Category: Press Releases

PCHR and Spanish civil society organize conferences in Madrid In defense of universal jurisdiction

Palestinian Centre for Human Rights

21 June 2009

The Palestinian Centre for Human Rights (PCHR), in cooperation with Spanish civil society partners and national and international human rights organizations, are organizing two events in Madrid, Spain, on 22 and 24 June 2009. The events will take place in the Spanish Cultural Centre and the Spanish Congress.

These events are being organized in opposition to a proposed amendment to Spain’s universal jurisdiction legislation. On 19 May 2009, the Spanish Parliament requested that the government draft legislation limiting the scope of Spain’s universal jurisdiction legislation, this amendment will be presented to the Lower House on 26 June. Spain has long been an advocate of universal jurisdiction; it is widely believed that the current amendments are introduced consequent to concerted political pressure on behalf of States intent on shielding alleged war criminals from justice.

PCHR, and Spanish and international civil society and human rights organizations, are united in opposition to the amendment. Universal jurisdiction is an essential component in the international legal order. Crucially, it is also of critical importance in the fight against impunity. International law grants explicit protection to civilian populations. However, in order for the law to be relevant – to be capable of protecting civilians – it must be enforced. As long as States and individuals are allowed to act with impunity, they will continue to violate international law: innocent civilians will continue to suffer the horrific consequences.

PCHR wish to emphasize that universal jurisdiction is not merely a Palestinian issue. It is a legal mechanism intended to ensure that all those responsible for international crimes – which include genocide, crimes against humanity, war crimes and torture – are brought to justice. Universal jurisdiction is only enacted when States with a more traditional jurisdictional nexus to the crime (related, inter alia, to the place of commission, or the perpetrator’s nationality) prove unwilling or unable to genuinely investigate and prosecute: when they shield those accused of international crimes from justice.

In the interests of victims throughout the world, and all those who continue to suffer at the hands of oppressive regimes, universal jurisdiction must be pursued and strengthened. Universal jurisdiction is a fundamental component in upholding the rule of law. It is a key tool in the fight for universal justice, whereby the protections of international law may be extended to all individuals without discrimination, and victims’ rights ensured through the legal punishment of guilty parties.

PCHR’s Director, Mr. Raji Sourani, was due to present key-note speeches in Madrid. However, owing to the illegal siege of the Gaza Strip – a form of collective punishment which has now been in place for 24 continuous months – he has been denied permission to travel.

On 19 May 2009, the Spanish Parliament passed a resolution requesting that the government limit the scope of Spain’s universal jurisdiction legislation. The proposal calls for the existing legislation to be modified so that cases may only be pursued if they involve Spanish victims or if the accused are present on Spanish soil. The government’s amendment will be presented to Parliament on 26 June. If passed, the legislation will then be passed to the Upper House, before being returned to the Lower House for final approval.

This move represents a regression for Spain, a country that has long acknowledged the fundamental importance of universal jurisdiction. In recent years, a number of high profile universal jurisdiction cases have been pursued in Spanish courts, including Pinochet, Scilingo, and Guatemalan Generals. The Spanish Audencia Nacional (National Court) is currently investigating a case brought by PCHR and Spanish partners in relation to the al-Daraj attack of 2002. This war crime resulted in the deaths of 16 Palestinians, including 14 civilians. Approximately 150 people were injured.

On 4 May 2009, Judge Fernando Andreu of the Spanish Audencia Nacional (National Court) announced his decision to continue the investigation into the events surrounding the al-Daraj attack. The Spanish Court explicitly rejected the arguments of the Spanish Prosecutor and the State of Israel, claiming that Israel had adequately investigated the crime. The judge has confirmed that this position is incorrect, and contrary to the rule of law.
The victims and their legal team have placed their trust in the criminal justice system, believing that this is the only mechanism whereby accountability can be pursued and impunity combated. This trust must not be denied on the basis of political pressure. Politics cannot be placed above the rights of individuals.

On 22 June a roundtable discussion will be held in the Circulo de Bellas Artes room of the Valle Incan. On 24 June an information and advocacy conference will be held in Spanish congress. Both events are themed “In Defense of Universal Jurisdiction.” The events, which will be accompanied by press conferences, will be attended by members of Spanish civil society, Spanish parliamentarians and judges, and representatives of national and international human rights organizations.

PCHR stress that politics cannot be allowed to prevail over the rule of law. Victims’ rights to an effective judicial remedy must be upheld, and those accused of international crimes must be investigated and prosecuted in accordance with the demands of international law. The fight against impunity cannot be lost.

For further information, please see the universal jurisdiction section of PCHR’s website: www.pchrgaza.org.

Support Sheikh Jarrah: International day of actions against house demolitions in Palestine

The community of Shiekh Jarrah calls on the international community to set up tents outside of Israeli embassies worldwide in solidarity with the neighborhoods threatened with eviction or demolition in occupied East Jerusalem.

Tents have become a powerful symbol of the struggle of Palestinian people living in occupied East Jerusalem. They have been set up as centres of protest in neighbourhoods threatened by numerous eviction and demolition orders, part of Israel’s wider policy to ethnically cleanse Jerusalem of its Palestinian population. Ultimately this would destroy any hope of East Jerusalem becoming the capital of a future Palestinian state. A number of the tents, notably the one in Sheikh Jarrah, have been built by Palestinian residents forcibly evicted from their homes as a result of Israel’s racist policy. Palestinians, who became refugees in 1948 & 1967 are, once again, facing dispossession from their homes and land as our governments stand by and do nothing.

The neighbourhoods most severely affected are Sheikh Jarrah, Silwan, Ras Khamiis, Al Tur and Sur Beher however house evictions and demolitions are not uncommon in the Old City itself. In Silwan, 88 homes in the al Bustan quarter are facing immediate destruction in order to create space for a planned national park. In addition, two apartment buildings housing 34 families in the adjacent al Abbasiyya quarter have also received demolition orders. When completed, up to 2,000 Palestinians will be uprooted from their homes.

The local communities are calling for international activists to organise symbolic protests and set up tents outside of Israeli embassies or Zionist organisations worldwide to stand in solidarity with the protest tents in the neighbourhoods of Sheikh Jarrah, Silwan, Ras Khamiis, Al Tur and Sur Beher.

The case of Sheikh Jarrah

The neighbourhood consists of 28 families, and is facing a number of eviction orders which are part of a plan to implant a new Jewish settlement in the area, close to the Old City. After the Al Kurd family has been forcibly removed from their home in November 2008, it is now the turn of the al-Ghawe and Hannoun families to face imminent eviction, while others are awaiting further eviction orders.

The families have gone through 37 years of legal battles, fighting for the right to stay in their houses where many of them have been born and which they legally own. To date, the Israeli courts, including the High Court, decided in favour of the Jewish settler organisations, which claim the ownership of the land based on falsified documents. The courts have not only ignored all the documents produced by the Sheikh Jarrah community which clearly prove their legal status and the ownership of the land, they have also shown that their decisions are not based on law and justice, but are clearly political decisions, serving the goal of cleansing the Palestinian people from Jerusalem.

The latest court hearing, held on the 17th May, ordered the families to sign a guarantee for 50,000 NIS and present a further guarantee for $50,000 from the bank. The court has ruled for this money to be taken if the families refuse to hand in their keys and leave their houses voluntarily by noon on the 19th July. After this date, the settler organisations have permission to enter the houses and the fathers of the families will be sent to prison, charged with contempt of court.
Now that all legal avenues have been exhausted, the families last hope is that media attention & international pressure can help stop the evictions taking place

Maher Hannoun, resident from Sheikh Jarrah faced by imminent eviction order and imprisonment, said:
As refugees and people living under occupation, we are asking people to help us with our struggle for our rights. It is unbelievable that in the 21st century, Israel’s authorities can get away with demolishing the homes of Palestinians in order to build settlements or national parks. The price we and our neighbours have to pay is too high, we are faced with two impossible choices – either we throw our kids out on the street or we go to prison. If we lose our homes, there is nowhere else for us to go, the only option we have is to live in tents.

International solidarity gives us more power and strength to continue in our struggle and stay in our homes. We need support from people around the world to let everybody know about our story and pressure their goverments to help stop this racist policy of house evictions and demolitions.

What you can do – suggestions for further actions:

  • Contact your MPs and other political representatives to tell them about this story. Ask them to raise the issue of East Jerusalem in the Parliament and Government meetings and put diplomatic pressure on the Israeli authorities.
  • Contact media representatives in your countries and ask them to cover the story of Sheikh Jarrah and the ongoing ethnic cleansing in East Jerusalem.
  • Organise demonstrations, talks, film nights or photo exhibitions in your countries. Email sheikh.jarrah@hotmail.co.uk to receive updates, tell us about your ideas for actions, events and the co-ordination of an international day of actions.
  • Set up a contigency plan with your organization or affinity group in the event that these evictions are carried out or Maher Hannoun is arrested. Send your email to Sheikh.jarrah@hotmail.co.uk to recieve alerts and co-ordinate your actions.

We ask for people to stand in solidarity with the residents of Sheikh Jarrah and support their fight for justice.

Brick by brick

Free Gaza Movement

18 June 2009

On June 25th, the Free Gaza movement will set sail on its eighth mission to break Israel’s horrific siege and collective punishment of 1.5 million Palestinians in the Gaza strip.

“The Israelis violated international law by ramming the boat I was on which was carrying medical supplies to Gaza. Therefore, I never got to Gaza. Especially after Operation Cast Lead, I want to go to Gaza, and if I’m lucky, one day, I’ll also get to visit a free Palestine,” said former Representative Cynthia McKinney, one of the passengers coming back.

Along with McKinney, 36 others will board the FREE GAZA , a fishing boat, and the SPIRIT OF HUMANITY, a small ferry loaded with building supplies such as cement, only a token of what is needed in Gaza, but a prelude to larger shipments the Free Gaza movement expects to take throughout the summer.

Mairead Maguire, the Nobel Peace Prize winner from Ireland is also going back, “I am going to Gaza to show my love and support for the people of Gaza who continue to suffer under Israeli siege and occupation, yet whose spirit of nonviolent resistance inspires all who believe in equality, freedom and justice,” she stated.

“It is crucial that we continue sending boats to Gaza to challenge Israel’s criminal closure on the Strip,” said Huwaida Arraf, delegation leader of the June 25th voyage. “Gaza does not need our charity but needs us to stand up against the forces that continue to deliberately deny an entire people their human rights. International donors pledged over $4 billion to rebuild Gaza, and yet none of them are doing anything about the fact that Israel is not allowing any building supplies into Gaza, not to mention thousands of other items such as anesthetic, oxygen and cancer treatments, chlorine to treat the water supply as well as paper, books and toys for children, even tea and coffee have been banned.”

This voyage will be the first attempt to challenge Israel’s naval blockade on the Gaza Strip since an Israeli gunship brutally rammed the DIGNITY in December, and nearly sank the SPIRIT OF HUMANITY with all on board in January. This 8th trip will also be the first of a series of boats we intend to send to Gaza as part of our Summer of Hope campaign.

The Free Gaza Movement, a human rights group, sent two boats to Gaza in August 2008. These were the first international boats to land in the port in 41 years. Since August, four more voyages were successful, taking Parliamentarians, human rights workers, and other dignitaries to witness the effects of Israel’s draconian policies on the civilians of Gaza. On December 30, their boat, the DIGNITY was rammed three times while 90 nautical miles out, in international waters, on its way to deliver emergency medical supplies to the people of Gaza, while they were under the infamous attack by Israel.

Help Israeli human rights activist Ezra Nawi

Without international intervention Israeli human rights activist Ezra Nawi will most likely be sent to jail.

Ezra Nawi has been active for years in the area known as South Mt. Hebron. The Palestinians in this small desolate area in the very south of the West Bank have been under Israeli occupation for almost 42 years; they still live without electricity, running water and other basic services, and are continuously harassed by the Jewish settlers who constantly violate both Israeli and International law, and are backed by a variety of Israeli military forces, all of which operate in an effort to rid the area of its Palestinian inhabitants and create a new demographic reality in it.

Nawi`s persistent NON VIOLENT activity in the area is aimed both at aiding the local population in its plight to stay on their lands, but also at exposing the situation in the area to both the Israeli and international public eye. The latter is very much not in the interest of the Israeli settlers who complain that Nawi is disturbing the “status quo” in the area. Nawi has received threats on his life from the settlers in the past. The chief of the investigations in the Hebron Israeli Police once admitted that what Nawi is doing in the area is “exposing the dirt laying under the rug…”

Ezra Nawi`s efforts have been fruitful in the sense that the attempt to rid the South Mt. Hebron from its Palestinian inhabitants has become a visible, internationally acknowledged issue.

The settlers, army and Israeli police have a strong interest to restrict his movement and ban him from the area. Therefore they constantly falsely accuse him of violating the law. Lately he has been pronounced guilty of assaulting a police officer who was demolishing a Palestinian house on July 22, 2007. He will be sentenced this coming July.

As chance would have it, the demolition and the resistance to it were captured on film and broadcast on Israeli news. As depicted on the film (a must see), Nawi, the man dressed in a green jacket, not only courageously protests the demolition, but after the bulldozer destroys the buildings he also tells the border policemen what he thinks of their actions. Sitting handcuffed in a military vehicle following his arrest, he exclaims: “Yes, I was also a soldier, but I did not demolish houses… The only thing that will be left here is hatred…”

Nawi`s case is not only about Nawi. It is also about Israel and Israeli society, if only because one can learn a great deal about a country from the way it treats its human rights and pro-democracy activists.

To support Ezra, please write a letter or email to the Israeli embassy in your country, and send us a copy to support.ezra@gmail.com

Prohibit live fire in circumstances that are not life-threatening in the West Bank

B’Tselem

18 June 2009

On Friday, 5 June 2009, ‘Aqel Sror, 35, was killed when a border policeman fired a live, 0.22 inch caliber bullet at his chest during a demonstration held in Ni’lin. Four other demonstrators were injured by 0.22 bullets that day. One of them suffered a severe wound to the spinal cord, which his physicians estimate will leave him permanently paralyzed.

B’Tselem’s investigation indicates that Sror, who was part of a group of youths who were throwing stones at border policemen, was shot while he ran to aid a young man who had been injured a few seconds earlier. The shot was fired by a Border Police sniper, from a distance of 40 to 50 meters away. Sror and the injured person whom he had gone to aid were struck in their torsos. B’Tselem demanded a criminal investigation in the matter.

0.22 bullets are live ammunition that used to be fired from a Ruger rifle. Their impact may be lower, but they do cause injury, at times very serious, and even death. For this reason, the former Judge Advocate General, Maj. Gen. Menachem Finkelstein, ordered that use of these bullets stop. The order was given in 2001 after several children in the Gaza Strip were killed by this ammunition, and after OC Central Command had already prohibited its use. At the time, Ha’aretz quoted an army official who saying that “the mistake was that the Ruger came to be seen as a means to disperse demonstrators, although it was originally intended to be a weapon to all intents and purposes.”

Surprisingly, a few months ago, the army returned to using this ammunition to disperse demonstrators, without giving any explanation for this sudden change in policy and without taking any measures to prevent the expected injury to civilians. Indeed, since then, 0.22 bullets have killed or injured many Palestinians in the West Bank, and also at least one foreigner. In February, ‘Az a-Din al-Jamal, 14, was killed in Hebron when after throwing stones with other youths. B’Tselem also knows of persons who were injured in Ni’lin, Bil’in, Jayyus, Bitunya, and Budrus. Most of the victims were struck in the legs, suffering light to moderate injuries.

Following the renewed use of 0.22 bullets, B’Tselem wrote to the Judge Advocate General in March warning of the potential danger lives in use of this ammunition to disperse demonstrations. The response of Maj. Yehoshua Gortler, of the Judge Advocate General’s Office, was received only in June, after ‘Aqel Sror was killed, and after another letter from B’Tselem.

In his response, Major Gortler states that the rules applying to 0.22 bullets are “comparable, in general, to the the Open-Fire Regulations applying to ‘ordinary’ live ammunition… The IDF does not consider the Ruger rifle a means to disperse demonstrators or persons engaged in public disturbances, and the weapon is not a substitute for means used to deal with public disturbances (such as stun grenades, rubber bullets, and so forth).”

This response does not reflect the reality in the field. B’Tselem’s observations at demonstrations in Ni’lin clearly indicate that security forces have consistently used 0.22 bullets since the end of 2008, and that they see them as an additional means to disperse demonstrators.

First, following the killing of ‘Aqel Sror, the IDF Spokesperson himself stated that soldiers had fired at demonstrators with a Ruger rifle, “which is a means to disperse demonstrators that fires ammunition similar to live ammunition but at low intensity.”

Second, soldiers frequently use 0.22 bullets along with other crowd-dispersal means, such as tear gas and stun grenades. This conduct indicates that soldiers in the field and their commanders see 0.22 bullets as one of the means available to them for dispersing demonstrators.

Third, soldiers often do not have any weapon suited to shooting rubber-coated metal bullets, which are intended for crowd dispersal. Rather, they only have 0.22 bullets. This situation is reflected in the number of demonstrators wounded by these bullets in Ni’lin: since the army renewed use of these bullets, at least 28 demonstrators have been injured.

Fourth, analysis of the repeated use of 0.22 bullets in demonstrations in Ni’lin clearly demonstrates that, in the vast majority of cases, neither soldiers nor other persons were in life-threatening situations, which is the only case in which it is permitted to use live ammunition.

In its letters to the Judge Advocate General, B’Tselem noted that treating 0.22 bullets as a means for dispersing demonstrators has led security forces to see this ammunition as non-lethal and harmless, whose use does not have be restricted. Accordingly, forces have increased use of it and have begun to fire it in non-life-threatening situations.

This incorrect perception is especially dangerous because soldiers are almost never held accountable for illegal use of weapons. The lack of accountability results from the Judge Advocate General’s Office’s policy of not opening Military Police investigations in cases in which Palestinians are killed or wounded, except in rare circumstances in which the operational investigation, made by the same soldiers who caused the injury, raises a suspicion of criminal conduct. This policy has led to very few investigations, and consequently grants impunity to soldiers who breach the law.

B’Tselem demands that the army immediately cease use of 0.22 ammunition in circumstances that are not life-threatening, and that measures be taken against members of the security forces who have opened fire in breach of the regulations, causing death or injury to civilians.