PCHR submits lawsuit against Israeli officials via Spanish national court

To view original press release from the Palestinian Centre for Human Rights (PCHR), click here

On 24 June 2008, the Palestinian Centre for Human Rights (PCHR) filed a lawsuit at the National Court of Spain, the highest Spanish judicial council, against seven former senior Israeli military officials. These include former Defence Minister Benjamin Ben-Eliezer, his former military advisor, Michael Herzog, former Israeli Army Chief of Staff Moshe Ya’alon and Dan Halutz, former Commander of the Israeli Air Force, who are all suspected of committing a war crime in the Gaza Strip in July 2002.

PCHR filed this lawsuit on behalf of six Palestinians who survived an Israeli extra judicial execution operation in the Gaza Strip in July 2002. This is the first time survivors of an Israeli military attack have filed a lawsuit against members of the Israeli military in Spain. The National Court of Spain has accepted to examine the case, the first step towards launching a formal prosecution.

At approximately midnight on 22 July, 2002, an Israeli Air Force fighter jet dropped a 2,000 lbs. bomb on the house of Salah Shehada, Commander of Izzedeen El-Qassam Battalions, the armed wing of Hamas, who was living in the Daraj district of Gaza city. The bomb killed Salah Shehada and seventeen civilians, including his wife, his daughter, his guard, eight children (including a 2-month infant), two elderly men, and two women. In addition, seventy seven other people were injured, eleven houses were completely destroyed and thirty two houses damaged. The Government of Israel apparently confirmed to [former] Israeli Army Chief of Staff, General Moshe Ya’alon, that it was fully aware Shehada’s wife and daughter “Were close to him during the implementation of the assassination … and there was no way out of conducting the operation despite their presence.”

PCHR embarked on this ground-breaking lawsuit via the National Court of Spain after lengthy consultations with international legal experts indicted the possibility of such action with regard to lawsuits of war crimes. The Centre notes that similar cases have previously been filed in Israeli courts, but did not lead to successful prosecutions. On the contrary, the Israeli judiciary was used as a legal cover for the perpetration of war crimes, and as a tool to deliberately hinder international jurisdiction under the pretext of a “fair” national judicial system operating in Israel.

This PCHR lawsuit is part of continuing and rigorous efforts by the Centre to pursue Israeli war criminals under universal jurisdiction in courts in Switzerland, New Zealand, Britain and Spain. PCHR’s Spanish partners in this lawsuit are Antonio Segura, Gonzalo Boye, Juan Moreno and Raul Maillo, who have already worked on a number of high profile human rights cases, including representing victims of torture in Guatemala and the attempted prosecution of General Augusto Pinochet for the murder of Spanish citizens whilst he was president of Chile.

The Palestinian Centre for Human Rights previously filed a lawsuit in the UK against former Head of the Israeli Army Southern Commend, Doron Almog, for committing grave breaches of the Fourth Geneva Convention during his army service, (considered a criminal offense in the UK under the Geneva Conventions of 1949) Almog arrived in the UK on 10 September 2005, after a warrant had been issued for his arrest. Having been informed of the warrant before he disembarked, Almog subsequently fled straight back to Israel on the same plane.

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Background to Lawsuit

Antonio Segura, Gonzalo Boye, Raul Maillo and Juan Moreno, are prominent human rights lawyers with extensive experience of cases concerning International Law and Humanitarian Law. In addition to attempting to prosecute former Chilean dictator Augusto Pinochet, who was subsequently held in Britain for more than one year, they also represented the case of Jose Couso, a Spanish cameraman who was killed by US troops in Baghdad, Iraq, as well as representing victims of torture in Guatemala, and victims of the September 2004 Madrid bombing. They have subsequently become well known by human rights and solidarity groups around the world for their commitment to representing victims of human rights abuses. This lawsuit has been filed jointly with the Spanish lawyers and the Palestinian Centre for Human Rights (PCHR) on behalf of the Centre’ Director, Raji Sourani, and is the first lawsuit of its kind to be filed in Spain.

This lawsuit is the result of more than two year’s collaborative work between Palestinian human rights organizations (including the Arab Cause Solidarity Committee and the Al-Quds Association for Solidarity with People in Arab Countries) and Spanish civil society organizations that focus on justice for Palestinians. PCHR commends the decision of the National Court of Spain to examine this case further, and welcomes Spain’s decision to join the group of countries, whose courts have accepted cases against the Israeli military. To date, Great Britain, Switzerland, the Netherlands, the United States and New Zealand have also accepted cases against the Israeli military. PCHR regards this as an extremely positive step towards ensuring that victims of these war crimes eventually receive justice.

Adalah-NY to ADL: Demand that UNICEF reinstate Leviev as donor “hypocritical and outrageous”

UNICEF cut ties with Israeli diamond mogul over construction of Israeli settlements on Palestinian land

New York, NY, June 25, 2008 – The New York rights coalition Adalah-NY today labeled as “hypocritical and outrageous” the June 24 demand by The Anti-Defamation League (ADL) that UNICEF reinstate Israeli billionaire Lev Leviev as a donor. In a June 24 press release, ADL Director Abe Foxman criticized UNICEF’s decision to sever ties with Leviev, saying that it “smacks of selective political discrimination.” UNICEF announced last week that it would no longer accept donations from Lev Leviev due to his involvement in the construction of Israeli settlements in violation of international law. UNICEF’s decision came after they received letters criticizing Leviev’s activities from groups including Adalah-NY, Jews Against the Occupation, Jewish Voice for Peace, and a visit by UNICEF officials to Jayyous, one of the West Bank Palestinian communities where a Leviev company is building Israeli settlements.

Commenting on the ADL demand, Daniel Lang/Levitsky of Jews Against the Occupation, a member group in the Adalah-NY coalition, explained, “International law and universal human rights are essential principles for international organizations like UNICEF. The construction of Israeli settlements unequivocally violates both of these principles. Therefore, the ADL’s demand that UNICEF turn a blind eye to Lev Leviev’s violations of international law while disregarding basic rights for Palestinians is hypocritical and outrageous.”

Leviev admitted to settlement construction in an interview published in the Israeli newspaper Ha’aretz Daily on March 8, 2008. Adalah-NY has documented on its website multiple Israeli media reports showing that Danya Cebus, a subsidiary of Leviev’s Africa Israel, committed in 2004 to building homes in the settlement of Mattityahu East on the land of the West Bank village of Bil’in, and committed in 2007 to construction in the settlements of Maale Adumim and Har Homa, two settlements designed to separate Palestinian East Jerusalem from the West Bank. Additionally, Adalah-NY has posted on its website documents from Israel’s Companies Registrar in Jerusalem showing that Leviev is co-owner of the company Leader which is building the settlement of Zufim on the village of Jayyous’s land. According to the Israeli newspaper Yedioth Ahronoth, Leviev is also a funder of the settler organization the Land Redemption Fund which uses money, strong-arm tactics and deceit to secure Palestinian land for settlements.

Of great concern to child rights’ advocates, settlement construction by Leviev’s companies is not only destroying Palestinian communities, but is also directly harming Palestinian children. As a result of the construction of Leviev’s settlement and Israel’s wall on Jayyous’ land, the once-prosperous farming village, is now impoverished. 57% of Jayyous’ families now depend on food aid. 103 out of a total of 195 students in grades 7-12 were compelled to drop out of school, often because their parents found it difficult to cover basic school expenses. In Bil’in, a village which has conducted a three and a half year nonviolent protest campaign against the construction of Mattityahu East settlement and Israel’s wall, the Israeli military has injured around 1,000 civilian protesters and arrested 50. Around 300 of those injured and 13 of those jailed were children from Bil’in. These harsh realities led the leading child rights organization Defence for Children International – Palestine to tell UNICEF, “that settlement construction is not only illegal but also has a profound negative impact on the lives of many Palestinian children.”

Leviev’s companies’ violations are not limited to Palestine. Ethan Heitner of Adalah-NY explained, “It’s ironic that the ADL’s demand that UNICEF accept support from Leviev comes at a moment when Leviev’s disregard for basic human rights in Palestine, Namibia, Angola and New York City has never been clearer. In Namibia 200 workers at Leviev’s diamond polishing factory are currently on strike for the third time in four years. In Manhattan, at the Apthorp building, which is 50% owned by Leviev’s Africa-Israel, 88 tenants protected by rent-regulation laws are now threatened with losing their apartments as the owners convert the building into a condo, according to the New York Times. And the Angolan Government, Leviev’s close partner in the diamond industry, is attempting to expel the UN Office of the High Commissioner for Human Rights in advance of elections. It seems the ADL just wants ‘its’ human rights abuser protected from criticism.”

PCHR: PCHR Commends UNICEF Stance Against Illegal OPT Settlements

To view original press release from PCHR, click here

The Palestinian Centre for Human Rights (PCHR) welcomes the decision of UNICEF to reject any further support from Israeli businessman Lev Leviev, who owns companies actively involved in constructing illegal settlements in the Occupied Palestinian Territory (OPT).

Lev Leviev, one of the richest men in Israel, had, until just a few days ago, been involved in fundraising for UNICEF, whilst at the same time being directly involved in building homes in illegal settlements across the Occupied West Bank, including East Jerusalem. Companies owned by Lev Leviev have built homes in settlements including Maale Adumim and Har Homa settlements near East Jerusalem, as well as settlements near the West Bank towns of Jayyous and Bil’in. Israeli settlements in the Occupied Palestinian territory (OPT) are illegal under International Humanitarian Law, constituting a grave breach of the Fourth Geneva Convention that amounts to a war crime. Leviev’s support for UNICEF therefore represented a major conflict of interest for the agency.

On June 19, 2008, Chris de Bono, UNICEF Senior Communications Advisor confirmed that “UNICEF has concluded it will not consider partnerships – direct or indirect – with Mr. Lev Leviev or any of his corporate entities, and will not accept financial or other support that we know is from him or his corporate entities.” PCHR commends UNICEF’s rejection of any future support from Lev Leviev. The Centre calls upon all other international agencies to ensure they are not receiving financial support, directly or indirectly, from any organizations involved in Israel’s illegal occupation of the OPT. In addition, the Centre calls upon all High Contracting Parties to the Fourth Geneva Convention to fulfill their legal and moral obligations to take measures against individuals and companies involved in the building and expansion of illegal settlements in the Occupied Palestinian Territory (OPT).

DCI/PS welcomes UNICEF’s rejection of Leviev support

To view original statement made by the Defence for Children International – Palestine section, click here

DCI-Palestine welcomes UNICEF’s decision to reject any further support offered by Israeli businessman Lev Leviev, who owns companies that are responsible for building housing units in several settlements in the occupied Palestinian territory (oPt), in contravention of international humanitarian law.

Lev Leviev sponsored fundraising events for UNICEF in 2007, while actively promoting the construction in the occupied West Bank of settlements which are not only illegal but also have a profound negative impact on the lives of Palestinian children. Several international and Palestinian groups working to protect Palestinian human rights, spearheaded by New York-based Adalah-NY–The Coalition for Justice in the Middle East, had therefore been calling for UNICEF to publicly renounce connections with Leviev and to stop accepting any kind of support from his companies.

DCI-Palestine played an active role in raising this issue with UNICEF: we sent a letter of concern to UNICEF New York headquarters in April, organised meetings with the UNICEF-oPt Country Representative, and met with the UNICEF Regional Director for the Middle East and North Africa in May. In addition, DCI-Palestine and the Palestinian Anti-Apartheid Wall Campaign coordinated a field visit of UNICEF officials to Jayyous, a Palestinian village which has been severely impacted by the construction of a settlement supported by one of Leviev’s companies.

On Thursday 19 June, a letter to Adalah-NY from the senior communications advisor to UNICEF’s Executive Director, stated: “Yesterday we confirmed that UNICEF has concluded that it will not consider partnerships – direct or indirect – with Mr. Lev Leviev or any of his corporate entities, and will not accept financial or other support that we know is from him or his corporate entities.” (Further information in the Adalah-NY press release)

DCI-Palestine welcomes this decision, and would like to thank Adalah-NY and all the other groups who have worked together to achieve this important step towards improving accountability to principles of international humanitarian and human rights law. We also want to thank residents of the West Bank villages Bil’in and Jayyous, whose children directly suffer from the consequences of settlement and settlement building activities. The presence of Israeli settlements and settlers in the West Bank has a devastating impact on the lives of Palestinian children and adults living nearby. A forthcoming DCI-Palestine violation report will highlight the recent increase in settler attacks against Palestinian children.

UNICEF Rejects Support From Israeli Billionaire Known for Constructing Settlements on Palestinian Lands

Diamond Mogul, Lev Leviev, Facing Increasing Pressure for Human Rights Violations
By Adalah-NY: The Coalition for Justice in the Middle East
Media Contact: media@adalahny.org

New York, NY, June 19, 2008 – A senior advisor to UNICEF’s Director said in a letter today that UNICEF will reject all partnerships with, or financial support from, Israeli billionaire Lev Leviev. Leviev had previously provided UNICEF with support by sponsoring fundraising events in France. Leviev’s past support for UNICEF is featured in a number of places on his company’s website (www.leviev.com).

UNICEF’s rejection of Leviev’s support followed meetings with Adalah-NY, letters from organizations and Palestinian communities advocating a boycott of Leviev’s companies, and a visit by UNICEF officials to Jayyous, one of the Palestinian communities where a Leviev company is building Israeli settlements. Leviev’s diamond-mining companies in Angola have also been accused of serious human rights abuses.

Abdullah Abu Rahme, a community leader from the West Bank village of Bil’in, said, “We welcome UNICEF’s decision to hold one of the companies that has been building Mattityahu East settlement accountable for attempting to destroy our community. Our village has engaged in a three and a half year nonviolent campaign to save our land, and an international boycott is an important complement to our weekly protests. This is a victory, but we need many more like it.” Leviev’s companies have also recently built homes in the settlements of Maale Adumim and Har Homa, both of which cut off East Jerusalem from the West Bank.

A June 19 letter to Adalah-NY from Chris De Bono, senior communications advisor to UNICEF’s Executive Director, stated: “Yesterday we confirmed that UNICEF has concluded that it will not consider partnerships – direct or indirect – with Mr. Lev Leviev or any of his corporate entities, and will not accept financial or other support that we know is from him or his corporate entities. The concerned parts of the UNICEF family, including our national committees, have been advised of this.” (See the full UNICEF letter: http://adalahny.org/images/stories/unicef-leviev.pdf) The letter followed a June 18th meeting at UNICEF’s New York headquarters with representatives from Adalah-NY.

In a previous March 25, 2008 letter to Adalah-NY, UNICEF explained that Leviev had indirectly supported UNICEF three times, “each time as a sponsor of fundraising activities organized by the French magazine Gala in support of UNICEF.” In the same letter UNICEF expressed its support for UN resolutions stating that Israeli settlements violate international law. Then in April, UNICEF received letters demanding that it reject all support from Leviev from Jewish Voice for Peace, Defence for Children International-Palestine, the villages of Jayyous and Bil’in, The Palestinian Boycott, Divestment and Sanctions Campaign, and Jews Against the Occupation.

The Mayor of the West Bank village of Jayyous, Mohammed Taher Jaber, commented: “UNICEF officials visited us in May and saw the terrible impacts on our children of the theft of our farmland for the expansion of Zufim settlement by Leviev’s company Leader. We thank UNICEF for upholding international law, and supporting children’s rights, and we call on other organizations to do the same.”

When contacted by Adalah-NY in January, Oxfam International announced publicly that it had not received support from Leviev, contrary to press reports and information on one of Leviev’s websites, and that it would not accept his support in the future due to Leviev’s companies’ settlement construction. Dubai has also recently announced that it would not allow Leviev to open planned jewelry stores in the Emirate following boycott calls issued by Adalah-NY and Palestinian communities.