Tag: International law

New Yorkers demand that Egypt and Israel open Gaza border

Adalah-NY: The Coalition for Justice in the Middle East

31 December 2009

Sixty human rights advocates protested outside Egypt’s Mission to the United Nations today to demand that Egypt open its border with the Gaza Strip. The New York protest came as Egyptian riot police in Cairo surrounded and assaulted hundreds of international activists who had been prevented by Egyptian authorities from entering the Gaza Strip. The international activists had planned to protest in Gaza against Israel’s siege as part of the Gaza Freedom March. Following the demonstration at the Egyptian Mission, the New York City protesters marched to the Israeli consulate chanting, “Free Gaza Now”.

Holding Palestinian flags and signs calling for an end to the siege of Gaza, New Yorkers sang US civil rights song to the staff inside Egypt’s Mission to the UN, asking:

Which side are you, which side are you on?
Justice or oppression, which side are you on?

To the tune of another civil rights classic, they sang:

Ain’t gonna let Mubarak, turn me round, turn me round, turn me round,
Ain’t gonna let Mubarak, turn me round,
Gonna keep on walkin’, keep boycottin’, til Palestine is free.

At the New York demonstration, a delegation of three protesters entered the Egyptian Mission and gained a meeting with Egypt’s Representative to the UN. They told him of their concerns over Egypt’s repression of the Gaza Freedom March and Egypt’s complicity in maintaining the siege on Gaza.

On the one year anniversary of Israel’s assault on Gaza that killed around 1400 Palestinians, over 1300 activists from around the world had gathered in Cairo, planning to travel to protest in Gaza alongside thousands of Palestinians for the Gaza Freedom March.

Israel intensified its siege of Gaza with the military attack ‘Operation Cast Lead’, that began on December 27, 2008. In addition to killing approximately 1400 Palestinians, Israel’s attack destroyed factories, schools, homes and land. For the past year, Palestinians in the Gaza Strip have been cut off from adequate food, medical supplies, and materials for reconstruction, schooling and work. The Egyptian government has been an active partner with Israel, closing the only access point to Gaza that is not directly controlled by Israel, and shutting down operations of human rights activists in Egypt.

A new report by Amnesty International, Oxfam UK, Mercy Corps and thirteen other international humanitarian organizations explained that, “The international community has betrayed the people of Gaza by failing to back their words with effective action to secure the ending of the Israeli blockade which is preventing reconstruction and recovery.” The report also explains that, “The Israeli authorities have allowed only 41 truckloads of all construction materials into Gaza since the end of the offensive in mid-January. The task of rebuilding and repairing thousands of homes alone will require thousands of truckloads of building materials.”

Release Abdallah Abu Rahmah and other leaders and members of the Bil’in Popular Committee Against the Wall and Settlements

Faculty for Israeli-Palestinian Peace

29 December 2009

Abdallah with FFIPP students at the site of the Apartheid Wall in Bil'in

Abdallah Abu Rahmah, a leader of the Bil’in Popular Committee Against the Wall and Settlements, was arrested at his home during a military operation in Ramallah by the Israeli Army on December 10.

FFIPP interns and members of faculty delegations know Abdallah Abu Rahmah well. For the past two years, he has received our students and faculty at his home in Bil’in and has taken them to see the Separation Wall on the village’s land.

Abdallah is currently in military prison and is being charged with illegal weapons possession, in response to his creative exhibition of discharged tear gas canisters, bullets and sound grenades used by the Israeli military in Bil’in against non-violenet protestors. As many of our students and faculty have witnessed, the exhibition was created for educational purposes and does not have live ammunitions but only the remains of weapon used by the Israeli Army.

In th e last 20 years Israel confiscated more than 50% of Bil’in land for Israeli settlements and the construction of the separation wall. Supported by Israeli and international activists, Bil’in residents have peacefully demonstrated every Friday in front of the Separation Wall on their land for the past five years.

Under international law the confiscation of land in Bilin for the construction of the settlements on the village’s land is illegal. The ongoing construction of the Wall is also condemned by the UN and the International Court of Justice (ICJ). In 2007 the Israeli High Court of Justice ordered the government to reroute a section of its separation barrier that is on the village’s land.

Abdallah’s arrest appears to be part of an ongoing campaign conducted by the Israeli military to undermine the efforts of residents of Bil’in and leaders of the Popular Committee Against the Wall and Settlements, in an attempt to discourage them from continuing their non-violent struggle and spreading their non-violent, creative and inclusive struggle to other villages. Since June 2009, 31 residents of Bil’in have been detained by the Israeli military. Recently, other leaders of the grassroots and non-violent Palestinian movement for the removal of the Wall and for freedom have been arrested, such as Jamal Juma’ and Mohammad Othman.

By imprisoning leaders of the non-violent struggle against the confiscation of Palestinian land, what is the message that the Israeli military intends to convey? If the leaders of this struggle, who work openly and jointly with Israeli and international peace activists, are taken away by the Israeli military, what options are left open to a new generation of Palestinians who desire to fight for their freedom and their dignity?

South African Archbishop Desmond Tutu, who met with Abdallah Abu Rahma last summer during a visit to Israel, under the auspices of The Elders, a group of global leaders formed by former South African president Nelson Mandela, condemned Abu Rahma’s arrest and indictment.

Archbishop Tutu said that he and his fellow delegation members – who included former American president Jimmy Carter, former Irish president Mary Robinson and former Norwegian prime minister Gro Brundtland – were “impressed by [Abdallah Abu Rahma] commitment to peaceful political action, and their success in challenging the wall that unjustly separates the people of Bil’in from their land and their olive trees.” He called Abu Rahma’s arrest and indictment “part of an escalation by the Israeli military to try to break the spirit of the people of Bil’in.”

All of us who met with Abdallah Abu Rahmah in Bilin share Desmond Tutu’s evaluation and condemnation.

We urge students and faculty to

1) Send a message of support and solidarity to the Bilin Popular Committee Against the Wall and Settlements,

2) Contact Israeli embassies to request the release of Palestinian popular leaders from Israeli prisons,

3) Ask President Obama to put pressure on Israel to release the leaders of the non-vilolent struggle against the Wall and settlements

UN expert repeats call for threat of sanctions against Israel over Gaza blockade

United Nations News Centre

29 December 2009

The United Nations independent expert on Palestinian rights has again called for a threat of economic sanctions against Israel to force it to lift its blockade of Gaza, which is preventing the return to a normal life for 1.5 million residents after the devastating Israeli offensive a year ago.
“Obviously Israel does not respond to language of diplomacy, which has encouraged the lifting of the blockade and so what I am suggesting is that it has to be reinforced by a threat of adverse economic consequences for Israel,” Richard Falk, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, told UN Radio.

“That probably is something that is politically unlikely to happen, but unless it happens, it really does suggest that the United States and the Quartet and the EU [European Union] don’t take these calls for lifting the blockade very seriously and are unaffected by Israel’s continuing defiance of those calls,” he said, referring to the diplomatic Quartet of the UN, EU, Russia and US, which have been calling for a two-state solution to the Middle East conflict.

The UN Relief and Works Agency for Palestinian Refugees (UNRWA), the main UN body tending to the needs of some 4 million Palestinian refugees, said today Gaza had been “bombed back, not to the Stone Age, but to the mud age,” because UNRWA was reduced to building houses out of mud after the 22-day offensive Israel said it launched to end rocket attacks against it.

“The Israeli blockade has meant that almost no reconstruction materials have been allowed to move into Gaza even though 60,000 homes were either damaged or completely destroyed. So we in UNRWA have been saying ‘let’s lift this senseless blockage,’” UNRWA spokesman Chris Gunness told UN Radio.

“We are the United Nations and we always hope that diplomacy will prevail, and it will prevail above the rationale of warfare. But if you look at what is going on in Gaza, and if you look at the continued blockade and the fact that that blockade is radicalizing a population there, then one has to have one’s doubts.”

In a statement last week, Mr. Falk stressed that the “unlawful blockade” was in its third year, with insufficient food and medicine reaching Gazans, producing further deterioration of the mental and physical health of the entire civilian population.

Building materials necessary to repair the damage could not enter Gaza, and he blamed the blockade for continued breakdowns of the electricity and sanitation systems due to the Israeli refusal to let spare parts needed for repair get through the crossings.

Mr. Falk also deplored the wall being built on the borders between Gaza and Egypt.

“I’m very distressed by that, because it is both an expression of complicity on the part of the government of Egypt and the United States, which apparently is assisting through its corps of engineers with the construction of this underground steel impenetrable wall that’s designed to interfere with the tunnels that have been bringing some food and material relief to the Gaza population,” he told UN Radio.

“And of course, the underground tunnel complex itself is an expression of the desperation created in Gaza as a result of this blockade that’s going on now for two and a half years, something that no people since the end of World War II have experienced in such a severe and continuing form.”

As a Special Rapporteur, Mr. Falk serves in an independent and unpaid capacity and reports to the Geneva-based UN Human Rights Council.

In a new policy brief, the UN Conference on Trade and Development (UNCTAD), entrusted with promoting the integration of developing countries into the world economy, reported that more than 80 per cent of Gaza’s population are now impoverished; 43 per cent unemployed; and 75 per cent lack food security. “In view of the eroded productive base, poverty is likely to widen and deepen unless reconstruction begins in earnest and without further delay,” it warned.

Israel continues to violate rights of human rights defenders and peaceful activists

30 December 2009

Addameer * Al-Haq * Al Mezan Centre for Human Rights * Al Dameer Association for Human Rights * BADIL Resource Center for Palestinian Residency and Refugee Rights * DCI – Palestine Section * ENSAN Center * Jerusalem Legal Aid Center * Women’s Centre for Legal Aid and Counselling

Israel has for too long been allowed to violate the rights of human rights defenders and activists. As an occupying power and State Party to the International Covenant on Civil and Political Rights (ICCPR), Israel is obliged to respect the rights of Palestinians in the Occupied Palestinian Territory (OPT) as guaranteed under the ICCPR. Palestinian human rights defenders must be guaranteed their right to
freedom of expression and peaceful assembly, and their right to liberty and security of person.

Since September 2009, Israel has intensified a repression campaign against Palestinian human rights defenders, activists and demonstrators protesting against the Annexation Wall. As part of their repression campaign, which coincided with the release of the Goldstone Report, the Israeli forces have re-launched daily dawn raids in villages affected by the Wall, arresting youths and children, for the purpose of extracting confessions about prominent community leaders advocating against the Wall, and continued to intimidate activists by destroying their private property and threatening them with detention. Finally, Israel has directly targeted the Grassroots “Stop the Wall” Campaign by arresting and intimidating its leaders.

With the recent arrests of Jamal Juma’, a prominent Palestinian human rights defender and coordinator of the “Stop the Wall” Campaign, Abdallah Abu Rahma, the Head of the Popular Committee against the Wall and Settlements in Bil’in and the administrative detention of Mohammad Othman, a youth coordinator with “Stop the Wall”, it became increasingly clear that Israel is seeking to hinder human rights defenders from carrying out their peaceful work, exercised within the framework of international humanitarian and human rights law.

Additionally, in the villages of Bil’in, Ni’ilin, Beit Duqqu, Jayyous and Al-Ma’sara, Israeli soldiers have been reported to throw stones at activists’ houses, storm their homes in the middle of the night, fire tear gas at them and destroy their personal belongings. Seemingly, these measures are implemented to deter Palestinian activists from attending weekly demonstrations against the Annexation Wall. The Israeli authorities have also summoned for interrogation a number of youth activists engaged in organizing peaceful demonstrations and solidarity events involving international supporters. Similarly, they launched an intimidation campaign against witnesses of human rights violations. On 17 December, for example, the Israeli soldiers raided the family house of eighteen-year old Salam Kanaan in Ni’lin, who became famous after she filmed an Israeli soldier shooting blindfolded and handcuffed Ashraf Abu Rahma in the foot and released it through the Israeli NGO’s, B’Tselem’s “Shooting Back” project. The soldiers came looking for the tape and when they did not find it, they left a notice, in which they summoned Salam’s family members for interrogation. In Al-Ma’sara, members of the Popular Committee Against the Wall, including Mohammad Birjiyah, Hassan Birjiyah and Mahmoud Zawahreh, who were arrested in May 2009 for their participation in demonstrations and subsequently released on bail, now face not only restrictions on their community work, but are also subject to constant delays and humiliation at Israeli checkpoints in the West Bank.

It is common Israeli practice to interrogate and detain Palestinians without charge and prevent lawyers from visiting their clients. Arbitrary detention violates the rights of human rights defenders and Israel must stop these illegal practices. Israel’s history of subjecting detained Palestinians to torture, inhumane and cruel treatment must also be noted. As Palestinian human rights organizations we demand that such practices are not used against any detained Palestinian, including Jamal Juma’, Mohammad Othman and Abdallah Abu Rahma. Importantly, the arrest of Jamal Juma’, Mohammad Othman and Abdallah Abu Rahma constitutes a violation of various international human rights instruments, in particular the International Covenant on Civil and Political Rights and the UN Declaration on Human Rights Defenders. The Declaration provides for the right of everyone to meet or assemble peacefully, which includes the right to form, join and communicate with non-governmental organizations, associations or groups. The Declaration further emphasizes the right of an individual to the lawful exercise of his or her profession, to participate in peaceful activities against violations of human rights and to solicit, receive and utilize resources for the purpose of protecting human rights. Additionally, the Declaration declares that people have the right to express concern about the policies and actions of individual officials and governmental bodies with regard to violations of human rights.

Although not legally binding, the UN Declaration on Human Rights Defenders served as a basis for the drafting of the EU and Norwegian Guidelines on Human Rights Defenders, which follow the Declaration in recognizing everyone’s right to promote and strive for the protections and realization of human rights, both individually and collectively. protection of human rights defenders has thus been recognized not only a moral obligation, but also as a social, individual and collective right and responsibility and became an important element of the European Union’s human rights external policy.

As Palestinian human rights organizations, we call upon the international community, including diplomatic missions in the occupied Palestinian territory and the International Committee of the Red Cross (ICRC) to intervene with Israel for:

• the immediate release of Jamal Juma’, Mohammad Othman and Abdallah Abu Rahma, and all other local activists;
• an end to the Israeli practice of arbitrary detention;
• full adherence to the ICCPR as applied to the Palestinian population in the OPT; and
• full respect of the UN Declaration on Human Rights Defenders.

In addition, we call upon members of the European Union and Norway to fully comply with the EU Guidelines on Human Rights Defenders and the Norwegian Guidelines on Human Rights Defenders; develop and adopt an effective strategy aiming to provide protection to Palestinian human rights defenders working in the OPT and Israel, by:

• Regularly attending trials of Palestinian Human Rights Defenders (HRD) who are held in detention. Exert pressure on the Israeli Military Court of Administrative Detainees to attend closed hearings of HRD held in administrative detention. Additionally, establish rotation routines for trial observation on behalf of the local Presidency.
• Regularly visit HRD in custody prior to trial.
• Ensure a permanent and institutionalized presence of EU monitors in areas where human rights are violated on a regular basis to prevent the arbitrary arrest of Palestinian HRD. These areas include:
villages affected by the Annexation Wall; parts of East Jerusalem, where houses are at risk of demolition and families are at risk of eviction; and, Palestinian villages located near settlements. Additionally, ensure EU presence at all house demolitions or evictions in East Jerusalem.
• Issue public statements condemning the arbitrary arrest and detention of HRD.
• Raise specific cases of HRD in detention with the Israeli authorities under the EU-Israel political dialogue.

BACKGROUND ON THE ARREST OF “STOP THE WALL” ACTIVISTS

1. Mohammad Othman, who is a youth coordinator with the “Stop the Wall Campaign”, was arrested by the Israeli soldiers on 22 September 2009 at the Allenby Border Crossing as he returned home to the West Bank from an advocacy tour in Norway where he attended several advocacy meetings and spoke about the Wall, and its associated unlawful regime. Since then, he has been held for 61 days in interrogation, and barred from access to his attorney for two weeks. After his two months of interrogation proved nothing, no external evidence was brought to the attention of the court and the military prosecution was unable to formulate substantiated allegations or charges against him, he was placed under administrative detention a day after the Military Court of Appeals decided to release him on bail. On 22 December, Mohammad’s administrative detention order was renewed for another month, ending on 22 January 2010.

2. On 15 December 2009, Jamal Juma’, a prominent Palestinian human rights defender, coordinator of the “Stop the Wall” campaign and a founding member of several Palestinian civil society networks and non-governmental organizations, was summoned for interrogation by the Israeli Police. He was asked to go to the Qalandia checkpoint, where he was subsequently handcuffed and taken to his home. His home was searched for two hours in the presence of his wife and three young children where his cell phone and computer were confiscated. Jamal was then brought to Moskobiyyeh Interrogation Center in West Jerusalem, where he was subjected to interrogation. Two subsequent court hearings, on 21 December and 24 December extended Jamal’s detention period for the purpose of interrogation based on “secret information” that was made available to the military judge by representatives from the Israeli Security Agency (ISA). The content of the “secret information” was not however disclosed to Jamal’s attorney. Although a resident of occupied East Jerusalem, Jamal is currently being interrogated under the Israeli military orders, with no access to the outside world, and until 27 December, without any access to his attorney due to a court’s decision to implement a ban on lawyers’ visits. Practice shows that the military court always allows the interrogation of East Jerusalemites under the military orders in order to extend the interrogation period to the maximum, allow the outmost flexibility for Israeli Security Agency (ISA) officers in their conduct of the interrogation and reduce legal safeguards to the minimum. Prior to his arrest, Jamal has been actively campaigning for the protection of Palestinian human rights defenders and activists protesting against the Annexation Wall, including his colleague, Mohammad Othman.

3. On 10 December 2009, the Israeli forces arrested Abdallah Abu Rahma, a high school teacher and the Head of the Popular Committee against the Wall and Settlements, in the village of Bil’in, where the Israeli authorities have annexed close to 55 percent of the village’s land for the construction of the Wall and the expansion of Israeli settlements. Abdallah is currently tried on three charges, namely incitement, stone throwing and the possession of arms. It is clear from Abdallah’s indictment that he was arrested for his leading role in mobilizing a non-violent resistance movement against the Annexation Wall and its associated, unlawful regime. Among the accusations under the banner of “incitement”, the military prosecution listed Abdallah’s instrumental role in organizing and leading demonstrations against the Wall and distributing Palestinian flags to participants of the demonstrations, which sixteen years after the signing of the Oslo Accords is still considered a “security offence” under Israeli military regulations. In relation to the last charge, the Israeli army accuses Abdallah of collecting empty sound and gas grenades, as well as M16 bullets used by the soldiers to disperse the crowds at demonstrations and showing them as an exhibit in the village’s museum to raise awareness of Israeli practices against unarmed civilians. However, documenting human rights violations, collecting evidence, providing support and assistance to victims seeking remedies, combating cultures of impunity and mainstreaming human rights culture and information on an international and domestic level have been recognized by the United Nations Declaration on Human Rights Defenders as legitimate activities that need to be not only protected but also promoted. Further, the non-violent character of the demonstrations has been, amongst others, recognized by the Elders organization, including Archbishop Desmond Tutu, former president Jimmy Carter and former Irish President, Mary Robinson, who visited Bil’in and met with Abdallah Abu Rahma during their mission to the OPT in August 2009.

1 Year after Gaza Massacre: Over 500 Academics and Cultural Workers Call for Boycott

United States Campaign for an Academic and Cultural Boycott of Israel | Dissident Voice

27 December 2009

December 27, 2009 marks the one-year anniversary of the beginning of “Operation Cast Lead,” Israel’s 22-day assault on the captive population of Gaza, which killed 1400 people, one third of them children, and injured more than 5300. During this war on an impoverished, mostly refugee population, Israel targeted civilians, using internationally-proscribed white phosphorous bombs, deprived them of power, water and other essentials, and sought to destroy the infrastructure of Palestinian civil society, including hospitals, administrative buildings and UN facilities. It targeted with peculiar consistency educational institutions of all kinds: the Islamic University of Gaza, the Ministry of Education, the American International School, at least ten UNRWA schools, one of which was sheltering internally displaced Palestinian civilians with nowhere to flee, and tens of other schools and educational facilities.

While world leaders have tragically failed to come to Gaza’s help, civilians everywhere are rallying to show their solidarity with the Palestinian people, with anniversary vigils taking place this week in New York, Washington DC, Seattle, Portland, San Francisco, Boston, Los Angeles, and many more cities and towns in the US and world-wide.

The United States Campaign for an Academic and Cultural Boycott of Israel was formed in the immediate aftermath of Operation Cast Lead, bringing together educators of conscience who were unable to stand by and watch in silence Israel’s indiscriminate assault on the Gaza Strip and its educational institutions. Today, over 500 US-based academics, authors, artists, musicians, poets, and other arts professionals have endorsed our call. Our academic endorsers include post-colonial critics and transnational feminists Chandra Talpade Mohanty and Gayatri Chakravorty Spivak, Indigenous scholars J. Kēhaulani Kauanui and Andrea Smith, philosopher Judith Butler, Black studies scholars Cedric Robinson, Fred Moten, evolutionary biologist Robert Trivers, and intellectual historian Joseph Massad.

“Cultural workers” who have endorsed our call include well known author Barbara Ehrenreich, Electronic Intifada founder Ali Abunimah, poets Adrienne Rich and Lisa Suhair Majjaj, ISM co-founder and documentary film-maker Adam Shapiro, Jordan Flaherty of Left Turn Magazine, and Adrienne Maree Brown, of the Ruckus Society.

Among the 34 organizations supporting our mission are and the U.S. Campaign to End the Israeli Occupation, the Green Party, Code Pink, INCITE! Women of Color Against Violence, .Artists Against Apartheid, and Teachers Against the Occupation.

The Advisory Board of the United States Campaign for an Academic and Cultural Boycott of Israel (USACBI) has grown to include Archbishop Desmond Tutu, Hamid Dabashi, Lawrence Davidson, Bill Fletcher Jr., Glen Ford, Mark Gonzales, Marilyn Hacker, Edward Herman, Annemarie Jacir, J. Kehaulani Kauanui, Robin Kelley, Ilan Pappe, James Petras, Vijay Prashad, Andrenne Rich, Michel Shehadeh, and Lisa Taraki.

Israeli academics, listed among the organization’s International Endorsers, have also joined us, including Emmanuel Farjoun, Hebrew University; Rachel Giora, Tel Aviv University; Anat Matar, Tel Aviv University; Kobi Snitz, Technion; and Ilan Pappe now at Exeter.

The USACBI Mission Statement calls for a boycott of Israeli academic and cultural institutions in support of an appeal by the Palestinian Campaign for the Academic and Cultural Boycott of Israel. Individual Israelis are not targeted by the boycott.

Specifically, supporters are asked to:

(1) Refrain from participation in any form of academic and cultural cooperation, collaboration or joint projects with Israeli institutions that do not vocally oppose Israeli state policies against Palestine;

(2) Advocate a comprehensive boycott of Israeli institutions at the national and international levels, including suspension of all forms of funding and subsidies to these institutions;

(3) Promote divestment and disinvestment from Israel by international academic institutions;

(4) Work toward the condemnation of Israeli policies by pressing for resolutions to be adopted by academic, professional and cultural associations and organizations;

(5) Support Palestinian academic and cultural institutions directly without requiring them to partner with Israeli counterparts as an explicit or implicit condition for such support.

This boycott, modeled upon the global BDS movement that put an end to South African apartheid, is to continue until Israel meets its obligation to recognize the Palestinian people’s inalienable right to self-determination and fully complies with the precepts of international law by:

1. Ending its occupation and colonization of all Arab lands and dismantling the Wall;

2. Recognizing the fundamental rights of the Arab-Palestinian citizens of Israel to full equality; and

3. Respecting, protecting and promoting the rights of Palestinian refugees to return to their homes and properties as stipulated in UN resolution 194.

United States Campaign for an Academic and Cultural Boycott of Israel is a U.S. campaign focused specifically on a boycott of Israeli academic and cultural institutions, as delineated by PACBI (Palestinian Campaign for the Academic and Cultural Boycott of Israel). To find out more visit United States Campaign for an Academic and Cultural Boycott of Israel’s website.