Members of Parliament (MPs) might be forgiven for not attending the briefing on Israel’s new Nation-State Law on Feb. 26, 2019 given the current Brexit turmoil they find themselves embroiled in. About 30 people were there, hopefully some staff, and at least one Zionist who identified himself at the end of the meeting.

The seminar at the House of Commons in London was hosted by EuroPal Forum and  brought together experts in the legal, diplomatic and public policy fields.

Andy Slaughter

Andrew Slaughter – photo credit Chris McAndrew

MP Andy Slaughter convened the meeting and provided a strong introduction to the issue. Clearly, he doesn’t need an education on Israel-Palestine. (Slaughter’s interests include the Middle East and particularly Palestine. He is Secretary of the Britain-Palestine All-Party Parliamentary Group (APPG) and Vice-Chair of Labour Friends of Palestine and the Middle East.)

He mentioned Amnesty’s new report (Human Rights in the Middle East and North Africa – Review of 2018), and the 25th anniversary of the massacre in Hebron where Baruch Goldstein killed 29 worshipping Palestinians, and even mentioned that AIPAC is calling Israel’s new political party racist! (The New Right הימין החדש‎, HaYamin HaHadash was established in December 2018). He concluded his remarks by saying that Israel’s Nation State Law is institutionalizing Palestinians as second class citizens before he apologized and said he had to leave the meeting. The speakers who followed were just as pointed and passionate.

Parliament Nation State event

Orfhlaith Begley, the MP representing the Sinn Fein from northern Ireland, said that Sinn Fein believes an international peace initiative is needed. The party is going to work on the Irish Parliament to recognize the State of Palestine. She mentioned there was a bill in the House of Commons to require Israel to treat Jews and Palestinians equally but it failed with the religious parties voting against it!! The British government has said nothing publicly about Israel’s Nation-State law.

UK Parliament 3

 

Salma Kami-Ayyoub, a legal consultant with Al-Haq and other organizations, summarized the provisions of the Nation-State Law and its three major impacts on Palestinians.

(1) Only Jewish people have the right to self-determination in the Land of Israel. (2) Settlement of Jews is a national value. (3) The Nation-State law is a Basic Law, equivalent to the Constitution. All future laws will have to be consistent with it as a foundational law for Israel. It is now a legal obligation of the State of Israel to promote the settlements. The law is “extremely damaging” because it forces the right of return out of the negotiations.

Where does this Nation-State Law apply?  Over the whole of historic Palestine, Kami-Ayyoub said.  There is no other constitution in the world that has a similar provision. She mentioned the rise in settler violence and asked why aren’t the settlers in Hebron called terrorists? She believes the UK government should impose sanctions. At the least, Parliament should investigate whether UK arms sold to Israel are being used to kill Palestinians.

She also mentioned the Namibia decision in 1971 as precedent which must be followed now.  I remember reading the decision a couple of years ago in my Human Rights Law class.  The International Court of Justice wrote:

The member States of the United Nations are under obligation to recognize the illegality and invalidity of South Africa’s continued presence in Namibia and to refrain from lending any support or any form of assistance to South Africa with reference to its occupation of Namibia.

UK Parliament 6

The final speaker, Kamel Hawwash, is a British-Palestinian Professor who gave an impassioned plea for action.

A predictable Q & A followed until a Zionist stood up and introduced himself as a British Jew who attends pro-Israel meetings in London and wanted to hear the other side. He listed a number of Israel’s achievements in health and science, and then invited the panel to attend some meetings to learn about Israel’s positive contributions to the world.

Professor Hawwash gave the best rebuttal by asking the Zionist — “Are Israel’s scientific achievements incompatible with ending the occupation?” he asked. No response, and the meeting ended soon after.

The exchange at the end was symptomatic of the typical discourse with Zionists on the issue of Palestinians and the occupation. They refuse to talk about the occupation, they ignore the elephant in the room, and they deflect by turning the conversation to other points, such as Israel’s scientific achievements.

 

UK Parliament 11

Maurice on left, Zionist in the middle

After the meeting ended, filmmaker Maurice Jacobsen tried to engage with the Zionists but said they kept deflecting and refused to respond directly on the issue of the occupation.  Undoubtedly, it was frustrating for both but it summarized for me what the greatest challenge may be to ending the occupation.  Not Israel’s new Nation State Law, although that presents a huge obstacle.

The biggest challenge is finding a coherent and meaningful way to talk about the occupation with the occupier and with the Zionists around the world that support Israel. Some pro-Palestinian activists may not be inclined to talk with Zionists, but Palestinians and Israelis will never live together as equals in the Holy Land if they refuse to talk and listen to each other.

Obviously, the Zionists appear content with the status quo since they have the upper hand and all of the advantages of the occupation flow to the State of Israel. They have no incentive to change the narrative that “Palestinians are terrorists and Israel must defend itself”. Thus it’s incumbent on the Palestinians and their supporters to provide a framing of the narrative where both can live together, side-by-side, respectfully and peacefully, as their ancestors did centuries ago.

This isn’t a sign of weakness or capitulation. The right of return must remain on the table. But the occupation will only end when both sides are willing to talk about it and listen to the other.

 

 

 

 

 

 

 

 

 

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Filed under Israel, Occupation, People, Politics, Settlers, Uncategorized

Powerful Women Call for End of the Occupation

Women in Black LondonNearly 100 women representing many countries (including U.K., Bosnia, France, Serbia, Croatia, Spain, Israel, Austria, Armenia and many more) convened in Leuven, Belgium (March 2-3, 2019) to stand in solidarity for peace, for the end of war, and for the end of the occupation.

Women in Black began in Jerusalem when the First Intifada broke out in December 1987. A handful of brave Israeli women wanted their neighbors and the government to understand that the occupation of Palestine was wrong, so they stood silently in black holding signs. They’ve been protesting the occupation every week for the past 31 years.  Today these Israeli women need support and solidarity from their international sisters because change is not going to happen from within.

They’re joined by women in many different countries. I’ve stood with Women in Black in Albuquerque, Baltimore and London. Thankfully, I could join the Leuven WiB when they stood in front of their beautiful city hall silently for an hour on Saturday.

The Grote Markt, one of the city’s busiest squares, was a great location with many pedestrians and cyclists flowing past, reading the signs, and sharing their support.

When the organist at Saint Peter’s Church across from City Hall played John Lennon’s “Imagine,” the tears and goosebumps mingled to make this the most special vigil for peace that I’ve ever joined.  (Thank you WiB Leuven!)  Next year the international gathering of Women in Black will be in Armenia. Look here for more details.

Imagine there’s no countries
It isn’t hard to do
Nothing to kill or die for
And no religion, too
###
Imagine all the people
Living life in peace
###
You, you may say I’m a dreamer
But I’m not the only one
I hope someday you will join us
And the world will be as one
###
Imagine no possessions
I wonder if you can
No need for greed or hunger
A brotherhood of man
###
Imagine all the people
Sharing all the world
###
You, you may say I’m a dreamer
But I’m not the only one
I hope someday you will join us
And the world will live as one 

Following the vigil, the women gathered inside City Hall in the beautiful legislative chambers for reports, songs and fellowship.

Leuven City Council Chambers

Ria Convents (Leuven) moderated and opened the meeting;  Yvonne Deutsch (Israël) shared the history of how WiB began; Maria Vandoren and Mieke Coremans read poems they had written for the occasion; and Lies Corneille (the new municipial officer for equal rights and global policy in Leuven) welcomed us and thanked Women in Black for being a strong and consistent voice for peace. She mentioned the importance of being a powerful role model for the next generation of women.

Stasa Zajovic from Belgrade spoke about the impact of nationalism and fascism in the world,  and Jadranka Milisevic from Sarajevo told us about her work with young women in post-war Bosnia-Hercegovina. Women from Belgrade and France shared the important role of feminist lesbians in the peace movement, and Armine Karapetyan welcomed us to Armenia next year.

WIB Nov. 24 - 5

Women in Black from Baltimore 

 

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Filed under Peaceful, People, Uncategorized