Tag Archives: United Nations

115th Congress: Israel’s BFF

iStock 20492165 MD - American and Israeli flags

America and Israel flags

In addition to H. Res. 11 mentioned in an earlier blog post, a number of other resolutions have been introduced in the House and Senate regarding Israel.

Reject the 2-state solution once and for all is what Representative Steve King (R-IA) is urging the new Administration to do with his H.Res. 27. Frankly, most Palestinians would agree that the 2-state solution is infeasible. Ramzy Baroud goes further and writes:

If the US was indeed keen on a two-state solution, it would have fought vehemently to make it a reality decades ago. To say that the two-state solution is now dead is to subscribe to the illusion that it was once alive and possible.

That said, it behooves everyone to understand that coexistence in one democratic state is not a dark scenario that spells doom for the region. It is time to abandon unattainable illusions and focus all energies to foster coexistence based on equality and justice for all. There can be one state between the river and the sea, and that is a democratic state for all its people, regardless of their ethnicity or religious beliefs.

However, King’s proposal is not for one democratic state. Far from it, he again demonizes the Palestinians for a failed Palestinian state in “Judea and Samaria” (code phrase for “this land between the river and the sea only belongs to the Jews and anyone else should leave”) which he says threatens the people of Israel, and he urges the Administration to reject the “two-state solution” as the U.S. diplomatic policy objective and to advocate for a new approach that prioritizes the State of Israel’s sovereignty, security, and borders.

That pesky little problem of what to do about the legal, human, economic and moral rights of the Palestinians is not addressed.

Representative Dennis Ross (R-FL) has 57 cosponsors for his asinine H. Res. 14 scolding President Obama for abstaining on the UN Security Council’s passage of  Resolution 2334 adopted on December 23, 2016. (Note: Don’t mistake this Dennis Ross for the other Dennis Ross, the former U.S. Ambassador to the U.N.)

What’s got Rep. Ross’s knickers in a bunch?  The community of nations reiterated well-established international law — that Israel’s settlements in the occupied West Bank are illegal. Period. There’s no debate among legal scholars about that fact, but AIPAC wants to make sure Israel’s supporters in Congress stand firm and denounce these “one-sided, anti-Israel” measures.

It will be interesting to see how many members of Congress jump to attention to reassure Netanyahu that they have his back. It will also be interesting to see how self-identified “progressive” Democrats in the Congress defend their support of H.Res. 14.  Since when did opposing international law become a progressive value?

Senator Jerry Moran (R-KS) chastises the Obama Administration’s abstention decision at the U.N. in softer terms, but no less objectionable to any reasonable observer of politics in the Middle East. See, S.Res. 5.  Who can argue with bilateral talks – point 1?  Or with point 2? However, points 3 – 11 are so one-sided that they reveal the true intention of the sponsor. To illustrate the skewed nature of S.Res. 5, I’ve drafted some counter points.

S. Res. 5 –

(1) urges the President and the international community to join in supporting bilateral talks between the Israelis and Palestinians;

(2) expresses support for individuals and organizations working to bring about peace and cooperation between the Israelis and Palestinians;

(3) opposes the use of the United Nations as a medium to unfairly impose external remedies to challenges between the Israelis and Palestinians;

(3a) Lora writes: supports the United Nations as the appropriate venue for resolving international conflicts, including the challenges between the Israelis and Palestinians.

(4) objects to the December 2016 abstention and declination to veto United Nations Security Council Resolution 2334 by delegates of the United States at the United Nations;

(4a) Lora writes: supports the December 2016 abstention and declination to veto United Nations Security Council Resolution 2334. 

(5) regrets and seeks to reverse the negative public criticism of Israel by United States diplomats;

(5a) Lora writes: applauds Secretary Kerry’s “Separate and Unequal” message on December 28 warning both sides that the end of the two-state solution is at hand.

(6) urges the President-elect to adopt a policy of opposing and vetoing if necessary one-sided United Nations Security Council resolutions targeting Israel;

(6a) Lora writes: urges the President-elect to adopt a policy of thoughtful review and consideration of all United Nations Security Council resolutions that address international law and the rights and responsibilities of the Israelis and Palestinians;

(7) rejects international efforts to delegitimize Israel’s right to exist;

(7a) Lora writes: rejects any efforts that undermine the rights of Palestinians to self-determination;

(8) supports Israel’s right to self-defense;

(8a) Lora writes: supports the right of all people in the Middle East to live in peace and harmony;

(9) condemns acts of terrorism and violence targeted at Israeli civilians;

(9a) Lora writes: condemns acts of terrorism and violence targeted at any civilians, regardless of ethnicity, race, or religion;

(10) reiterates that Palestinian political goals will never be achieved through violence; and

(10a) Lora writes: reiterates that the political goals of the Israelis and Palestinians will never be achieved through violence; and 

(11) calls on all parties to return to negotiations and without preconditions, as direct discussions remain the best mechanism to end the Israeli-Palestinian conflict.

(11a) Lora writes: calls on the State of Israel to end its illegal settlement expansion in the occupied West Bank, so that all parties may return to negotiations, as direct discussions remain the best mechanism to end the Israeli-Palestinian conflict.

S. Res. 6, introduced by Senator Marco Rubio (R-FL) is similar to the others but probably has more steam with its bipartisan list of 59 cosponsors.  The take-away messages from S.Res. 6 are (1) damn the United Nations for meddling in the Middle East, (2) damn everyone else for unfairly boycotting or ostracizing Israel, and (3) lets return to the status quo of endless talking and searching for a two-state solution while Israel continues to build its settlements in the occupied West Bank. Sounds like Senator Rubio and his colleagues favor allowing Israel to eat the pizza while urging the parties to talk about how to divide the pizza.

S. Res. 6 also mentions the Paris Conference scheduled on January 15th – more about that in a later blog post.

The points itemized in S. Res. 6 are:

(1) expresses grave objection to United Nations Security Council Resolution 2334 (2016);

(2) calls for United Nations Security Council Resolution 2334 to be repealed or fundamentally altered so that it is no longer one-sided and allows all final status issues toward a two-state solution to be resolved through direct bilateral negotiations between the parties;

(3) rejects efforts by outside bodies, including the United Nations Security Council, to impose solutions from the outside that set back the cause of peace;

(4) demands that the United States ensure that no action is taken at the Paris Conference on the Israeli-Palestinian conflict scheduled for January 15, 2017, that imposes an agreement or parameters on the parties;

(5) notes that granting membership and statehood standing to the Palestinians at the United Nations, its specialized agencies, and other international institutions outside of the context of a bilateral peace agreement with Israel would cause severe harm to the peace process, and would likely trigger the implementation of penalties under sections 7036 and 7041(j) of the Department of State, Foreign Operations, and Related Agencies Appropriations Act, 2016 (division K of Public Law 114–113);

(6) rejects any efforts by the United Nations, United Nations agencies, United Nations member states, and other international organizations to use United Nations Security Council Resolution 2334 to further isolate Israel through economic or other boycotts or any other measures, and urges the United States Government to take action where needed to counter any attempts to use United Nations Security Council Resolution 2334 to further isolate Israel;

(7) urges the current Presidential administration and all future Presidential administrations to uphold the practice of vetoing all United Nations Security Council resolutions that seek to insert the Council into the peace process, recognize unilateral Palestinian actions including declaration of a Palestinian state, or dictate terms and a timeline for a solution to the Israeli-Palestinian conflict;

(8) reaffirms that it is the policy of the United States to continue to seek a sustainable, just, and secure two-state solution to resolve the conflict between the Israelis and the Palestinians; and

(9) urges the incoming Administration to work with Congress to create conditions that facilitate the resumption of direct, bilateral negotiations without preconditions between Israelis and Palestinians with the goal of achieving a sustainable agreement that is acceptable to both sides.

H. Res. 23 sponsored by Rep. David Price (D-NC) has 101 cosponsors, including my Congresswoman Michelle Lujan-Grisham (D-NM), so it likely has alot of momentum. Although H. Res. 23 seems more benign than the others, it’s problematic for 2 simple reasons: it (1) opposes BDS, (“Whereas the United States steadfastly opposes boycotts, divestment campaigns and sanctions targeting the State of Israel”); and (2) favors the U.S. using its veto power in the U.N. Security Council to thwart the overwhelming global consensus on issues that impact Israel. H. Res. 23 provides:

(1) the United States should continue to support a durable and sustainable two-state solution to resolve the long-standing conflict between Israelis and Palestinians;

(2) a viable and sustainable two-state solution can only be achieved through direct negotiations between Israelis and Palestinians;

(3) the United States should continue to oppose, and if necessary, veto future United Nations Security Council resolutions that seek to impose solutions to final status issues, or are one-sided and anti-Israel; and

(4) the United States should continue to work with Israelis and Palestinians to create the conditions for successful final-status peace negotiations.

Three other measures focus on Jerusalem. Both the Israelis and Palestinians consider Jerusalem their capital, and that city has been the focal point of much of the conflict. Members of the U.S. Congress want to bully their way into this hot pot by recognizing Jerusalem as Israel’s capital, to the detriment of any legitimate claims the Palestinians might have.

H.R.265 – To recognize Jerusalem as the capital of Israel, to relocate to Jerusalem the United States Embassy in Israel, and for other purposes.

H.R.257 – To recognize Jerusalem as the capital of Israel and to transfer to Jerusalem the United States Embassy located in Tel Aviv.

S.11 – Jerusalem Embassy and Recognition Act

Time to write and/or call your member of Congress and let them know what you think about these resolutions.

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“Why can’t the Palestinian leaders build a state like the Zionists did after the Holocaust?”

“Why aren’t the Palestinian leaders building a country like my parents, survivors of the Holocaust and millions like them, did with Israel, instead of building tunnels, shooting missiles and subjecting their people to untold horrors?”

I gasped when I read this question sent to me by a well-educated, university professor in Israel. It was a serious question, deserving a serious response.

Where to begin?

To dissuade my friend of any notion that Palestinians might be incapable of building a country, I’ll remind him of the cities, industry, agriculture, schools and civic life that flourished in Palestine before my friend’s parents and other Zionists arrived. Please watch this 10 minute video.

When I returned from Gaza two years ago, I wrote my layman’s version of the history of Palestine here and here. Israel’s 67 years of dispossession, ethnic cleansing, and occupation of Palestine — as well as current events, including the Palestinian resistance and Israel’s successive military operations in the West Bank and Gaza — can only be understood in the context of the Nakba. I believe my Israeli friend’s question is sincere because either he doesn’t know about the Nakba (past and present) نكبة or he has decided to ignore and minimize the ongoing impacts of the Nakba.

I credit Ilan Pappe and Noam Chomsky for opening my eyes about the Nakba.

In the late 1980s, a group of Israeli historians, including Ilan Pappe and Benny Morris, began to challenge the commonly accepted version of Israeli history based on newly declassified Israeli government documents. Morris called them the New Historians. They went head-to-head with the traditional historians who cast Israel as the peace-seeking victim in a hostile Arab world, the David-and-Goliath narrative. The New Historians shared a more nuanced history of the exodus of the Palestinians and the reasons for the persistent political deadlock with the Arab states in the region.

Professor Ilan Pappe’s book “Ethnic Cleansing” was my education about the Nakba. I hope my friend will read it. In this video, Pappe describes in great detail about the Zionists who committed the Nakba crimes. He urges us to know the names of the perpetrators, the victims, the places and events of the Nakba. Pappe also speaks about the “conspiracy of silence” by the international community in 1948. Please watch.

So . . . . . why can’t the Palestinian leaders do what the Zionists have done (are still doing) in creating the State of Israel?

  • If my friend’s parents and other Zionists had decided to live peacefully side-by-side with the indigenous population when they arrived in Palestine, as Jews, Christians and Muslims had lived for many years, we would certainly be watching very different events unfold in the Middle East today.  The footage in this short clip shows a time when Palestinians of all faiths lived and worked side by side in harmony.
  • If the Zionists believed in a democracy that values plurality rather than an apartheid regime that values Jews over non-Jews, we would certainly be watching very different events unfold in the Middle East today. Saree Makdisi explains apartheid very well here and in his book “Palestine Inside Out: An Everyday Occupation.”

“Apartheid” isn’t just a term of insult; it’s a word with a very specific legal meaning, as defined by the International Convention on the Suppression and Punishment of the Crime of Apartheid, adopted by the U.N. General Assembly in 1973 and ratified by most United Nations member states (Israel and the United States are exceptions, to their shame).

apartheid wall

  • If Israel had not waged three military campaigns in Gaza over the past six years, Operation Cast Lead (2008-2009), Operation Pillar of Defense (2012) which I witnessed first hand from the ground in Gaza, and the most recent Operation Protective Edge (2014), and if Israel lifted the multi-year siege and blockade of Gaza, and if Israel allowed Palestinians in Gaza to travel freely to pursue educational opportunities, visit family, accept jobs, seek medical attention, etc., — if none of these inhumane actions had occurred and were still occurring — we certainly would be witnessing a vibrant economy in Gaza with the next generation of Palestinians living in hope, not despair. Instead, the U.N. is predicting that Gaza will be uninhabitable by 2020. Some of my blog posts from Operation Pillar of Defense are here, here and here.

I can hear your retort now, my friend.  It sounds something like this.  (I hope you are not offended, but I’ve heard the same words spoken seriously by many, many Jews.)

albert_einstein_quotes2

So long as the Zionists maintain the brutal occupation and dehumanization of the Palestinians, as they have for decades, resistance will continue.  Resistance in the form of political resistance at the United Nations, resistance at the International Criminal Court, cultural resistance such as teaching the next generation the Palestinian traditions, economic resistance, non-violent resistance in Budrus, resistance with the pen, and violent resistance.

I’ll conclude with Noura Erakat’s well-reasoned explanation of why Israel’s occupation is illegal. As an attorney yourself, I hope you will give Ms. Erakat the time and respect she deserves by reading her paper.

I appreciate your question which initiated this blog post, and I hope we will continue this discussion. Even more, I hope the occupation and dispossession of Palestinians from their land, which your parents and other Zionists started so many years ago, will come to an end very soon.

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U.N. Commission makes recommendations — is anyone listening?

Now that Obama has a veto-proof Congress in favor of his Iran nuke deal, I’m wondering how Netanyahu is going to spin this. Will he dig in his heels and rant about this treachery? Or will he try to rebuild bridges between Israel and the U.S.?

Given Bibi’s response in June to the recommendations of the Independent U.N. Commission of Inquiry charged with investigating Israel’s so-called Operation Protective Edge, I suspect Netanyahu lives in a bubble — a bubble of his own reality untouched by contrary evidence.

The Israeli government’s response to the U.N. report was also predictable.

It is regrettable that the report fails to recognize the profound difference between Israel’s moral behavior during Operation Protective Edge and the terror organizations it confronted. This report was commissioned by a notoriously biased institution, given an obviously biased mandate.

The State of Israel has never taken any U.N. recommendations to heart, so it’s unlikely there will be a change of heart in 2015.

676.        The persistent lack of implementation of recommendations – made by previous commissions of inquiry, fact-finding missions, United Nations treaty bodies, special procedures and other United Nations bodies, in particular the Secretary-General and OHCHR – lies at the heart of the systematic recurrence of violations in Israel and the Occupied Palestinian Territory. 

Israel is the recalcitrant child who rejects authority figures and refuses to take any responsibility for his own predicament.

recalcitrant child

The U.N. recommendations are quite rational. Hopefully, the adults in the community of nations will take note and recognize that these reasonable recommendations must be implemented to avert another humanitarian crisis in Gaza.

677.     The commission calls upon all parties to fully respect international humanitarian law and international human rights law, including the main principles of distinction, proportionality and precaution, and to establish promptly credible, effective, transparent and independent accountability mechanisms. The right of all victims to an effective remedy, including full reparations, must be ensured without further delay. In this context, the parties should cooperate fully with the preliminary examination of the International Criminal Court and with any subsequent investigation that may be opened.

The Palestinians are pressing the International Criminal Court to investigate Israel for war crimes in Gaza and for continued settlement expansion in the West Bank. Israel

678.    The commission also calls upon Israelis and Palestinians to demonstrate political leadership by both refraining from and taking active steps to prevent statements that dehumanize the other side, incite hatred, and only serve to perpetuate a culture of violence.

I think #678 is a very important recommendation, but I haven’t seen any evidence that either side acknowledges or takes it seriously.  Bruce Katz, co-founder of Palestinian & Jewish Unity, was recently interviewed on Press TV — see here.http://presstv.ir/Default/embed/426545

Katz: There is nothing surprising and it is absolutely inhuman but it is part of the overall process of dehumanization that the Palestinians have suffered at the hands of Israel’s successive apartheid governments and the Netanyahu government simply seems to be the worst of all. Obviously you can only do what they have done to the Palestinians in Gaza, if you consider them to be subhumans which is exactly what the Israeli officials believe and that was reflected just recently by a statement coming from Moshe Ya’alon who is Israel’s defense minister; he as a matter of fact threatened Iran with a nuclear attack that would rival Nagasaki and Hiroshima [attacks]. He also said in that statement that he would kill as many children in Iran as in Gaza.

The remaining recommendations from the U.N. Independent Commission of Inquiry address Israel, Palestine and the international community.

679.    The commission calls upon the Government of Israel to conduct a thorough, transparent, objective and credible review of policies governing military operations and of law enforcement activities in the context of the occupation, as defined by political and military decision-makers, to ensure compliance with international humanitarian law and human rights law, specifically with regard to:

       (a)           The use of explosive weapons with wide-area effects in densely populated areas, including in the vicinity of specifically protected objects;

       (b)           The definition of military objectives;

       (c)           The tactics of targeting residential buildings;

       (d)           The effectiveness of precautionary measures;

       (e)           The protection of civilians in the context of the application of the Hannibal directive;

       (f)            Ensuring that the principle of distinction is respected when active neighbourhoods are declared “sterile combat zones”;

       (g)           The use of live ammunition in crowd control situations.

680.   The review should also examine mechanisms for continuous review of respect for international humanitarian law and human rights law during military operations and in the course of law enforcement activities in the context of the occupation.

In June, Israel exonerated itself over the killings of the four Bakr children on the Gaza beach. Does anyone have any hope that Israel can investigate itself?

681.    The commission further calls upon the Government of Israel:

       (a)           To ensure that investigations comply with international human rights standards and that allegations of international crimes, where substantiated, are met with indictments, prosecutions and convictions, with sentences commensurate to the crime, and to take all measures necessary to ensure that such investigations will not be  confined to individual soldiers alone, but will also encompass members of the political and military establishment, including at the senior level, where appropriate;

       (b)           To implement all the recommendations contained in the second Turkel report, in particular recommendation no. 2 calling for the enactment of provisions that impose direct criminal liability on military commanders and civilian superiors for offenses committed by their subordinates, in line with the doctrine of command responsibility;

       (c)           To grant access to Israel and the Occupied Palestinian Territory for, and cooperate with, international human rights bodies and non-governmental organizations concerned with investigating alleged violations of international law by all duty bearers and any mechanisms established by the Human Rights Council to follow up on the present report;

       (d)           To address structural issues that fuel the conflict and have a negative impact on a wide range of human rights, including the right to self-determination; in particular, to lift, immediately and unconditionally, the blockade on Gaza; to cease all settlement-related activity, including the transfer of Israel’s own population to the occupied territory; and to implement the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory;

       (e)           To accede to the Rome Statute.

682.    The commission calls upon the State of Palestine:

       (a)           To ensure that investigations into violations of international humanitarian law and international human rights law, including international crimes, by the Palestinian Authority, the authorities in Gaza and Palestinian armed groups, where substantiated, comply with international human rights standards and that full accountability is achieved, including through criminal proceedings;

       (b)           To accelerate efforts to translate the declarations on Palestinian unity into tangible measures on grounds that would enable the Government of national consensus to ensure the protection of human rights and to achieve accountability for victims.

683.    The commission calls upon the authorities in Gaza and Palestinian armed groups:

       (a)           To respect the principles of distinction, proportionality and precaution, including by ending all attacks on Israeli civilians and civilian objects, and stopping all rocket attacks and other actions that may spread terror among the civilian population in Israel;

       (b)           To take measures to prevent extrajudicial executions and eradicate torture, cruel, inhuman and degrading treatment; to cooperate with national investigations aimed to bring those responsible for violations of international law to justice; and to combat the stigma faced by families of alleged collaborators.

684.    The commission calls upon the international community:

       (a)           To promote compliance with human rights obligations, and to respect, and to ensure respect for, international humanitarian law in the Occupied Palestinian Territory and Israel, in accordance with article 1 common to the Geneva Conventions;

       (b)           To use its influence to prevent and end violations, and to refrain from encouraging violations by other parties;

       (c)           To accelerate and intensify efforts to develop legal and policy standards that would limit the use of explosive weapons with wide-area effects in populated areas with a view to strengthening the protection of civilians during hostilities;

       (d)           To support actively the work of the International Criminal Court in relation to the Occupied Palestinian Territory; to exercise universal jurisdiction to try international crimes in national courts; and to comply with extradition requests pertaining to suspects of such crimes to countries where they would face a fair trial.

685.   The commission recommends that the Human Rights Council consider conducting a comprehensive review of the implementation of the numerous recommendations addressed to the parties by its own mechanisms, in particular relevant commissions of inquiry and fact-finding missions and explore mechanisms to ensure their implementation.

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Day #24 – July 30, 2014 – Capitol Hill Briefing

A year following Israel’s Operation Protective Edge —- its 51-day assault on Gaza —- members of the U.S. Congress have received precious little information about the impacts of Israel’s military campaign, the one they generously funded and restocked on this day in 2014. ABC News reported (7-30-14):

On July 20 Israel made a foreign military sales request for munitions that included an undisclosed amount of 120 mm tank rounds and 40 mm illumination rounds for grenade launchers. The defense official said the ammunition was sold to Israel as a “routine” foreign military sales request and not an emergency request to tap into the U.S. military stockpile in Israel.

The Israeli request to purchase the ammunition was made just days after Israel launched its ground offensive into Gaza. The fighting in Gaza since has resulted in the deaths of 1,340 Palestinians and 59 Israelis, according to the Palestinian Health Ministry. More than 7,200 have been injured.

The U.S. Campaign to End the Israeli Occupation, along with others, organized a briefing for Congress yesterday.  About 75 people attended, a good number considering the event was competing with a hearing on the nuclear agreement with Iran.

The full hour-long video of the briefing is available here.  The speakers were:

Nadia Ben-Youssef, USA Representative, Adalah: The Legal Center for Arab Minority Rights in Israel

Eman Mohammed, Gaza photojournalist; contributor, Gaza Unsilenced

Brad Parker, International Advocacy Officer, Defense for Children International Palestine

Moderated by: Josh Ruebner, Policy Director, US Campaign to End the Israeli Occupation

Each speaker is a heavy-weight in his/her own right and each presents compelling testimony. You can view each of their presentations separately here.

If you have time or a limited attention span and can only watch one, I recommend Nadia’s presentation. She is an attorney who talks about the efforts to hold Israel accountable.

Although I invited my Congressional delegation, they didn’t attend. 😦  I’m going to send them this blog post with a simple request.  After funding Israel’s military and giving the Green Light for its operation last summer, they should be informed about the impacts of U.S. unconditional support for Israel’s “right to defend” itself.  I’m going to be a pitbull and demand they listen to Nadia Ben-Youssef.

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Day #17 – July 23, 2014 – Speaking out in Geneva

On 23 July 2014, the Geneva International Center for Justice delivered an oral statement during the 21st Special Session of the Human Rights Council, addressing the Human Rights situation in Palestine. GICJ stated that the right to self-defense had repeatedly been abused by Israel in order to justify its systematic reprisals against Palestinians and demanded an immediate ceasefire for the “Operation Protective Edge,” the establishment of an urgent and independent commission of inquiry and for all responsible to be brought to the International Criminal Court.

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Human Rights Council demands accountability for war crimes in Gaza

UN HRC vote

Today (July 3, 2015) the U.N. Human Rights Council adopted a resolution calling for accountability for possible war crimes committed in Gaza last summer.  The USA was the only member to vote NO.

Does President Obama and the others in the Administration understand the message this vote sends to the rest of the world?

Human Rights Council

Twenty-ninth session

Agenda item 7

Human rights situation in Palestine and other
occupied Arab territories

                         Bolivia (Plurinational State of), Cuba, Ecuador,* Namibia, Nicaragua,* Pakistan (on behalf of the Organization of Islamic Cooperation), Tunisia* (on behalf of the Group of Arab States), Venezuela (Bolivarian Republic of): draft resolution

29/…  Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem

       The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the relevant rules and principles of international law, including international humanitarian law and human rights law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to the Occupied Palestinian Territory, including East Jerusalem,

Recalling also the Universal Declaration of Human Rights and the other human rights covenants, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child,

Recalling further its relevant resolutions, including resolutions S-9/1 of 12 January 2009 and S-21/1 of 23 July 2014, and the report of the United Nations Fact-Finding Mission on the Gaza Conflict,[1]

Expressing its appreciation to the independent commission of inquiry on the 2014 Gaza conflict for its comprehensive report,[2]

Affirming the obligation of all parties to respect international humanitarian law and international human rights law,

Emphasizing the importance of the safety and well-being of all civilians, reaffirming the obligation to ensure the protection of civilians in armed conflict, and deploring the civilian deaths that resulted from the conflict in and around the Gaza Strip in July and August 2014, including the killing of 1,462 Palestinian civilians, including 551 children and 299 women, and six Israeli civilians,

Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law, including possible war crimes, committed in the context of the military operations conducted in the Occupied Palestinian Territory in 2008 and 2009 and in 2014, particularly in the Gaza Strip, including the findings of the United Nations Fact-Finding Mission on the Gaza Conflict, of the independent commission of inquiry on the 2014 Gaza conflict, and of the boards of inquiry convened by the Secretary-General,

Condemning all violations of human rights and of international humanitarian law, and appalled at the widespread and unprecedented levels of destruction, death and human suffering caused,

Stressing the urgency of achieving without delay an end to the Israeli occupation that began in 1967,

Deploring the non-cooperation by Israel with the independent commission of inquiry on the 2014 Gaza conflict and the refusal to grant access to or to cooperate with international human rights bodies seeking to investigate alleged violations of international law in the Occupied Palestinian Territory, including East Jerusalem,

Regretting the lack of implementation of the recommendations contained in the report of the United Nations Fact-Finding Mission on the Gaza Conflict, which follows a pattern of lack of implementation of recommendations made by United Nations mechanisms and bodies,

Alarmed that long-standing systemic impunity for international law violations has allowed for the recurrence of grave violations without consequence, and stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law in order to end impunity, ensure justice, deter further violations, protect civilians and promote peace,

Emphasizing the need for States to investigate grave breaches of the Geneva Conventions of 1949 to end impunity, uphold their obligations to ensure respect, and promote international accountability,

Noting the accession by Palestine to the Rome Statute of the International Criminal Court on 2 January 2015,

  1. Welcomes the report of the independent commission of inquiry on the 2014 Gaza conflict;2
  2. Calls upon all duty bearers and United Nations bodies to pursue the implementation of all recommendations contained in the report of the commission of inquiry, in accordance with their respective mandates;
  3. Notes the importance of the work of the commission of inquiry and of the United Nations Fact-Finding Mission on the Gaza Conflict of 2009 and the information collected regarding grave violations in support of future accountability efforts, in particular, information on alleged perpetrators of violations of international law;
  4. Emphasizes the need to ensure that all those responsible for violations of international humanitarian law and international human rights law are held to account through appropriate fair and independent domestic or international criminal justice mechanisms, and to ensure the right of all victims to an effective remedy, including full reparations, and stresses the need to pursue practical steps towards these goals;
  5. Calls upon the parties concerned to cooperate fully with the preliminary examination of the International Criminal Court and with any subsequent investigation that may be opened;
  6. Calls upon all States to promote compliance with human rights obligations and all High Contracting Parties to the Fourth Geneva Convention to respect, and to ensure respect for, international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, in accordance with article 1 common to the Geneva Conventions, and to fulfil their obligations under articles 146, 147 and 148 of the said Convention with regard to penal sanctions, grave breaches and the responsibilities of the High Contracting Parties;
  7. Recommends that the General Assembly remain apprised of the matter until it is satisfied that appropriate action with regard to implementing the recommendations made by the United Nations Fact-Finding Mission on the Gaza Conflict in its report has been or is being taken appropriately at the domestic or international levels to ensure justice for victims and accountability for perpetrators;
  8. Requests the United Nations High Commissioner for Human Rights to present, as part of the reporting requested by the Human Rights Council in its resolutions S-9/1 and S-12/1, a report on the implementation of the present resolution, as well as on the implementation of the recommendations contained in the reports of the independent commission of inquiry on the 2014 Gaza conflict and of the United Nations Fact-Finding Mission on the Gaza Conflict, to the Council at its thirty-first session;
  9. Decides to remain seized of the matter.

                                *    Non-member State of the Human Rights Council.

                     [1]   A/HRC/12/48.

                     [2]   A/HRC/29/52.

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Filed under Gaza, Israel, Israel Defense Forces, United Nations, US Policy

UN Commission Finds Possible War Crimes – Next Step ICC

Rumor has it that the United Nations Human Rights Council (HRC) will have an opportunity to vote tomorrow (July 3, 2015) on a Resolution supporting the Report of the Independent Commission of Inquiry on the 2014 Gaza Conflict. The United States is an HRC member, and I’m making calls to the White House and State Department today urging our support. The Administration has already signaled its opinion that nothing further should be done with the UN report.

One year following the brutal 2014 Operation Protective Edge, and people in Gaza are still waiting for reconstruction to begin, for some healing, if possible. They certainly don’t want to be forgotten.

Palestinian child's drawing in Gaza

Palestinian child’s drawing in Gaza

The U.N. Report generated considerable criticism, although most readers only look for facts to support their predetermined ideas or bias, with objectivity in short supply. Instead, we find confirmation bias operating like a software program quietly beneath the surface, behind our active thought processes, so we don’t even recognize it’s there.

“What is my bias?” I ask myself.

I must have been wearing my super-duper law professor goggles when I read the U.N. Report because I kept thinking “this would make a wonderful syllabus for a law school class focused on international humanitarian and human rights law.”  The summary of the applicable laws, the presentation of the facts, the description of the “reasonable person standard” and how the law is applied to the facts —- it was all there.

A reasonable and ordinarily prudent person would have reason to believe that such an incident or pattern of conduct had occurred. (A lower standard than is required in criminal trials.) (para. 19)

With methodological detail, the Commissioners even “schooled” Israel’s Military Advocate General on using proper investigative techniques (para. 630-633) and corrected the drafter of the IDF Code of Ethics that the new term “enemy civilian” does not exist in international law.

“One of the most elementary principles of international humanitarian law is the obligation to distinguish between combatants and civilians; however it never establishes different categories of civilians. The commission reiterates that a civilian is a civilian regardless of nationality, race or the place where he or she lives.” (para. 395)

Commissioners Davis and Diene, each highly qualified for the difficult task assigned to them, stuck to the facts without hyperbole or exaggeration.

Mary McGowan Davis (USA) and Doudou Diene (Senegal)

Mary McGowan Davis (USA) and Doudou Diene (Senegal)

Many advocates on both sides (Israel & Palestine) were not pleased with the UN Report, as I posted earlier.  Perhaps they were expecting something different or didn’t understand the role and responsibilities of this Commission. Davis and Diene were not appointed to be judge and jury, and were certainly not going to render a verdict or deliver justice. They were appointed as an investigative team to ferret out the facts, and to ensure that the voices of all victims were heard. (para.6) 

Although Israel denied them access to Gaza, and refused to cooperate with the investigation, the Commission conducted more than 280 confidential interviews on both sides, reviewed more than 500 written submissions, including satellite imagery, expert weapons analyses, video file & photos. (para. 14)

What follows are some snippets from the U.N. Report that I wish had been highlighted in the mainstream media, but were not.

  • The Commission found that Israel has “effective control” over Gaza. (para. 30) Despite Israel’s assertions that it evacuated Gaza in 2005, and thus the Gaza Strip is no longer occupied territory, the Commission disagreed.
  • Israel claims that the international human rights (IHR) laws and international humanitarian laws (laws of war) are mutually exclusive and so the IHR do not apply to Gaza, but the Commission didn’t buy that notion for a second. (para. 39-40)
  • In a breath of fresh air, the Commission noted that the International Court of Justice (ICJ) has observed that the “existence of a ‘Palestinian people’ is no longer in issue.  The right of self-determination is part of the ‘legitimate rights’ of the Palestinian people.” (para. 42)
  • Some commentators have criticised the U.N. Report for not establishing the proper “context” and for equating the State of Israel with its nemesis and archrival Hamas. The Commission, however, placed the hostilities in the context of the prolonged occupation, an increasing number of rocket attacks on Israel and no “political prospects for reaching a solution to the conflict that would achieve peace and security for Palestinians and Israelis and realize the right to self-determination of the Palestinian people.” The Commission also noted Israel’s blockade since 2007 is strangling the people in Gaza (para. 53-54) and that the impact of the 2014 war cannot be assessed separately from the blockade. (para. 598). The Commission asserted that the Gaza Reconstruction Mechanism established in September 2014 is not a substitute for lifting the blockade. (para. 599).
  • Some commentators have objected to the Report’s perceived “balance” and “evenhandedness” as if both sides experienced equal levels of trauma and loss, and both sides were equally to blame. The facts are duly catalogued and speak for themselves — the number of casualties on either side, the number of buildings and neighborhoods destroyed, the numbers of whole families killed, and the types of weapons used by the IDF and militants — and no one can set this Report down believing there was any equivalency between Israel and Gaza in Operation Protective Edge. (paras. 59 – 215) More than 1,500 Palestinian children were orphaned. (para. 594). Almost 800 women were widowed last summer. (para. 596). 18,000 homes were destroyed, and an estimated 80,000 homes and properties need to be rehabilitated. (para. 576) One hospital and 5 clinics were destroyed in Gaza. Fifteen hospitals and 51 clinics were damaged. (para. 591). 209 schools in Gaza were damaged or destroyed, 3 universities were directly hit by Israeli strikes, while eight sustained collateral damage, 274 kindergartens were damaged and 11 were destroyed. (para. 585)  During the hostilities, approximately 1/2 million Palestinians were displaced (28% of the population in Gaza) (para.577) and more than 300,000 Palestinians took shelter in 85 UNRWA schools thinking they were safe havens, only to find that Israel attacked these shelters 7 times, killing between 44 and 47 people, including 14 children and 4 women. (para. 421) 63 water facilities were damaged and 23 were completely destroyed. 60% of the sewage treatment plants, along with 27% of the pumping stations were destroyed. (para. 584) Contrary to one critical headline, the UN Report was not attempting to hide massive Israeli war crimes behind ‘balance’ smokescreen.
  • Regarding the notorious tunnels between Gaza and Israel that Americans heard so much about on TV last summer, the Commission said it doesn’t know what the purpose of the tunnels might have been but noted that during the time period under investigation, they were only used to attack military targets. (para. 108) The IDF uncovered 32 tunnels. (para.562)
  • The IDF launched more than 6,000 airstrikes on Gaza, 142 families had 3 or more family members killed in the same incident because of the destruction of residential buildings. (para. 111) The testimony of many families was provided in their own words. (para. 117). “A significant % of civilians in Gaza killed during the conflict died inside their home as a direct result of air-strikes or artillery shelling of their neighborhoods, making attacks on houses a key feature of the conflict. These strikes may have constituted military tactics reflective of a broader policy, approved at least tacitly by decisionmakers at the highest levels of the Government of Israel.” (para. 243)
  • Israel demolished several neighborhoods in the Gaza Strip beginning with Beit Hanoun on July 18-19 and  Shuja’iya on July 19-20. (para. 251 – 299) and Khuza’a from July 20 – August 1. (para. 300  et seq) The Commission concluded that razing entire areas in Khuza’a indicates that the IDF carried out destruction that were not required by military necessity, and was carried out unlawfully and wantonly, possibly a war crime. (para. 340)  “The vast scale of destruction may have been adopted as tactics of war.” (para.418)

In Shuja’iya, at about 3.30 p.m., Salem Shamaly, a local resident who had joined a group of international volunteers while searching for his missing cousin, was killed. As the volunteers were crossing a small alley, they heard a shot. The group immediately divided into two and took cover at opposite ends of the alley. Shortly afterwards, Salem Shamaly moved out of the area where he was taking cover and was shot. As he lay injured on the ground, he was shot twice again and killed. This incident was recorded on video. (para. 280)

  • Netanyahu has made Israel’s case for the morality of the Gaza campaign, but “morality” flew the coop when the IDF refused to allow Red Cross ambulances access to help victims, or in the case when the ambulance was permitted to enter but not allowed to leave and so rescue workers had to carry the injured victims out on their shoulders. (para. 332)  The IDF was clearly targeting ambulances (para. 459) and eyewitness testimony described the death of one ambulance driver. (para. 458)  In Khuza’a, a family was forced to leave Ghalia Abu Reda, a 70-year-old woman in a wheelchair, behind as they fled their home. Before shooting her in the head at close range, an IDF soldier posted a photo on Twitter showing the soldiers offering this old woman water. Family members later saw her picture on Twitter. (para. 333)
  • The IDF said that 5000 tons of munitions were supplied last summer.(para. 408) The Commission shared its concern about the explosive power of the weapons and the amount of ordnance used, and noted that it represented a 533% increase over the ordnance used during Operation Cast Lead in (2008-2009) on Gaza. (para. 409). At least 7,000 explosives wait to be recovered in Gaza. (para.575)
  • The U.N. Commission also examined events in the West Bank last summer, noting the murder of 3 Israeli teens (para.503) and the vicious murder of the Palestinian teen, Mohammad Abu Khdeir, (para.505). Israel’s Operation Brother’s Keeper included mass arrests, (para. 509) administrative detentions doubled last summer, (para. 513) approximately 1,400 houses were raided, (para. 519), punitive home demolitions (para.526) and there were serious restrictions on movement. (para.524). Between June 12 and August 26, 2014 — 27 Palestinians were killed in the West Bank, including 5 kids, with over 3,100 injured. (para.533)  A well-known civil society activist was killed by a sniper in the Hebron area with IDF snipers stationed on rooftops. (para.536)

RECOMMENDATIONS:

The take-away message — accountability is the key.

The track record for holding anyone accountable is dismal. Following Operation Cast Lead (2008-09), 52 investigations were opened, 3 were prosecuted, resulting in 4 convictions, not against the most serious violations. Operation Pillar of Defense (Nov. 2012) did not result in any criminal investigations. (para.650) 

A year following Operation Protective Edge, the only indictment has been for a relatively minor offense of theft while Israel has closed its criminal investigation into killing the 4 Bakr boys on the Gaza beach. (para.633)

Left to its own devices, Israel hasn’t shown itself capable of conducting credible investigations in the past, and prefers to obfuscate, discredit the U.N., find generals from other countries to bless its conduct of Operation Protective Edge, and weave its Orwellian tale about “enemy civilians” and being the “most moral army in the world.”

The Commission is concerned that impunity prevails across the board for violations of international humanitarian and human rights law allegedly committed by the IDF, whether it be in the context of active hostilities in Gaza, or the killings, torture and ill-treatment of Palestinians in the West Bank. (para.644)

Among the recommendations that jump out at me:

  • The U.N. Commission asks “both sides to refrain from making statements that dehumanize the other side, incite hatred and only serve to perpetuate a culture of violence.” (para.678)
  • Israel should implement the Turkel recommendations, an initiative of the State of Israel two years ago following the Mavi Marmara killings. I want to learn more about the Turkel recommendations. (para.662)
  • The State of Palestine acceded to the Rome Statute January 1, 2015 which gives the International Criminal Court (ICC) jurisdiction to investigate and prosecute potential war crimes. Palestine also acceded to 7 of 9 core human rights treaties and one substantive protocol. The State of Israel has not acceded to the Rome Statute — it should. (para. 658, 659, 660, 681) Although Israel’s position is that its own internal investigation precludes an ICC investigation, I don’t agree. (para.661) The subject of another blog post.

Rumor has it that the next stop in securing justice for the victims is the ICC. The U.N. Commission’s Report will undoubtedly be an important part of the ICC’s deliberations.

Dahlia Scheindlin’s and Natasha Roth’s commentary “The oddity of finding hope while investigating war crimes” (July 1, 2015) is one of the best I’ve read about the U.N. Report. In it, Commissioner Diène summed up the investigation: “We have heard testimonies from people who have lost relatives, yet have expressed a very deep feeling for the suffering of the other side.” He went on: “The father of Mohammed Abu Khdeir told me that many Israelis came to his house to express their solidarity [after the murder of his son]. …On the other side, the [Israeli] mother of a 4-year-old child that was killed [by a Palestinian rocket] expressed very emotionally her deep thoughts for mothers on the Palestinian side. There was a human side to this war that was not really perceived by the outside world.”

…And that is what international human rights law and

humanitarian law is all about … the people!

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Filed under Gaza, Israel, Israel Defense Forces, Occupation, People, Politics, United Nations, Video