Tag Archives: United Nations

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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My Coddiwomple

Coddiwomple – to travel in a purposeful manner towards a vague destination.

Kabir (a 15th-century Indian mystic poet and saint, whose writings, according to some scholars, influenced Hinduism’s Bhakti movement) — “I felt in need of a great pilgrimage so I sat still for three days.”

My journey began in Malaysia and ended in Dubai, with visits to London, Langholm, Edinburgh, Stirling, Cambridge, Brussels, Leuven, Tilburg, Paris, Lyon, Geneva, Milan, Como, Venice, Cairo and finally to the United Arab Emirates. Despite all the miles, I failed to reach my destination: Gaza, Palestine. [That’s another story.]

My itinerary was clearly not of my own making. My path appeared as the opportunities opened up. I simply kept my eyes and heart open to the possibilities.

Living out of my suitcase for nearly nine months was easy; traveling light is my forte. Staying connected with family and friends was easy too, thanks to WhatsApp and social media. My online SCRABBLE friends will never know how much they kept this traveler tethered to home.

SNAPSHOTS OF MY JOURNEY

MALAYSIA: The invitation to attend the Freedom Film Festival in Kuala Lumpur jump-started my adventure.  (I wrote about it here.)  A month in Malaysia included a radio interview about Gaza, a wedding attended by the new (old) Prime Minister and his wife, a press conference in Penang about an ill-advised and poorly planned highway project, and ended with a visit to a remote village in the Kelabit Highlands where I spoke with a classroom of middle school students, and received a simple request through a translator from an old woman sitting next to me in the village church. “Pray for me. My husband just died and I’m lonely.”

The Kelabit Highlands in Sarawak, Malaysia

I learned an important lesson in Malaysia. I’m never traveling alone despite the fact that I’m a solo traveler, an elderly American woman who can’t speak any language but my mother tongue, and without resources to squander on hotels.  My new Malaysian friends opened their homes to me in Kuala Lumpur and Penang, guided me through their country, shared their time and experience with me, and opened up new possibilities (from tasting the durian fruit in Penang to learning about stingless bees and honey at the agricultural expo in Kuching). When I left Malaysia, I had a new appreciation and confidence about traveling. It’s important to be cautious and smart about my surroundings, but I don’t need to fear the unknown.

EGYPT:  In November, I flew to Cairo and returned to my Egyptian family at Pension Roma. My goal was to finish a writing project (which I did) and get permission from the Egyptian authorities to travel to Gaza (which I didn’t).  Pension Roma has been my home away from home since my first visit in 2011, where I’ve met the most interesting people. This time, Elizabeth from the UK, Mona from Paris, Andre from Canada, and Belal from Gaza were my new friends. We traveled to new and old places in Cairo; Mona and Andre and I took the train one day to Alexandria; and Mona and I traveled to an Ecolodge in the Fayoum Oasis where we met Evelyne Porret, a potter from Switzerland, who transported the art and commerce of pottery to the village of Tunis in the 1980s.

Mona and I rode on a Felucca on Qarun Lake, visited the Wadi el Rayan protected area, explored the Meidum Pyramid that hasn’t been open to tourists for years, and dodged the Egyptian security detail following us. On my 65th birthday, my friends surprised me with a cake and a serenade at Filfila, one of my favorite restaurants in Cairo Jimmy Carter visited many years ago. I made a birthday resolution to walk 10,000 steps each day, a reasonable goal since I love to walk so much.

A casual remark from an employee at the U.S. Embassy in Cairo confirmed that the U.S. and Egyptian governments are working together to keep Americans out of Gaza. I was very disheartened and not sure about my next step until an American friend in London invited me to spend the Christmas holidays with him. With my writing project completed and no plans on my horizon, I jumped on a plane to London.

LONDON AND NORTH TO SCOTLAND:

I’ve never been to London, and seeing the city for the first time with Maurice was a wonderful reintroduction to the West following my adventures in Malaysia and Egypt.  In addition to the famous tourist spots, we walked and walked and walked . . . 3 dogs to be exact. Maurice and I decided to accept a house-sitting, dog-sitting assignment in the East End for nearly 3 weeks which allowed me to experience London at the granular level (sidewalk by sidewalk).

One day I met the author of Shy Radicals, another day I met a Facebook friend who shares my passionate advocacy on Gaza and also loves live theater. I joined a protest against the maltreatment of refugees. Amid everything new and exciting, I learned something important about myself. I’m stubborn, judgmental and have little patience when things aren’t going MY WAY.

Maurice and I decided to accept another dog-sitting assignment —- but he headed south and I took the bus north to Langholm where I was suppose to meet up with a retired Buddhist nun. Maurice and I had talked with her on the phone a couple of times from London; Maurice thought she might have a screw loose but I thought she sounded OK. Maurice’s instincts turned out to be accurate. She lived alone in squalid conditions with a little dog. It looked like the kitchen sink held dirty dishes that had piled up for several weeks, and she was a hoarder. I spent the night on her couch and extracted myself at dawn with a quiet “goodbye”.  I would have sought out protective services to assist her but she told me her adult son was visiting later that day, and I told her neighbor that I was leaving.

Without any alternative plans, where should I go? What should I do? I decided to check out the Samye Ling Tibetan Buddhist Monastery up the road from Langholm, the nun’s spiritual home. I found a quiet retreat center at the monastery and was assigned a bunk bed in a room for six people but I was alone. January is a quiet time in northern England.

Samye Ling Tibetan Buddhist Monastery

The monastery’s quiet serenity included peaceful walks around the large estate, simple but delicious meals, nightly prayers in the temple, reading a very good book set in Scotland (Outlander) and lots of sleep. I arrived with a persistent cough that wasn’t getting better. The monk leading the prayers each night read off a list of names — people we were praying for — and I added my family to the list. Someone added my name to the list as well. One evening I was so tired, I skipped dinner and slept. When I awoke, I found a note next to my bed with a piece of bread and jam. “In case you’re hungry when you wake up.” Another evening the night watchman brought me a special medicinal tea bag that he said might help.

A monk recommended I visit with a doctor in town, and so I caught the bus for the 30 minute ride back into Langholm and the small clinic. A nurse practitioner saw me without an appointment. After many questions, taking my vitals and listening to my chest, she prescribed Amoxicillin and told me to return in a week if I didn’t feel better. Neither the clinic nor the pharmacy wanted a penny from me!

Within a week I was feeling much better and able to sit through the evening prayer in the temple without coughing. I may never know whether the prayers, the Amoxicillin, the medicinal tea, or simply the extended bed rest were responsible for my healing, but I learned an important lesson at Samye Ling. 

There are angels all around us, some we see and many we don’t. Speaking to them through prayer is a powerful way to connect with each other and the universe.  I learned how to pray at Samye Ling.

EDINBURGH: 

Scotland in January is cold, damp and gray but I didn’t know if I’d ever return and so at the end of the month I caught a bus to Edinburgh. I was hooked on getting to know Diana Gabaldon’s Scotland in her Outlander series better.

I walked and walked and walked, but noticed I was walking with more difficulty. Old Edinburgh is a three-dimensional city with steps everywhere. I spent part of every day in the Central Library Reading Room working on another writing assignment. Then I went exploring the city when it wasn’t raining, and sitting in Starbucks reading when it was.

Friends suggested I taste the Scotch. One evening I went up to the bar to ask for a recommendation. The bartender served me and the young man next to me paid for it. He could have been my grandson. I thanked him and asked him why? He said he was paying it forward, and suggested I do the same. The next day I discovered Social Bite where I bought lunch and paid it forward.

In Edinburgh I observed a heated debate about homelessness in Parliament, and watched the Advocates make their oral arguments in court wearing their robes and white wigs. I walked past protesters demanding a vote on whether or not to leave the UK following the ill-conceived Brexit move which a majority in Scotland didn’t support. I found myself caught in the middle of the Irish rugby fans waiting in front of Balmoral Hotel for their team to depart, walked through the Palace of HolyRoodhouse, and felt immersed in history everywhere.  The high points of my visit were the people I connected with — including a friend from Samye Ling, a friend from Gaza, and new friends from South Korea and Italy.  I finished my writing project and reserved a train to London.

I learned an important lesson in Edinburgh.  As much as I love to explore places and cities (I’m a city planner after all), it’s meeting people (old and new) that give my life meaning. The places and cities shape our understanding of the world and each other, but people provide the glue that makes the world turn.

LONDON REDUX:

In February, Maurice and I reconnected in London. This visit involved less tourism and more activism as I stood with the Women in Black at the Edith Cavell memorial, observed a discussion about Palestine in the House of Commons, attended Emma Sky‘s book reading at the Frontline Club, listened to Professor Ilan Pappe speak about colonization versus occupation in Palestine, and joined thousands of students protesting our inaction on the climate crisis.  I was keeping my pace at 10,000 steps or more each day but with difficulty. The pain in my left leg wasn’t going away. Maybe I should visit the doctor when I return to the US.

BRUSSELS, LEUVEN, and TILBURG:

I boarded a train on February 28 to Brussels and must have looked bedraggled when I arrived at the hostel. The receptionist asked me if I knew it was a hostel? Yes. “A youth hostel.” Yes. “We have an age limit of 35.” I didn’t notice any age limits on the website when I booked the reservation. She made an exception for me. Although I was clearly the oldest guest, young people from many countries struck up conversations with me and I felt right at home.

Brussels YOUTH hostel

Lora at a YOUTH hostel in Brussels

The museums, churches and the European Parliament filled my days, as well as a massive march opposing the Death Penalty.  One day I caught the train to Tilburg to visit an Egyptian friend pursuing his graduate studies there. Another day I took the train to Leuven to attend the Women in Black international conference. We stood outside city hall holding our signs in our vigil for peace and the end of war. When the organist in the church across the plaza played John Lennon’s IMAGINE, many of us had tears. It was the most meaningful vigil I’ve ever participated in.

PARIS, LYON and GENEVA:

A train to Paris (3 days), on to Lyon (7 days), and then a bus to Geneva (7 days) connected me to Mona, Naki, Eva and a new friend – Claire Elise. This was my second visit to Paris. I wasn’t interested in seeing the typical tourist sites. Instead, I spent one day walking around the Marais neighborhood only a few steps from my hostel. This is the Jewish quarter with very different architecture and history than most other districts in Paris. The Shoah Memorial and the Museum of Jewish Art and History captured my attention; a beautiful piano recital at the oldest church in Paris where Herbert du Plessis performed Chopin and Liszt soothed my restless soul; and a tour inside Notre Dame Cathedral and the Crypt under the plaza in front turned out to be prescient. Five weeks later, Notre Dame was engulfed in flames.

On March 10, I headed to Lyon on the train (the European Union has wonderful trains) and again I spent the days walking, walking, walking. The stairs up Fourvière Hill, the historical site of Lyon, almost did me in. The effort was worth it to see the whole city of Lyon below and the Basilique de Fourvière.

I joined students protesting climate inaction on Friday, and thousands of people marching and demanding climate action on Saturday. But I was questioning my next steps. Should I return to the US? Then I received a WhatsApp message — my name had been included in a medical convoy traveling to Gaza in a month!

Suddenly, my focus shifted to fundraising for the medical convoy. I consulted with a seasoned fundraiser and decided to record short videos about my campaign. Before returning to Cairo to join the convoy, I decided to meet a friend in Geneva.

Lora and NakiThere are people who touch your heart unlike any other. I hadn’t seen Naki since our days together in Cairo at Pension Roma seven years ago. When we reconnected in Geneva, and I met her husband, I felt the time melting away. We’re bonded together whether we share any physical space or not. I can’t explain it. 

We visited the International Committee of the Red Cross and I dreamed of a career my alter ego could have/should have had. My own career trajectory seemed so pitiful in comparison. Regrets and more regrets.

One day I walked past a well-organized Zionist demonstration in front of the United Nations Building. They were condemning the UN Human Rights Council meeting which had just wrapped up a discussion about Israel, Gaza and the Palestinian Territories. Back at the hostel, a young man overheard me talking with someone about the demonstration. He was from Brussels and had traveled to Geneva to be part of it but had questions after Googling information about some of the people who had spoken. He supported Israel and its right to defend itself against terrorism, but the information he found indicated the speakers at the demonstration were Far Right reactionaries. He was questioning what the “other side of the story” might be. We had a good engaging conversation, listening to each other, and both agreeing to disagree respectfully. We agreed on the most important thing —- that it’s important to build bridges across the great divides in our society.

I learned something important in Geneva. It takes courage to walk across the divide and speak with the opposition (whether Israel-Palestine, pro-choice and pro-life, etc). That young man showed me how to do it, with respect and an open mind and heart. I hope I can emulate him in future conversations I have, and take the initiative to reach out across the divide.

MILAN, COMO and VENICE:

My three weeks in Italy (March 23 – April 11) was an adventure of pure convenience. I didn’t know anyone there, but it was so close. I didn’t want to pass up a chance to see a part of Italy I’d never visited. I also didn’t want to pass up the chance to take a bus through the Swiss Alps!

I was still managing 10,000 steps in Milan but not every day, and my gait was much slower. My posture must have given me away. Clerks were routinely asking me if I needed assistance and offering me special consideration to get to the front of the line. My head felt young and inquisitive, but my body was feeling its age. I thought about attending a performance at the Teatro alla Scala but I was too tired to stay out late.

Throughout my journey, I’d been reading history books about the places I visited. For the very first time, my high school history lessons were beginning to make sense. This was especially true in Milan and Venice.

Milan will always stick in my mind as a high-fashion center of clothes and design with very good public transportation, and some of the most magnificent buildings I’ve ever seen. I felt like a country bumpkin wearing the same things I’d been wearing for the past 6 months, but there was no one to complain, and I took a shower every other day. Ha!

A guest at the hostel raved about his visit to Lake Como, so I decided to take the train there the next day. The natural beauty + the town’s charm = a very special spot to return and settle down for a spell to write. I rode the funicular up the mountain. Just imagine — it’s been in operation since 1894.

Then I boarded a train to Venice (March 27 – April 11). Train travel everywhere was easy, inexpensive, and a joy. When will the U.S. emulate Europe’s leadership in public transportation?

Arriving at the Santa Lucia Train Station, I had directions to my hostel on Giudecca and knew I had to get a vaporetto (water taxi).  I knew exactly which one too.

I asked the first man who approached me for directions. He was slick and firm with his response. He could take me to my hostel on his private water taxi for a princely sum. I insisted I was looking for the public taxi, and he finally caved and pointed me in the right direction. As I walked off pulling my suitcase behind me, a young man said “Good job!” I asked “What?” And he told me I handled the pesky taxi sales person very well. On a scale of 1 – 10 with 10 being the highest level of confidence, I think my confidence traveling alone has shot up to 8 or 9 since I started this journey in Malaysia six months ago.

venice-sestieri

I loved Venice so much, and the people were so welcoming, I decided to stay two weeks and really explore. Venice is definitely the city to walk. I walked everywhere, every day, but now slightly limping on my left leg. I explored nooks and crannies that I suspect the first time tourist never sees, but I also visited all of the tourist sites. I purchased Jan Morris’ book “Venice” at the most beautiful bookstore in the world, and took it everywhere I went. The weekly transit pass for the vaporetto was 60 Euros and well worth it. I jumped on and off several times each day, along with Venetians and their pet dogs. Venetians love their dogs.

The Vivaldi concert at Chiesa San Vidal was excellent. The food everywhere was delicious but expensive. Along with the calories, I was counting my Euros carefully.

Naila and the Uprising 3Every day I was fundraising for the medical convoy to Gaza, and slowly making progress. Asking people for money is difficult but I have overcome my reticence because I know the need is so great. One evening I decided to go to the mainland to see “Naila and the Uprising” — the same film that I’d seen at the film festival in Malaysia. I was curious to see how many people might show up. Are the Italians good solidarity activists for Palestine? I was pleased to see a roomful of people (probably 75-100) of all ages. My biggest surprise was seeing Naila herself, the central protagonist of the film, at the event with her husband. They answered questions after the film through an interpreter.

Throughout my travels, I found tremendous support for Palestine, much more so than I’ve seen in the U.S.  Maybe my solidarity work should focus on Americans in my own back yard.

Before I left Venice, I had to know whether there were any plans or actions addressing the inevitable sea rise and impacts of climate change. One evening Piazza San Marco was flooded when there was a convergence of high tides, full moon and lots of rain. It seemed to me the entire city would be under water with rising sea levels.

I asked to meet with the city’s planning director and was pleased that an appointment could be arranged before I traveled. I sat with Vincenzo de Nitto and his colleague, Marco Bordin, and our conversation ranged from the impact of tourism on the historic center of Venice to the inevitable rising sea level. They showed me the MOSE project which should be completed very soon, a series of steel gates at the inlets which will be raised whenever the sea level is expected to rise, and lowered when the water recedes. A technological fix to a new reality, but I wonder if it will work. Many planners and scientists laud Venice as a leader in addressing climate change.

On April 11, I boarded my flight to Cairo to connect up with the medical convoy going to Gaza.  That’s for another story.Coddiwomple

Mary Oliver (1935 – 2019) — “Tell me, what else should I have done? Doesn’t everything die at last and too soon? Tell me what is it you plan to do with your one wild and precious life?”

 

 

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Demonstrators Shot in Violation of their Right to Life

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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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Eloquent truth-telling at the United Nations

International Day of Solidarity with the Palestinian People Special Meeting at UN Headquarters November 28, 2018

Professor Marc Lamont Hill at the United Nations calls for “Free Palestine from the River to the Sea” to chorus of applause.  This 20-minute video says all that needs to be said about Israel’s long-term, illegal occupation of Palestine, about human rights, about the facts on the ground today in the West Bank and Gaza.  CNN fired Professor Hill the day after he spoke the hard truth at the UN.

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“Occupation” or “Colonization”?

Professor and historian Ilan Pappe is well-respected and condemned at the same time. He’s one of the new historians who has brought to light the ugly truth of the Zionists’ cleansing and colonization of Palestine.  His book, The Ethnic Cleansing of Palestine, is a must read for anyone who truly wants to learn about the history of Israel / Palestine.

Unfortunately, I must disagree with Professor Pappe’s current call to jettison the term “occupation” in favor of “colonization”.  Listen to his explanation here.

He’s absolutely correct …. an occupation should be considered a short-term, temporary state of affairs, and Israel’s 50-year occupation of Palestine has far-exceeded the limits of a lawful occupation.

But jettisoning the term “occupation” is not the answer. Under international law, the occupier has responsibilities and duties to those subjected to his occupation. Under international law, the victims of occupation have rights and claims against the occupier.

The State of Israel has been waging a stealth lawfare campaign for many years to convince the world that it is not occupying Palestine.

The answer is not to cave and agree with Israel that there is no occupation.

Instead, Professor Michael Lynk has the answer.  He’s the U.N. special rapporteur for the Palestinian territories.  Professor Lynk is urging the United Nations to examine Israel’s prolonged occupation to determine if it is an unlawful occupation.  This is the right strategy to pursue in my opinion.  I hope Professor Pappe and others concerned about Israel’s prolonged occupation will read Professor Lynk’s report, and join his effort.

michael_lynk

Special Rapporteur S. Michael Lynk

Professor Lynk recommends:

The Special Rapporteur recommends that the Government of Israel bring a complete end to the 50 years of occupation of the Palestinian territories in as expeditious a time period as possible, under international supervision.

The Special Rapporteur also recommends that the United Nations General Assembly:

  • Commission a United Nations study on the legality of Israel’s continued occupation of the Palestinian territory;
  • Consider the advantages of seeking an advisory opinion from the International Court of Justice on the question of the legality of the occupation;
  • Consider commissioning a legal study on the ways and means that UN Member States can and must fulfill their obligations and duties to ensure respect for international law, including the duty of non-recognition, the duty to cooperate to bring to an end a wrongful situation and the duty to investigate and prosecute grave breaches of the Geneva Conventions.
  • Consider the adoption of a Uniting for Peace resolution with respect to the Question of Palestine, in the event that there is a determination that Israel’s role as occupier is no longer lawful.

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Shooting fish in a barrel

Life is unbearable in Gaza. It’s been unlivable for years for the 2+ million Palestinians trapped there, but now it’s at the breaking point. Many (most?) feel there’s nothing to lose by going to the eastern border and facing down the Israeli marksmen who are shooting them like fish in a barrel. Today 55+ Palestinians have been killed (including a journalist, a medic and a Palestinian with no legs) and hundreds wounded for demanding their rights enshrined in United Nations Resolution 194.

Less than 100 miles away in Jerusalem, Netanyahu and others are in a celebratory mood as the U.S. flag is raised over the new U.S. Embassy. They don’t even acknowledge the slaughter occurring in Gaza.

Gaza slaughter

I’ve called my two U.S. Senators (Udall and Heinrich) and Congresswoman Lujan-Grisham, demanding that they condemn the slaughter of innocent, unarmed Palestinians. I want them to join the other members of Congress who have spoken out against the killing and maiming of unarmed protesters, including: Senators Feinstein, Warren, Leahy and Sanders; as well as the following House members:

Barbara Lee (CA 13)
Alan Lowenthal (CA 47)
Lloyd Doggett (TX 35)
Hank Johnson (GA 04)
Danny Davis (IL 07)
Jan Schakowsky (IL 09)
John Yarmuth (KY 03)
Jamie Raskin (MD 08)
Keith Ellison (MN 05)
Betty McCollum (MN 04)
David Price (NC 04)
Bonnie Watson Coleman (NJ 12)
Earl Blumenauer (OR 03)
Steve Cohen (TN 09)
Gerry Connolly (VA 11)
Peter Welch (VT 1)
Mark Pocan (WI 02)
Pramila Jayapal (WA 07).

My eyes are now focused on Udall, Heinrich and Lujan-Grisham.  I’m going to hound them until they come clean with a statement condemning Israel’s slaughter of innocents.

<p><a href=”https://vimeo.com/269659083″>Voices of the Siege</a> from <a href=”https://vimeo.com/user3079357″>The Palestine Chronicles</a> on <a href=”https://vimeo.com”>Vimeo</a&gt;.</p>

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Final exam #GreatReturnMarch

The final exam in my International Human Rights Law course included an essay on the issue of extraterritorial human rights. I’ve copied my answer below.

#10 — Consistent with the development agenda that accompanied the establishment of the post-war Bretton Woods order, article 28 of the Universal Declaration of Human Rights referred to the need to move towards an international order that enables countries’ efforts to implement economic, social and cultural rights at home, stating that “Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized”. Is the emergence of extraterritorial human rights obligations, which have been increasingly recognized in recent years, sufficient to ensure that this promise is fulfilled?

“Sufficient” is the operative term in this question, and the answer must be NO.

The Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights (adopted in 2011) are a very important milestone in building the “international order” envisioned in article 28, but as current events clearly demonstrate, the nations of the world have not effectively acknowledged or fulfilled their extraterritorial human rights obligations.

The Great Return March initiated by the Palestinian civil society in Gaza on March 30, 2018 illustrates the failure of Israel and other nations to respect, protect, and fulfill the human rights guaranteed to everyone, including Palestinians living in the Gaza Strip.

Despite the fact that the State of Israel doesn’t acknowledge that it is a belligerent occupying force maintaining effective control over the Palestinians in Gaza (for the purposes of this discussion, I’m limiting the focus to Gaza and not the West Bank), the facts clearly demonstrate the contrary. The State of Israel strictly controls:

1) the movement of people and goods in and out of Gaza,

2) the territorial air space, waters and land borders,

3) the electromagnetic sphere,

4) the population registry, and

5) life and death.

The Maastricht Principles (#18) spell out that a “State in belligerent occupation or that otherwise exercises effective control over territory outside its national territory must respect, protect and fulfill the economic, social and cultural rights of persons within that territory. A State exercising effective control over persons outside its national territory must respect, protect and fulfill economic, social and cultural rights of those persons.”

For more than 10 years, the State of Israel has imposed an economic, social and cultural blockade on the Palestinians living in the Gaza Strip. As a result of the blockade, and three military operations which have directly targeted the civilian population and infrastructure in Gaza (2008-09, 2012 and 2014), the United Nations has reported that the Gaza Strip is expected to be unlivable by 2020. (Some would argue that the Gaza Strip is unlivable today.)

Few objective observers would argue that the Palestinians’ human rights are not being violated on a daily basis, but no one has been able to hold the State of Israel accountable under international law. No one has found any effective remedies for the Palestinians. In fact, when the United Nations General Assembly speaks with a nearly unified voice condemning Israel’s violations of international norms and laws, the United States steps in to condemn the United Nations.

In light of this history and current events, what does the principle that “All States have obligations to respect, protect and fulfill human rights, including civil, cultural, economic, political and social rights, both within their territories and extraterritorially” mean in practice?

What are Israel’s obligations? What obligations does the United States have as a primary financial sponsor (providing more than $3 billion to Israel every year) and supporter of Israel’s blockade and military operations? What obligations do other nations have to step in and take affirmative action to protect and fulfill the Palestinians’ human rights? Each of the three entails extraterritorial obligations. Perhaps, the answer is different for each.

The Universal Declaration of Human Rights, the Maastricht Principles, human rights treaties and international common law provide important and laudable goals but they can’t function in a vacuum. They represent the collective desires of the human community, and reflect U.S. Senator Paul Wellstone’s famous quote: “We all do better when we all do better.”

Human rights treaties are promises that States have made regarding the interests of individuals, as opposed to interests of the States themselves, and therefore holding States accountable for fulfilling those promises is challenging. Even more challenging is holding states accountable for protecting the human rights of people outside of their borders.

When and how can States intervene within the borders of another sovereign State to protect the human rights of individuals? Refraining from acts that may cause harm to individuals (#13 of the Maastricht Principles) in another country may be easier than taking affirmative actions, but there are serious hurdles nevertheless. For example, in the case of the U.S.’s responsibility to protect the human rights of the Palestinians in Gaza, withholding political support for Israel at the United Nations and reducing military aid to Israel might be actions that the U.S. could take unilaterally without infringing on Israel’s sovereignty, but domestic politics in the U.S. render those ideas very unlikely.

Ultimately, extraterritorial human rights obligations will gain traction when the actions of the human community leads or shames their States to do the right thing. The people must lead and the governments will follow. In the case of the Palestinians in Gaza:

1) Education – There are complex reasons for the human rights violations perpetrated by the State of Israel against the Palestinians, but it may stem from a fear that one side gains human rights at the expense of the other. Us vs. Them. Israeli society must learn that human rights are not a zero-sum game. In fact, their security is greatly enhanced when every man, woman and child within Israel and the occupied Palestinian territories have secured their basic human rights. Maintaining the belligerent occupation is not only contrary to international law but impedes the security and fulfillment of many human rights that Israelis seek for themselves.

2) Communication with decision-makers – Americans have a responsibility to communicate with our leaders about the long-standing human rights violations occurring in Gaza with our government’s complicity. International human rights are strongest when they are understood viscerally at the local level. The link between the Palestinians in Gaza, the Black Lives Matter Movement, the Standing Rock Water Protectors, the climate justice movement, and others, must be made clear to all because everyone’s actions to enforce human rights norms reinforces the human rights of others.

3) Changing the narrative – Israel’s hasbara has controlled public opinion in Israel and around the world for many years. Although it’s increasingly being met with skepticism, especially among the younger generation, Israel’s power and influence in controlling the narrative of the human rights violations in Gaza can even be traced back to the New York Times which refuses to denote Gaza as “occupied” since Israel removed its settlers and military from the Gaza Strip in 2005.  Palestinian voices must be given greater attention by the mainstream media if the world is going to understand the human rights issues involved in the occupation. Until the mainstream media fulfills that role, social media activists and others must elevate the Palestinian voices.

4) Boycott, Divestment and Sanctions – Palestinian civil society launched the BDS movement about 10 years ago, very similar to the BDS movement which toppled Apartheid South Africa. There’s little doubt that the BDS movement has gained traction in the past few years, and has had a significant impact. Israeli leaders recently passed a law to prevent BDS activists from traveling to Israel and Palestine. In December 2017, Israel’s government approved a plan setting aside $72 million to fighting the campaign to boycott Israel. Tying human rights to the State’s treasury and bottom line is helping move Israel towards recognizing and fulfilling Palestinian human rights by ending the occupation.

5) Freedom Flotillas and the Great Return March – Some people believe physical action is necessary to force States to recognize and fulfill their basic human rights. People from many different countries have joined together in several Freedom Flotillas to try to break Israel’s maritime siege, costing a number of them to lose their lives when the Israeli military boarded their boat and fired on them. On March 30, 2018, thousands of Palestinians in Gaza launched a peaceful march towards the border with Israel to highlight their determination to obtain their right to return to their homes and lands from which they were expelled in 1947-48 when the State of Israel was created. On the first day of the Great Return March, 16 or 17 Palestinians were killed by Israeli sharpshooters at the border.

Physical actions such as these, when combined with all of the actions described above, move world opinion and action closer to fulfilling the human rights obligations set forth in the UDHR, treaties and other formal legal mechanisms.  States will move in the right direction when individuals create the parade for them to lead.

 

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