Category: Press Releases

PCHR: Highlights of Israel’s continued violations of international law on the 5th anniversary of the ICJ advisory opinion on the Apartheid Wall

Palestinian Centre for Human Rights

8 July 2009

On 5th Anniversary of ICJ Advisory Opinion on ‘The Wall’ PCHR Highlight Israel’s Continued Violations of International Law, and the International Community’s Complicity in Illegal Acts

9 July 2009 marks the five year anniversary of the International Court of Justice’s (ICJ) landmark Advisory Opinion on ‘the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.’ This Advisory Opinion marked the first time that the ICJ turned its attention to the Israel-Palestine conflict.

In its Advisory Opinion, which represents an authoritative interpretation of international law, the ICJ held, inter alia, that: the construction of the Wall and its associated administrative regime are illegal and amount to de facto annexation; the Wall violates Palestinians’ legitimate right to self determination; the Wall must be dismantled, and reparation made to affected Palestinians; all States are under an obligation not to recognize the illegal situation resulting from the Wall, and not to render aid or assistance in maintaining the resultant illegal situation.

On the five year anniversary of the Advisory Opinion, The Palestinian Centre for Human Rights (PCHR) wish to highlight the continued construction of the Wall in occupied Palestinian territory, Israel’s continued violations of international law, and the international community’s inaction as regards the obligations to ensure respect for international law and not to recognize the situation created by Israel’s illegal acts.

To date approximately 350 kilometers of the Wall have been constructed. When complete the illegal Wall will stretch for 724 kilometers, trapping approximately 237,000 Palestinians between the Wall and the Green Line (the 1967 borders), and confining approximately 160,000 Palestinians in isolated enclaves with limited access to the outside world. As noted by the ICJ, the Wall has a devastating impact on Palestinian’s fundamental human rights, including the right to freedom of movement, the right to health, the right to work, the right to education, and the right to the highest attainable standard of living. Ultimately, the Wall, and Israel’s longstanding occupation policy, deny the Palestinians’ right to self-determination, a fundamental right enshrined in the UN Charter and numerous human rights treaties.

Despite the ruling of the ICJ, construction of the illegal Wall continues. Israel continues to annex Palestinian land, and to destroy lives and livelihoods. Palestinian civilians continue to suffer the consequences.

The ICJ ruled that, in accordance with inter alia common Article 1 of the Four Geneva Conventions of 1949, all States are under an obligation to ensure Israel’s compliance with international law. Additionally, States are under a legal obligation “not to render aid or assistance in maintaining the situation created” by the construction of the Wall.

Five years after the ICJ Advisory Opinion, Israel has yet to be held to account for its widespread and systematic violations of international law, including the continued construction of the Wall, and international aid continues to flow to the State of Israel. For example, the United States continues to extend significant financial and military aid to the State of Israel, absent any human rights based conditionality, while the EU has failed to enact the human rights clause contained within Article 2 of the EU-Israel Association Agreement.

The international community’s continued support for Israel in the face of the State’s widespread violations of international law is a direct violation of the obligation to ensure respect for international law. This continued support is tantamount to complicity. By continuing to support Israel, or by turning a blind eye to its illegal acts, the international community is contributing to a pervasive climate of impunity. As long as impunity continues to be granted, Israel will continue to violate international law; Palestinian civilians will continue to suffer the horrific consequences.

This impunity manifests itself in numerous violations of international law which extend beyond the construction of the Wall. Israel continues to violate international humanitarian law in its attacks on Palestinians, as dramatically highlighted by the recent offensive on the Gaza Strip. Israel continues to demolish Palestinian homes in East Jerusalem in an attempt to further consolidate the city’s annexation. Israel continues to impose a strict closure on the occupied Palestinian territory, including the closure of the Gaza Strip, a form of collective punishment which has now been in place for more than two consecutive years. On a daily basis, Israeli forces subject Palestinians to degrading and humiliating treatment, exercising control over the most mundane aspects of daily life, and violating these individuals’ fundamental right to human dignity.

The combined effects of Israel’s illegal actions are catastrophic: Palestinians are denied the most basic of human rights, and forced to live in a humanitarian emergency amid rising levels of unemployment and poverty.

PCHR wish to highlight the ICJ finding that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law.” The Court further held that, “the route chosen for the wall gives expression in loco to the illegal measures taken by Israel with regard to Jerusalem and the settlements”; the Wall is intended to support Israel’s illegal settlement project.

International attention has returned to Israel’s settlement project in recent weeks. PCHR stress the fundamental illegality of the settlements, and their disastrous impact on Palestinians right to self determination, and other fundamental human rights.

PCHR affirm that political considerations cannot be prioritized over international law and individual’s legitimate rights. PCHR firmly believe that, although legal questions may have political overtones, the only possibility for a just and sustainable peace lies in a solution based on international law. All States must fulfill their international obligations, and hold the State of Israel accountable for its illegal acts. Civilians must be afforded the legal protections that are their right.

Significant findings of the ICJ:

  • The Wall and the associated administrative regime violate Palestinian’s fundamental right to self-determination
  • 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, remain applicable to Israel’s actions in the occupied Palestinian territory
  • The Wall must be dismantled, and reparation made to its victims.
  • The State of Israel is not entitled to invoke Article 51 of the UN Charter (the right to self defense) with respect to the occupied Palestinian territory.

Israeli forces raid Bil’in, arrest one resident and one solidarity activist

For Immediate Release:

Israeli forces attack and arrest American solidarity activist.
Israeli forces attack and arrest American solidarity activist.

On July 7th at 3:30, soldiers disrupted the tranquility of Bi’lin by forcing their way into several houses. Israeli soldiers came with a list of 10 names for arrest . When Palestinian, international, and Israeli activists arrived at the scene they were subjected to violence and intimidation by the Israeli forces. The homes of Basem Yasin, Akhmed Yasin, Shauket Khatib and Abd AlMuamen Abu Rakhma were raided. Israeli forces arrested Majdi Abdel Muamer Abu Rakhma and an American solidarity activist. The American activist with the International Solidarity Movement had non-violently blocked the entrance to one of the doors when he was attacked by soldiers, forced to the ground, and subjected to pain compliance. It was at that time, that the American activist was arrested and carried by a group of soldiers into a military jeep. When activists and community members responded, they were beaten back with batons and forced to dodge a large number of percussion grenades.

Meanwhile, activists tried blocking the jeeps from leaving by erecting makeshift barricades in the street. The Israeli occupation forces responded with a number of percussion grenades and then rammed their jeeps through. They forced their way up the street and to several other houses. While there, they arrested a young man and issued nine summons to families of youths who were not present. This was done without explanation or warning. In the process of storming other houses, the soldiers were again confronted by activists and community members who refused to be dispersed even after repeated percussion and flash bang grenade attacks by soldiers. The jeeps had to make an escape through a second set of erected barricades and they exited into the night with their victims inside.

Egyptian authorities punish two activists for Palestinian solidarity work

4 July 2009

For Immediate Release:

Natalie Abou Shakra, Lebanon/UK, and Jenny Linnell, UK, two International Solidarity Movement activists who came to Gaza as part of the Free Gaza Movement voyages, both British nationals, were prevented from exiting the Gaza Strip via the Rafah Crossing on the 28th of June, 2009 by the Egyptian border authorities. In addition to having special coordination by the Egyptian Ministry of Foreign Affairs (MFA) based on the request of the British Embassy in Cairo, Natalie and Jenny were given approval to pass through the Crossing on the 9th of June, prior to an official opening, by a call from the office of Mr. Yasser Othman from the MFA. Nevertheless, on the 10th of June, they were returned back by the mukhabarat (intelligence services) at the Crossing demanding they both return back when the Crossing officially opens.

On the 27th of June, after more than 18 hours of waiting at the entry gate to the Egyptian terminal on buses packed with Palestinian women, children and elderly people, and patients in critical conditions in ambulances, the Egyptian authorities demanded all be returned back to Gaza. However, the people went down to the gates to peacefully demonstrate and protest against the cruelty, inhumanity and injustice of the border authorities, after which only a few ambulances went in from the dozens present on the Palestinian side.

The following day, the 28th of June, after many hours of waiting, a bus carrying Palestinian passengers, as well as the two activists, were let through into the Egyptian terminal. Palestinians were made to sit on filthy floors in the arrivals hall. There were many mothers and fathers with tired and ill children on their laps and sick, elderly people who lost consciousness, as well as women who begged on their knees to be let through, only to be constantly turned down and screamed at by aggressive Egyptian officers.

A young man who couldn’t speak and who was in a wheelchair, at one point of desperation, hit himself on the chest constantly as he attempted to express himself as they pushed him and the wheel chair aggressively. When an elderly man fell unconscious on the floor, Natalie approached to assist him and the mukhabarat officer who was dealing with their case told her, “I will make sure YOU will never leave Gaza.” “How did you get into Gaza,” asked another officer who saw them sitting on the floor with their luggage. “We came on the Free Gaza Movement boats.” He smiled and said, “So, you don’t need us to answer. You already know why you’re not being allowed out.”

After hours of waiting, Natalie and Jenny were told to enter the mukhabarat office and were asked what they had been doing in Gaza and how they entered the Gaza Strip. A short time later, their names were called out with those on the murjaa’ list (to return back to Gaza). The two activists refused to leave on the basis that they should be told why they were being denied entry despite having been granted permission to do so by the MFA and showing the permits they were holding from the Ministry. No genuine answer was provided. A little after midnight, Egyptian officers surrounded them and forcibly removed them from the Crossing, dragging them across the floor. As they forced the activists out, the man dragging Natalie by the wrists told her, “You’re lucky my shoe is not in your mouth as they would do in Jordan.” When she replied, “All that you have done to the people is registered in notebooks,” he replied to her coldly, saying, “Who will hold me accountable?” [meen hayhasibny] in a sarcastic tone.

The Crossing is the ONLY exit has to the world outside. Shutting this exit in the faces of the Palestinians is a direct participation by Egypt with Israel in crimes against humanity.

The British Embassy in Cairo, after being contacted by the activists, stated that, “We are working on it,” “We’ve seen them [Egyptian authorities] do this before,” “Wait till tomorrow when we can sort things out,”  and “You have everything you need to cross, the problem is from them [the Egyptian intelligence services].”

The activists stated that “…the treatment we were subjected to at the Crossing was a form of psychological and physical abuse. It is a kind of punishment, which the Palestinian people, and all those who stand in solidarity with their rights are also subjected to. The Egyptian authorities at the Crossing violated our basic human rights, something common to the Palestinians’ daily experience. Human rights, both of Britons and Palestinians were callously violated on the 28th of June, not to mention our rights as women, regarding the degrading and humiliating manner in which we were treated. As is evident from the verbal exchange mentioned above, this is a direct message from the Egyptian authorities to the Free Gaza Movement and the democratic will of any person standing in solidarity with the Palestinians. We are human rights activists and what we witnessed and experienced in that Crossing was a violation to every existing right, a crime against humanity, or rather… crimes.”

The activists entreat the British Embassy to “…urge the MFA to investigate what went wrong and to insist that those responsible for what happened on the 28th of June, particularly the intelligence office at the Crossing, provide an explanation as to why such treatment was issued and why we were denied entry despite having previously been granted permission to enter. It is only reasonable that we should know why we endured what we did, whose error it was, and specifically why the permission that was arranged earlier in June was not recognised by the officials at the Crossing, resulting in our passage being denied. It is the duty of the British Embassy to safeguard our rights as British citizens and also as human beings. It is to our dismay and utter disappointment that after going through the nightmare of the 28th of June, we were left feeling so stranded and neglected. Are we also being punished for our solidarity and human rights work by the British authorities? Why are human rights and citizen rights disregarded when an issue relates to the Israeli occupation and the other states which support Israel’s crimes? As a matter of urgency, we appeal to the Embassy to fulfill its responsibility – ensuring the safety and wellbeing of its citizens!”

Action Alert: protests in front of Israeli embassies tomorrow

2 July 2009

For Immediate Release

London, 2 July, (ECESG) – The European campaign to end the siege on Gaza (ECESG) called today for international human rights organizations and lobbying groups to organize large protests in front of Israeli embassies across Europe in solidarity with activists of Free Gaza Movement. Activists onboard of the humanitarian boat were kidnapped by Israeli naval forces while they were sailing in a peaceful mission to end the siege.

The call aims at creating factual movements on the ground to release “the spirit of humanity” activists. Additionally, head of ECESG, Dr. Arafat Madi contacted EU officials and MPs to urge on moving to release the activists immediately.

British Baroness, Jenny Tonge, expressed her deep anger and concerns towards the Israeli doing. She said that, “I shall take up the matter with the Foreign office.”

Sinn Féin Justice Spokesperson Aengus Ó Snodaigh TD has described the Israeli government’s decision to board and hijack a peace boat on route to Gaza carrying medical aid as contemptible, adding; “The piracy of the Israeli Navy in boarding the boat in international waters and towing it towards Israel this is yet another astounding example of just how beyond reproach this administration believes it is.”

The boat was boarded by highly-profiled people like Mairead Maguire, winner of a Noble Peace Prize and a former U.S. congressperson, Cynthia McKinney. The vessel was forcibly taken to one of the Israeli seaports under direct threats from naval boats.

Maguire, winner of a Noble Peace Prize was taken against her will and isolated from the rest of the team. The Israeli army cared about neither her old age nor her position. Two activists were released only while the rest are in Israeli detention of Ramallah. The exemplary punishment against the activists is a small glimpse of what’s happening to 12 thousand Palestinians in Israeli jails.

ECESG is organizing a number of protests in various European countries to call on releasing the kidnapped peace activists.

Actions’ Timetable

Israeli Embassy in Roma, Italy

Location: Via Michele Mercati, 14

In front of the Israeli embassy

3rd of July 2009

12:30 pm

Embassy of Israel in Copenhagen, Denmark

Lundevangsvej 4

2900 Hellerup

12:30 pm

Israel Embassy, Sweden

Torstenssonsgatan 4

Stockholm

Sweden

12:30 pm

Embassy of Israel

Chancellery

Alpenstrasse 32

P.O.Box

3006 Bern

12:30 pm

Israeli Embassy in The Hague, Netherlands

Embassy of Israel in The Hague, Netherlands

Ambassade van Israel

Buitenhof 47

2513 AH Den Haag

12:30 pm

Free Gaza Movement’s two Palestinian ’48 organisers now released from Israeli prison and detention

2 July 2009

For Immediate Release:

Lubna Masarwa and Huwaida Arraf, both organisers of the Free Gaza Movement, have now been released from Ashdod Detention Facility, where military authorities had held them from 9.00 p.m. on 30th June until 1.00 p.m. on 1st July, 2009, having arrested and detained them while in Gazan territorial waters (approx. 20 nautical miles from Gaza Port) at 3.00 p.m. on 30th June.

Congresswoman Cynthia McKinney and Nobel Peace Prize Winner Mairead Maguire have given telephone interviews from their prison cells, where they await deportation. To arrange such interviews, contact Free Gaza Movement (either Greta Berlin or Caoimhe Butterly, at +357 99 081 767), who will also supply current news or information as to the whereabouts of those Free Gaza 21 who are awaiting deportation, or the current status of legal negotiations as to those deportations.

Free Gaza Movement will continue its activities to break the siege on Gaza, to highlight the plight of Gazans under total Israeli siege and occupation, and to remind the world of the imprisonment of 11,000 Palestinians in Israeli jails or detention centres, under administrative detention, most of them without trial.

Israel states that it denied entry to the SPIRIT OF HUMANITY and 21 Free Gaza human rights defenders because Gaza is a closed military area and “a blockaded area”. The Israeli Navy threatened to fire at the boat and on several occasions during the voyage from Cyprus attempted to stop the boat (at 3.00 a.m. and at 11.00 am on 30th June), when they surrounded it with up to eight naval gunboats.

Nevertheless, both Ms. Masarwa and Ms. Arraf have been released without charge or court appearance. At 2.30 a.m. on 1st July, Ms. Masarwa was investigated by the General State Security (GSS) – the Shabbak, but not by the police or military.