Tag: Palestinian Centre for Human Rights

PCHR highlights key issues relating to report of UN fact-finding mission on Gaza conflict (the ‘Goldstone Report’)

4 April 2011 | Palestinian Centre for Human Rights

In light of the media debate and confusion triggered by Justice Richard Goldstone’s 1 April opinion piece in the Washington Post, the Palestinian Centre for Human Rights (PCHR) wishes to highlight a few key issues regarding the current status of the UN Fact-Finding Mission’s Report, and the search for accountability in the aftermath of Israel’s 27 December 2008 – 18 January 2009 offensive on the Gaza Strip.

PCHR represent 1,046 victims of the offensive, and have submitted 490 criminal complaints to the Israeli authorities on behalf of these individuals.

As noted by Justice Goldstone, the UN Fact-Finding Mission was not a judicial body. Rather, it was a fact-finding mission mandated to conduct initial investigations on the ground, and to make recommendations on this basis. The Mission found sufficient evidence to indicate the widespread commission of war crimes, and possible crimes against humanity. This finding was consistent with the result of investigations conducted by other organisations, including PCHR, Amnesty International, Human Rights Watch, the UN Board of Inquiry, and the Fact-Finding Mission of the Arab League.

Appropriately, and consistent with the requirements of international law, the Fact-Finding Mission recommended that these allegations be investigated. The Mission noted that if domestic authorities failed to conduct effective investigations, the International Criminal Court became the most appropriate forum to investigate these serious charges. Responsibility would thus fall on the Security Council to activate the jurisdiction of the International Criminal Court, in accordance with Article 13(b) of the Court’s statute. According to the timeline established by the Mission, this referral should have taken place approximately one year ago. The Security Council took such action most recently with respect to the current situation in Libya.

The most serious allegations regarding Israel’s conduct of hostilities during the offensive relate to the direct targeting of civilians, widespread indiscriminate attacks, the choice of targets and methods of combat, and the extensive destruction of public and private infrastructure, including the total or partial (rendered uninhabitable) destruction of 7,872 civilian housing units. A few significant cases in this regard include the attack on UNRWA headquarters, the attack on Fakhoura school, the Abdul Dayem case, the Al-Daia case, the Abu Halima case, and the attack on Arafat Police compound. Policies including those related the conduct of hostilities, the choice of targets, the use of white phosphorous, and the artillery bombardment of civilian areas may also give rise to individual criminal responsibility. None of these cases have been effectively addressed, and have not been ‘reconsidered’ by Justice Goldstone.

International law clearly requires that allegations of international crimes, as detailed in the Fact-Finding Mission’s Report and elsewhere, must be subject to genuine investigation, and if appropriate, those responsible prosecuted.

International jurisprudence has consistently identified four components essential to conducting a genuine investigation.[1] An investigation must be: effective (capable of leading “to the identification and punishment of those responsible”[2], and “undertaken in a serious manner and not as a mere formality preordained to be ineffective”[3]); independent (based on, inter alia, “the existence of guarantees against outside pressures”,[4] specifically “the persons responsible for the injuries and those conducting the investigations should be independent of anyone implicated in the events”[5]); prompt;[6] and involve an element of public scrutiny.[7] Significantly, the whole operation must also be analysed, and not merely the immediate specifics of any one incident; the overall plan and its implementation must be analysed.[8]

In the over two years that have passed since the offensive, all parties have failed to conduct investigations complying with these standards. Most recently, the UN Committee of Independent Experts mandated to monitor Israel and the Palestinians’ domestic investigations found that “there is no indication that Israel has opened investigations into those who designed, planned, ordered and oversaw ‘Operation Cast Lead’.” The Committee also noted significant problems with respect to the role of the Military Advocate General.

The overwhelming majority of investigative procedures initiated by Israel have been closed on reaching the IDF’s apparently preordained conclusion that: “[t]hroughout the fighting in Gaza, the IDF operated in accordance with international law.”

In the over two years since Operation Cast Lead one Israeli soldier has served 7.5 months in jail for the theft of a credit card and two others received three month suspended sentences for using a child as a human shield. These three convictions, and the ongoing trial of a fourth soldier, have been the only concrete judicial outcomes from Israeli investigations. It is noted that these indictments fail to reflect the gravity of the actual crimes committed, as does the exceptionally lenient sentence in the human shields case.

PCHR have concluded that the Israeli investigative system as a whole, including as this relates to civilian supervision, is flawed, either in law, in practice, or both.

In light of the domestic systems now proven inability and unwillingness to conduct genuine investigations, it is imperative and appropriate that these allegations be investigated by the International Criminal Court. On 25 March 2011, the Human Rights Council made precisely this recommendation, recommending that the General Assembly submit the UN Fact-Finding Mission’s Report to the Security Council, to consider referring the situation in the occupied Palestinian territory to the International Criminal Court

The current debate must focus on the relevant core issues. Significant evidence indicates that widespread war crimes were committed in the context of Operation Cast Lead. These have not been subject to genuine judicial scrutiny. This situation must be remedied by a referral to the International Criminal Court.

All political considerations must be put aside, and the rule of international law upheld. There is no basis to retract or reconsider the Report of the UN Fact-Finding Mission on the Gaza Conflict. The equal application of the law is the very least that victims on all sides deserve. Justice Goldstone will hopefully join the call of the Human Rights Council, supported by human rights NGOs globally, in asking the Security Council to refer the situation in Israel and the Occupied Palestinian Territory to the International Criminal Court.

All parties to the events in the region must be held to universal standards so that the law proves capable of protecting civilians from future atrocities, and so that those victims of past crimes can finally achieve accountability and justice.

PCHR Condemns Continued Detention of Islamic Jihad Leader in Violation of Law

5 October 2010
http://www.pchrgaza.org

The Palestinian Centre for Human Rights (PCHR) condemns the continued illegal detention of Khader ‘Adnan Mousa, 32, a leader of Islamic Jihad, from ‘Arraba village southwest of Jenin, by the General Intelligence Service (GIS). PCHR is concerned over Mousa’s health condition, who had been in a hunger strike since the beginning of his detention on 29 September 2010. PCHR further reiterates its call for the Palestinian National Authority (PNA) and its security services to stop arbitrary detentions, and to release all political detainees as a step towards putting an end to the issue of political detentions.

According to investigations conducted by PCHR and the testimony of Mousa’s wife, Randa Mousa, at approximately 09:45 on Wednesday, 29 September 2010, a GIS force raided al-Qana’a Bakery opposite to the market of vegetables in Qabatya village, southeast of Jenin, and arrested its owner, Khader Mousa. On Saturday, 02 October 2010, Mousa’s wife received a phone call from him, in which he informed her that he was presented to the Military Prosecution, and asked her to inform his lawyer to visit him. The wife stated, according to her husband’s lawyer, that the Military Prosecution accused him of joining illegal militias, and that he had been in a hunger strike since the first moment he was arrested. According to the wife, her husband was subjected to shabeh,[1] and his eyeglasses were confiscated.

PCHR repeats its condemnation of Mousa’s detention, and:

1. Reminds of the Palestinian Supreme Court of the Justice ruling on 20 February 1999, which considers political detention illegal and demands all executive bodies to respect the Court ruling and refrain from practicing political detention;

2. Emphasizes that detention is governed by the Palestinian law and falls within the competence of judicial warranty officers, represented by the police, under direct supervision of the Attorney-General; and

3. Calls for the immediate release of all political detainees who are held by Palestinian security services in the West Bank.

For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 – 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org

[1] Shabeh is the combination of methods, used for prolonged periods, entailing sensory isolation, sleep deprivation, and infliction of pain.

Israeli occupation authorities deny Gaza Christians permission to travel to Bethlehem at Christmas

Palestinian Centre for Human Rights

27 December 2009

Israeli occupation forces prevented young Christians from the Gaza Strip from travelling to the West Bank to celebrate Christmas and the New Year. This restrictions were imposed in the context of Israel’s illegal closure of the Gaza Strip, which has now been in place for 928 consecutive days. The Palestinian Center for Human Rights (PCHR) condemns this form of collective punishment, and calls upon the international community to exert pressure on Israeli occupation authorities to cancel their decision and immediately allow all Christians to move freely, to grant access to the Church of the Nativity and Church of the Resurrection, and to respect the right to freedom of religion.

According to Palestinian sources, Israeli occupation authorities prevented Christians from the Gaza Strip aged 16-35 from traveling from the Gaza Strip to the West Bank to participate in the celebration of Christmas and the New Year in Bethlehem and Jerusalem. They refused to consider any application for permits for those aged between 16 and 35 from both sexes for no apparent reason. This policy contradicts Israeli claims that it allowed all Gazan Christians to participate in the celebrations of Christmas in the West Bank.

According to investigations conducted by PCHR, at least 550 Christians applied for permits to travel to the West Bank, and Israeli occupation authorities refused to accept applications from 450 others aged 16-35. Israeli occupation forces allowed only 450 applicants, 70% of whom were children, to travel to the West Bank. PCHR note that most rejected applications were of parents, which in effect deprived children who obtained permits of traveling as their parents were not able to accompany them.

Such measures have been in place for the last number of years. Last year, the Palestinian Civil Affairs Commission submitted at least 1,000 applications to obtain permits for Christians to travel from the Gaza Strip to the West Bank, but Israeli occupation authorities approved only 271, mostly of children and the eldery. Those who were allowed to travel were subjected to humiliating prolonged checking at Beit Hanoun (Erez) crossing before being allowed to pass through the crossing.

PCHR is deeply concerned over the policy of collective punishment adopted by Israeli occupation authorities, which constitutes a serious violation of international human rights and humanitarian law, particularly the Fourth Geneva Convention of 1949. PCHR calls upon the international community to immediately act to allow Palestinian civilians to enjoy their rights to freedom of movement and worship. PCHR stresses that everyone has the right to freedom of faith and religion, including the right to conduct religious rituals, and the right to freedom of movement and/or having access to sacred religious sites, which are fundamental rights that must be respected, protected and upheld.

Extensive Israeli campaign against Palestinian civil construction activities in Area C

Palestinian Centre for Human Rights

19 November 2009

New demolition orders issued against 60 Palestinian houses, apartments and other civilian facilities in the West Bank

Israeli Occupation Forces have escalated their systematic campaign against Palestinian civilian construction activities in areas under their full control according to the Oslo Accords signed by the government of Israel and the Palestine Liberation Organization (PLO) in 1993. Areas classified as Areas C in the West Bank are currently subjected to extensive Israeli campaigns aimed at undermining the Palestinian presence. Israel is also expanding construction activities in settlements and the annexation of new areas of Palestinian lands in Area C, including occupied East Jerusalem and its surroundings. The Palestinian Centre for Human Rights (PCHR) strongly condemns all these measures taken by Israel and stresses the legal status of the Occupied Palestinian Territory (OPT). PCHR calls upon the international community to urgently and promptly take serious action to compel the government of Israel, the occupying power, to put an end to all illegal measures. The international community’s inaction with respect to the impunity granted to Israel encourages Israel to commit further violations of International Human Rights Law and International Humanitarian Law.

According to investigations conducted by PCHR, the Organization and Construction Department of the Israeli Civil Administration issued 35 orders to demolish or stop construction works in houses and other civilian facilities in Areas C. In addition, the Israeli Municipality of Jerusalem issued an order to demolish an apartment building of 25 flats in occupied East Jerusalem. Approximately 275 individuals, including 180 children, live in these houses and apartments. According to Palestinian sources, since the beginning of 2009, Israel has issued approximately 2,300 demolition orders.

Recently, Israel issued orders to demolish or stop construction works in Palestinian houses or civilian establishment as follows:

* On 8 November 2009, the Israeli Municipality of Jerusalem issued a decision to bulldoze an apartment building belonging to Sharhabil ‘Alqam in Tal al-Foul quarter in Beit Hanina village, north of Jerusalem. ‘Alqam began construction works in his apartment building in 2002 on an area of 500 m2. The 7-storey building is composed of 25 residential apartments and was sold to Palestinian families comprising more than 150 members.
* On 12 October 2009, Israeli forces delivered notices to stop construction works in 12 houses and in a bird farm in al-Salahat area in Roujib village, east of Nablus. Five of the threatened houses are resided by 33 individuals, including 22 children.
* Also on 12 November 2009, Israeli forces delivered notices to 11 Palestinian civilians to demolish or stop construction works in houses and establishments in Um al-Kheir area to southeast of Yatta village, south of Hebron. The notices threaten 17 establishments, including residential houses where 57 individuals, including 39 children, live. The majority of the owners of the threatened establishments are members of the Bedouin al-Hathalin tribe. The owners of these establishments stated that notices were delivered to demolish or stop construction works in establishments that are between 50 and 300 meters to the north of the fence of “Karme’el” settlement.
* On 18 November 2009, Israeli forces delivered notices to demolish five houses in ‘Azzoun village, east of Qalqilia. The houses, home to 35 individuals, including 20 children, are located in the east of ‘Azzoun village where the Israeli settlement of “Ma’ale Shamron” is being established.
* Israeli forces also delivered a notice to al-Bireh Municipality to stop construction works in al-Bira Municipality’s International Stadium under the pretext of the lack of a building license. Sources from al-Bira Municipality stated that the Israeli Civil Administration in “Beit Eil” settlement delivered a notice to the contractor to stop construction works in the Stadium under the pretext of lacking a building license saying the project is in Area C.

In light of the above, PCHR reiterates that:

First: according to International Humanitarian Law and numerous UN Resolutions, the Palestinian West Bank, including east Jerusalem, and the Gaza Strip are classified as occupied territory.

Second: the natural growth of the Palestinian families requires that these families implement construction activities in order to meet their growing living needs. Because of the complications of getting building licenses, Palestinians are forced to carry out construction works above their houses to meet their residential needs.

Third: Settlement activities in OPT are illegal and constitute a war crime. Israeli forces apply an apartheid system regarding construction works in Palestinian villages on one hand and in Israeli settlements on the other.

PCHR strongly condemns Israel’s recent measures and all settlement activities and plans in the occupied West Bank, including occupied East Jerusalem, and calls upon:

1. The High Contracting Parties to the Fourth Geneva Convention to fulfill their legal and moral obligations under Article 1 of the Convention to ensure Israel’s respect for the Convention in the OPT. PCHR believes that the conspiracy of silence practiced by the international community has encouraged Israel to act as if it is above the law and to continue to violate international human rights and humanitarian law, including continued measures to create a Jewish majority in occupied East Jerusalem.
2. The international community to take urgent and prompt action in order to compel the government of Israel to put an end to all settlement activities in the OPT, especially in occupied East Jerusalem, and to dismantle Israeli settlements, which constitute a war crime under International Humanitarian Law.
3. The European Union/ EU member States to activate Article 2 of the Euro-Israel Association Agreement, which provides that Israel must respect human rights as a precondition for economic cooperation between the EU States and Israel. PCHR further calls upon the EU States to prohibit importation of goods produced in illegal Israeli settlements in the OPT.

PCHR report on the gender-specific impact and consequences of Operation Cast Lead

Palestinian Centre for Human Rights (PCHR)

28 September 2009

In conjunction with the presentation of the UN Fact Finding Mission’s report to the Human Rights Council on 29 September, the Palestinian Centre for Human Rights (PCHR) release “Through Women’s Eyes: A PCHR Report on the Gender-Specific Impact and Consequences of Operation Cast Lead”.

The Israeli offensive claimed the lives of 118 women, and injured at least 825 more. However, although the numbers of victims and casualties illustrate the appalling human toll of this conflict, the true extent of the suffering lies in the day-to-day reality of life in the Gaza Strip following Operation Cast Lead, as civilians struggle to rebuild their lives, come to terms with their loss, and restore some semblance of human dignity

PCHR has released ‘Through Women’s Eyes’ in order to highlight the gender-specific impact of Operation Cast Lead and the illegal Israeli closure. As a result of the patriarchal nature of Palestinian society, women in the Gaza Strip – victims of ‘peacetime’ discrimination – are particularly susceptible to the marginalization, poverty, and suffering brought about as a result of armed conflict and occupation. Israeli attacks result in often ignored gender-specific consequences. PCHR has chosen to allow these consequences, and the reality of life after the offensive, unfold through the victims words; although this report is necessarily grounded in international law, it is perhaps fitting that human rights, and human suffering, are expressed through human stories.

This report presents the cases of 12 women affected by Israeli attacks over the course of Operation Cast Lead. These examples are intended to demonstrate the extent of the suffering inflicted on the individual civilians of the Gaza Strip, and the continuing difficulties they face as a result of the devastation wrought by Israeli forces and the ongoing illegal closure.

‘Through Women’s Eyes’ highlights the difficulties women in the Gaza Strip face as they attempt to come to terms with their grief and their injuries; with the loss of their children, their husbands, their relatives, their homes, and their livelihoods. These narratives are illustrative, not only of the trials faced by women in the Gaza Strip, but of the resilience and strength they have demonstrated over 42 years of conflict and occupation.

‘Through Women’s Eyes’ is release as a continuation of PCHR’s work documenting human rights violations in the occupied Palestinian territory. With respect to Operation Cast Lead, in May PCHR released ‘War Crimes Against Children’ a report on the killing of 318 children, while earlier this month ‘Targeted Civilians’ PCHR’s comprehensive report on the offensive was released in Arabic; it will be available in English shortly.

The Report is available at:

http://www.pchrgaza.org/files/Reports/English/pdf_spec/through-women’s%20_eyes.pdf