
The persistence of Palestinian hunger strikes shocks me for two reasons: that these extreme expressions of moral freedom alert all who choose to expose their consciousness to such realities of the severely abusive arrest, detention, and interrogation procedures that many Palestinians living under Israeli occupation must endure; that the world’s media, foreign governments, the UN, the Arab League barely acknowledge such events, which if they occurred in other countries would generate outpourings of outrage and sympathy, and depending on the geopolitical calculus, hypocritical calls for the application of the ‘responsibility to protect’ norm.
I post below a joint press release by respected NGOs of Palestine and Israel that summarize the desperate medical condition of Akram Rikhawi, who has continued his hunger strike for more than 85 days, an extraordinary display of discipline and resolve, the exemplary Palestinian virtue of samud (steadfastness). Mr. Rikhawi, whose home is in Gaza, has been held in prison since 2004 after being convicted to a nine-year term by an Israeli military court. He has been denied mercy by the Israeli authorities despite a present political atmosphere in which the Palestinian resistance has not been posing violent challenges to Israeli security behind the green line, and his condition would in any event make political activism an impossibility.
As a result of the ‘Shalit Law,’ a vindictive violation of international humanitarian law that retaliates against Palestinian prisoners because of the capture of Gilad Shalit an Israeli soldier who was released a year ago, Rikhawi has been denied family visits since 2006 despite being the father of eight children plus the five young children of his recently deceased brother. Yasmine, daughter of his brother, summed up Akram Rikhawi’s tragic situation: “My uncle made a decision and we support him because we live life once; we either live it with dignity or we die fighting for it.” No human being should be forced to face such a dilemma, and those that do deserve our compassion and support. Jasmine describes Akram Rikhawi as the main source of financial and emotional support of the entire family, which was the center of his life. She describes him as an avid reader who was constantly challenging the family to engage in serious discussions, including issues arising from his intense opposition to the occupation.
He suffers from multiple life-threatening ailments, including serious asthma and diabetes, and has been targeted for abuse since initiating this hunger strike as the following report makes clear.
Putting all the pieces together, including the realization that many hunger strikes have been in process since Khader Adnan had recourse to a hunger strike on December 17, 2010 in protest against his arrest and confinement as a result of an administrative detention decree, we can reach some tentative conclusions:
–these brave acts of nonviolence have inspired Palestinians and some others, sustaining their dignity under the most difficult and inhumane of circumstances;
–Western countries and Western NGOs, claiming to be champions of humanitarian diplomacy, have spurned the moral and political challenges posed by these hunger strikes;
–despite such malign neglect, the hunger strikes have shined a bright light on the unlawfulness and cruelty of Israeli arrest and interrogation procedures and prison conditions that has increased awareness of this dimension of prolonged Israeli occupation of Palestine;
–with such an awareness comes responsibility, including acting on the request of Addammeer and Phsicians for Human Rights-Israel that letters demanding Akram Rikhawi’s release be sent to listed Israeli officials.
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Concern mounts for the life of Akram Rikhawi on his 85th day of hunger strike
An independent doctor from PHR-IL visited Akram Rikhawi yesterday and an Addameer lawyer visited him today, along with Samer Al-Barq and Hassan Safadi. Samer and Hassan are still denied access to independent doctors.
Joint Press Release, Addameer Prisoner Support and Human Rights Association and Physicians for Human Rights-Israel
Ramallah-Jaffa, 5 July 2012—Physicians for Human Rights-Israel (PHR-IL) and Addameer Prisoner Support and Human Rights Association are gravely concerned for the life of Akram Rikhawi, who is now on his 85th day of hunger strike. An independent doctor from PHR-IL visited Akram in Ramleh prison medical center yesterday, 4 July, which was made possible only after an appeal to the Israeli District Court, where the judge eventually ordered the Israeli Prison Service (IPS) to allow the entry of the independent doctor no later than 3 July.
Following the visit to Akram, the PHR-IL doctor reported the alarming deterioration of Akram’s asthma, which continues to be unstable. The doctor believes Akram has been given very high doses of steroids as treatment, which can cause severe long-term and irreversible damage. The doctor reiterated recommendation for immediate examination by a lung specialist, which was not performed as recommended after the last visit by an independent doctor on 6 June.
Akram also reported that he is experiencing severe dizziness, can no longer walk and is having difficulty standing. Even more troubling, Akram has not been given any assistance in these matters, leaving him vulnerable to the danger of falling, which could result in fatal injury due to his osteoperosis. The doctor further noted that Akram is experiencing tingling and numbness in his left thigh, which could indicate peripheral nerve damage, and recommended immediate examination in a public hospital, for fear of permanent neurological damage.
The IPS has continued to punish Akram for his hunger strike by confiscating his books and reading materials, isolating him from other prisoners and cancelling his daily break. He is also being held in a cell with no fan or air conditioning, despite the high humidity and how badly it affects his asthma.
Akram pointed out to the independent doctor and to Addameer lawyer Mona Neddaf in her visit today that he was recently hospitalized at Assaf Harofeh Hospital, but was shackled at all times to the hospital bed and felt his needs were mostly ignored by the medical staff. He emphasized to Ms. Neddaf his desire to have unrestricted access to the independent doctors from PHR-IL.
Ms. Neddaf also visited Samer Al-Barq, who is on his 45th day of renewed hunger strike in protest against the extension of his administrative detention. Ms. Neddaf noted that he seems significantly weaker than during her last visit on 25 June. He is consuming only water with glucose.
Samer’s family has reported that he suffers from kidney problems and high blood pressure and has lost more than 25% of his original weight. On 21 June, PHR-IL submitted a request to allow access for independent physicians. On 25 June the IPS denied this request without providing any reasons.
Hassan Safadi is on his 15th day of renewed hunger strike, after previously spending 71 days on prolonged hunger strike. His last administrative detention order was due to expire on 29 June and, according to the agreement ending Palestinian prisoners’ mass hunger strike, he was supposed to be released on that date. However, his lawyer was informed on 21 June of the renewal of his administrative detention order for a further six months, in violation of the agreement.
According to Ms. Neddaf after her visit with him today, Hassan’s lawyer submitted a request to the military judge that he review the agreement and consider his immediate release. The judge responded that he would give a decision on this matter in two weeks. Hassan stressed that he will not break his hunger strike until he is released to his home in Nablus.
Hassan was transferred to Ramleh prison medical center last week and is currently being held in an isolated cell. He is drinking water with salt and taking vitamins due to a low potassium level in his blood. He has lost approximately 8 kilos in weight since the beginning of his renewed strike. PHR-IL submitted a request to allow access for an independent doctor on 26 June and have not yet received a response from the IPS.
In light of the deterioration of the conditions of the remaining Palestinian prisoners on hunger strike, PHR-IL and Addameer urge the international community to immediately intervene on their behalf and demand:
- unrestricted access for independent physicians to all hunger strikers;
- the immediate transfer of Akram Rikhawi and Samer Al-Barq to a public hospital, and the transfer of all prisoners on hunger strike for more than 40 days to public hospitals;
- that no hunger striker be shackled while hospitalized;
- that all hunger strikers—especially those in advanced stages of hunger strike—be allowed family visits, while they are still lucid;
- that all information be given to families as to the medical condition of their loved ones, which is the responsibility of hospitals and medical staff in accordance with standards of medical ethics;
- that Akram Rikhawi be granted release on humanitarian grounds;
- that Hassan Safadi and Samer Al-Barq, along with all other administrative detainees, be immediately and unconditionally released.
*Write to the Israeli government, military and legal authorities and demand that Akram Rikhawi be released immediately and receive adequate medical care.
- Brigadier General Danny Efroni
Military Judge Advocate General
6 David Elazar Street
Harkiya, Tel Aviv
Israel
Fax: +972 3 608 0366; +972 3 569 4526
Email: arbel@mail.idf.il; avimn@idf.gov.il
- Maj. Gen. Nitzan Alon
OC Central Command Nehemia Base, Central Command
Neveh Yaacov, Jerusalam
Fax: +972 2 530 5741
- Deputy Prime Minister and Minister of Defense Ehud Barak
Ministry of Defense
37 Kaplan Street, Hakirya
Tel Aviv 61909, Israel
Fax: +972 3 691 6940 / 696 2757
- Col. Eli Bar On
Legal Advisor of Judea and Samaria PO Box 5
Beth El 90631
Fax: +972 2 9977326
*Write to your own elected representatives urging them to pressure Israel to release Akram Rikhawi.
Tags: Akram, Akram Rikhawi, Human rights, Hunger strike, Israel, Israel Prison Service, Palestinian people, Physicians for Human Rights-Israel
What Dani Dayan Says and Why It Is Interesting
27 Jul[Note: I have revised the first paragraph of this post to take some note of comments addressed to the original version, and in light of my own further thoughts]
Dani Dayan’s article, “Israel’s Settlers Are Here to Stay,” was published by the NY Times on July 26, 2012. Dayan is the chairman of the Yesha Council of Jewish Communities, and has been long known as a leading spokesperson of the settler movement. An obvious response to such a settler screed might be to dismiss it out of hand as an extremist expression of Israeli views, which it certainly is, but it would seem a mistake to do this before taking some account of its content and timing. The moral and legal premises that underlie Dayan’s insistence that the settlers will never leave the West Bank are without substance, but the political arguments he puts forward are so strong as to be virtually irrefutable. It may also be worthwhile to speculate as to why Dayan decided to drop this bombshell into the midst of the American electoral maelstrom as a kind of trial baloon at this time and why the NY Times, so normally careful about such matters, opened up its opinion page to views so at odd with mainstream thinking that has prevailed for decades about how to resolve the conflict. How Netanyahu stands on these issues is a bit of a mystery. Although he has backed the creation of a Palestinian state in recent years, he has also generally supported the settler movement and has not yet repudiated the recent Levy Report that reached conclusions that I would imagine that Dayan welcomes.
Dayan’s first premise contends that the settler movement is entitled to the territory obtained in 1967 because it was the Palestinians who at the time were threatening Israel with the prospect of annihilation and it was Israel that acted in self-defense whereby it came into the possession of the West Bank and the whole of Jerusalem. This is a position lacking traction among almost all international law specialists, increasingly contested by diplomatic historians as to the actual sequence of events in 1967, and politically rejected shortly after the fact by the entire international community, including the United States. This rejection was expressed in the authoritative and unanimous UN Security Council Resolution 242 passed in 1967 calling for an Israeli withdrawal from the territories that had been occupied in the Six Day War. No Israeli leader, including even the rejectionist Netanyahu, has openly challenged this line of interpretation, although the settler movement from its origins has fed off Israeli ambivalence as to whether a peace agreement was really in Israel’s interest if it meant the substantial return of the territories occupied in 1967. The Israeli de facto compromise was to endorse the two state consensus by incremental stages, but simultaneously to engage in a concerted variety of actions that made its implementation increasingly implausible from the perspective of practical politics.
It is astonishing that most governments in the world and the highest officials at the UN have chosen to disregard this implausibility up to this very moment. What Dayan is in effect telling the world is that the realities of the situation make it hypocritical and useless to keep pretending that a negotiated peace between the parties is, or ever was, a political option. In his opinion, there are now too many settlers with no intention to leave ever, and most not apparently not susceptible to bribes having forgone profitable opportunities to sell their settlement property in the past. Dayan tellingly points out that it was nearly impossible for the pro-settler Sharon government to get 8,000 settlers to leave Gaza in 2005, making the idea of removing the 350,000 settlers now living in the West Bank (expected to rise to 400,000 by 2014), 160,000 of whom are outside the settlement blocs, a misguided pipedream, or in Dayan’s words, “exponentially more difficult” and hence their presence “in all of Judea and Samaria..is an irreversible fact.” Can any responsible person doubt the force of Dayan’s reasoning on this central issue?
Dayan develops his argument by invoking a combination of “inalienable rights” and a “realpolitik” favorable to settler claims . I find Dayan convincing from a realpolitik perspective, given the realities of the current balance of forces in Israel/Palestine, in the region, and in the world, although this could prove to be short lived. In contrast, Dayan is totally self-serving and one-sided when he also claims that inalienable rights support his conception of Greater israel. Such a claim overlooks the relevance of the generally accepted reading of Article 49(6) of Geneva Convention IV that prohibits an occupying power from transferring its population to an occupied territory or altering the character of an occupied society. Dayan’s views also seem blind to the immorality of displacing the Palestinian people who have lived on these lands for centuries even if one grants the underlying Zionist claim to a homeland in historic Palestine. The fact that the Palestinian leaders and the neighboring Arab governments rejected the UN endorsed partition plan back in 1948 does not mean that the Palestinian people implicitly waived or lost their right to self-determination, which is genuinely inalienable. And it certainly doesn’t mean that Palestinians can be doomed to live indefinitely under apartheid conditions as a rightless, subjugated minority (that might soon be a majority), remembering that apartheid is enumerated as one instance of crimes against humanity in the statute of the International Criminal Court. There are, to be sure, inalienable rights, but they belong to the Palestinians, and certainly not to the settlers.
Dayan refers to the West Bank throughout as “Judea and Samaria,” their biblical names in Jewish tradition, apparently as a way of signaling his defiance of world public opinion as to the status of the territories. Again we can at least welcome this brazen expression of honesty, not hiding behind evasions and linguistic ambiguities as Israeli diplomats have tended to do over the years when it comes to acknowledging the significance of continuously expanding the settlements, creating a network of expensive settler roads, and building the separation wall while still affirming their readiness to negotiate the formation of an independent Palestinian state. Dayan minces no words, insisting that a Palestinian state between Jordan and Israel would always have been an unsustainable security disaster for Israel. Such a Palestinian state would quickly fall under the control of Hamas as it became a place of refuge for hundred of thousands of embittered Palestinians who have been living in refugee camps for almost 65 years. According to Dayan, such a Palestinian state would be a crucible of anti-Israeli extremism that would inevitably prompt Israeli military reoccupation. This makes some sense once more from an Israeli realpolitik viewpoint, but its implications for the Palestinians is so manifestly unacceptable as to make its a declaration of total and permanent war against Palestinian hopes, aspirations, and rights. Maybe for this reason such a logic as espoused by Dayan has rarely been articulated outside of Israel.
To be fair, Dayan does not entirely brush aside considerations bearing on Palestinian wellbeing. To his credit, he does not even discuss, much less support, ethnic cleansing, to ensure the maintenance of Jewish identity in a democratic polity. Dayan seems content to endure an eventual Palestinian majority population so long as the Israelis are in control, that is, Israeli domination is apparently sufficient for security, and this outweighs the search for democratic legitimacy. Without raising the question of Palestinian rights, Dayan claims that the Palestinian Authority is not dissatisfied with the status quo, and that Palestinian economic development is proceeding in areas under their control, especially in and around Ramallah. Furthermore, if Palestinians would only give up their futile resistance, Dayan says that most checkpoints could be removed. His ‘solution’ for the refugee problem is to improve the conditions in the camps, which he acknowledges as wretched. To think that this is morally, legally, or politically adequate is to understand how far from accepted ideas of justice Dayan strays while seeking to convince readers that not only is the occupation over but that all can be made to be okay even for the Palestinians.
Why should not this assault of human dignity be merely refuted and cast aside as confirmation of just how extremist and bold the settler movement has become? There are several reasons for a more reflective response. Most importantly, Dayan’s analysis demolishes the existing unquestioned diplomatic framework that has locked Palestinian dreams into an endless nightmare of oppression and futility. By doing this, he opens the way to a necessary dialogue as to what kind of solution can be plausibly put in place of the two-state consensus? Less significantly, he lends credibility to arguments from critics, such as myself, of the peace process as foisting a cruel deception on the Palestinians and public opinion, while the settlement time bomb is allowed keep on ticking without being defused.
Also, perhaps, whether deliberately or not, the NY Times by highlighting Dayan’s views so outrageously at odds with its consistent editorial position over the years, has decided belatedly to acknowledge that a new set of realities pertains to the Israel/Palestine conflict. Maybe this august newspaper that never strays too far from the Pentagon/State Department line on Middle East foreign policy received a midnight signal from Washington that it was time to start a new debate on how to depict the conflict or even to begin the difficult task of envisioning the shape and auspices of a new peace process. Of course, to dump such a smoke bomb into the midst of an already confusing presidential electoral campaign seems so strange as to make one wonder whether the NY Times opinion gatekeepers, normally so vigilant, may have on this occasion been caught sleeping, allowing Dayan’s radical dissent from the liberal conventional wisdom of the newspaper to slip by unnoticed.
Tags: Dani Dayan, Dayan, Israel, Israeli settlement, Palestine, Palestinian people, United States, West Bank