14 July 2012 | International Solidarity Movement, West Bank
On Friday, July 13, several protesters were injured when the Israeli Occupation Forces (IOF) fired tear-gas and rubber-coated steel bullets at the weekly peaceful demonstration in the Palestinian village of Kufr Qaddoum. One man was shot in the head by a tear-gas grenade and was taken to hospital. Two other men were badly injured by rubber-coated bullets.
A home adjacent to the demonstration was hit by tear-gas grenades and caught fire. One child, 2 men, and 4 women were injured by the fire and smoke. An ambulance arrived but was delayed for 30 minutes because of the IOF attacks on the village.
The IOF also employed use of the ‘skunk’ truck which pumps out a foul smelling water and released several sound bombs to terrorize the village. Although illegal, most of the tear-gas was fired at body-level rather than in an arch in the air. Often, 10-12 canisters were fired at a time.
The purpose of the weekly demonstration in Kufr Qaddoum focuses on the closure of the main road that connects the village with Nablus. The road, which passes alongside the nearby illegal settlement of Qedumim, was closed to Palestinian access. As a result, the journey to Nablus has increased from 15 minutes to 40 minutes. This has resulted in hardships because many residents travel daily to Nablus for work, studies, or health care.
On Thursday, June 12, the residents of Kufr Qaddoum celebrated the one year anniversary of their Friday demonstrations. During this year, 60 people have been arrested, 65 people have been shot and badly injured by tear-gas canisters, 200 olive trees have been burned, and the town has suffered systemically from nightly raids and harassment by the IOF.
Amina Simonsson is a volunteer with the International Solidarity Movement (name has been changed).
8th July 2012 | International Solidarity Movement, West Bank
On Saturday 7 July, 2012, the village of Yanoun, located 12km southeast of Nablus, was attacked by illegal settlers from the illegal Itamar settlement. Five Palestinians were injured in the attack and large sections of agricultural land were set ablaze.
The attack began at roughly 2pm. The illegal settlers descended on the village and began setting fire to sections of land and firing on sheep while they were grazing. In the course of the attack on Yanoun, 5 resident of Aqraba, (the neighbouring village) were injured to varying degrees. Two men, Ibrahim Hamid Ibrahim, and Adwan Rajih bini Naber were beaten by settlers, and another, Joudat Hamid Ibrahim was stabbed in the shoulder after being beaten as well. When the Israeli Occupation Forces (IOF) arrived, they joined in the attacks, injuring two more. Hakimun Ahmed Yusuf Bini Jaber, 42, was shot in the arm with live ammunition by an IOF soldier and Ashraf Adel Hamid Ibrahim, 29, was shot in the back with a tear gas canister when the soldiers attempted to scatter villagers who were to aid the injured.
The villagers who were aiding the injured attempted to carry the injured men to ambulances, but IOF soldiers blocked the roads and refused to let them through. The IOF and illegal settlers also stopped residents from putting out the fires. The first ambulance to leave was reportedly stopped at Huwwara checkpoint en route to a hospital in Nablus. Two of the injured men were taken from the ambulance and held in Israeli custody for an undetermined period of time. The second and third ambulance were not allowed to depart with those wounded for two hours.
After the attacks had stopped, IOF soldiers still held Adwan Rajih Bini Jaber captive, refusing to allow the ambulance carrying him to depart. Illegal settlers stood by heavily armed, protecting the fires that they had set to Palestinian land.
Nearing 6pm, illegal settlers and IOF soldiers once again advanced on the Palestinians, as internationals gathered to show solidarity, which ending in the firing of tear gas canisters and live ammunition into the air.
Yanoun and its residents have been subject to terrorism by illegal settlers from Itamar for many years. On October 19, 2002, there was a temporary mass exodus due to the harassment, drawing parallels with the refugees created in 1948. The villagers returned little by little in the weeks following, with the help of peace activists from Ta’ayush & other groups but the village still suffers from violent attacks regardless.
Marshall Pinkerton is a volunteer with the International Solidarity Movement (name has been changed).
7th July 2012 | International Solidarity Movement, West Bank
The Israeli Occupation Forces (IOF) violently suppressed the weekly demonstration at Kafr Qaddum on Friday the 6th of July, injuring one man, and arresting another. Majid Joomaa, 40 years old, was arrested as the IOF stormed the village. Joomaa, who is a father of ten, was unable to flee from the advancing soldiers due to a prior injury in his leg. Another man suffered from overexposure to tear gas, and was carried to an ambulance after he collapsed.
Next week marks the one year anniversary of the popular demonstrations against the Israeli Occupation in Kafr Qaddum. In 2003 the IOF closed the main road that connected the small village with Nablus, which lies only 13km away. Palestinians are forced to drive around the illegal settlement of Kedumim, which was erected in 1975, extending their journey by 22 kilometers instead of the usual 10 to reach Nablus.
Marshall Pinkerton is a volunteer with the International Solidarity Movement (name has been changed).
A new report funded and supported by the UK government that accuses Israel of violating international law with its treatment of Palestinian child detainees was launched in London by a high-profile group of human rights lawyers on Tuesday.
But there is pessimism in some quarters that the report’s recommendations will be implemented. The document has been criticized as “toothless” by a prominent Palestinian human rights activist.
“Children in Military Custody” was funded and backed by the UK Foreign and Commonwealth Office, and written by an ad hoc group including a former attorney general, a former court of appeal judge and several prominent attorneys known as QCs. The delegation visited Palestine in September and met with Palestinian, Israeli and international nongovernmental organizations, British diplomats and a wide range of Israeli government and military officials.
The report details the military law Israel applies to all Palestinians in the occupied West Bank, including children, and how it differs from the civilian law applied to Israeli settlers who live in the same territory. It states there it was “uncontested [by Israel] that there are major differentials between the law governing the treatment of Palestinian children and the law governing treatment of Israeli children.”
Unequal treatment of children
At the heart of the report are three core recommendations to the Israeli government: start applying international law to the West Bank (which Israel refuses to do), the best interests of the child should come first and, crucially, that Israel “should deal with Palestinian children on an equal footing with Israeli children.”
Israel currently applies two separate and unequal systems of laws in the West Bank. Palestinians are subject to a harsh military regime in which Israeli army officers and police, arrest, interrogate, judge and sentence, while Israeli settlers colonizing the West Bank are subject to Israeli civilian law.
These systematic inequalities include: the minimum age for Palestinian children to receive a custodial sentence is 12, but for Israelis it is 14; Palestinian children have no right to have a parent present during interrogation, while Israeli children generally do.
The most stark inequalities are evident in the time it takes for the two systems to work. Palestinian children could have to wait up to eight days before being brought before a judge, while Israeli children have a right to see one within 24 hours; Palestinian children can be detained without charge for 188 days, while for Israelis the limit is 40.
In a press release about the report, Council for Arab-British Understanding director Chris Doyle describes witnessing in Palestine “nothing less than a kangaroo court that does nothing to improve Israel’s security while criminalizing an entire generation of Palestinian children.”
Children kept in solitary confinement
Drawing on their meetings with nongovernmental organizations such as Defence for Children International-Palestine Section, the authors detail the shocking treatment of Palestinian children at the hands of Israeli soldiers.
Arrested in nighttime raids, Palestinian children are often physically and verbally abused, brought before adult military courts, shackled, given little choice than taking a plea bargain, and can be sentenced to as many as 20 years for “crimes” as trivial as stone throwing. Some are even kept in solitary confinement, according to DCI.
When Palestinian children file complaints about their abuse at the hands of Israeli soldiers, they are almost always ignored. Israeli occupation authorities were able to give to the delegation “only one example of a complaint being upheld.” The authors report that there are “a significant number of allegations of physical and emotional abuse of child detainees by the military which neither the complaints system nor the justice system is addressing satisfactorily.”
The report compiles some shocking statistics. As many as 94 percent of Palestinian children arrested in the West Bank are denied bail, according to nongovernmental organizations. Some 97-98 percent of such cases end with a plea bargain, meaning they go to jail without even reaching the trial stage (as flawed as military courts are).
A key conclusion reached by the report’s authors is that Israel is in breach of articles of UN Convention of the Rights of the Child (UNCRC) that prohibit: national or ethnic discrimination; ignoring a child’s best interests; the premature resort to detention, imprisonment and trial alongside adult prisoners; preventing prompt access to lawyers and the use of shackles.
While the report notes “the International Court of Justice’s 2004 Advisory Opinion [on Israel’s wall in the West Bank] which concludes categorically that the UNCRC is applicable in the Occupied Palestinian Territories,” Israeli officials the delegation met with refused to recognize this.
“Every Palestinian child a ‘potential terrorist’”
“In our meetings with the various Israeli Government agencies, we found the universal stance by contrast was that the Convention has no application beyond Israel’s own [pre-1967] borders,” the authors write, noting their disagreement.
They emphasize: “[t]he population of the West Bank is within the physical power and control of Israel, and Israel has effective control of the territory. Our visit dispelled any doubts we might have had about this.”
In its conclusions, the report notes that this refusal to fulfill its international law obligations with respect to Palestinian children probably “stems from a belief, which was advanced to us by [an Israeli] military prosecutor, that every Palestinian child is a ‘potential terrorist.’”
Questions about report’s future
Renowned Palestinian writer, activist and academic Ghada Karmi was at the report’s launch on Tuesday. She asked the panel if it would be doing a follow-up visit, or monitoring implementation of the report’s recommendations.
The answer was less than conclusive, with co-author Greg Davies saying they would have to “wait and see” what the Israeli government’s response would be. He later spoke to The Electronic Intifada over the phone about the report’s future: “the format in which that follow-up work takes place, I don’t know at this stage, it’s too early to tell … I’m committed to seeing as far as it’s possible these recommendations coming into effect. If that requires further work I’m prepared to organize that.”
Karmi later told The Electronic Intifada that the report is “toothless in the end” because there is no way to compel Israel to comply.
“Palestinians are fed up of being studied,” she said. What they really want to know is “how will I get help to end” the abuses of the military occupation. Karmi did however conclude the report was a good thing and the delegation was a “very interesting mission” because it was backed by the foreign office, who could not be accused of anti-Israel bias in the same way that Israel has managed to taint UN missions with “the usual slanders.”
UK government approached report’s authors
Lawyer Greg Davies was responsible for putting the ad hoc delegation together. He told The Electronic Intifada that while he was doing so, he was approached by the British Consulate in Jerusalem, who offered government funding. Davies replied in the affirmative, but on condition that the group be independent.
In response to such criticisms as Karmi’s, Davies said: “there have been a number of [such] reports submitted… those reports have largely gone unanswered [by Israel] … it was that lack of response that prompted this.”
“There isn’t an enforceability as such without the political will, and that’s where our remit stops,” he said, pointing to an Early Day Motion on the report tabled in parliament Wednesday. EDM 280 welcomes the report and “asks the Foreign Secretary to make a statement to the House [of Commons] setting out his proposals for persuading Israel to comply in practice with international law relating to the treatment of children.” Davies said of the EDM “we welcome that and are hugely encouraged by that.”
Advancing the debate
The Palestine section of Defence for Children International, through its reports and its meetings with the delegation, is one of the most quoted sources in the report. DCI-PS spokesperson Gerard Horton admitted to The Electronic Intifada that the report’s recommendations “won’t end the abuse,” but argued that some of them “will make it very difficult for the military court system to function effectively” if they were implemented.
He wrote in an email that the report’s list of forty recommendations include those DCI-PS have been demanding for years (parents present during interrogation; prompt access to a lawyer; audio-visual recording of interrogations; and an end to forcible transfer of children to prisons inside Israel in violation of the Fourth Geneva Convention).
Horton also highlighted the high profile of the report’s authors and backers: “the importance of this report is who wrote it … before real change can occur the debate has to become mainstream. People in the center and center-right have to start taking an interest and expressing a concern. To my mind this report goes some way to advancing that by helping to shift the debate to the center.”
“Justice is not a negotiable commodity”
Among the report’s forty specific recommendations are: an end to night arrests, an end to blindfolding and shackling, observing the prohibition on “violent, threatening or coercive” conduct, the presence of a parent during interrogation and “[c]hildren should not be required to sign confessions” in Hebrew, since they do not understand it.
The report notes that since the delegation’s visit, a new military order has upped to 18 the age at which Palestinian children can be tried as adults. Previously, it had been 16 (then another inequality with Israeli children who are treated as children until 18).
But there are concerns this change has been rendered void in practice. While welcoming the change, the report expresses concern “that the change does not appear to apply to sentencing provisions.”
Seemingly deliberate loopholes in the law means that “adult sentencing provisions still apply to 16 [and] 17 year olds” and that children 14-17 years old can be sentenced as adults when the maximum penalty for the offense is five years or more. The maximum penalty for throwing stones (the most common offense) ranges from 10 to 20 years,
Asked by The Electronic Intifada at the Tuesday launch why there were no specific recommendations in the report to end this inequality, Judy Khan QC said it was covered by core recommendation three, which calls for an end to the current inequalities between Israeli and Palestinian child detainees.
In their meetings with the delegation, the Israeli Ministry of Justice “described [such changes] as conditional on there being no significant unrest or ‘third intifada.’” The report objects: “[a] major cause of future unrest may well be the resentment of continuing injustice … justice is not a negotiable commodity but a fundamental human right.”
Sharp rise in child detainees
Sir Stephen Sedley, a former Lord Justice — senior appeal judge — underlined at Tuesday’s launch that there has been a 40 percent rise in child detainees since their visit in September, so the problem has only got worse since they returned to the UK.
While the report seems to have received some media coverage in the UK, it yet remains to be seen what practical impact it will have. More fundamentally, it does not call for an end to the occupation, considering political solutions beyond the authors’ mandate. It does note however that: “We have no reason to differ from the view of Her Majesty’s Government and the international community that these [Israeli] settlements [in the West Bank] are illegal. For the purposes of this report however we treat them, like the occupation, as a fact.”
But the question remains: a fact for how much longer?
Asa Winstanley is an investigative journalist from London who has lived and reported from occupied Palestine. His website is www.winstanleys.org.
Today we have arrived at 16 deaths, including a child of 5 and a half years, and over 60 injured individuals. This morning in Khan Younis of the southern Gaza Strip an Israeli tank fired an artillery shell and killed a child of 5 and a half years, and wounding his father and 3 other people. I went to the morgue of the hospital and I saw the lifeless body of a child.
Ali Al Moutaz Shawat was 5 and a half years old.
Ali’s father was in the operating room. I went to visit other people injured in this attack, a number of whom were hospitalized at the European Hospital in Khan Younis.
Msabah Zaki, 53, was wounded in the shoulder. I met him at his home. Zaki began to tell me what happened.
Young people and families usually gather in the location that was attacked by the Israeli tank on June 23. There is a soccer field where young people have a league, there are ping pong tables, and a television to watch the game on. Today there was supposed to be a football match between some young groups. Zaki worked there and arrived early in the morning to clean and prepare everything. Some friends joined him to help. Two men with two kids asked him to open the room so they could play ping pong. Suddenly, at about 10:15 a.m., Zaki heard a huge explosion from the direction of the ping pong room.
“I flew a few yards away,” says Zaki. There were no warning shots before the attack. The situation was calm, quiet.
In the hospital I met the 2 men who entered the ping pong room, Omar Tabash, 28, and Yosif Abu Tair, 24.
Omar was wounded in the arms and in his right leg. He says that he went to play ping pong, and brought his son Ayoub, a month and a half old. His friend Moutaz Shawat joined them with his 5 year old son Ali.
“Ali was speaking on the phone with his mom,” says Omar. Young Ali was saying into the phone, “mom, I want to see you,” to which his mother replied, “now I am at work, I will see you later at home.”
Ali’s father wanted to go home to change into sports clothing. He went outside and yelled suddenly as an explosion went off.
Moutaz called for Omar to come, but Omar, wounded, could not. Omar called some friends and the ambulance. “Ali died while hugging his father,” says Omar.
On the same day, June 23, 2012, the Israeli Air Force attacked several areas in the Gaza Strip. A first attack, at about 11:00 a.m., occurred east of Shjayah, in the center of Gaza City. The bomb did not explode.
The Israeli Air Force then attacked the area of Jabalia in northern Gaza. One person was killed. He was an activist with the Popular Resistance Committee. His name is Khalid al-Burei and he was 25 years old.
On Saturday morning, Israel also carried out 3 air strikes against Hamas security sites in which at least 17 people were injured.
In the afternoon, one was killed and 9 others injured in an Israeli attack on the center of Gaza City, in the Nasser arrea which is very crowded during the day.
I visited Shifa hospital after the attack. The civilian who was killed is Osama Ali who was 34. He was crossing the road at the time of the attack.
In the same attack, 9 civilians were wounded. Among them:
Hassan Oda, 24, who was in front of his home at the time of the attack.
Imad Abu Nahl, 29, who was driving at the time of the attack.
Hassan Yassin, 28, who was crossing the street at the time of the attack.
Yesterday, on Friday, June 22, a boy was killed in an Israeli attack east of Al-Bureij camp. Qassem Abdullah Ahmed was 24 years old. Two civilians were injured and were transported to the ‘Al-Aqsa Martyrs Hospital in Deir al-Balah.
On the evening of Friday, June 22, an Israeli strike in northern Gaza killed Jamal Abu Humam Qadoos, 20.
On that same day, the Israeli Air Force conducted several more raids in different areas of the Gaza Strip. In the night between Friday and Saturday, Gaza City was shaken by a tremendous explosion. A Hamas military complex near Saraya, in the center of Gaza City was struck.
I visited the site during the night immediately after the attack. Many homes were damaged. Among the wounded, Hamas security members and 4 civilians.
Gaza City that night could not sleep. I lay awake in a Palestinian family’s house in the affected area. We were neighbors, telling each other about the fright. Sharing our fear brought us together in that dark night, punctuated only by the sound of sirens and lit only by the fire that remained alive after the bombing.
16 Palestinians killed and over 60 injured since Israel’s military offensive on Gaza, which began Monday, June 18, 2012.
Some people think that the situation will worsen in the coming days. The hope is that the horror of this massacre stops.