Tag Archives: UN Special Rapporteur

US Congress condemns boycotts of Israel

On July 23, 2019, Congress passed H. Res. 246 condemning boycotts of Israel. (398 – 17) [The full text is copied below.]

The resolution was obviously drafted by AIPAC — Israel’s powerful lobbying organization working against all efforts to “delegitimize” [AIPAC’s word, not mine] the State of Israel.

The U.S. Congress opposes the Global Boycott, Divestment, and Sanctions Movement (BDS Movement) targeting Israel, including efforts to target United States companies that are engaged in commercial activities that are legal under United States law, and all efforts to delegitimize the State of Israel;

This comes at the same time that the U.N. Special Rapporteur is recommending a global BDS (boycott, divestment and sanctions) movement against Israel because no other actions by the United Nations or the international community have deterred Israel’s occupation and steady march towards ethnic cleansing of the Palestinians from their land.

As the ACLU has repeatedly informed Congress, political boycotts are fully protected by the First Amendment. The Supreme Court made that clear when it recognized, in a landmark 1982 decision called NAACP v. Claiborne Hardware, that the Constitution protected a 1960s boycott of white-owned businesses in Mississippi.

The 17 NAY votes included Rep. Ilhan Omar (D-MN), Rep. Alexandria Ocasio-Cortez (D-NY), Rep. Rashida Tlaib (D-MI), Rep. Betty McCollum (D-MN), Rep. Pramila Javapal (D-WA), and Rep. Raul Grijalva (D-AZ).  Their courage to stand up against the Democratic leadership, against AIPAC, and against the tidal wave of their fellow colleagues in the House must be recognized and applauded. 

Deb HaalandUnfortunately, my first term Congresswoman Debra Haaland (D-NM) did not display that courage. She issued no statement to explain her decision to oppose my constitutional right to boycott Israel but my hunch is that she will follow Speaker Pelosi’s wish —- the good inside game in politics —- on these matters. Although Haaland graduated from law school, her understanding or appreciation for the First Amendment is not strong.

On Cesar Chavez Day, Rep. Haaland stood on the stage with Dolores Huerta, but perhaps she wasn’t aware of the importance of that day — to remember a movement that was all about the use of boycotts!

The Senate has an identical resolution (S.Res. 120) which hasn’t been voted on yet. My two U.S. Senators are going to hear why I urge them to oppose it.

116th CONGRESS

1st Session

H. RES. 246

IN THE HOUSE OF REPRESENTATIVES

March 21, 2019

 (for himself, Mr. ZeldinMr. Nadler, and Mrs. Wagner) submitted the following resolution; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial ServicesScience, Space, and Technology, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

RESOLUTION

Opposing efforts to delegitimize the State of Israel and the Global Boycott, Divestment, and Sanctions Movement targeting Israel.

Whereas the democratic, Jewish State of Israel is a key ally and strategic partner of the United States;

Whereas since Israel’s founding in 1948, Congress has repeatedly expressed our Nation’s unwavering commitment to the security of Israel as a Jewish and democratic state;

Whereas American policy has long sought to bring peace to the Middle East and recognized that both the Israeli and Palestinian people should be able to live in safe and sovereign states, free from fear and violence, with mutual recognition;

Whereas support for peace between the Israelis and Palestinians has long-standing bipartisan support in Congress;

Whereas it is the long-standing policy of the United States that a peaceful resolution to the Israeli-Palestinian conflict should come through direct negotiations between the Government of Israel and the Palestinian Authority, with the support of countries in the region and around the world;

Whereas it is a hallmark of American democracy for citizens to petition the United States Government in favor of or against United States foreign policy;

Whereas cooperation between Israel and the United States is of great importance, especially in the context of rising anti-Semitism, authoritarianism and security problems in Europe, the Middle East, and North Africa;

Whereas the Global Boycott, Divestment and Sanctions Movement (BDS Movement) targeting Israel is a campaign that does not favor a two-state solution and that seeks to exclude the State of Israel and the Israeli people from the economic, cultural, and academic life of the rest of the world;

Whereas the BDS Movement targets not only the Israeli government but also Israeli academic, cultural, and civil society institutions, as well as individual Israeli citizens of all political persuasions, religions, and ethnicities, and in some cases even Jews of other nationalities who support Israel;

Whereas the BDS Movement does not recognize, and many of its supporters explicitly deny, the right of the Jewish people to national self-determination;

Whereas a founder of the BDS Movement has denied the right of the Jewish people in their homeland, saying, We oppose a Jewish state in any part of Palestine. No Palestinian, rational Palestinian, not a sell-out Palestinian, will ever accept a Jewish state in Palestine.;

Whereas university-based BDS efforts violate the core goals of the university and global cultural development, which thrive on free and open exchange and debate; and

Whereas the BDS Movement promotes principles of collective guilt, mass punishment, and group isolation, which are destructive of prospects for progress towards peace and a two-state solution: Now, therefore, be it

That the House of Representatives—

(1)

opposes the Global Boycott, Divestment, and Sanctions Movement (BDS Movement) targeting Israel, including efforts to target United States companies that are engaged in commercial activities that are legal under United States law, and all efforts to delegitimize the State of Israel;

(2)

affirms that the Global Boycott, Divestment, and Sanctions Movement undermines the possibility for a negotiated solution to the Israeli-Palestinian conflict by demanding concessions of one party alone and encouraging the Palestinians to reject negotiations in favor of international pressure;

(3)

urges Israelis and Palestinians to return to direct negotiations as the only way to achieve an end to the Israeli-Palestinian conflict;

(4)

supports the full implementation of the United States-Israel Strategic Partnership Act of 2014 (Public Law 113–296; 128 Stat. 4075) and new efforts to enhance government-wide, coordinated United States-Israel scientific and technological cooperation in civilian areas, such as with respect to energy, water, agriculture, alternative fuel technology, civilian space technology, and security, in order to counter the effects of actions to boycott, divest from, or sanction Israel; and

(5)

reaffirms its strong support for a negotiated solution to the Israeli-Palestinian conflict resulting in two states—a democratic Jewish State of Israel, and a viable, democratic Palestinian state—living side-by-side in peace, security, and mutual recognition.

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Filed under Israel, Politics, US Policy

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

#PassoverMassacre #GreatReturnMarch

map of protests

credit – Haaretz

Image may contain: text

A Palestinian in Gaza screamed silently through social media:

Yesterday 15 unarmed Palestinian protesters were shot dead by Israeli soldiers in Gaza. The deafening silence of world “leaders” reminds us that their problem is not the way Palestinians fight back. It’s the fact that we fight back to begin with.

BDS? Alienating! Anti-Semitic!

Armed resistance? Violence! Terrorism!

Peaceful march? Riots! Infiltrators!

A Palestinian-American in the U.S. unmasked the media’s bias in favor of Israel’s narrative:

Just die silently, and even then they’ll blame you for it.

Not a single Israeli has been so much as touched by a Palestinian protester in the past couple of days, much less harmed. Not a single hurled rock has reached anywhere near a soldier, while Israeli snipers murdered 17 and wounded 1400. Yet western media insists these are “clashes.”

Earlier this month, the U.N. Special Rapporteur on Palestine identified the excessive force used against children at the border between Gaza and Israel in his report to the Human Rights Council:

Excessive use of force against Palestinians by Israeli forces is a concern in the area along the border fence, and often has an impact on children. In mid-February 2018, two Palestinian teenagers aged 14 and 16 were killed, and two others injured by Israeli forces who fired what was reportedly artillery shells and live fire towards the boys as they approached the fence, although they were reportedly between 30 to 50 meters away when shot.

This incident raises concerns about the decision to use lethal force against young, unarmed boys, as according to the Basic Principles of the Use of Force, lethal force should be used only if other means are ineffective, and should be used with restraint and in proportion to the seriousness of the offense and the legitimate objective to be achieved. Not only in Gaza, but in the West Bank as well, use of force by Israeli forces has consistently been flagged as an issue of concern by the Special Rapporteur, the High Commissioner, and the Secretary-General. This concern is necessarily heightened when children are the victims.

Lora’s observations:

#1 – Israel admits its use of force is deliberate and precise. This information will be key to future deliberations by the U.N. Human Rights Council, the U.N. General Assembly, and the International Court of Justice.

#2 – Palestinians in Gaza have unmasked Israel’s Achilles Heel. Israeli leaders have no desire or intention of meeting peace initiatives with peace. They don’t know how to do Gandhi, and don’t have any shame in playing the role of Goliath to the Palestinians’ David.

#3 – The western mainstream media is unable to cover the #greatreturnmarch impartially, nor examine all sides of the unfolding events objectively. The dominant narrative will prevail until alternative voices can break through the static.

Rest In Peace

(1) Naji Abu Hijir

(2) Mohammad Kamel Najjar (shot in the stomach near Jabaliya)

(3) Wahid Nasrallah Abu Samour

(4) Amin Mahmoud Abu Muammar (38 Rafah)

(5) Mohammed Naeem Abu Amr (Mohammed Abu Omar, 22 Rafah)

(6) Ahmed Ibrahim Ashour Odeh (19)

(7) Jihad Ahmed Fraina (33)

(8) Mahmoud Saadi Rahmi (33)

(9) Abd al-Fattah Bahjat Abd al-Nabi (18) reportedly shot in the back while running away from the border.

(10) Ibrahim Salah Abu Shaar (20)

(11) Abd al-Qader Marhi al-Hawajri

(12) Sari Walid Abu Odeh

(13) Hamdan Isma’il Abu Amsha

(14) Jihad Zuhair Abu Jamous

(15) Bader Fayek al-Sabbagh

(16) Omar Samour (31) — the farmer who was killed around dawn 

 

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Filed under Gaza, Hamas, IDF, Israel Defense Forces, Media, Nakba, nonviolent resistance, People, Uncategorized, United Nations