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Viewing American Sniper

Viewing American Sniper

[American Sniper was released on Christmas Day, 2014. It is a movie version of Chris Kyle’s memoir, American Sniper: The Autobiography of the Most Lethal Sniper in U.S. Military History, with 255 kills, 160 officially confirmed by the Department of Defense. The movie set in Iraq is directed by Clint Eastwood, Bradley Cooper plays the part of Chris Kyle, and Sienna Miller is brilliantly cast in the role of his wife, Taya]

American Sniper is a fictionalized movie version of the war stories associated with Chris Kyle’s experience as a Navy SEAL in the Iraq War as recounted in his best-selling memoir. The film can be viewed from a variety of angles, including even as one more indictment of war as hell. A second line of interpretation focuses on the intense psychological tensions experienced by this single American soldier and his comrades caught up in the horrors of urban warfare in Iraq. A connected theme are the adverse impacts of Kyle’s war service on his family that is made to cope with the complex and contradictory traumas of his absence (confronting his potential death on a distant battlefield) and his alienated presence whenever he returns, a scarred individual who longs to go back to Iraq to resume his assigned role as ‘legendary sniper.’ Multiple scenes in the movie portray Kyle as haunted by his service. In his book, Kyle consistently treats his victims as “savage, despicable.” At one point he makes such statements as “I only wish I had killed more,” “I loved what I did. I still do. If circumstances were different – if my family didn’t need me – I’d be back in a heartbeat. I’m not lying or exaggerating to say it was fun. I had the time of my life being a SEAL.” The film avoids giving emphasis such to extreme statements, but it does portray this sniper as convinced he was cut out for the combat role given to him, and that he seems more alive and content when active in the killing fields of Iraq than when back home.

Kyle’s own violent death is also metaphorically significant—actual events disclosed by text in the film but not depicted, Kyle was killed by an American soldier wounded in Iraq whom he had helped at a nearby veterans’ hospital where he worked at the advice of a psychiatrist to overcome his own version of PTSD. Such an ending of his life conveys the irony that for Kyle the more dangerous battlefield turned out to be in the neighborhood of his family residence, his assailant not the evil ‘savages’ he mowed down in Iraq but a fellow American veteran who had experienced those very same encounters. Kyle had survived four tours of duty as a sniper in the midst of the most bloody military operations in Iraq, but these survival skills proved irrelevant to the minefields of innocence that now made the American countryside a dangerous war zone.

From box office success and right-wing praise, American Sniper, is obviously most commonly regarded as a celebration of Chris Kyle as war hero who deserves the thankful praise of the country. From this outlook, Kyle killed enemies of America at great risk and cost to himself, and spared the country a repetition of the 9/11 attacks. It is this self-serving and essentially distorted vindication of the Iraq War that the film presupposes, even to the extent of having Kyle watch on TV as the plane strikes the World Trade Center, with a quick scene shift in the movie to waging war against those presupposed to be the foot soldiers of Al Qaeda in Iraq. Embedded in this view was a double false narrative that the American mission in Iraq was to carry out a necessary counter-terrorism operation linked to the 9/11 attacks and that the Iraqis being killed in Falluja and elsewhere should be perceived as ‘terrorists’ rather than as fighters against an invasion and occupation of their country by a foreign power that disrespects their religion, culture, and sovereignty.

These narratives dominated my perception of the movie, although those associated with its production deny such lines of interpretation. Clint Eastwood (the director and producer) and Bradley Cooper (who plays Kyle in the film) have publicly questioned employing a political optic in commentary on the film. They insist, in contrast, that the movie was ‘a character study’ of Kyle and ‘apolitical’ in the sense of not taking a position pro or con the Iraq War. Eastwood has tried to lend credibility to his claim by pointing out that he opposed the Iraq War, and was even skeptical about Afghanistan. Yet whatever he privately feels this not how most viewers most viewers would experience the film, either being enthralled by Kyle’s exploits or appalled by them. Eastwood may have aspired to tell an apolitical story, but if so, he has failed badly.

The Iraq War was a war of aggression undertaken in 2003 despite the rejection of a well-orchestrated (and misleading) American plea to the UN Security Council for authorization. Against such a background, the attack on Iraq and subsequent occupation were widely regarded as international crimes bearing resemblance to the category of aggressive warfare for which German and Japanese leaders were punished for waging after World War II. In this light, the Iraqi violence associated with the hostile American occupation needs to be portrayed as a unilateral repudiation of the limits set by international law and the UN Charter on recourse to war by the world’s most powerful country. Additionally, American Sniper depicts the doomed efforts of an outgunned society to resist a militarily dominant foreign invader that is imposing its will on the country’s future by force of arms. Such a viewing is not meant to imply that we need to endorse some of the horrific Iraqi tactics relied upon, but it should remind us that presenting the Iraqis as ‘evil’ and as ‘savages’ functions in the film as an unchallenged display of Islamophobic propaganda, and cannot be credibly explained away as a realistic exploration of a war hero’s temperament and struggle for sanity and survival. American Sniper also presents Kyle’s story in such a way as to avoid any self-criticism directed at the American mission in Iraq.

The movie also lacks redeeming artistic merit. It is relentless and repetitive in portraying battle scenes of intensity intertwined with Kyle’s tormented relationship with his wife and efforts to become a father to their two children during his brief interludes of home leave between military assignments. We learn nothing about the realities of our world beyond a tired rendering of the embedded post-9/11 polemic on the necessity of foreign wars to keep America safe from evil forces lurking in the Islamic world. This orthodoxy is not even interrogated, much less rejected. And no where in the film is there any acknowledgement that the United States in Iraq was acting in defiance of international law and causing great devastation and suffering to a totally vulnerable foreign country, as well as producing a massive displacement of the civilian population. Leaving behind a devastated country and widespread chaos. The Iraqi experience of such carnage in their own country is treated as irrelevant, and is reminiscent of Vietnam War films that were mostly devoted to explorations of the victimization of the young Americans caught up in an experience of war that they could neither understand nor win, while overlooking almost altogether the massive suffering being inflicted on a foreign people in a distant land. That is, even most anti-war portrayals of these American wars accept the dehumanization of the foreign others.

For me the most significant impressions resulting from American Sniper’s narrative of the Iraq War are as follows:

–the striking imbalance between the sophisticated military technology at the disposal of the United States versus the primitive weaponry in the possession of the Iraqi adversaries, creating an overwhelming impression that the Iraq War was more ‘a hunt’ than ‘a war;’ such an impression is somehow deepened by a scene in the film in which Kyle is teaching his very young son to hunt for deer;

–the failure to make any effort at all to understand the experience of this war from the perspective of the Iraqis, creating the absurd impression that the only victims deserving empathy were Americans like Kyle who had endured the torments of warfare and suffered its admittedly disorienting consequences; the emotions of remorse as associated with the harm done to Iraq and Iraqis is no where to be found in the film.

What may be disturbing is the radical subjectivity of likely audience responses. In America, great popularity of mostly uncritical commentary on American Sniper, reinforcing the regressive national mood of glamorizing bloody military exploits as the most admirable expression of true patriotism. Elsewhere in the world the perception is likely to be quite opposite: American Sniper inducing anti-American attitudes either out of fear or resentment or both, solidifying the global image of the United States as a cruel geopolitical bully. That is, American Sniper is wildly pro-American for most domestic viewers, and severely anti-American for most foreign viewers. This gap in subjectivities exhibits the degree to which Americans are living in a bubble of their own devising.

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It is highly unlikely that many Americans will appreciate this disparity of perception, and even fewer will pause long enough to assess its significance. If more of us could see ourselves as we are seen in the mirror of foreign reactions it might help end this unhealthy national romance with permanent war that started after World War II with the Cold War and continues now in the form of the ‘War on Terror.’ Such a pattern of delusional geopolitics will never produce peace and security in the 21^st century, and will fatally divert attention from meeting the challenges of humanity associated with climate change, nuclear weapons, poverty, and extremism. To question this American domination project is to antagonize the entrenched bureaucratic, media, and neoliberal forces that benefit from endless war making and its associated expenditures of trillions. In the end it is this grand project of late capitalism that American Sniper indirectly vindicates, thereby burdening the nation and the world, perhaps fatally.

Tags: American Sniper, Chris Kyle, delusional geopolitics, international law, Iraq War, Iraqi people

Comments 63 Comments
Categories American Sniper, Commentary, Crimes of State, Iraq War, Patriotism, Reflections, Uncategorized, War on Terror

The Irrelevance of Liberal Zionism

4 Jan

Frustrated by Israeli settlement expansion, excessive violence, AIPAC maximalism, Netanyahu’s arrogance, Israel’s defiant disregard of international law, various Jewish responses claim to seek a middle ground. Israel is criticized by this loyal opposition, sometimes harshly, although so is the Palestinian Authority, Hamas, and activists around the world. Both sides are deemed responsible in equal measure for the failure to end the conflict. With such a stance liberal Zionists seek to occupy the high moral ground without ceding political relevance. In contrast, those who believe as I do that Israel poses the main obstacle to achieving a sustainable peace are dismissed by liberal Zionists as either obstructive or unrealistic, and at worst, as anti-Israeli or even anti-Semitic.

Listen to the funding appeals of J Street or read such columnists in the NY Times as Roger Cohen and Thomas Friedman to grasp the approach of liberal Zionism. These views are made to appear reasonable, and even just, by being set off against such maximalist support for Israel as associated with AIPAC and the U.S. Congress, or in the NY Times context by comparison with the more conservative views of David Brooks (whose son currently serves in the IDF) who published a recent ‘balanced’ column lionizing Netanyahu, “The Age of Bibi” [Jan. 2, 2014]. Of all the deformed reasoning contained in the column, perhaps the most scandalous was comparing Netanyahu to Churchill, and to suggest that his story has the grandeur that bears a resemblance to Shakespeare’s MacBeth, an observation that many would find unflattering. Of all Netanyahu’s qualities remarked upon, Brooks astoundingly finds that “his caution is the most fascinating.” According to Brooks, Netanyahu deserves to be regarded as cautious because he has refrained from attacking Iran despite threatening to do so with bellicose rhetoric. I would have thought that Netanyahu’s inflammatory threats directed at Iran, especially as combined with covert acts including inserting viruses to disable its nuclear program and assassinating Iranian scientists, would seem reckless enough for most observers. Since Brooks fails to mention the murderous attacks on Gaza, there is no need to reconcile such aggressive behavior with this overall assessment of caution.

At the core of liberal Zionism is the indictment of the Palestinian leadership for “never missing an opportunity to miss an opportunity” to recall the self-serving quip of the Israeli diplomat, Abba Eban. Roger Cohen would have us believe that prior to the collapse of the April negotiations the U.S. Government had presented a framework agreement, acceptable to Tel Aviv, that the Palestinian Authority irresponsibly and unreasonably rejected. And not only rejected, but the PA behaved in a manner that was provocative, signed some international agreements as if it already was a state. [“Why Israeli-Palestinian Peace Failed,” Dec. 23, 2014] This spin comes from Netanyahu’s chief negotiator, Tzipi Livni, who is presented by Cohen as the voice of moderation, as the self-proclaimed champion of ‘two states for two peoples.’

Livni who is the leader of a small party called Hatnua, which is joined in coalition with a revamped Labor Party headed by Isaac Herzog, contesting Likud and Netanyahu. Cohen never inquires as to what sort of state she would wish upon the Palestinians, which on the basis of her past, would be thoroughly subjugated to Israeli security demands as well as accommodating the bulk of settlements and settlers while rejecting the rights under international law of Palestinians in relations to refugees.

When Livni was asked by Cohen whether she would suspend Israeli settlement expansion so as to get direct negotiations started once more, she indicated that she would “at least outside the major blocs.” Cohen calls her party ‘centrist,’ which is one way of acknowledging how far Israeli politics have drifted to the right in recent years. A reading of the leaked documents of the secret negotiations between the Palestinian Authority and Israel represented by Livni showed how disinterested Israel seemed to be in two states for two peoples at that time of far less extensive settlement encroachment, as well as her overt rejection of the relevance of international law to the diplomatic process. [For a collection of the leaked documents showing Livni’s role see Clayton E. Swisher, ed., Palestine Papers: The End of the Road (2011)]

This expresses a second element of liberal Zionism, that despite everything the two state solution is confirmed over and over again as the only path to peace. As such, it should be endlessly activated in accordance with the Oslo formula that keeps the United States in the absurd role of intermediary and continue to insist that any Palestinian reference to rights under international law is an obstacle to peace. After more than 47 years of occupation and over 20 years of submission to the Oslo approach it would seem that it is past time to issue a certificate of futility, and the failure to do so, is for me a sure sign of either bad faith or extreme denial.

What is baffling is that those like Friedman and Cohen who surely know better play this game that never even raises the concrete question of how to reverse a settlement process that now includes as many as 600,000 settlers many of whom are militantly opposed to any kind of solution to the conflict that challenges their present situation. Conveniently, also, this liberal advocacy finesses the claims of the four million or so Palestinian refugees, including almost two million that have been confined to miserable refugee camps for decades, some since 1948. How can one possibly imagine a sustainable and just peace emerging from such a blinkered outlook!

Liberal Zionists also oppose as irresponsible and unhelpful all efforts to challenge this framework, especially any call for holding Israel to account under international humanitarian law for its excessive violence. Alternative futures based on the equality of the two peoples, such as some kind of living together within a single political community are dismissed out of hand, either because of colliding with Zionist expectations of a Jewish state or because after decades of hatred any effort at social integration would be bound to fail. Intriguingly, my experience of many conversations with both Palestinian refugees and Gazans is far more hopeful about peaceful coexistence within shared political space than are the Israelis despite their prosperity, prowess, and far greater security.

In a similar vein, liberal Zionists almost always oppose as counterproductive, activist initiatives taken under the auspice of the BDS Campaign. Their argument is that Israel will never make ‘painful sacrifices’ when put under pressure deemed hostile, and without these, no peace is possible. What these painful sacrifices might be on the Israeli side are never spelled out, but presumably would include disbanding the isolated settlements and maybe the separation wall, both of which were in any event unlawful. The real sacrifice for Israelis would be to give up the completion of the maximal version of the Zionist project, that of so-called Greater Israel that encompasses the entirety of the alleged biblical entitlement to Palestine. For the Palestinians in contrast their sacrifice would necessitate renouncing a series of entitlements conferred by international law, pertaining to settlements, refugees, borders, self-determination, sovereignty. In effect, Israel would sacrifice part of its unlawful dominion, while Palestine would relinquish its lawful claims, and the end result would be one of the inequality of the two peoples, not a recipe for a lasting peace.

A final feature of liberal Zionism is to make concessions to the Greater Israel outlook along the following lines—Israel should be allowed to control the unlawfully established settlement blocs; Israeli security concerns should be met, including by stationing military forces within the West Bank for many ears, while any Palestinian security concerns are treated as irrelevant; Palestinian refugees would be denied the right to return to their pre-1967 places of residence; Jerusalem would remain essentially under Israel’s control; no provision would be made to ensure non-discrimination against the 20% Palestine minority living within pre-1967 Israel; no acknowledgement would be made of the past injustices flowing from the 1948 dispossession of hundreds of thousands of Palestinians from their place of residence and the destruction of hundreds of Palestinian villages, the catastrophe that befell the Palestinian people, the nakba, nor the recognition that the nakba is a process that has continued to afflict Palestinians to this very moment.

Despite its claim of reasonableness and practicality, the liberal Zionist approach is an increasingly irrelevant presence on the Israeli political horizon, paralleling the decline of the Labor Party and the peace movement in the country, as well as the ascendancy of the Likud and the politics of the extreme right. The Israeli end game is now overwhelmingly based on unilateralism, either imposing a highly subordinated and circumscribed Palestinian state confined to parts of the West Bank or establishing Greater Israel and giving up any pretense of implementing the formula of two states for two peoples. The fact that liberal Zionism and the diplomacy of the West largely plays along with the discarded scenario of two states for two peoples is nothing more than subservience to a cruel variant of ‘the politics of delusion.’

The denigration of liberal Zionism is not meant to belittle the effort of Jews as Jews to find a just and sustainable solution for both peoples. I strongly support such organizations as Jewish Voices for Peace and Middle East Children’s Alliance, and hail the contributions of Noam Chomsky, Norman Finkelstein, Ilan Pappe, and many others to the struggle for Palestinian empowerment and emancipation.

Fortunately, Palestinian resistance will likely stymie the two variants of the Israeli end game mentioned above, but much suffering is almost certain to ensue before sufficient momentum builds within Israel and throughout the world for living together on the basis of equality and even solidarity, accompanied by the necessary acknowledgement of past injustices via some kind of truth commission mechanism. After such knowledge, anything will be possible!

Tags: international law, justice, Liberal Zionism, Netanyahu, Oslo Approach, peace, Zionism

Comments 109 Comments
Categories Commentary, International & Global Law, Israel/Palestine, Jewish Voices for Peace, Liberal Zionism, Netanyahu, Reflections, Zionism

After ‘Protective Edge’: What Future for Palestine and Israel

21 Sep

The 50-day Israeli military operation that killed over 2100 Palestinians, wounded another 11,000, and undoubtedly traumatized the entire Gazan population of 1.7 million also took the lives of 70 Israelis, of which 65 were soldiers. This last violent encounter has ended without a clear victory for either side. Despite this, Israel and Hamas are each insisting that ‘victory’ was achieved. Israel points to the material results, tunnels and rocket sites destroyed, targeted assassinations completed, and the overall weakening of Hamas capacity to launch an attack. Hamas, for its part, claims political gains, becoming far stronger politically and psychologically in both Gaza and the West Bank than before the fighting began, refusing to give in on the basic Israeli demand of the ‘demilitarization’ of Gaza, as well as further tarnishing Israel’s international reputation.

The UN Human Rights Commission has taken what for it is an exceptional step of appointing a commission of inquiry to investigate allegations of war crimes. The fact that William Schabas, a renowned expert on international criminal law, especially on the crime of genocide, was selected to chair the investigation is of great symbolic significance, and potentially of major relevance to the ongoing legitimacy struggle being successfully waged by the Palestinian people. Some have referred to this new initiative as ‘Goldstone 2.0’ referring back to the earlier high visibility fact finding undertaking of the HRC prompted by the Israeli military operation against Gaza in 2008-09 that had shocked the world by its ferocity and disregard for the international laws of war. Unlike Richard Goldstone, who was an amateur in relation to international law and ideologically aligned with Zionism, Schabas is a leading academic expert without any known ideological inhibitions, and with the strength of character to abide by the expected findings and recommendations of the report that the inquiry produces.

As earlier, the United States will use its geopolitical muscle to shield Israel from censure, criticism, and above all, from accountability. This lamentable limitation on the implementation of international criminal law does not mean that the Schabas effort lacks significance. The political outcome of prior anti-colonial struggles have been controlled by the side that wins the legitimacy war for control of the commanding heights of international law and morality.

This symbolic terrain is so important as it strengthens the resilience of those seeking liberation to bear the burdens of struggle and it deepens the global solidarity movement that provides vital support. In this respect, the Goldstone Report exerted a major influence in delegitimizing Israel’s periodic ‘mowing of the lawn’ in Gaza, especially the grossly disproportionate uses of force against a totally vulnerable and essentially helpless and entrapped civilian population.

The most startling result of this latest onslaught by Israel, which seems less an instance of ‘warfare’ than of ‘orchestrated massacre,’ is strangely ironic from an Israeli perspective. Its ruthless pursuit of a military victory had the effect of making Hamas more popular and legitimate than it had ever been, not only in Gaza, but even more so in the West Bank. Israel’s military operation seriously undermined the already contested claims by the Palestinian Authority (PA) to be the authentic representative of the aspirations of the Palestinian people. The best explanation of this outcome is that Palestinians as a whole prefer the resistance of Hamas, however much suffering it produces, to the passive compliance of the PA with the will of the occupier and oppressor.

For its part, Israel has signaled a less disguised refusal to move toward a negotiated peace under present conditions. Prime Minister Netanyahu has told the Palestinians once again that they must choose between ‘peace and Hamas,’ without mentioning that his use of the word ‘peace’ made it indistinguishable from ‘surrender.’ Netanyahu repeated his often proclaimed position–Israel will never negotiate with a terrorist organization that is committed to its destruction. Putting another nail in what appears to be the coffin of a two-state solution, Israel announced the largest confiscation of land for settlement expansion in more than 20 years, taking nearly 1000 acres of public land near Bethlehem to be added to the small settlement of Gvaot near the Etzion bloc south of Jerusalem. Some ask, “Why now?” rather than the more perceptive “Why not now?”

From these perspectives, the real impact of the Gaza carnage may be less the physical devastation and humanitarian catastrophe, imminent dangers of disease epidemic and $12 billion in damage taking at least 20 years to overcome, than the political effects. It looks like the suspension of inter-governmental diplomacy as a means of conflict resolution. Even the PA, seeking its political rehabilitation, is now talking about demanding that the UN establish a three year timetable for Israeli withdrawal from the West Bank. It is also threatening recourse to the International Criminal Court to empower an investigation of charges that the occupation of the West Bank itself involves the commission of crimes against humanity.

From these perspectives, the situation seems hopeless. The Palestinian prospects for their own state, which was the hope of moderates on both sides for many years, now seems irrelevant. Only the two-state template, however enacted, could reconcile the conflicting claims of Israeli Zionism and Palestinian nationalism. Of course, increasingly Palestinian critics questioned whether Zionism was consistent with the human rights of the Palestinian minority and its large refugee and exile communities, and tended to view the two state outcome as a triumph for the Zionist project and a sugar-coated defeat for Palestinian national aspirations. Now that it is ‘game over’ for the two-state solution, and the real struggle is more clearly being waged between competing versions of a one-state solution.

What can we expect? Even a sustainable ceasefire that allows the people of Gaza to recover somewhat from the dreadful ordeal of a cruel regime of collective punishment seems unlikely to persist very long in the present atmosphere. There is every reason to suppose that Israeli frustrations with the failure of its attack to subdue Hamas, and Hamas’ refusal to accept without acts of resistance the harsh realities of its continuing subjugation.

And yet there are flickers of light in the darkened skies. The stubbornness of Palestinian resistance combined with the robustness of a growing global solidarity movement is likely to exert intensifying pressure on the Israel public and some of its leaders to rethink their options for the future, and from an Israeli point of view, the sooner the better. The BDS (Boycott, Divestment, and Sanctions) campaign is gaining political and moral traction by the day. The kind of nonviolent international movement that unexpectedly helped cause the abrupt collapse of the apartheid regime in South Africa seems as though it might at some point push Israelis toward reconsidering whether an accommodation is not in Israel’s interest even if it requires a rethinking of what is the core reality of ‘a Jewish homeland,’ and even if it falls short of a complete reconciliation. As the experience in South Africa, and also Northern Ireland suggest, the side with the upper hand militarily does not acknowledge mounting political pressure until it is ready for a deal with its enemy that would have seemed inconceivable just shortly before it was made.

The outcome of the Israel-Palestine struggle is presently obscure. From the territorial perspective it appears that Israel is on the verge of victory, but from a legitimacy struggle perspective the Palestinians are gaining the upper hand. The flow of history since the end of World War II suggests a hopeful future for the Palestinians, yet the geopolitical strength of Israel may be able to withstand the intensifying pressure to acknowledge the fundamental Palestinian right of self-determination.

Tags: BDS, Hamas, international law, Israel, Palestine, Palestinian Authority, Protective Edge

Comments 80 Comments
Categories 'Operation Protective Edge', BDS, Commentary, Crimes of State, international law, Israel/Palestine, Reflections, Zionism

RUSSELL TRIBUNAL SESSION ON PALESTINE

5 Sep

[Prefatory Note: On September 24 a special session of the Russell Tribunal will examine war crimes allegations against Israel arising from the 50-day military operation that commence on July 8th. The RT has developed a record of examining the criminality of state actors that enjoy impunity internationally because they are insulated from accountability by what I have called a ‘geopolitical veto’ in this case exercised by the United States and several major European countries. Where governments and the UN fail to implement international law, there exists a right of peoples to play a residual lawmaking function. It is somewhat analogous to the residual role that the General Assembly is empowered to play when the Security Council is unable or unwilling to perform its primary role in relation to international peace and security. To fill this normative vacuum the RT has long played made an honorable contribution to what might be called ‘the empowerment of legal populism.’ I encourage attentiveness to this event, including publicizing its occurrence and disseminating the results of its deliberations. As the announcement below indicates, I am proud to be a member of the jury for the session along with a series of truly distinguished and qualified high profile international personalities known both for their professional achievement and for their principled stands as ‘citizen pilgrims’ dedicated to a humane future shaped by global justice.]

Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

RT Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

24-25 September – Brussels – Albert Hall, Brussel

A few weeks ago, members of the Russell Tribunal on Palestine, outraged by Israel’s terrible assault on Gaza and its population, decided to start working on an extraordinary session of the Tribunal that will look into Israel’s Crimes (including War Crimes, Crimes against Humanity and the Crime of Genocide) during the still ongoing “Operation Protective Edge” as well as third States complicity.

During this session, that will take place on one day in Brussels on 24^th September, our jury, so far composed of Michael Mansfield QC, John Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach, Paul Laverty, Roger Waters, Radhia Nasraoui, Miguel Angel Estrella and Ronnie Kasrils will listen to testimonies from Paul Behrens, Desmond Travers, Pierre Barbancey (TBC), Max Blumenthal, Eran Efrati, Mads Gilbert, Mohammed Abou-Arab, Mads Gilbert, Paul Mason, Martin Lejeune, Mohammed Omer, Raji Sourani, Ashraf Mashharawi, Agnes Bertrand, Michael Deas and Ivan Karakashian.

The jury will give its findings on 25^th September in the morning during an international press conference at the International Press Center (IPC, Brussels). In the afternoon, the Jury will be received at the European parliament and address a message to the UN General Assembly for its reopening.

To register for the session (free), email us your name and organisation at : rtpgaza@gmail.com

Do mention if you are coming as a journalist and would like to record parts of the session.

To stay in touch with our work, “like” our facebook page! Thanks. (https://www.facebook.com/russelltribunal)

Looking forward to seeing you all in Brussels.

Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

24-25 September – Brussels – Albert Hall, Brussel
A few weeks ago, members of the Russell Tribunal on Palestine, outraged by Israel’s terrible assault on Gaza and its population, decided to start working on an extraordinary session of the Tribunal that will look into Israel’s Crimes (including War Crimes, Crimes against Humanity and the Crime of Genocide) during the still ongoing “Operation Protective Edge” as well as third States complicity.

During this session, that will take place on one day in Brussels on 24th September, our jury, so far composed of Michael Mansfield QC, John Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach, Paul Laverty, Roger Waters, Radhia Nasraoui, Miguel Angel Estrella and Ronnie Kasrils will listen to testimonies from Paul Behrens, Desmond Travers, Pierre Barbancey (TBC), Max Blumenthal, Eran Efrati, Mads Gilbert, Mohammed Abou-Arab, Mads Gilbert, Paul Mason, Martin Lejeune, Mohammed Omer, Raji Sourani, Ashraf Mashharawi, Agnes Bertrand, Michael Deas and Ivan Karakashian.

The jury will give its findings on 25th September in the morning during an international press conference at the International Press Center (IPC, Brussels). In the afternoon, the Jury will be received at the European parliament and address a message to the UN General Assembly for its reopening.

To register for the session (free), email us your name and organisation at : rtpgaza@gmail.com

Do mention if you are coming as a journalist and would like to record parts of the session.

To stay in touch with our work, “like” our facebook page! Thanks. (https://www.facebook.com/russelltribunal)

Tags: citizenship, Gaza, international law, Israel-Palestine, Russell Tribunal, war crimes

Comments 58 Comments
Categories 'Operation Protective Edge', Crimes of State, Gaza, International & Global Law, Israel/Palestine, Russell Tribunal

Israel as An Outlaw State and U.S. Complicity

26 Aug

[Prefatory Note: The following post, was previously published as a co-authored two-part article by Akbar Ganji and myself in AlJazeera English on August 20-21, 2014; its basic premise is that the persistent defiance of international law by a sovereign state should carry delegitimizing consequences; the geopolitical grant of impunity to Israel evident throughout the aggressive military operation being carried out against an essentially helpless civilian population in Gaza suggests that neither the UN, nor governments in the region, nor leading governments in the world possess the political will to challenge such a frontal assault upon the authority of international law. We write from two very distinct backgrounds as members of civil society devoted to human rights and the global rule of law, and invite others to join in reflecting upon how civil society can bring law to bear more effectively on the behavior of the Israeli government, and in the process, help empower the people of Palestine in their quest for national self-determination and the fulfillment of their rights under international law so long denied. We try to make this central argument by positing the idea of ‘Outlaw State’ as a descriptive designation that might have some influence in civil society mobilizations of the sort associated with the global solidarity movement backing the Palestinian struggle and supporting such militant nonviolence as animating the BDS Campaign.]

The United State and the Outlaw State of Israel

Richard Falk and Akbar Ganji

Israel has become an outlaw state. In his book, The Law of Peoples, John Rawls defines (pp. 5 and 90) an outlaw state as one that systematically violates the universal principles of human rights, and commits aggression against other nations. Israel is guilty of repeated such violations as well as several massive acts of aggression, making it reasonable and responsible to identify it as an outlaw state. Such a pattern of behavior also contradicts the most basic principles of international law as embodied in the UN Charter pertaining to the use of international force, and obstructs the fundamental promise in the Preamble of the Charter “to save succeeding generations from the scourge of war.

It has become appropriate for the international community and global civil society to act accordingly

Israel’s military aggressions against other countries

Israel was born in 1948. Resolution 181 of the United Nations General Assembly is widely regarded as the most convincing legal basis for founding the State of Israel. We should recall that the Palestinians were awarded 45% of the historic Palestine, while 54% was allocated to Israel, and 1% was set aside as a special zone to be used for the internationalized city of Jerusalem. After the 1948 War with the neighboring Arab nations, Israel’s territorial gains reduced the Palestinian share to only 22%. In the 1967 War Israel proceeded to occupy the Palestinian territorial remnant that had been temporarily administered since 1948 by Jordan and Egypt, and since that time has encroached on Occupied Palestine in several unlawful ways—by establishing and expanding large and numerous Israeli settlements, constructing a network of settlers-only roads, building a separation wall deep in Occupied Palestine declared illegal by a 14-1 majority of the International Court of Justice in 2004, keeping the 1.8 million people of Gaza under siege since mid-2007 in ways that constitute collective punishment, and annexing and enlarging the metropolitan area of Jerusalem. These actions called ‘facts on the ground’ have been accepted as new “realities” by the U.S. Government and by several European governments, making the establishment of a viable Palestinian State virtually impossibility. Present trends in Israel make permanent the denial of fundamental Palestinian rights, above all, the right of self-determination, and accompany this with a unilateral “validation” of Israeli expansionism. Furthermore, Israel has attacked Gaza three times in the last six years (2008-09, 2012, 2014) in a manner that constitutes aggression under international law and the UN Charter and involves numerous violations of the law of war

This denial of Palestinian rights and deviation from the rules of international law and norms of global justice should not be interpreted in isolation from a wider pattern of unacceptable Israeli behavior. In this regard, it is highly relevant to take note of various acts of aggressions committed by Israel against several other sovereign states as well:

Military attacks on Iraq in June 1981 that destroyed Osirak nuclear reactor that was under construction, with the apparent purpose of disrupting an Iraqi program to develop nuclear weapons and to preserve Israel’s undeclared, yet clearly existent, regional monopoly over nuclear weaponry

Invasions of Lebanon in 1978, and 1982, coupled with the Israeli occupation of southern Lebanon until 2000. In September 1982 Israel was charged with complicity in the Sabra and Shatila massacre carried out by Maronite Phalangist militia units in which between 1500 and 3000 Palestinian civilians were murdered in cold blood. The Kahan commission, established by the government of Israel to investigate allegations involving Israeli complicity associated with the 1982 Lebanon War, found that then Defense Minister Ariel Sharon “bears personal responsibility” as the military commander on the scene who facilitated Phalangist entry into the camps and watched the massacres unfold.

Military attack on the PLO Headquarters in Hamman, Tunisia in October 1985, killing 60, which was condemned by the UN Security Council.

Invasion of southern Lebanon in 2006 that resulted in the 33 days warfare directed at Hezbollah, the destruction of residential sections in the southern Beirut associated with the formulation of the ‘Dahiya Doctrine’ rationalizing and justifying Israeli reliance on disproportionate uses of military power.

Attacks on October 2, 2007 on Syria destroyed its nuclear reactor in Deir ez-Zor region.

The attack of May 2010 in international waters on the Turkish passenger ship Mavi Marmara that was part of the Freedom Flotilla bringing humanitarian assistance to the people of Gaza in defiance of the international blockade, killing nine Turkish nonviolent peace activists.

At least three additional military attacks on Syria during 2013 and 2014 that involved bombing of targets to stop weapons from going through the country to reach Hezbollah in Lebanon, targets associated with location of Syrian Army units to lend assistance to the anti-Assad insurgent forces, and in retaliation for causing the death of an Israeli Arab in the Golan Heights.

Repeated military attacks in Sudan in 2009, 2011, and 2012, supposedly to disrupt the supply of weapons to Hamas in Gaza, causing many deaths.

In addition, Israel has occupied Syria’s Golan Heights since 1967, built unlawful settlements, and established a permanent presence. Israel has refused to withdraw from the West Bank and East Jerusalem, as called for by unanimous Security Council Resolution 242.

Add to these infringements on the sovereignty of Arab states the destabilizing fact that Israel secretly and illegitimately acquired and has continued to develop an arsenal of an estimated 300 nuclear warheads, the only state in the Middle East that has a nuclear arsenal, and the only country in the world that refuses to acknowledge its possession of nuclear weapons.

Systematic violations of human rights and the apartheid regime

Israel has always declared that it is the only democratic state in the Middle East. As pointed out by former U.S. President Jimmy Carter in his book, Palestine: Peace not Apartheid, Israel’s occupation regime in the West Bank has systematic discriminatory features of an apartheid regime. Further, the Palestinian minority resident in Israel is subject to as many fifty discriminatory laws that greatly restrict their individual and collective rights.

Recall that the South African regime also had a nominally “democratic” government, but it served only the white minority. The African black majority population was governed by a different set of laws, a cruel and exploitative apartheid regime in which the majority’s human rights were violated systematically. Palestinians in the West Bank have been living without the protection of law or the possession of rights since 1967, being subject to military administration and the oppressive practices of the Palestinian Authority, while the unlawful settler population enjoys the full protection of Israel’s rule of law.

As Gideon Levy, the progressive Israeli journalist writes Israel is “really only a democracy for its Jewish citizens who are quick to fall in line with the mainstream every time Israeli tanks roll across the border,” because even Israeli citizens that are opposed to their country’s aggression are attacked and threatened. A large number of Israelis are relatively recent immigrants, particularly from the former Soviet Union and Easter Europe, who enjoy a far more protected status than the several millions of Palestinians live under an apartheid regime in which they cannot vote in Israeli elections, do not have passports, cannot own property in many parts of Israel, and do not enjoy the social mobility that every human being is entitled to possess. The Palestinian people are also denied the right of self-determination, do not have any prospect of having an independent sovereign state of their own, or to join with the Israelis in the shared existence of a bi-national state in which the two peoples seek to live together on the basis of balanced unity, equality, with distinct spheres of autonomous administration and governance that is organized within the framework of a single sovereign state.

Israel’s war crimes against Palestinians

Not only does UN Security Council 465 speak twice of “Palestinian or Arab territories occupied since 1967,” but also declare and affirm that the Jewish settlements in the Palestinian territories represent a violation of 4^th Geneva Convention. Grave violations of this Convention – as for example the defiant refusal to dismantle the settlements as unlawful under Article 49(6), or to dismantle the separation wall as mandated by the International Court of Justice – appear to be war crimes of great severity.

Israel removed its military forces and settlers from the Gaza Strip in its ‘disengagement’ initiative in 2005, but in actuality kept effective control of Gaza, and remained bound by the obligations contained in international humanitarian law as applicable to an Occupying Power. In effect, Israel transformed the conditions of life in Gaza from direct military administration to life imprisonment of the population in the largest open-air jail on earth. Israel retained its total control of Gaza’s entrances and exits, of its airspace and offshore waters, disrupting life within the prison walls by lethal periodic violent incursions Most Palestinian people living in Gaza have effectively been locked in there ever since 1967, and more unconditionally since 2007. At the same time, Israel has periodically launched massive military operations against Gaza, imposed and maintained an illegal blockade, committed frequent acts of cross-border violence, and committed numerous grave war crimes there over a period of many years:

Israel attacked Gaza in 2008-2009, killing 1417 Palestinians, injuring 5303, creating 51,000 internal refugees, destroying 4000 homes, inflicting $2 billion economic damage, and disallowing the delivery of materials needed for reconstruction efforts.

Israel’s attacks on Gaza in 2012 killed 105 and injured 971, provoked by the Israeli targeted assassination of the Hamas military leader, Ahmed Jabari, as he was delivering a signed truce document.

Israel’s 2014 aggression against Gaza launched on July 8 has so far killed 2130 Palestinians , injured nearly 11,000, with 75-80% of the casualties being civilians. This massive Israeli military operation has caused more than 660,000 Gazans to be internally displaced, highlighting the denial of any right of Palestinians to leave the combat area throughout the military onslaught that has terrorized the entire population of Gaza. 577 Palestinian children are estimated to have been killed and as many as 3300 injured. In contrast, Israel’s losses in this attack have led to 68 Israeli deaths, of whom 65 were soldiers. The casualty disparity and the ration of both sides as between military and civilian deaths are both very significant indicators of relative moral responsibility of the carnage caused.

Israel has carried out 59,000 attacks on Gaza, dropping 15,000 tons of explosives on Gaza, which amounts to about 30% of the explosive power of the atomic bomb dropped on Hiroshima.

The United States as Israel’s servant

The United States has supported Israel without reservations since its founding in 1948. According to an agreement between the two countries, that has become a law in the U.S., The United States has committed itself to preserve Israel’s strategic and military superiority in relation to other countries in the Middle East. From 1949-2014 the U.S. has provided Israel with nearly $122 billion in aid, calculated by reference to fixed dollars. Counting the aid to Israel in 2003 dollars, from 1949 – 2003 the U.S. has provided Israel with $140 billion worth of military assistance, which has been increasing since 2003. The basic annual commitment to Israel is $3.1 billion, which is far more than military aid that has been given to any other country in the world, and this figure is an understatement, hiding a variety of supplemental appropriations and other benefits accorded uniquely to Israel. In effect, the United States has been subsidizing Israel’s aggressions, and ignoring American military assistance legislation that seeks to withhold such aid to countries that are not acting defensively and in accordance with international law.

The Obama administration has even increased the aid to Israel through its reliance on various special appropriations. Most recently Congress appropriated an additional $225 million for further development of the Iron Dome defensive weapons system.

The U.S. Senate has even approved a resolution according to which if Israel attacks Iran’s nuclear sites in the future defying international law, the U.S. is obligated to help Israel. It reads in part, “If the Government of Israel is compelled to take military action in legitimate self-defense against Iran’s nuclear weapons program, the United States Government should stand with Israel and provide, in accordance with United States law and the constitutional responsibility of Congress to authorize the use of military force, diplomatic, military, and economic support to the Government of Israel in its defense of its territory, people, and existence.” Of course, the language as written of ‘legitimate self-defense’ is understood to mean any action taken by Israel that is alleged to be ‘defensive,’ whether or not in conformity to international law, which limits such claims to situations of response to prior armed attacks. (See Article 51, UN Charter).

Among the many UNSC resolutions that seek to criticize or condemn Israel for its actions against the Palestinians, almost all have been vetoed by the United States. In fact, the U.S. government opposes virtually every resolution approved by any UN organ, including UN Human Rights Council (UNHRC), if it is deemed to be critical of Israel, and this includes even initiatives to establish fact-finding commissions of inquiry to determine whether charges of war crimes are well-founded. When Israel attacks the defenseless and completely vulnerable Palestinian people, the U.S. justifies such high-intensity and disproportionate violence as ”self-defense,” obstructs the issuance of a UN call for an immediate ceasefire, and gives diplomatic and material aid and comfort to Israeli aggression from start to finish.

After a fact-finding report on Israel war crimes in Gaza in 2008-2009 was approved by UNHRC, the U.S. and Israel successfully intervened with the Secretary General to prompt him to urge the non-implementation of the report in relation to Israeli accountability for war crimes. The US Government also used its leverage to prevent even the discussion of this important report, generally known as ‘the Goldstone Report,’ in the UNSC. When recently, the UN HRC approved a resolution to investigate Israel’s possible was crimes in Gaza, the U.S. cast the only negative vote.

Amnesty International has reported that the evidence of systematic attacks by Israel’s military forces on schools and hospitals in Gaza during the current warfare is overwhelming. It includes targeting those civilians seeking to escape the worst ravages of the Israeli attack by seeking shelter in United Nations schools and other buildings marked with the UN logo.

Human Rights Watch has reported on evidence of intentional shooting of Palestinians who were fleeing their homes, even after they had been ordered to do so by Israel’s military, and has declared such behavior to be a war crime.

We can only comprehend this partisan pattern of U.S. policy toward Israel by taking account of the leverage exerted on the government by the formidable lobby working on behalf of Israel known as AIPAC. Former President Jimmy Carter and the former President of Ireland and prior head of the UN HRC Mary Robinson have condemned this one-sidedness of American policy toward Israel and Hamas, insisting that as a first step Israel immediately ends without conditions the blockade of Gaza, allowing the long suffering people of Gaza to have finally some semblance of a normal life.

Consequences

The U.S. policy toward Israel has had dire consequences:

It has completely discredited the claim of United States to act as an impartial arbitrator between Israel and the Palestinians.

Hatred and resentment toward the United States has been increasing throughout the region, not only because of the blind support of Israel by the U.S., but also due to the military onslaughts directed against Iraq, Libya, and Afghanistan, and by drone attacks in Pakistan, Yemen, Somalia, and elsewhere.

According to a poll right before the current war, 85% of Egyptians and Jordanian, 73% of the Turks, and 66% of the Palestinians view the U.S. unfavorably, while 84% of Israelis have a positive view of the U.S.

What Israel has done in the region with the support of the U.S. has contributed greatly to the growth of extremism and discord throughout the Middle East. If such policies are not reversed even more chaos, extremist violence, bloodshed, and devastation are likely to emerge in the future.

The Middle East and North Africa have been unstable for decades, and the consequences of the intensifying instability are spreading to other regions and endangering world peace.

These policies of unconditional support for Israel have long been against the national interests of the United States. The Israel-Palestinian conflict is the mother of all problems in the Middle East. Israel has undermined all efforts to find a peaceful solution by way of diplomacy. It has rejected both the Arab Initiative of 2002 and ‘the roadmap proposed by the Quartet – the U.S., Russia, the European Union, and the UN – which require that Israel to withdraw to its pre-war green line borders of 1967 with the expectation that a sovereign and independent Palestinian state would emerge. This view of what is required of Israel as a precondition for peace have been consistently endorsed by the United Nations and enjoy wide support of world public opinion, already set forth in Security Council Resolution 242 that has been frequently reaffirmed since its unanimous adoption in 1967. It should be understood that ending the occupation of Palestinian territories is not by itself sufficient to achieve a sustainable peace. Of paramount relevance is also some arrangement that acknowledges the rights of several million Palestinian refugees who were forcibly expelled over the course of many years from Israel, most dramatically in 1948, as part of the catastrophe of national dispossession known to Palestinians as the nakba.

There are also serious questions at this time as to whether the two-state solution is any longer a viable and desirable goal, if it ever was. The question of Palestinian self-determination as the proper foundation for a sustained just peace is more open to debate and reflection in 2014 than ever before. Israel’s expansionism has put the international two-state consensus under a dark storm cloud, and the international community, along with representatives of the Palestinian people must now consider new ways to achieve a just peace for both peoples, which cannot be realized without upholding Palestinian rights.

We believe that a crucial step in this direction is the widespread acknowledgement by civil society, by governmments, and by the UN that Israel has become an outlaw state, and that appropriate adjustments to this reality must be made.

Tags: International Crimes, international law, Israel, Outlaw State

Comments 79 Comments
Categories Commentary, Crimes of State, International & Global Law, Israel/Palestine, Outlaw State

Palestinian Open Letter to UNSG Ban Ki-moon on Gaza

7 Aug

[Prefatory Note: Below is the text of an Open Letter to the UN Secretary General Ban Ki-moon alleging his inappropriate responses to the carnage and massacres taking place in Gaza, and by his behavior undermining respect for and the authority of the United Nations and international law. Given such a performance, the challenge posed to the highest ranking UN official is to revise his past comments on the Israeli attack or to resign his office. The peoples of the world, and not just the Palestinians, have a paramount interest in holding morally, legally, and politically accountable the UN and those who lead and represent the organization in response to such breaches of the peace and acts of aggression in accordance with law and justice, and never more so than when such unlawful behavior is directly responsible for a grave humanitarian catastrophe of the kind that has befallen the civilian population of Gaza since July 8. Instead of supporting Israel spurious claim of acting in self-defense, Mr. Ban Ki-moon should have been using his office to insist on an immediate ceasefire accompanied by the unconditional lifting of the blockade imposed on Gaza since mid-2007 that has constituted the essence of the collective punishment of the 1.8 million people encaged in the Gaza Strip without even a sanctuary for children, women, the disabled, the elderly, non-militants to escape from the combat zone by crossing the border or finding safety within Gaza itself. The shelling of UN facilities being used to shelter those desperately seeking safety exemplifies Israeli criminal conduct during this savage military operation. Please read the text below, prepared by Badil (an NGO devoted to Palestinian refugee rights that enjoys a world reputation for the quality of its work and the dedication of its staff) and endorsed by a large number of Palestinian civil society actors; please disseminate this text as widely as possible, and call independently for a response by the Secretary General, as well as further action if a response is not forthcoming.]

Open letter to Mr. Secretary-General, Ban Ki-moon: stand for law and Justice or resign!

5 August 2014

For humanity and the little remained credibility of international law:

Un Secretary-General, Ban Ki-moon, stand for law and Justice or resign!

Secretary-General Ban Ki-moon,

We, the under signed Palestinian human rights and community-based organizations are extremely disappointed by your performance, notably by your biased statements, your failure to act, and the inappropriate justification of Israel’s violations of IHL, which amount to war crimes. Until today, you have taken no explicit and tangible measures to address the recent Israeli attacks in the occupied Palestinian territory (oPt) since 13 June. Moreover, your statements have been either misleading, because they endorse and further Israeli false versions of facts, or contrary to the provisions established by international law and to the interests of its defenders, or because your words justify Israel’s violations and crimes.

You have undeniably assumed a biased position toward the current attack on Gaza and Israeli violations in the West Bank by failing to clearly condemn Israeli unlawful actions in the OPT, while, on the other hand, not hesitating to accuse – sometimes mistakenly – Palestinian combatant in Gaza of violations of international law. This bias can be noted in the following excerpts:

The Secretary-General strongly condemns the killing today of at least 10 Palestinian civilians in shelling outside of an UNRWA school in Rafah providing shelter to thousands of civilians. The attack is yet another gross violation of international humanitarian law, which clearly requires protection by both parties of Palestinian civilians, UN staff and UN premises, among other civilian facilities.

Such statement, by failing to name the perpetrator (Israel), is not only biased, but also offensive to UNRWA, itself a UN agency, as well as to other UN agencies and international organizations the struggle to provide relief and protection to Palestinians in Gaza. UNRWA, which has lost nine staff in Gaza since the beginning of Israel’s Operation Protective Edge, hosts around 270,000 internally displaced (25% of Gaza’s population) in its shelters. UNRWA’s preliminary analysis on a previous attack against one of its schools has indicated that it had been hit by Israeli artillery, constituting an indiscriminate attack and likely a war crime.

Moreover, by condemning the storage of weapons in UNRWA schools without offering a complete details and a proper account on international law, your statements endorse Israeli excuses to unlawfully, indiscriminately target such civilian objects.

In addition, by condemning

the reported violation by Hamas of the mutually agreed humanitarian ceasefire which commenced this morning. He is shocked and profoundly disappointed by these developments,

the Secretary-General reveals a reckless endorsement of Israeli version of facts, blaming Hamas for violating the cease-fire, even though admitting that “[t]he Secretary-General notes that the UN has no independent means to verify exactly what happened”, and, still, demanding “the immediate and unconditional release of the [falsely allegedly] captured soldier”.

The following statement further illustrates the Secretary-General’s ignorance of facts on the ground:

The Secretary-General has learned with concern that leaflets are reportedly being dropped by the Israeli Defence Forces in the northern Gaza Strip this evening, warning tens of thousands of residents to leave their homes and evacuate to Gaza City.

If true [our emphasis], this would have a further devastating humanitarian impact on the beleaguered civilians of those areas of the Gaza strip, who have already undergone immense suffering in recent days.

The drop of leaflets had been a known practice since the beginning of the Israeli operation in Gaza, contributing to a scenario of more than 480,000 internally displaced.

In the same statement,

The Secretary-General strongly urge[d] all sides to avoid any further escalation at this time[, noting] that all sides must meet all obligations under international humanitarian law, both towards civilians ahead of impending attacks, as well as maintaining proportionality in any kind of military response,

Revealing an undue equalization of the two sides of the conflict and failing to address the greater impact of violations committed by Israel, which has killed at least 1,814 the vast majority of whom are civilians, during its operation in Gaza.

Secretary-General,

When you make no distinction between oppressors and victims, in all your statements,

When you name Palestinian combatants as perpetrators of violations and war crimes while you ignore naming Israel, as you used to do in referring to specific actions,

When you avoid codifying Israeli actions amount to war crimes, while you insist on prescribing Palestinian reactions as grave breaches of IHL,

When you always advocate unlawfully the Israel right to self-defense, while having not pointed out the Palestinians legitimate and legal right to resist occupation, colonization and institutionalized discrimination,

When you adopt and advocate Israeli false stories, while not mentioning Palestinians’ narrative,

When you disregard facts on grounds clearly resulting from Israeli attacks, while you seek the immediate and unconditional release of a falsely captured soldier who was in the battle field,

You do not maintain peace and security; nor do you ensure human rights.

By reviewing yours statements, it becomes evident you have not been fulfilling your mandate. In contrary, your statements have not only allowed the continuance of Israel’s killing our people, but also, encouraged States to continue providing Israel with impunity. As you cannot say the truth,we advise you to either drastically change your positioning – not only in words, but also in your efforts to, through the UN, effectively end the current conflict – or to resign. For us, if you continue playing this role, you prove what our people feel, that you are a partner in, or at least an enabler of, the ongoing violations of international humanitarian law committed by Israel against our, families, children, women, elders – against our people.

—————- Signatures —————-

Individuals:  • Richard Falk Former United Nations Special Rapporteur on human rights in the Palestinian territories occupied since 1967  • Luisa Morgantini Former Vice President of the European Parliament  • Ahmad Muhaisen – President of The association for twining French cities and Palestinian refugee camps  • Breyten Breytenbach Poet, writer, painter and activist  • John Pilger is a journalist, film-maker and author

Palestinian and international human rights and civil society organizations:  • BADIL Resource Center for Palestinian Residency and Refugee Rights – Bethlehem  • Occupied Palestine and Syrian Golan Heights Advocacy Initiative (OPGAI) – Biet Sahour • The Alternative Information Centre (AIC) – Biet Sahour • ADDAMEER Prisoner Support and Human Rights Association – Ramallah • Palestinian Non-Governmental Network (Umbrella for 133 organizations) • Palestinian General Federation of Trade Unions • General Union of Palestine Workers • General Union for Health Services Workers • General Union for Public Services Workers • General Union for Petrochemical and Gas Workers • General Union for Agricultural Workers • Union of Women’s Work Committees • Palestinian Boycott, Divestment, Sanctions National Committee (BNC). The Committee includes the following organizations: Council of National and Islamic Forces in Palestine, Palestinian NGO Network (PNGO), Palestinian National Institute for NGOs, Global Palestine Right of Return Coalition, Palestinian Trade Union Coalition for BDS (PTUC-BDS), Federation of Independent Trade Unions, General Union of Palestinian Workers, Palestinian General Federation of Trade Unions, General Union of Palestinian Women, Union of Palestinian Farmers, General Union of Palestinian Teachers, General Union of Palestinian Writers, Palestinian Federation of Unions of University Professors and Employees (PFUUPE), Union of Professional Associations, General Union of Palestinian Peasants, Union of Public Employees in Palestine-Civil Sector, Grassroots Palestinian Anti-Apartheid Wall Campaign (STW), National Committee for Grassroots Resistance, Palestinian Campaign for the Academic and Cultural Boycott of Israel (PACBI), National Committee to Commemorate the Nakba, Civic Coalition for the Defense of Palestinian Rights in Jerusalem, Coalition for Jerusalem, Union of Palestinian Charitable Organizations, Palestinian Economic Monitor, Union of Youth Activity Centers-Palestine Refugee Camps, Occupied Palestine and Syrian Golan Heights Initiative. • The Joint Advocacy Initiative of the East Jerusalem YMCA and the YWCA of Palestine (JAI) – Biet Sahour • Baladna- association for Arab Youth – Haifa • Hamleh – Arab center for media development – Haifa • Al Zahra’ Society for Women Empowerment – Sakhnin • Assiwar- The Feminist Arab Movement in Support of Victims of Sexual Assault – Haifa • Association for the defense for the Rights of the Internally Displaced in Israel – Nazareth • Alsebat association for heritage Preservation – Nazareth  • The Alternative Tourism Group (ATG) – Beit Sahour • Yabous Cultural Center – Jerusalem • The Edward Said National Conservatory of Music – Jerusalem • Palestinian Students’ Campaign for the Academic Boycott of Israel • Gaza BDS Working Group • University Teachers’ Association in Palestine • Medical Democratic Assembly • Pal-Cinema (Palestine Cinema Forum) • Youth Herak Movement • Union of Women’s Struggle Committees • Union of Synergies—Women Unit • Union of Palestinian Women Committees • Women’s Studies Society • Working Woman’s Society • One Democratic State Group • Youth Against Israeli Settlements – Hebron • Health Work Committees – Biet Sahour • Land Research Center (LCR) – Hebron • Ramallah Center for Human Rights Studies – Ramallah • Popular Struggling Coordination Committee (PSCC) – Ramallah • Lajee Center, Aida Refugee Camp – Bethlehem • The EJ-YMCA Rehabilitation Program and the Beit Sahour YMCA – Beit Sahour • Ibrahim Al Khalil Society – Hebron • The Palestinian Prisoners Society – Bethlehem • The Palestinian Center of Youth Action for Community Development (LAYLAC) – Dhiesheh Refugee Camp – Bethlehem • Palestinian Grassroots Anti-apartheid Wall Campaign (Stop the Wall) – Ramallah • Palestinian Center for Rapprochement Between People – Biet Sahour • Amaan Center for social health, Counseling and Development – Hebron • Popular Committee for Refugees, Qalqeliah • Popular Committee for Refugees, Salfit • Social Youth Center, Aqbat Jaber Refugee Camp – Jericho • Social Youth Center, Aida Refugee Camp – Bethlehem • Social Youth Center, Al Arroub Refugee Camp – Hebron • Al Arroub Popular committee – Al Arroub Refugee Camp – Hebron • Progressive Youth Union – Al Arroub Refugee Center – Hebron • The Phoenix Center – Al Arroub Refugee Camp – Hebron • Al Fawwar Social Center – Al Fawwar Refugee camp – Hebron • Social Youth Center, Far’a Refugee Camp – Nablus • Shu’fat Child Center – Shu’fat Refugees Camp – Jerusalem • Shoruq Association, Dhiesheh Refugee Camp – Bethlehem • Al Awda Center for Youth and children Rehabilitation – Tulkarem • Ansar Center, Al Walajeh – Bethlehem • Center for Defense of Liberties and Civil Rights “Hurryyat” • The Palestinian Agricultural Relief Committee – Bethlehem • Bethlehem Farmers Society – Bethlehem • Ibda’a for the Development of Children Capacity, Dhiesheh Refugee Camp – Bethlehem • The popular committee – Dhiesheh Refugee Camp – Bethlehem • The women Centre – Dhiesheh Refugee Camp – Bethlehem • The popular committee – Al Azza Refugee Camp – Bethlehem • Al Phoenix Center – Dhiesheh Refugee Camp – Bethlehem • Al Walaja Women Center – Al Walaja – – Bethlehem • Not to Forget – Jenin Refugees Camp – Jenin • Environmental Education Center – Beit Jala • The National Charitable Society – Al Khader • The Right of Return Committees in Bethlehem – Bethlehem • Al Walaja Popular Committee – – Bethlehem • Al Walaja Sports Club – Al Walaja – – Bethlehem • Al Walaja Agriculture society – Al Walaja – – Bethlehem • The Palestinian anti-Wall and Settlements committees – Ramallah • MA’AN Development Center – Ramallah • The Association of Palestinian prisoners and x-prisoners – Bethlehem • Susya Popular Committee – Hebron • Dair Abu Misha’al Popular committee – Ramallah • Al Tawasul Forum Society – Gaza Strip • The International Solidarity Movement. • The Refugees Rights Center –‘Aidoon – Lebanon • Association Najdeh – Lebanon • Ajyal Association – Lebanon • The Refugees Rights Center –‘Aidoon – Syria • Union of Arab Jurists – Jordan • The National Institution of Social Care & Vocational Training – Jordan • Australians for Palestine – Australia • Women for Palestine – Australia • Collective urgence Palestine – Switzerland • Palestina Rossa – Italy • Fronte Palestina – Italy • The Association of Humanitarian Lawyers • International Educational Development, Inc • International Lawyers – Switzerland • Tamkeen-Arab group – Switzerland • The BDS campaign in France – France • The association for twining French cities and Palestinian refugees camp – France • The International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD) • International society for Human Rights • Czech Friends of Palestine • Initiative for a just peace in the Middle East – Czech Republic • Nord-Sud XXI • International Association Against Torture • The Palestine Solidarity Allegiance South Africa • Palestine Legal Action Network • Russell Tribunal on Palestine • Campaign BDS France, • 14 Friends of Palestine (Marin, CA) • Canada Palestine Association • Voice of Palestine • People for Peace, London, CA • United States Palestinian Community Network • Labor for Palestine NY • Samidoun Palestinian Prisoner Solidarity Network • US Campaign for the Academic and Cultural Boycott of Israel • Palestine Human Rights Campaign Auckland • Al-Awda NY • Jews for Palestinian Right of Return • Jews Against genocide • Palestine Solidarity Alliance, South Africa • Assopace • Boycott! Boycott From Within • Boycott Israeli Apartheid Campaign – Vancouver • BDS Switzerland

Palestinian Refugees and IDPs: Background

Ongoing Nakba Education Center

Mobilization and Intervention

Tags: Ban Ki-moon, Gaza, international law, UN, UN Secretary General

Comments 81 Comments
Categories Ban KI-moon, Global Governance, Human Rights, International & Global Law, Israel/Palestine, UN

Joint Declaration on International Law & Gaza & Final List of Endorsers

2 Aug

Final Text of Joint Declaration on International Law & List of Endorsers

(Prefatory Note: with only a voluntary effort the Joint Declaration on International Law in relation to the Gaza Attacks by Israel has elicited an encouraging response from legal experts from around the world, including some of our most distinguished colleagues. Others without formal legal credentials have also indicated their support, and expressed their desire to endorse the Joint Declaration. The original drafting group agreed that formal endorsers should be limited to those with a law background, although we have recorded all others in a second list that will be made public when an appropriate occasion arises. We thank all of you who have contributed to this initiative by indicating support.

As might be expected the dissemination of this text also generated critical reactions from those who argued that we had understated Israel’s rights under international law and understated Hamas’ violations. There were other more vituperative denunciations of such an initiative and its endorsers that expressed anger and hostility toward anyone who dares criticizes Israel, and even encouraged Israel to persist in its military onslaught in Gaza, and do whatever its leaders think necessary.

With this posting we are formally closing the endorsing process, but we will continue to do our best to insist on the relevance of international law to the behavior of Israel and the other parties in this conflict along the lines of the analysis contained in the Joint Declaration. We discourage pro and con comments at this stage, although welcoming substantive discussion and suggestions for further dissemination)

The International Community Must End Israel’s Collective Punishment of the Civilian Population in the Gaza Strip

As international and criminal law scholars, human rights defenders, legal experts and individuals who firmly believe in the rule of law and in the necessity for its respect in times of peace and more so in times of war, we feel the intellectual and moral duty to denounce the grave violations, mystification and disrespect for the most basic principles of the laws of armed conflict and of the fundamental human rights of the entire Palestinian population committed during the ongoing Israeli offensive in the Gaza Strip. We also condemn the launch of rockets from the Gaza Strip, as every indiscriminate attack against civilians, regardless of the identity of the perpetrators, is not only illegal under international law but also morally intolerable. However, as also implicitly noted by the UN Human Rights Council in its Resolution of 23 July 2014, the two parties to the conflict cannot be considered equal, and their actions – once again – appear to be of incomparable magnitude.

Once again it is the unarmed civilian population, the ‘protected persons’ under International humanitarian law (IHL), who is in the eye of the storm. Gaza’s civilian population has been victimized in the name of a falsely construed right to self-defence, in the midst of an escalation of violence provoked in the face of the entire international community. The so-called Operation Protective Edge erupted during an ongoing armed conflict, in the context of a prolonged belligerent occupation that commenced in 1967. In the course of this ongoing conflict thousands of Palestinians have been killed and injured in the Gaza Strip during recurrent and ostensible ‘ceasefire’ periods since 2005, after Israel’s unilateral ‘disengagement’ from the Gaza Strip. The deaths caused by Israel’s provocative actions in the Gaza Strip prior to the latest escalation of hostilities must not be ignored as well.

According to UN sources, over the last three weeks, at least 1,373 Palestinians in Gaza have been killed and 8,265, including 2,502 children and 1,626 women, have been injured. Several independent sources indicate that only 15 per cent of the casualties were combatants. Entire families have been murdered. Hospitals, clinics, as well as a rehabilitation centre for disabled persons have been targeted and severely damaged. During one single day, on Sunday 20^th July, more than 100 Palestinian civilians were killed in Shuga’iya, a residential neighbourhood of Gaza City. This was one of the bloodiest and most aggressive operations ever conducted by Israel in the Gaza Strip, a form of urban violence constituting a total disrespect of civilian innocence. Sadly, this was followed only a couple of days later by an equally destructive attack on Khuza’a, East of Khan Younis.

Additionally, the offensive has already caused widespread destruction of buildings and infrastructure: according to the UN Office for the Coordination of Humanitarian Affairs, over 3,300 houses have been targeted resulting in their destruction or severe damage.

As denounced by the UN Fact-Finding Mission (FFM) on the Gaza conflict in the aftermath of Israel’s ‘Operation Cast Lead’ in 2008-2009: “While the Israeli Government has sought to portray its operations as essentially a response to rocket attacks in the exercise of its right to self defence, the Mission considers the plan to have been directed, at least in part, at a different target: The people of Gaza as a whole” (A/HRC/12/48, par. 1883). The same can be said for the current Israeli offensive.

The civilian population in the Gaza Strip is under direct attack and many are forced to leave their homes. What was already a refugee and humanitarian crisis has worsened with a new wave of mass displacement of civilians: the number of IDPs has reached more than 457,000, many of whom have obtained shelter in overcrowded UNRWA schools, which unfortunately are no safe areas as demonstrated by the repeated attacks on the UNRWA school in Beit Hanoun. Everyone in Gaza is traumatized and living in a state of constant terror. This result is intentional, as Israel is again relying on the ‘Dahiya doctrine’, which deliberately has recourse to disproportionate force to inflict suffering on the civilian population in order to achieve political (to exert pressure on the Hamas Government) rather than military goals.

In so doing, Israel is repeatedly and flagrantly violating the law of armed conflict, which establishes that combatants and military objectives may be targeted, i.e. ‘those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.’ Most of the recent heavy bombings in Gaza lack an acceptable military justification and, instead, appear to be designed to terrorize the civilian population. As the ICRC clarifies, deliberately causing terror is unequivocally illegal under customary international law.

In its Advisory Opinion in the Nuclear Weapons case, the ICJ stated that the principle of distinction, which requires belligerent States to distinguish between civilians and combatants, is one of the “cardinal principles” of international humanitarian law and one of the “intransgressible principles of international customary law”.

The principle of distinction is codified in Articles 48, 51(2) and 52(2) of the Additional Protocol I of 1977 to the 1949 Geneva Conventions, to which no reservations have been made. According to Additional Protocol I, “attacks” refer to “acts of violence against the adversary, whether in offence or in defence” (Article 49). Under both customary international law and treaty law, the prohibition on directing attacks against the civilian population or civilian objects is absolute. There is no discretion available to invoke military necessity as a justification.

Contrary to Israel’s claims, mistakes resulting in civilian casualties cannot be justified: in case of doubt as to the nature of the target, the law clearly establishes that an object which is normally dedicated to civilian purposes (such as schools, houses, places of worship and medical facilities), is presumed as not being used for military purposes. During these past weeks, UN officials and representatives have repeatedly called on Israel to strictly abide by the principle of precaution in carrying out attacks in the Gaza Strip, where risks are greatly aggravated by the very high population density, and maximum restraint must be exercised to avoid civilian casualties. HRW has noted that these rules exist to minimize mistakes and “when such mistakes are repeated, it raises the concern of whether the rules are being disregarded.”

Moreover, even when targeting clear military objectives, Israel consistently violates the principle of proportionality: this is particularly evident with regard to the hundreds of civilian houses destroyed by the Israeli army during the current military operation in Gaza. With the declared intention to target a single member of Hamas, Israeli forces have bombed and destroyed houses although occupied as residencies by dozens of civilians, including women, children, and entire families.

It is inherently illegal under customary international law to intentionally target civilian objects, and the violation of such a fundamental tenet of law can amount to a war crime. Issuing a ‘warning’ – such as Israel’s so-called roof knocking technique, or sending an SMS five minutes before the attack – does not mitigate this: it remains illegal to wilfully attack a civilian home without a demonstration of military necessity as it amounts to a violation of the principle of proportionality. Moreover, not only are these ‘warnings’ generally ineffective, and can even result in further fatalities, they appear to be a pre-fabricated excuse by Israel to portray people who remain in their homes as ‘human shields’.

The indiscriminate and disproportionate attacks, the targeting of objectives providing no effective military advantage, and the intentional targeting of civilians and civilian houses have been persistent features of Israel’s long-standing policy of punishing the entire population of the Gaza Strip, which, for over seven years, has been virtually imprisoned by an Israeli imposed closure. Such a regime amounts to a form of collective punishment, which violates the unconditional prohibition set forth in Article 33 of the Fourth Geneva Convention and has been internationally condemned for its illegality. However, far from being effectively opposed by international actors, Israel’s illegal policy of absolute closure imposed on the Gaza Strip has relentlessly continued, under the complicit gaze of the international community of States.

***

As affirmed in 2009 by the UN Fact Finding Mission on the Gaza Conflict: “Justice and respect for the rule of law are the indispensable basis for peace. The prolonged situation has created a justice crisis in the Occupied Palestinian Territory that warrants action” (A/HRC/12/48, para. 1958) Indeed: “long-standing impunity has been a key factor in the perpetuation of violence in the region and in the reoccurrence of violations, as well as in the erosion of confidence among Palestinians and many Israelis concerning prospects for justice and a peaceful solution to the conflict”. (A/HRC/12/48, para. 1964)

Therefore,

We welcome the Resolution adopted on 23 July 2014 by the UN Human Rights Council, in which an independent, international commission of inquiry was established to investigate all violations of international humanitarian law and international human rights law in the Occupied Palestinian Territory.

We call upon the United Nations, the Arab League, the European Union, individual States, in particular the United States of America, and the international community in its entirety and with its collective power to take action in the spirit of the utmost urgency to put an end to the escalation of violence against the civilian population of the Gaza Strip, and to activate procedures to hold accountable all those responsible for violations of international law, including political leaders and military commanders. In particular:
All regional and international actors should support the immediate conclusion of a durable, comprehensive, and mutually agreed ceasefire agreement, which must secure the rapid facilitation and access of humanitarian aid and the opening of borders to and from Gaza;
All High Contracting Parties to the Geneva Conventions must be urgently and unconditionally called upon to comply with their fundamental obligations, binding at all times, and to act under common Article 1, to take all measures necessary for the suppression of grave breaches, as clearly imposed by Article 146 and Article 147 of the Fourth Geneva Convention; these rules are applicable by all interested parties as well;
Moreover, we denounce the shameful political pressures exerted by several UN Member States and the UN on President Mahmoud Abbas, to discourage recourse to the International Criminal Court (ICC), and we urge the Governmental leaders of Palestine to invoke the jurisdiction of the ICC, by ratifying the ICC treaty and in the interim by resubmitting the declaration under Article 12(3) of the Rome Statute, in order to investigate and prosecute the serious international crimes committed on the Palestinian territory by all parties to the conflict; and
The UN Security Council must finally exercise its responsibilities in relation to peace and justice by referring the situation in Palestine to the Prosecutor of the ICC.

***

Please note that institutional affiliations are for identification purposes only.

John Dugard, Former UN Special Rapporteur on human rights situation in the Occupied Palestinian Territory
Richard Falk, Former UN Special Rapporteur on human rights situation in the Occupied Palestinian Territory
Alain Pellet, Professor of Public International Law, University Paris Ouest, former Member of the United Nations International Law Commission, France
Georges Abi-Saab, Emeritus Professor of International Law, Graduate Institute of International and Development Studies, Geneva, Former Judge on the ICTY
Vera Gowlland-Debbas, Emeritus Professor of International Law, Graduate Institute of International and Development Studies, Geneva, Switzerland
Chantal Meloni, Adjunct Professor of International Criminal Law, University of Milan, Italy (Rapporteur)

Roy Abbott, Consultant in International Humanitarian Law and International Human Rights Law, Australia
Lama Abu-Odeh, Law Professor, Georgetown University Law Center, USA
Taris Ahmad, Solicitor at Jones Day, London, UK
Kasim Akbaş, Professor of Law, Anadolu Üniversitesi, Eskişehir,Turkey
Susan M. Akram, Clinical Professor and supervising attorney, International Human rights Program, Boston University School of Law, USA
Maria Anagnostaki, PhD candidate, Law School University of Athens, Greece
Antony Anghie, Professor of Law, University of Utah, USA
Javier Ansuátegui-Roig, Director, Human Rights Institute Bartolomé de las Casas, Charles III University of Madrid, Spain
Ayman Atef, LLM Ain Shams University, Egypt
Ufuk Aydin, Dean, Professor of Law, Anadolu Üniversitesi, Eskişehir,Turkey
Nizar Ayoub, Director, Al-Marsad, Arab Human Rights Centre in Golan Heights
Valentina Azarov, Lecturer in Human Rights and International Law, Al Quds Bard College, Palestine
Ammar Bajboj, Lecturer in Law, University of Damascus, Syria
Samia Bano, SOAS School of Law, London, UK
Asli Ü Bali, Professor of Law, UCLA School of Law, USA
Jakub Micha³ Baranowski, Phd Candidate, Universita’ degli Studi Roma Tre, Italy
Frank Barat, Russell Tribunal on Palestine
Marzia Barbera, Professor of Law, University of Brescia, Italy
Emma Bell, Coordinator of the European Group for the Study of Deviance and Social Control, Université de Savoie, France
Barbara Giovanna Bello, Post-doc Fellow, University of Milan, Italy
Brenna Bhandar, Senior lecturer in Law, SOAS School of Law, London, UK
George Bisharat, Professor of Law, UC Hastings College of Law, USA
Marta Bitorsoli, LLM, Irish Centre for Human Rights, Trial Clerk ICTY, The Hague, The Netherlands
Barbara Blok, LLM Candidate, University of Essex, UK
John Braithwaite, Professor of Criminology, Australian National University, Australia
Michelle Burgis-Kasthala, lecturer in international law, University of Edinburgh, UK
Eddie Bruce-Jones, Lecturer in Law, University of London, Birkbeck College, UK
Sandy Camlann, LLM Candidate, Université Paris Ouest Nanterre La Défense, France
Grazia Careccia, Human Rights Advocate, London, UK
Baris Cayli, Impact Fellow, University of Stirling, UK
Antonio Cavaliere, Professor of Criminal Law, University Federico II, Naples, Italy
Kathleen Cavanaugh, Senior Lecturer, Irish Center for Human Rights, National University of Ireland, Galway, Ireland
Elizabeth Chadwick, Reader in International Law, Nottingham, UK
Donna R. Cline, Attorney at Law, USA
Karen Corteen, Senior Lecturer in Criminology, University of Chester, UK
Andrew Dahdal, Lecturer, Faculty of Business and Economics, Macquarie University, Sydney, Australia
Teresa Dagenhardt, Reader in Criminology, Queen’s University Belfast, Northern Ireland
Luigi Daniele, PhD candidate in Law, Italy
Alessandro De Giorgi, Professor of Justice Studies, San Josè State University, USA
Cristina de la Serna-Sandoval, lawyer and human rights consultant, Spain
Javier De Lucas, Professor of Law, Human Rights Institute, University of Valencia, Spain
Paul de Waart, Professor Emeritus of International Law, VU University, Amsterdam, The Netherlands
Gabriele della Morte, Senior Lecturer in International Law, University Cattolica, Milan, Italy
Max du Plessis, Professor of Law, University of Kwazulu-Natal, and Barrister, South Africa and London, UK
Isabel Düsterhöft, LL.M., Utrecht, M.A. Hamburg, Germany
Noura Erakat, Georgetown University, USA
Mohammad Fadel, Associate Professor of Law, University of Toronto Faculty of Law, Canada
Mireille Fanon-Mendés France, Independent Expert UNO, Frantz Fanon Foundation, France
Michelle Farrell, lecturer in law, School of Law and Social Justice, University of Liverpool, UK
Daniel Feierstein, Professor and President International Association of Genocide Scholars (IAGS), Argentina
Eleonor Fernández Muñoz, Costa Rica
Tenny Fernando, Attorney at Law, Sri Lanka
Amelia Festa, LLM Candidate, University of Naples Federico II, Italy
Katherine Franke, Professor of Law, Columbia Law School, USA
Jacques Gaillot, Bishop in partibus of Partenia
Katherine Gallagher, Vice President FIDH, senior attorney, Centre for Constitutional Rights (CCR), New York, USA
Avo Sevag Garabet, LLM, University of Groningen, the Netherlands
Jose Garcia Anon, Professor of Law, Human Rights Institute, University of Valencia, Valencia, Spain
Cristina Garcia-Pascual, Professor of Law, Human Rights Institute, University of Valencia, Spain
Jose Antonio García-Saez, International Law Researcher, Human Rights Institute, University of Valencia, Spain
Andrés Gascón-Cuenca, PhD candidate, Human Rights Institute, University of Valencia, Spain
Irene Gasparini, PhD candidate, Universitá Cattolica, Milan, Italy
Stratos Georgoulas, Assistant Professor, University of the Aegean, Greece
Haluk Gerger, Professor, Turkey
Hedda Giersten, Professor, Universitet I Oslo, Norway
Javier Giraldo, Director Banco de Datos CINEP, Colombia
Carmen G. Gonzales, Professor of Law, Seattle University School of Law, USA
Penny Green, Professor of Law and Criminology, Director of the State Crime Initiative, King’s College London, UK
Katy Hayward, Senior Lecturer in Sociology, Queen’s University Belfast, Northern Ireland
Andrew Henley, PhD candidate, Keele University, UK
Christiane Hessel, Paris, France
Paddy Hillyard, Professor Emeritus, Queen’s University Belfast, Northern Ireland
Ata Hindi, Institute of Law, Birzeit University, Palestine
Francois Houtart, Professor, National Institute of Higher Studies, Quito, Ecuador
Deena R. Hurwitz, Professor, General Faculty, Director International Human Rights Law Clinic, University of Virginia School of Law, USA
Perfecto Andrés Ibánes, Magistrado Tribunal Supremo de Espagna, Spain
Franco Ippolito, President of the Permanent People’s Tribunal, Italy
Ruth Jamieson, Honorary Lecturer, School of Law, Queen’s University, Belfast, Northern Ireland
Helen Jarvis, former member Extraordinary Chambers in the Courts of Cambodia (ECCC), member of IAGS, Cambodia
Ioannis Kalpouzos, Lecturer in Law, City Law School, London, UK
Victor Kattan, post-doctoral fellow, Law Faculty, National University of Singapore
Michael Kearney, PhD, Lecturer in Law, University of Sussex, UK
Yousuf Syed Khan, USA
Tarik Kochi, Senior Lecturer in Law, School of Law, Politics and Sociology, University of Sussex, UK
Anna Koppel, MSt Candidate in International Human Rights Law, University of Oxford, UK
Azra Kuci, legal advisor TRIAL (track impunity always), Bosnia and Herzegovina
Karim Lahidji, President of the International Federation for Human Rights (FIDH) and lawyer
Giulia Lanza, PhD Candidate, Università degli Studi di Verona, Italy
Massimo La Torre, Professor of Law, University of Hull (UK), Catanzaro University (Italy)
Daniel Machover, solicitor, Hickman & Rose, London, UK
Tayyab Mahmud, Professor of Law, Director of the Centre for Global Justice, Seattle University School of Law, USA
Maria C. LaHood, Senior Staff Attorney, CCR, New York, USA
Louise Mallinder, Reader in Human Rights and International Law, University of Ulster, UK
Triestino Mariniello, Lecturer in International Criminal Law, Edge Hill University, UK
Mazen Masri, Lecturer in Law, The City Law School, City University, London, UK
Siobhan McAlister, School of Sociology, Queen’s University Belfast, Northern Ireland
Liam McCann, Principal Lecturer in Criminology, University of Lincoln, UK
Jude McCulloch, Professor of Criminology, Monash University, Melbourne, Australia
David McQuoid-Mason, Director, Centre for Socio-Legal Studies, University of KwaZulu-Natal, Durban, South Africa
Yvonne McDermott Rees, Lecturer in Law, University of Bangor, UK
Cahal McLaughlin, Professor, School of Creative Arts, Queen’s University Belfast, Northern Ireland
Araks Melkonyan, LLM Candidate, University of Essex, UK
Antonio Menna, PhD Candidate, Second University of Naples, Caserta, Italy
Naomi Mezey, Professor of Law, Georgetown University Law Center, USA
Michele Miravalle, PhD candidate, University of Torino, Italy
Sergio Moccia, Professor of Criminal Law, University Federico II, Naples, Italy
Kerry Moore, Lecturer, Cardiff University
Giuseppe Mosconi, Professor of Sociology, University of Padova, Italy
Usha Natarajan, Assistant Professor, Department of Law & Centre for Migration and Refugee Studies, The American University in Cairo, Egypt
Miren Odriozola Gurrutxaga, PhD Candidate, University of the Basque Country, Donostia – San Sebastián, Spain
Georgios Papanicolaou, Reader in Criminology, Teesside University, UK
Marco Pertile, Senior Lecturer in International Law,
Faculty of Law, University of Trento, Italy
Andreas Philippopoulos-Mihalopoulos, Professor of Law and Theory, LLM, The Westminster Law and Theory Centre, UK
Carli Pierson, Attorney at Law, USA
Antoni Pigrau Solé, Universitat Rovira i Virgili de Tarragona, Spain
Joseph Powderly, Assistant Professor of Public International Law, Leiden University, The Netherlands
Tony Platt, Visiting Professor of Justice Studies, San Jose State University, USA
Scott Poynting, Professor in Criminology, University of Auckland, New Zeeland
Chris Powell, Professor of Criminology, University S.Maine, USA
Bill Quigley, Professor, Loyola University, New Orleans College of Law, USA
John Quigley, Professor of Law, Ohio State University
Zouhair Racheha, PhD Candidate, University Jean Moulin Lyon 3, France
Laura Raymond, International Human Rights Advocacy Program Manager, CCR, New York, USA
Véronique Rocheleau-Brosseau, LLM candidate, Laval University, Canada
David Rodríguez Goyes, Lecturer, Antonio Nariño and Santo Tomás Universities, Colombia
Alessandro Rosanò, PhD Candidate, Università degli Studi di Padova, Italy
Jamil Salem, Director Institute of Law, Birzeit University, Palestine
Mahmood Salimi, LLM Candidate, Moofid University, Iran
Nahed Samour, doctoral fellow, Humboldt University, Faculty of Law, Berlin, Germany
Iain GM Scobbie, Professor of Public International Law, University of Manchester, UK
David Scott, Senior Lecturer in Criminology, Liverpool John Moores University, UK
Phil Scraton, Professor of Criminology, Belfast, Ireland
Rachel Seoighe, PhD Candidate, Legal Consultant, King’s College London, UK
Tanya Serisier, School of Sociology, Queen’s University Belfast, Northern Ireland
Mohammad Shahabuddin, PdD, Visiting researcher, Graduate School of International Social Sciences, Yokohama National University, Japan
Angeles Solanes-Corella, Professor of Law, Human Rights Institute, University of Valencia, Spain
Dean Spade, Seattle University School of Law, USA
Per Stadig, lawyer, Sweden
Chantal Thomas, Professor of Law, Cornell University, USA
Kendall Thomas, Nash Professor of Law, Columbia University, USA
Gianni Tognoni, Lelio Basso Foundation, Rome, Italy
Steve Tombs, Professor of Criminology, The Open University, UK
Paul Troop, Barrister, Garden Court Chambers, UK
Valeria Verdolini, Reader in Sociology, University of Milan, Italy
Francesca Vianello, University of Padova, Italy
Lydia Vicente-Márquez, Executive Director, Rights International Spain
Aimilia Voulvouli, Assistant Professor of Sociology, Fatih University, Turkey
Namita Wahi, Fellow, Centre for Policy Research, Dharma Marg, Chanakyapuri, New Delhi, India
Sharon Weill, PhD, Science Po, Paris/ CERAH, Geneva, Switzerland
Peter Weiss, Vice President of Centre for Constitutional Rights (CCR), New York, USA
David Whyte, Reader in Sociology, University of Liverpool, UK
Jeanne M. Woods, Henry F. Bonura, Jr. Distinguished Professor of Law, Loyola University College of Law, New Orleans, USA
William Thomas Worster, Lecturer, International Law, The Hague University of Applied Sciences, The Netherlands
Maung Zarni, Judge, PPT on Sri Lanka and Visiting Fellow, London School of Economics and Political Science

After July 28^th

Lindsay Adams, Barrister, London, U.K
Kasim Akbaş, Professor of Law, Anadolu Üniversitesi, Eskişehir,Turkey
Nidal al-Azza, lecturer in Refugee Law, Al-Quds University, Director of Badil Resource Center for Residency and Refugee Rights, Palestine
Reem Al-Botmeh, Institute of Law, Birzeit University, Palestine
Rouba Al-Salem, PhD candidate, faculty of Law, Montreal University, Canada
Koorosh Ameli, Former Judge, Iran-United States Claims Tribunal, The Hague, Netherlands
Rinad Abdulla, Lecturer in Human Rights Law and International Humanitarian Law, Birzeit University, Palestin Claims Tribunal
Mojgan Amrollahi Biuki, Human Rights Lawyer in Tehran, PhD candidate, Freiburg University, Freiburg i.Br., Germany
Alessandra Annoni, Senior Lecturer in International Law, University of Catanzaro, Italy
Javier Ansuátegui-Roig, Director, Human Rights Institute Bartolomé de las Casas, Charles III University of Madrid, Spain
Alicia Araujo Mendonca, Lawyer, London, UK
Maria Aristodemou, School of Law, Birkbeck College, USA
Huwaida Arraf, Attorney and Human Rights Advocate, New York, USA
Ayman Atef, LLM Ain Shams University, Egypt
Ufuk Aydin, Dean, Professor of Law, Anadolu Üniversitesi, Eskişehir,Turkey
Irene Baghoomians, Lecturer, Faculty of Law, University of Sydney, Australia
Ajamu Baraka, human rights activist and former director of the U.S. Human
Marzia Barbera, Professor of Law, University of Brescia, Italy, Rights Network (USHRN), USA
Faisal Bhabha, Assistant Professor, Osgoode Hall Law School of York University Toronto, Ontario, Canada
Onder Bakircioglu, Lecturer in Law, Queen’s University Belfast, Northern Ireland
Alonso Barros, PhD, Attorney at Law, Indigenous Peoples’ Human Rights Advocate, Chile
Asmaa Bassouri, PhD Candidate, Cadi Ayyad University, Marrakech, Morocco
Jinan Bastaki, Law PhD candidate, School of Oriental and African Studies, London, UK
Paolo Bertoli, Professor of International Law, University of Insubria, Como-Varese, Italy
Marta Bitorsoli, LLM, Irish Centre for Human Rights, Trial Clerk ICTY, The Hague, The Netherlands
Tessa Boeykens, Legal Researcher in Transitional Justice, Ghent University, Belgium
Audrey Bomse, Co-Chair, National Lawyers Guild Palestine Subcommittee, USA
Giorgio Bonamassa, Lawyer, Legal Team Italia, Lawyer
Marco Borraccetti, senior Lecturer in European Union Law, Alma Mater Studiorum-University of Bologna, Italy
Fatma Bouraoui, Lawyer, Tunisia
Bill Bowring, Barrister, Professor, Director of the LLM/MA in Human Rights, School of Law, Birkbeck, University of London, London, UK
John Burroughs, Executive Director, Lawyers Committee on Nuclear Policy, New York City, USA
Valentina Cadelo, Researcher, Geneva Academy of International Humanitarian Law and Human Rights, Geneva, Switzerland
Andrea Caligiuri, Senior Lecturer in International Law, University of Macerata, Italy
Alejandra Castillo Ara, Lawyer, PhD Candidate, Max Planck Institute for Foreign and International Criminal Law, Freiburg i.Br., Germany
Giovanni Cellamare, Professore of International Law, Faculty of Political Science, University of Bari, Italy
Emanuele Cimiotta, Assistant Professor of International Law, Law Faculty, University La Sapienza, Rome, Italy
Maivan Clech Lam, Professor Emerita, City University of New York Graduate Center, USA
Ziyad Clot, Lawyer, University of Paris II Assas and Sciences Po Paris, France
Marjorie Cohn, Professor of Law, Thomas Jefferson School of Law and former president, National Lawyers Guild, USA
Nicola Colacino, Associate Professor of International Law, University Niccolò Cusano, Rome, Italy
Judith Cole, Adjunct Professor of International Law, International University in Geneva (IUG), Geneva, Switzerland
Luigi Condorelli, Professor of International Law, University of Florence, Honorary Professor, University of Geneva, Switzerland/Italy
Aoife Corcoran, Human Rights Researcher, (UCL Human Rights graduate), London, United Kingdom
Francesco Costamagna, Assistant Professor of EU Law, University of Turin, Italy
Jamil Dakwar, International Human Rights Lawyer, New York, USA
Fredrik Danelius, LLM, former lecturer in international law, Lund University, Sweden, Oslo University, Norway, former editor-in-chief of Nordic Journal of International Law
Shane Darcy, lecturer, Irish Centre for Human Rights, National University of Ireland, Galway, Northern Ireland
Nasrin Dashty, Barrister, Associate Special Assistant, ICC, The Hague, The Netherlands
Birju M. Dattani, Barrister and PhD Student in International Law, SOAS University of London, UK
Gail Davidson, Director, Lawyers against the War, USA
Mark de Barros, Lecturer in Law, Université Paris II Panthéon, Assas/Attorney at Law, New York Bar, France/USA
Emanuele De Franco, Lecturer in Criminal Law, University Federico II, Solicitor, Naples, Italy
Javier De Lucas, Professor of Law, Human Rights Institute, University of Valencia, Spain
Fanny Declercq, LLM, Leiden University, The Hague, The Netherlands
Géraud de La Pradelle, Emeritus Professor International Law, France
Adele Del Guercio, Researcher in International Law, University L’Orientale, Naples, Italy
Cristina de la Serna-Sandoval, lawyer and human rights consultant, Spain
Francesca De Vittor, Researcher in International Law, Università Cattolica del Sacro Cuore, Milan, Italy
Saverio Di Benedetto, Senior Lecturer of International Law, Università del Salento, Italy
Mahmoud Dodeen, Lawyer and Professor of Law, Birzeit University, Palestine
Linn Döring, Lawyer, PhD Candidate, Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany
Pierre-Emmanuel Dupont, Member of the Hague Center for Law and Arbitration, Senior Lecturer at the Free Faculty of Law, Economics and Management, Paris, France
Isabel Düsterhöft, LL.M., Utrecht, M.A. Hamburg, Germany
Penelope Ehrhardt, MSt in International Human Rights Law Candidate, University of Oxford, UK
Lena El-Malak, PhD in Public International Law SOAS, Legal Counsel, UAE
Ali Ercan, Researcher and Intern at the OIC Mission to the United Nations, New York, USA
Siavash Eshghi, PhD candidate, SOAS University, London, UK
Marco Fasciglione, Researcher in International Law, International Institute for Legal Studies, Naples, Italian National Research Council, Italy
Matteo Fornari, Researcher in International Law, Faculty of Law, University of Milan-Bicocca, Italy
Francisco Forrest Martin, Former Ariel F. Sallows Professor of Human Rights, University of Saskatchewan, College of Law, Canada
Fabrizio Forte, PhD Candidate, University Federico II, Solicitor, Naples, Italy
Micaela Frulli, Associate Professor of International Law, University of Florence, Italy
Domenico Gallo, Judge, Italian Supreme Court, Rome, Italy
Cristina Garcia-Pascual, Professor of Law, Human Rights Institute, University of Valencia, Spain
Jose Antonio García-Saez, International Law Researcher, Human Rights Institute, University of Valencia, Spain
Andrés Gascón-Cuenca, PhD candidate, Human Rights Institute, University of Valencia, Spain.
Francesco M. Genovesi, Attorney at Law, Milan, Italy
Andrea Giardina, Emeritus Professor of International Law, University La Sapienza, Rome, Italy
Jérémie Gilbert, Reader in Law, University of East London, School of Law and Social Sciences, London, UK
Andrés Felipe Gómez Ariza, Colombia, Public International Law LLM candidate, University of Leicester, UK
Henning Grosse Ruse, PhD, Khan, King’s College, Faculty of Law, University of Cambridge, UK
Kelly L. Grotke, PhD, Affiliate Research Fellow, Erik Castrén Institute of International Law and Human Rights, University of Helsinki, Faculty of Law, Iceland
Kumaravadivel Guruparan, Lecturer, Department of Law, University of Jaffna, Sri Lanka
Mateenah Hunter, LLB (Wits), LLM Public Interest Law and Policy (UCLA), Attorney, South Africa
Ivan Ingravallo, Associate Professor of International Law, University of Bari, Italy
Issaaf Ben Khalifa, Lawyer, University of Carthage, Tunisia
Urfan Khaliq, Professor of International Law, Cardiff University, UK
Ahmed Amine Khamlichi, Investigator at the CNRS, France
Adilur Rahman Khan, Senior Advocate at Supreme Court of Bangladesh
Shoaib M. Khan, Solicitor, Human Rights activist, London, UK
Daniela Kravetz, International Criminal Justice and Gender Expert, The Hague, The Netherlands
Azra Kuci, Human Rights Lawyer, LLM Graduate, Geneva Academy of International Humanitarian Law and Human Rights, Bosnia and Herzegovina
Massimo La Torre, Professor of Law, University of Hull (UK), Catanzaro University, Italy
Roberto Lamacchia, Lawyer, President, Association Democratic Jurists, Turin, Italy
Michelle Landy, Solicitor, London, UK
Federico Lenzerini, Assistant Professor of International Law, University of Siena, Italy
Afsaneh Lotfizadeh, Human Rights Researcher (UCL LLM graduate), London, United Kingdom
Michael Lynk, Professor, Faculty of Law, Western University, London, Ontario, Canada
Osama Malik, Advocate, Islamabad High Court Bar Association, Pakistan
Marina Mancini, Senior Lecturer in International Law, Mediterranean University of Reggio Calabria, Italy
Ana Manero Salvador, Associate Professor of Public International Law, University Carlos III, Madrid, Spain
Fabio Marcelli, Research Director, Institute for International Legal Studies of the National Research Council, Rome, Bureau Member of IADL, Italy
GIlberto Pagani, Avvocato, Legal Team Italia,
Antonio Martínez Puñal, Professor of Public International Law, Universidade de Santiago de Compostela, Spain
Mari Matsuda Professor, William S. Richardson School of Law, USA
David McQuoid-Mason, Director, Centre for Socio-Legal Studies, University of KwaZulu-Natal, Durban, South Africa.
Maeve McMahon, Associate Professor, Law and Legal Studies, Carleton University, Ottawa, Canada
Ladan Mehranvar, PhD candidate in International Law, Faculty of Law, University of Toronto, Canada
Ezio Menzione, Lawyer, Legal Team Italia, Italy
Ruth Mestre, Professor of Law, Human Rights Institute, University of Valencia, Spain
Lies Michielsen, Lawyer Antwerp, Belgium
Jeanne Mirer, President, International Association of Democratic Lawyers
Bela Mongia, Human Rights Researcher, (UCL Human Rights student), London, United Kingdom
Lavinia Monti, PhD candidate in International Law and Human Rights, University La Sapienza, Rome, Italy
Gloria M. Moran, Professor of Law, Religion and Public Policy, UDC, Spain/USA
Giuseppe Morgese, Senior Lecturer in European Uninion Law, University of Bari, Italy
Raffaella Multedo, Lawyer, Legal Team Italia, Italy
Raymond Murphy, Professor of Law and Human Rights, Irish Centre for Human Rights, Galway, Northern Ireland
Francesca Mussi, PhD candidate in International Law, University of Milan- Bicocca, Italy
Egeria Nalin, Senior Lecturer in International Law, Faculty of Political Science, University of Bari Aldo Moro, Italy
Nina Navid, Human Rights Researcher, (UCL MA Human Rights graduate), London, U.K.
Mary Nazzal-Batayneh, Barrister, Palestine Legal Aid Fund, Amman, Jordan
Dorothy-Jean O’Donnell, Lawyer, Hope, British Columbia, Canada
Maria Irene Papa, Senior Lecturer in International Law, Faculty of Law, University La Sapienza, Rome, Italy
Facoltà di Giurisprudenza
Brad Parker, Attorney, Defence for Children International Palestine, USA
Gilberto Pagani, Lawyer, Milan, Italy
Brunilda Pali, Researcher, KU Leuven Institute of Criminology, Leuven, Belgium
Paolo Picone, Emeritus Professor of International Law, University La Sapienza, Rome, Member of Institut de Droit International, Member of Accademia Nazionale dei Lincei, Italy
Enrique Pochat, profesor de Derechos Humanos en la Universidad Nacional de Quilmes, Argentina
Giuseppe Puma – PhD, International Law, University La Sapienza, Rome, Italy
Antonio Martínez Puñal, Professor of Public International Law, University of Santiago de Compostela, Spain
Micòl Savia, human rights lawyer, permanent representative of the International Association of Democratic Lawyers (IADL) at the UN, Italy
Chiara Ragni, Senior Researcher and Assistant Professor of International Law, University of Milan, Italy
Michael Ratner, President Emeritus, Center for Constitutional Rights, New York, USA
Edel Reagan, LLM, Irish Center for Human Rights, Galway, Northern Ireland
Clara Rigoni, PhD Candidate, Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany
Sunčana Roksandić Vidlička, assistent lecturer Faculty of Law, University of Zagreb, PhD Candidate Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany
Yashvir Roopun, Barrister at Law, UK
Itziar Ruiz-Gimenez Arrieta, Lecturer of International Relations, University Autónoma of Madrid, Spain
Simeon A. Sahaydachny, LL.M in International Law, New Jersey, USA
Francesco Saluzzo, PhD candidate in International Law, University of Palermo, Italy
Laura Salvadego, research Fellow in International Law, University of Ferrara, Italy
Stephanie Schlickewei, Research Associate in Public International Law, University of Kiel, Germany
Smita Shah, Barrister, Garden Court Chambers, London, UK
Rasha Sharkia, Media Advisor, Israel/Palestine,UCL MA Human Rights graduate, London, UK.
Francesco Sindico, Reader in International Environmental Law, University of Strathclyde Law School, Glasgow, UK
Francisco Soberon, Director Fundador, Asociacion Pro Derechos Humanos (APRODEH), Lima, Peru
Angeles Solanes-Corella, Professor of Law, Human Rights Institute, University of Valencia, Spain
Mihira Sood, Human Rights Lawyer, Supreme Court of India, India
Marta Sosa Navarro, Lawyer and International Criminal Law researcher, PhD in International Criminal Law, Universidad Carlos III de Madrid, Spain
Pamela Spees, Senior Staff Attorney, Centre for Constitutional Rights, New York, USA
Euan Sutherland, CB, Barrister and Parliamentary Draftsman, London, UK
Patrice Tacita, Lawyer, Member of LKP, Guadeloupe
Dennis Töllborg, Professor in Legal Science, STIAS Fellow, University of Gothenburg, Sweden
Seline Trevisanut, Assistant Professor in International Law, University of Utrecht, The Netherlands.
Maïa Trujillo, Senior Programme Officer for International Law and Human Rights, The Hague, The Netherlands
Lydia Vicente-Márquez, Executive Director, Rights International Spain
Luisa Vierucci, Lecturer in International Law, university of Florence, Italy
Gianluca Vitale, Lawyer, Legal Team Italia, Italy
Daniela Vitiello, PhD, International Law and EU Law, University La Sapienza, Rome, Italy
Benjamin Vogel, Senior Researcher, Max Planck Institute for Foreign and International Criminal Law, Freiburg i. Br., Germany
B.J. Walker, Professor, University of Victoria, Canada, and PUC-Rio de Janeiro, Brazil
Burns H Weston, Bessie Dutton Murray Distinguished Professor of Law Emeritus and Senior Scholar, UI Center for Human Rights, The University of Iowa, USA
Laura Westra, PhD, University of Windsor, Canada – International Law
University Bicocca, Milan, Italy
John Whitbeck, Expert on International Law, former legal advisor, Palestinian Negotiation Team
Richard Wild, Lecturer, School of Law, University of Greenwich, UK
Pål Wrange, Professor of International Law, Stockholm University, Sweden

Selma Abdel Qader, LLM, SciencesPo, PSIA, Paris, France
Jacqueline Alsaid, LLM, freelance writer and Human Rights Activist, UK
Soumaya Ben Dhaou, PhD, Assistant Professor Nipissing University, ON, Canada
Francisco Bernete, Universidad Complutense de Madrid, Spain
Carla Biavati, Members of the IPRI – Institute for Peace Research, Italian branch
Linda Bimbi, International Section of the Lelio and Lisli Basso Foundation, Rome
Robert Bourque, Professor of Philosophy and Political Science, College de Thetford and UMCE University, Canada
Elpidio Capasso, Member of Naples City Council and lawyer, Italy
Joseph Chiume, Barrister, Malawi
Elena Coccia, Member of Naples City Council and lawyer, Italy
Esmeralda Colombo, Legal Practitioner, (LLM, College d’Europe), Milan, Italy
Antonio Crocetta, Member of Naples City Council and lawyer, Italy
Maurizio Cucci, Member of the IPRI – Institute for Peace Research, Italian branch
Simon Dalby, professor, Wilfrid Laurier University, USA
Luigi De Magistris, Mayor of Naples and former Judge, Italy
Silvia De Michelis, PhD candidate, University of Bradford, Department of Peace Studies, Bradford, UK
Gennaro Esposito, Member of Naples City Council and lawyer, Italy
Roja Fazaeli, Lecturer in Islamic Studies, Department of Near and Middle Eastern Studies, Trinity College Dublin, Ireland
Andrea Florence, Master in International Law (IHEID), Brazil
Alejandro Forero, Researcher, Observatory on Penal System and Human Rights University of Barcelona, Spain
César Alejandro González Carrillo, Master in law
Universidad de Guadalajara, Guadalajara, Jalisco, México
Héctor Grad, Associate Professor, Social Anthropology, University Autónoma, Madrid, Spain
Cristina Greco, PhD in Semiotics, Department of Communication and Social Research, Rome University Sapienza, Italy
Sondra Hale, Research Professor and Professor Emerita, Anthropology and Gender Studies, UCLA; and Coordinator, California Scholars for Academic Freedom, USA
Remzi Halil, LLB, UK
Naomi Head, Lecturer in Politics, University of Glasgow, UK
Carlo Iannello, Member of Naples City Council and lawyer, Italy
Mahmood M. Jaludi, Rutgers University, Newark, New Jersey, USA
Rabania Khan, LLB, UK
Ronald C. Kramer, Professor of Sociology and Criminology, Western Michigan University, USA
Charles H. Manekin, Professor of Philosophy, University of Maryland, USA
Sarah Maranlou, Independent Legal Researcher, UK
Lloyd K. Marbet, Executive Director, Oregon Conservancy Foundation, USA
Miriam McColgan, Solicitor (Lawyer), Dublin, Ireland
Giuseppe Nesi, Dean of the Law School, University of Trento, Italy
Alba Nogueira López, Associate Professor of Administrative Law, University of Santiago de Compostela, Spain
Francis Oeser, Poet, London, UK
Sarah Pallesen, MA Social Anthropology of Development, School of Oriental and African Studies (SOAS), University of London, UK
Daniele Perissi, LL.M Graduate, Geneva Academy of International Humanitarian Law and Human Rights, Italy
Raffaele Porta, Professor, Chemical Sciences, University Federico II, Naples Italy
Nicola Quatrano, Judge, OSSIN – International Observatory on Human Rights, Italy
Minhaj Quazi, B.Com(Hons) M.Com, LL.B.
Rezaur Rahman Lenin, Executive Director, Law Life Culture, Bangladesh
Jale Reshat, Solicitor, UK
Dario Rossi, Lawyer, Italy
Marco Russo, Member of Naples City Council and lawyer, Italy
Ghassan Shahrour, MD
Lloyd Schneider, Retired Minister, United Church of Christ, Delegate to General Synod 2015, Tuolumne, California, USA
Gene, Schulman, Former senior editor, Overseas American Academy, Geneva, Switzerland
Salvatore Talia, graduate in law, Università degli Sudi di Milano, Italy
Carlo Tagliacozzo, Human Rights Activist, Turin, Italy
Jeanne Theoharis, Distinguished Professor of Political Science, Co-Founder of Educators for Civil Liberties , Brooklyn College of CUNY, New York, USA
Ismail Waheed, Lecturer, Institute of Islamic Studies, Maldives
Paul Wapner, Professor, School of International Service, American University, USA
Saïd Zulficar, Network for Colonial Freedom

Tags: collective punishment, Gaza, international law, Israel

Comments 133 Comments
Categories collective punishment, Gaza, International & Global Law, Israel/Palestine

Gaza Interview- Truthout

24 Jul

[Prefatory note: This is an interview with a knowledgeable Greek journalist covering a range of issues associated with the Gaza ordeal]

“Blood on American Hands”: Richard Falk on Palestine

Monday, 21 July 2014 13:03

By CJ Polychroniou, Truthout | Interview

A man holds the body of a child during a burial for a family of seven people killed yesterday in an Israeli attack in the Shajaiya neighborhood of Gaza City, July 21, 2014. As the bloody conflict entered its 14th day amid diplomatic pressure for a cease-fire, the Palestinian death toll reached 500, and thousands of people streamed toward Gaza City from the north Monday. (Photo: Tyler Hicks / The New York Times)

For over 20 years, Israel and the United States have been working to separate Gaza from the West Bank, in violation of the Oslo Accords they had just signed declaring them to be an indivisible territorial unity. The latest carnage in Gaza is part of an ongoing Israeli imperial policy which, as Noam Chomsky wrote to me just a couple of days ago, seeks “to take over what’s of value ‘in the land of Israel,’ reduce the population to marginal existence (with the usual neocolonial exception: an enclave for the rich and Westernized sectors in Ramallah), and if they leave, so much the better.” But, as Richard Falk, Albert G. Milbank professor emeritus of international law at Princeton University, former UN special rapporteur for Occupied Palestine, and author of the forthcoming book Palestine: The Legitimacy of Hope, which will be published in October by Just World Books, underscores in this exclusive interview, Israel always claims that its attacks against Palestinians are provoked by the Palestinians themselves.

J. Polychroniou: Professor Falk, here we go again: Israel, one of the world’s mightiest military powers, has launched yet another ground offensive into the Gaza Strip on the rather bogus proposition that Hamas provoked Israel to attack Gaza. What is Israel’s real purpose in attacking Gaza this time around?

Richard Falk: I believe that Israel periodically “mows the grass” in Gaza as one right-wing Israeli advisor to Sharon distastefully expressed the goal of Israel policy toward Gaza several years ago. There were factors present in the context of this Israeli attack that help explain why now. The main two factors in my view were the unwelcome establishment of an interim “unity government” on June 2 by the leadership of Fatah and Hamas, which undermined the Israeli approach of keeping the governing authorities in the West Bank and Gaza as divided as possible. The second element was Israel’s strong incentive to weaken Hamas in the West Bank so that Israel could justify its moves in April to end direct negotiations with the Palestinian Authority and move ever closer to incorporating the West Bank, or most of it into Israel, and fulfill the expansionist Zionist dream to move beyond the 1967 borders.

The June 12 kidnapping incident involving the three teenage settler children from the Gush Etzion settlement near Jerusalem provided the Netanyahu government with the pretext it needed to mount an anti-Hamas campaign that started as a supposed hunt for the perpetrators, detaining up to 500 suspected of a Hamas connection and generally imposing a variety of oppressive measures, including house demolition, lockdowns of Palestinian towns, and random violence that led to six Palestinian deaths. As has been shown, the incident was manipulated in a most cynical fashion by the government pretending to search for the kidnapped youth, while knowing that they were already dead, using public anxiety and anger to incite the Israeli citizenry to justify the oppressive tactics of the government and to create an atmosphere of vigilante vengeance.

Having denied any involvement in the kidnapping incident, it is hardly surprising that in retaliation for Israel’s provocations that Hamas in retaliation began firing rockets at Israeli towns. Israel used its formidable propaganda machine to tell the world that its third major military assault on defenseless Gaza in the last five years (2008-09, 2012, 2014) was a defensive response to unprovoked rocket attacks. With mock innocence, Netanyahu told the world that Israel needed to act to protect its citizens from the rockets, without any mention, of course, of the prior anti-Hamas rampage that included ugly Israeli racist slurs directed at the Palestinians and revenge attacks on Palestinian children.

Why did the ceasefire negotiations in Cairo fail?

The ceasefire failed for several reasons. Hamas was excluded from the process leading up to the proposed ceasefire, and was informed only by the public media. Beyond this, the previously announced Hamas conditions for agreeing to a ceasefire were ignored: release of Palestinians who had been part of the Gilad Shalit prisoner exchange three years ago (in which a single captured IDF soldier was released in exchange for the agreed Israeli release of 1,027 Palestinian prisoners) and were rearrested in recent weeks as part of the crackdown on Hamas; lifting the blockade and opening the crossings; cease interference with the unity government; restore the 2012 ceasefire. Also, Sisi’s Egypt is hardly a suitable or trustworthy intermediary from Hamas’ perspective. Not far in the background is the brutal repression of the Muslim Brotherhood in Egypt, and related hostility to Hamas, which is regarded by the Sisi government as an offshoot.

Would Israel have launched an attack if the new Egyptian government was not also bent on seeing Hamas destroyed?

This is a very speculative issue. Israel did initiate a major attack on Gaza in November 2012 while Mohamed Morsi was president despite his affiliation with the Muslim Brotherhood, and did then accept a ceasefire arranged under Cairo’s diplomatic auspices. Having General Abdel Fattah el-Sisi as president of Egypt is certainly a favorable development from Israel’s perspective. Sisi has substantially destroyed the extensive tunnel network on which Hamas depended to receive needed supplies as well as to collect tax revenues required to administer Gaza. Egypt in recent months has been cooperating with Israel and the United States, including in relation to control of the passage through the Rafah crossing to Egypt, which is the only escape route available to the people of Gaza, including those needing medical attention only available in Cairo. I believe that the Israeli attack occurred at this time principally for reasons of Israeli state policy, and would have taken place without regard to the attitudes of the leadership in Cairo.

With 1.8 million people trapped in an overcrowded war zone, it should be obvious that the Israeli jets’ attacks constitute a blatant violation of international humanitarian law. Yet, once again, Israel is allowed to get away with murder because it enjoys US diplomatic backing as well as US military and financial support. As such, doesn’t this make the United States just as complicit in crimes against humanity as Israel itself?

I do agree that the United States for the reasons you give is definitely complicit in relation to the criminal nature of the Israeli attack. Whether this kind of complicity involves legal culpability, as well as moral and political complicity is an open question. The United States is not, so far as is known, directly involved in planning and carrying out this “aggression” against Gaza and “collective punishment” against its people. Giving military assistance or providing military equipment to a foreign government does not by itself constitute a sufficient connection with the attack as to satisfy legal tests of complicity.

What is clear is that the continuing and unconditional diplomatic support given by the US to Israel, including shielding Israel from formal censure at the UN, and the failure to discourage war crimes being committed, results in much blood on American hands. Activist opponents of this American policy are now more committed to calling upon churches and universities to divest from corporations doing business with the settlements or facilitating Israeli militarism, and there are increasing national and international calls for an arms embargo on Israel, which would be of mainly symbolic force, given Israel’s robust arms industry, which is supplying weapons to many countries, with the grotesque selling point that they have been “field-tested,” that is, used, in Gaza.

Hamas has been faced with a similar situation before, yet, every time it gets into a military confrontation with Israel, it seems to be emerging stronger than before. Should we expect things to be any different this time around?

It is difficult at this point to say. What the encounter did reveal was that Hamas and other militias in Gaza have a considerable supply of longer-range missiles able to strike any city in Israel, including Jerusalem and Tel Aviv. It also seems that Israel’s reliance on air attacks and naval shelling was not able to curtail the numbers of rockets being fired. True, despite firing more than 1,000 rockets, no Israeli has yet been killed by a Palestinian rocket (apparently the only Israeli so far killed died from a mortar shell fired from Gaza while he was rushing to a shelter, an option Gazans do not have) [as of interview conducted on July 19]. At the same time, the psychological and political effects of being unable to stop the launch of rockets has damaged Israeli prestige, and may push it to pursue more ambitious goals than destroying tunnels into Israel from Gaza, the stated objective of Operation Protective Edge, the code name Israel has given for its military operation. The high proportion of civilians among the Palestinian casualties (75 to 80 percent) also suggests that Hamas has become more sophisticated in protecting its militants from Israeli firepower as compared to the results of the two earlier attacks.

Of course, to the extent that Israel is politically weaker, Hamas emerges stronger, withstanding the mighty Israeli military onslaught, demonstrating resilience under the most difficult circumstance, and mounting stubborn resistance that frustrates Israel’s announced war goals.

Has Israel become a “fundamentalist” state, betraying all dreams and aspirations that led to its original founding?

I think Israel has definitely moved gradually in the direction of a maximalist understanding of the Zionist project, which is now quite clearly intended to exercise permanent sovereign control over “Judea and Samaria,” what the world knows as “the West Bank.” The new president of Israel, Reuven Rivlin, due to take over very soon from Shimon Peres, belongs to the right wing of Netanyahu’s Likud Party. He is an undisguised advocate of an enlarged Israel that claims the whole of biblical Palestine and repudiates all diplomacy associated with establishing peace on the basis of a Palestinian state, in effect, a one-state approach with Palestinians as permanent minority. Additionally, the Israel of today has moved far to the right; many Israelis have developed a consumerist mentality, and the conflict with Palestine, except during crises as at present, has posed serious threats in recent years to the stability and serenity of the country. Also, due to high fertility rates and the importance of the settler movement, religious Judaism has been playing a larger role, and injects a certain measure of religious extremism and ethnic intolerance into Israeli political and social life.

The two-state solution, long proposed by supporters of the Palestinian cause, including the late Edward Said, seems to be a dead end – at least in my own eyes. Do you agree with this assessment, and, if so, what is the alternative for securing lasting peace among Israelis and Palestinians?

To clarify Edward Said’s position: He did favor for a time in the late 1980s, as did the PLO, the two-state solution, but in the last years of his life he strongly endorsed a single, secular bi-national state as the only workable arrangement allowing the two peoples to live together in peace and dignity. Said rejected the idea of an ethnic state for either people, and believed that Zionist claims to have a Jewish state in historic Palestine would never result in a just and sustainable peace that acknowledged Palestinian rights under international law, including the right of return and equality for the Palestinian minority living in Israel.

I share Said’s latter assessment, and believe that the scale and resolve of the settlers is such as to make their removal politically impossible. For this reason, I have opposed the sort of direct negotiations that the US Secretary of State, John Kerry, pushed so hard a year ago as creating false expectations and artificial pressures. The political preconditions for two states with equal sovereign rights living side by side definitely do not presently exist, and may never have existed. To negotiate with that awareness of futility is to play Israel’s game of endless talks, while the building cranes in the settlements continue their unlawful work at an accelerated pace. Time has never been kind to the Palestinians. Their territorial prospects have been continuously diminished and have now reached the point of a virtual zero. Recall that the UN partition plan in 1947 seemed unfair to the Palestinians when it offered them only 45 percent of Palestine, which then was reduced to 22 percent by the outcome of the 1948 war, and related expulsion of the Palestinians, and still further by “the facts on the ground” (settlements, wall, settler only roads) steadily created since 1967.

The best hope of the Palestine national movement at this time is to proceed via a unity government, also engaging the refugee and exile community of 7 million, by working together with the global solidarity movement that is growing rapidly. In other words Palestinian prospects in the future will depend on the continued mobilization of global civil society to support nonviolent coercive action on a worldwide scale. The BDS (Boycott, Divestment, and Sanctions) campaign has been growing at a rapid rate recently, with analogies to the anti-apartheid struggle that toppled a racist regime in South Africa against all odds and expectations becoming more relevant. This shift in Palestinian tactics in the direction of what I have called “waging a legitimacy war” seems reinforced in its plausibility by the growing global outrage in response to Israel tactics, especially in callous disregard of Palestinian civilian innocence.

CJ POLYCHRONIOU

C.J. Polychroniou is a research associate and policy fellow at the Levy Economics Institute of Bard College and a columnist for a Greek daily national newspaper. His main research interests are in European economic integration, globalization, the political economy of the United States and the deconstruction of neoliberalism’s politico-economic project. He has taught for many years at universities in the United States and Europe and is a regular contributor to Truthout as well as a member of Truthout’s Public Intellectual Project. He has published several books and his articles have appeared in a variety of journals and magazines. Many of his publications have been translated into several foreign languages, including Greek, Spanish, Portuguese and Italian.

The views expressed in this article do not necessarily represent those of the Levy Economics Institute or those of its board members.

Tags: ceasefire, Gaza, international law, Israel, Netanyahu

Comments 21 Comments
Categories Gaza, Human Rights, Israel/Palestine

Doing Business with Israel: Increasingly Problematic

20 Jun

[Note: Published below is a letter prepared by the European Coordination of Committee and Associations for Palestine (ECCP) and endorsed by John Dugard, Michael Mansfield, Eric David, and myself; it urges adherence to guidelines relating to corporate and financial activity with unlawful economic activities in Israel and occupied Palestine, and is guided by principles similar to the BDS campaign; it is notable that on June 20th the General Assembly of the Presbyterian Church by a close vote (310-303) voted to divest itself of $21 million dollars worth of shares in three corporations (Motorola Solutions, Hewlett-Packard, Caterpillar) engaged in legally and morally objectionable activities supportive of Israel’s occupation of Palestine. There is a growing momentum associated with this new nonviolent militancy associated with the global solidarity movement supportive of the Palestinian struggle to gain a just peace, including realization of rights under international law. This nonviolent turn is being directly challenged by the rise of ISIS in the region that relies on unrestrained violence and promises the liberation of Palestine.]

European Coordination of Committees and Associations for Palestine (ECCP)

On 24-26 June, 37 European companies from 11 EU Member States will travel to Israel as a part of an EU led “Mission for growth” project that aims to “promote partnerships between Israeli and European companies  active in sectors identified as leading and developing industries in Israel.” Among Israeli companies participating in the “Mission for growth” are those deeply complicit in Israel’s occupation and apartheid policy. The previous delegation of “Mission for growth” took place on 22-23 October last year in Israel, where 97 european companies from 23 EU Member States meet with 215 Israeli companies from the different industrial sectors. In this open letter supported by Richard Falk, John Dugard, Michael Mansfield and Eric David, ECCP member organisations call on the European companies to abandon their plans to be involved in the project. Letter to the participants of EU led “Mission for growth”: We, the undersigned members of ECCP – the European Coordination of Committees and Associations for Palestine (ECCP) – a leading network of 47 organisations, NGO’s, unions and human rights organisations from 21 European countries are writing to you about your company’s participation in the recent EU-led mission to Israel named “Mission for growth” with the stated purpose of forging business ties with Israeli companies.

We are writing to make you aware about the legal, economic and reputational consequences to your business if these deals go ahead. According to the Israeli research center, WhoProfits, Israeli participants in “Mission for growth” programme directly contribute to and are complicit in acts that are illegal under international law. For example Elbit Systems, an Israeli military company is involved in the ongoing construction of Israel’s Wall, ruled illegal by the International Court of Justice in 2004.(see Annex) Recognizing these grave violations in 2009, Norway’s sovereign wealth fund divested from Elbit Systems.1 We would like to remind you that business involvement in Israel contains legal implications. According to international law as applied in the 2004 International Court of Justice advisory opinion on Israel’s wall and settlements, third party states are violating their own obligations to not recognize nor render aid or assistance to these serious Israeli violations by allowing financial and economic activity with complicit entities. Since last year, the government of the Netherlands have taken the proactive step to warn companies domiciled in its territory of the legal implications of ties with Israeli companies with activities in the occupied territories. As a result, Vitens, the Netherlands’ largest water supplier, broke an agreement with Mekorot, Israel’s public water company, due to its role in plundering water from Palestinian aquifers in the West Bank.2

PGGM, the largest Dutch pension fund followed suit and divested from all Israeli banks due to “their involvement in financing Israeli settlements.”3 The UN Guiding Principles on Business and Human Rights, supported by the EU and adopted by the UN Human Rights Council, explain that businesses must respect human rights and international humanitarian law. The Principles also urge states to withdraw support and not procure services from companies that persistently violate human rights.4 In September 2012, the UN General Assembly adopted a report on corporate complicity related to the illegal Israeli settlements by Richard Falk, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. The report urges states to take steps to hold businesses accountable for their participation in Israeli violations of international law and to take steps to end business involvement in illegal Israeli settlements5 In March 2013, UN Human Rights Council adopted the report of the Independent Fact Finding Mission on the Israeli settlements. The Fact Finding Mission affirmed that involvement in settlement activities falls under the jurisdiction of the ICC and may result in criminal responsibility. Almost all Israeli companies are deeply complicit, directly or indirectly, in the oppression of Palestinians including its IT sector by drawing expertise from Israel’s military complex and Israel’s manufacturing companies, some based in settlements, with distribution outlets in settlements, helping to sustain them. By participating in the project and cooperating with Israeli companies involved in illegal Israeli settlements and military industry your company would be making a political decision to become deeply complicit with Israel’s violations of international law and Israel’s oppression of Palestinian rights. As such, your company would become a legitimate target for popular boycotts, divestments, protests and sustained campaigns to penalize your involvement and causing you economic losses similar to the loses already inflicted on French-company Veolia for its involvement in the settlement enterprise and British security company G4S6. The Boycott, Divestment and Sanctions (BDS) movement, from which we draw our strength, has been growing at the global level since its launch in 2005 of which the Economist magazine says it “is turning mainstream.”7 The BDS movement has consistently targeted complicit Israeli and international corporations — involved in Israel’s occupation, settlements and other international law infringements — such as SodaStream, G4S, Ahava, Mekorot, Elbit, Veolia, Caterpillar, Africa Israel, all Israeli banks, among others, with significant success and enormous reputational risks8. We will therefore monitor your company for business ties with Israel and urge you to abandon potential plans to cooperate with Israeli companies violating international law and human rights. Sincerely , European Coordination of Committees and Associations for Palestine (ECCP)

Endorsed by: Richard Falk -UN Human Rights Council Special Rapporteur for Palestine, 2008-2014 and Milbank Professor of International Law, Emeritus, Princeton University John Dugard – Professor Emeritus, University of Leiden, Former UN Special rapporteur on the situation of Human rights in the occupied palestinian Territory Michael Mansfield – Professor of Law, President of the Haldane Society and Amicus; practising Human Rights lawyer for 45 years Eric David – Law Professor, Free University of Brussels

*****************

Annex: Israeli participants in “Mission for growth” project violating human rights and international law –

Ahava Dead Sea Laboratories – a private Israeli cosmetics corporation which operates from the occupied West Bank. Ahava is the only company which sells Dead Sea cosmetics and islocated in the occupied area of the Dead Sea. The Ahava factory and visitors’ center is located in the Mitzpe Shalem settlement, on the shore of the Dead Sea in the occupied part of the Jordan Valley and a large percentage of Ahava shares are held by two Israeli West Bank settlements.

9 – Afcon Holdings– The group engages in the design, manufacture, integration and marketing of electro-mechanical and control systems. A subsidiary of the group – Afcon Control and Automation has supplied CEIA metal detectors to Israeli military checkpoints in the occupied Palestinian territories; such as the Hebron Machpela Cave Checkpoint, the Beit Iba checkpoint and the Erez Terminal in Gaza, as well as checkpoints in the occupied Jordan Valley. Additionally, in 2009 the Afcon has supplied services to the Jerusalem light train project, which connects the settlement neighbourhoods in occupied East Jerusalem with the city center. The company also supplies services to the Israeli Army, Israeli prison service and the Israeli police.

10 – El-Go Team – Provider of security gates. Vehicle gates and turnstiles of the company are installed at Qalandia, Huwwara and Beit Iba checkpoints restricting the occupied Palestinian population movement in the occupied territory.

11 – Elbit Vision Systems – the company manufactured electronic surveillance systems (LORROS cameras) to the separation wall project in the Ariel section. The company is a wholly owned subsidiary of Elbit Systems.

12 – Gila satellite network– Provider of satellite communication services. Antennas of the company are installed in checkpoints across the West Bank: Azzun Atma, Beit Iba and Anata – Shu’afat refugee camp. The company has also provided the Israeli Army with the VAST (very small aperture terminal) satellite communications system. Several satellite dishes were installed on armoured personnel carriers.

13 – Netafim – A global private company of irrigation technology, which also provides services and training to farmers and agriculture companies around the world. The company provides irrigation technologies and services to the settlements’ regional council of Mount Hebron and the settlement of Maskiut. The company’s employees volunteered in the Israeli army’s combat unit Oketz. The company employs 4000 employees, owns 16 manufacturing factories in 11 states and over 27 subsidiaries and representatives in over 110 countries. – LDD Tech – provides services to gas stations in settlements in the West Bank and in East Jerusalem.

1 http://online.wsj.com/news/articles/SB125197496278482849

2 http://www.haaretz.com/news/diplomacy-defense/.premium-1.562769

3 https://www.pggm.nl/english/what-we-do/Documents/Statement%20PGGM%20exclusion%20Israeli%20banks.pdf

4 http://www.business-humanrights.org/UNGuidingPrinciplesPortal/TextUNGuidingPrinciples

5 http://www.un.org/apps/news/story.asp?NewsID=43376#.UZH-eSvWyqw

6 http://www.bloomberg.com/news/2014-06-06/gates-foundation-sells-stake-in-u-k-security-company-g4s.html

7 http://www.economist.com/news/middle-east-and-africa/21595948-israels-politicians-sound-rattled-campaign-isolate-their-country

8 http://mondoweiss.net/2014/05/barclays-downgrades-sodastream.html

9 http://www.whoprofits.org/company/ahava-dead-sea-laboratories

10 http://www.whoprofits.org/company/afcon-holdings

11 http://www.whoprofits.org/company/el-go-team

12 http://www.whoprofits.org/company/elbit-systems

13 http://www.whoprofits.org/company/gilat-satellite-networks

Tags: corporate responsibility, EU, international law, Israel, Mission for Growth

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Categories Uncategorized, United Nations, Unity Government, West Point, world order, World Politics

Doing Business with Israel: Increasingly Problematic

20 Jun

[Note: Published below is a letter prepared by the European Coordination of Committee and Associations for Palestine (ECCP) and endorsed by John Dugard, Michael Mansfield, Eric David, and myself; it urges adherence to guidelines relating to corporate and financial activity with unlawful economic activities in Israel and occupied Palestine, and is guided by principles similar to the BDS campaign; it is notable that today the Presbyterian Church by a close vote (310-303) voted to divest itself of shares in three corporations engaged in legally and morally objectionable activities in Israel. There is a growing momentum associated with this new nonviolent militancy associated with the global solidarity movement supportive of the Palestinian struggle to gain a just peace, including realization of rights under international law.]

European Coordination of Committees and Associations for Palestine (ECCP)

The previous delegation of “Mission for growth” took place on 22-23 October last year in Israel, where 97 european companies from 23 EU Member States meet with 215 Israeli companies from the different industrial sectors.

In this open letter supported by Richard Falk, John Dugard, Michael Mansfield and Eric David, ECCP member organisations call on the European companies to abandon their plans to be involved in the project.

Letter to the participants of EU led “Mission for growth”:

We, the undersigned members of ECCP – the European Coordination of Committees and Associations for Palestine (ECCP) – a leading network of 47 organisations, NGO’s, unions and human rights organisations from 21 European countries are writing to you about your company’s participation in the recent EU-led mission to Israel named “Mission for growth” with the stated purpose of forging business ties with Israeli companies.

We are writing to make you aware about the legal, economic and reputational consequences to your business if these deals go ahead.

According to the Israeli research center, WhoProfits, Israeli participants in “Mission for growth” programme directly contribute to and are complicit in acts that are illegal under international law. For example Elbit Systems, an Israeli military company is involved in the ongoing construction of Israel’s Wall, ruled illegal by the International Court of Justice in 2004.(see Annex) Recognizing these grave violations in 2009, Norway’s sovereign wealth fund divested from Elbit Systems.1

We would like to remind you that business involvement in Israel contains legal implications. According to international law as applied in the 2004 International Court of Justice advisory opinion on Israel’s wall and settlements, third party states are violating their own obligations to not recognize nor render aid or assistance to these serious Israeli violations by allowing financial and economic activity with complicit entities. Since last year, the government of the Netherlands have taken the proactive step to warn companies domiciled in its territory of the legal implications of ties with Israeli companies with activities in the occupied territories. As a result, Vitens, the Netherlands’ largest water supplier, broke an agreement with Mekorot, Israel’s public water company, due to its role in plundering water from Palestinian aquifers in the West Bank.2 PGGM, the largest Dutch pension fund followed suit and divested from all Israeli banks due to “their involvement in financing Israeli settlements.”3

The UN Guiding Principles on Business and Human Rights, supported by the EU and adopted by the UN Human Rights Council, explain that businesses must respect human rights and international humanitarian law. The Principles also urge states to withdraw support and not procure services from companies that persistently violate human rights.4

In September 2012, the UN General Assembly adopted a report on corporate complicity related to the illegal Israeli settlements by Richard Falk, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. The report urges states to take steps to hold businesses accountable for their participation in Israeli violations of international law and to take steps to end business involvement in illegal Israeli settlements5

In March 2013, UN Human Rights Council adopted the report of the Independent Fact Finding Mission on the Israeli settlements. The Fact Finding Mission affirmed that involvement in settlement activities falls under the jurisdiction of the ICC and may result in criminal responsibility.

Almost all Israeli companies are deeply complicit, directly or indirectly, in the oppression of Palestinians including its IT sector by drawing expertise from Israel’s military complex and Israel’s manufacturing companies, some based in settlements, with distribution outlets in settlements, helping to sustain them.

By participating in the project and cooperating with Israeli companies involved in illegal Israeli settlements and military industry your company would be making a political decision to become deeply complicit with Israel’s violations of international law and Israel’s oppression of Palestinian rights.

As such, your company would become a legitimate target for popular boycotts, divestments, protests and sustained campaigns to penalize your involvement and causing you economic losses similar to the loses already inflicted on French-company Veolia for its involvement in the settlement enterprise and British security company G4S6. The Boycott, Divestment and Sanctions (BDS) movement, from which we draw our strength, has been growing at the global level since its launch in 2005 of which the Economist magazine says it “is turning mainstream.”7

The BDS movement has consistently targeted complicit Israeli and international corporations — involved in Israel’s occupation, settlements and other international law infringements — such as SodaStream, G4S, Ahava, Mekorot, Elbit, Veolia, Caterpillar, Africa Israel, all Israeli banks, among others, with significant success and enormous reputational risks8.

We will therefore monitor your company for business ties with Israel and urge you to abandon potential plans to cooperate with Israeli companies violating international law and human rights.

Sincerely ,

European Coordination of Committees and Associations for Palestine (ECCP)

Endorsed by:

Richard Falk -UN Human Rights Council Special Rapporteur for Palestine, 2008-2014 and Milbank Professor of International Law, Emeritus, Princeton University

John Dugard – Professor Emeritus, University of Leiden, Former UN Special rapporteur on the situation of Human rights in the occupied palestinian Territory

Michael Mansfield – Professor of Law, President of the Haldane Society and Amicus; practising Human Rights lawyer for 45 years

Eric David – Law Professor, Free University of Brussels

*****************

Annex:

Israeli participants in “Mission for growth” project violating human rights and international law

– Ahava Dead Sea Laboratories – a private Israeli cosmetics corporation which operates from the occupied West Bank. Ahava is the only company which sells Dead Sea cosmetics and islocated in the occupied area of the Dead Sea. The Ahava factory and visitors’ center is located in the Mitzpe Shalem settlement, on the shore of the Dead Sea in the occupied part of the Jordan Valley and a large percentage of Ahava shares are held by two Israeli West Bank settlements.9

– Afcon Holdings– The group engages in the design, manufacture, integration and marketing of electro-mechanical and control systems. A subsidiary of the group – Afcon Control and Automation has supplied CEIA metal detectors to Israeli military checkpoints in the occupied Palestinian territories; such as the Hebron Machpela Cave Checkpoint, the Beit Iba checkpoint and the Erez Terminal in Gaza, as well as checkpoints in the occupied Jordan Valley. Additionally, in 2009 the Afcon has supplied services to the Jerusalem light train project, which connects the settlement neighbourhoods in occupied East Jerusalem with the city center. The company also supplies services to the Israeli Army, Israeli prison service and the Israeli police.10

– El-Go Team – Provider of security gates. Vehicle gates and turnstiles of the company are installed at Qalandia, Huwwara and Beit Iba checkpoints restricting the occupied Palestinian population movement in the occupied territory.11

– Elbit Vision Systems – the company manufactured electronic surveillance systems (LORROS cameras) to the separation wall project in the Ariel section. The company is a wholly owned subsidiary of Elbit Systems.12

– Gila satellite network– Provider of satellite communication services. Antennas of the company are installed in checkpoints across the West Bank: Azzun Atma, Beit Iba and Anata – Shu’afat refugee camp. The company has also provided the Israeli Army with the VAST (very small aperture terminal) satellite communications system. Several satellite dishes were installed on armoured personnel carriers.13

– Netafim – A global private company of irrigation technology, which also provides services and training to farmers and agriculture companies around the world. The company provides irrigation technologies and services to the settlements’ regional council of Mount Hebron and the settlement of Maskiut. The company’s employees volunteered in the Israeli army’s combat unit Oketz. The company employs 4000 employees, owns 16 manufacturing factories in 11 states and over 27 subsidiaries and representatives in over 110 countries.

– LDD Tech – provides services to gas stations in settlements in the West Bank and in East Jerusalem.