Category: International Law

UK economic links with Israeli settlements

A new comprehensive report by the Dutch research group Profundo – prepared for the Sir Joseph Hotung Programme for Law, Human Rights and Peace Building in the Middle East, SOAS – details the economic ties of a long list of British companies to Israeli settlements and other breaches of international law committed by the Israeli state. An indespensable resource for those engaged in the BDS campaign. Here is the edited summary of the full report:

Since June 1967, Israel has occupied the West Bank (including East Jerusalem), the Gaza Strip and the Golan Heights. These territories are beyond the “Green Line,” which is accepted as the provisional, de facto border of Israel, until the successful conclusion of the Middle East peace process confirms its permanent international frontiers. Israel has established civilian settlements in these occupied territories, which is illegal according to international law. The creation of these settlements is in violation of Israel’s obligations under the Fourth Geneva Convention of 1949 which was adopted to protect civilians during armed conflict. This was known by Israel in 1967 when the then-Israeli government first considered establishing civilian settlements in the territories it had captured during the 1967 War. Israel’s settlements in the Gaza Strip were dismantled in August 2005. In the West Bank and the Golan Heights, however, settlements are expanding and new ones are being established in breach of international law and, in relation to the West Bank, the Road Map.

Continue reading “UK economic links with Israeli settlements”

US Torture: Voices from the Black Sites

Based on a leaked International Committee of the Red Cross report, containing testimonies by 14 “High Value Detainees” captured during the course of 2002 by US forces, Mark Danner reports about the “the ill-treatment to which they were subjected while held in the CIA program” which “either singly or in combination, constituted torture” and “cruel, inhuman or degrading treatment.”

We think time and elections will cleanse our fallen world but they will not. Since November, George W. Bush and his administration have seemed to be rushing away from us at accelerating speed, a dark comet hurtling toward the ends of the universe. The phrase “War on Terror”—the signal slogan of that administration, so cherished by the man who took pride in proclaiming that he was “a wartime president”—has acquired in its pronouncement a permanent pair of quotation marks, suggesting something questionable, something mildly embarrassing: something past. And yet the decisions that that president made, especially the monumental decisions taken after the attacks of September 11, 2001—decisions about rendition, surveillance, interrogation—lie strewn about us still, unclaimed and unburied, like corpses freshly dead.

Continue reading “US Torture: Voices from the Black Sites”

Israeli Settlers Terrorise Palestinian Villagers

Continuing his series of excellent reports from the OPT, here is Mel Frykberg’s latest article, this time exposing the daily plight of Palestinian villagers facing the brutality visited upon them by Israeli settlers.

“I couldn’t run. My pregnancy was too far advanced and there was nowhere to hide,” said Amna Salman Rabaye, 31, as she recalled the terrifying incident several months ago.

Rabaye from the Palestinian Bedouin village of At Tuwani in the southern West Bank was grazing her sheep when she was assaulted by a security guard from the adjacent illegal Israeli settlement of Ma’on.

“We saw a group of masked Israeli settlers armed with sticks and chains heading towards us. The younger shepherds ran and managed to escape, leaving me with the flock of sheep,” Rabaye told IPS.

“It was physically impossible for me to run and I also didn’t want the settlers to kill or steal my sheep. The security guard pushed me over but I was not injured,” recalled Rabaye who was then seven months pregnant.

Continue reading “Israeli Settlers Terrorise Palestinian Villagers”

UN report accuses Britain of condoning torture

A new report by UN Special Rapporteur Martin Scheinin finds evidence of UK complicity in a wide range of grave human rights violations, including torture – the prohibition of which constitutes an “absolute and peremptory norm of international law.” The report is only the latest in a growing series of indictments against the criminal conduct of the British state.

Britain has been condemned in a highly critical United Nations report for breaching basic human rights and “trying to conceal illegal acts” in the fight against terrorism.

The report is sharply critical of British co-operation in the transfer of detainees to places where they are likely to be tortured as part of the US rendition programme.

The report accuses British intelligence officers of interviewing detainees held incommunicado in Pakistan in “so-called safe houses where they were being tortured”.

Continue reading “UN report accuses Britain of condoning torture”

Suing for War Crimes

‘Any recourse to international law in seeking to bring Israeli officials to book must be carefully considered,’ writes Azmi Bishara.

It is not my intention to discuss the definitions of resistance, the legitimacy of resistance or the laws of war in general. Nor will I delve into the definition of war crimes, the relevant articles in international conventions, the jurisdiction of the International Criminal Court, the duties and obligations of its member states, the powers of its prosecutor and the difference between this court and those that were established for the prosecution of war crimes and crimes against humanity in specific countries, such as the International Criminal Tribunal for former Yugoslavia. All these subjects have been treated extensively in numerous other publications. My purpose here is to shed light on some possibly unfamiliar aspects of the notion of appealing to this form of international arbitration.

All such tribunals and conventions have derived their impetus from the will on the part of powerful nations to bring war criminals to account and from the ability of these powerful sovereign nations not only to draw up the law but to put it into effect when they want. Given this, it is fundamentally erroneous to liken international law to the rule of law in sovereign countries. International law does not prevail internationally, is not applied around the globe as though the world was a single sovereign country, and has no executive authority to put it into effect apart from powerful nations. It is thus subject to political aims and interests. Above all, the principle of equality before the law that applies in democratic countries does not exist in international law, either practically or theoretically.

Continue reading “Suing for War Crimes”

Amnesty International Urges Immediate Arms Embargo on Israel

Amnesty International released a report today detailing the indiscriminate use of weapons by Israel in the latest war on Gaza. Having found undeniable evidence of the IDF’s use of US-made weapons against civilians – hence war crimes – it is calling on the new Obama administration and the UN Security Council to impose “an immediate and comprehensive arms embargo” on Israel and Hamas. Here is The Guardian‘s brief summary of the report.

Detailed evidence has emerged of Israel’s extensive use of US-made weaponry during its war in Gaza last month, including white phosphorus artillery shells, 500lb bombs and Hellfire missiles.

In a report released today, Amnesty International detailed the weapons used and called for an immediate arms embargo on Israel and all Palestinian armed groups. It called on the Obama administration to suspend military aid to Israel.

Continue reading “Amnesty International Urges Immediate Arms Embargo on Israel”

The silence of the jurists

An excellent article by Gideon Levy, condemning the complicity of Israeli lawyers in the war crimes of their own government. Most lawyers, Levy argues, are complicit simply through their silence, as “there is only one group now preoccupied with the war: the members of the Israel Defense Forces international law division, who continue to serve their bosses with piercing obedience, legitimizing every criminal act.” There are some who are even rewarded for their noble efforts, like Col. Pnina Sharvit-Baruch, who has been offered to “to join the staff of lecturers at Tel Aviv University’s law faculty, where she will present her doctrine of ‘devious jurisprudence that permits mass killing,’ in the words of the jurist Professor Haim Ganz.”

Incidentally, these lawyers were joined in their efforts to legitimize war crimes by the Spanish Foreign Minister Miguel Moratinos who vowed to “amend legislation that granted a Spanish judge the authority to launch a much-publicized war crimes investigation against senior Israeli officials” after pressure from Israeli leaders [preliminary court investigations were launched by a judge at the national court in Madrid on Thursday, 30 January 2009].

One silence, of all the shameful silences, has thus far roared especially loud – the silence of the jurists. The 41,000 attorneys in the State of Israel are entrusted with protecting its image as a lawful state, and this large and grand army has once again strayed from its function. There is a deep suspicion throughout the world that Israel carried out a series of war crimes, and the jurists of our country are holding their peace.

Continue reading “The silence of the jurists”

Spain investigates claims of Israeli crimes against humanity

Former Israeli defence minister Benjamin Ben Eliezer and six others are being accused of crimes against humanity – the killing of 15 people, mostly children, in Gaza in 2002 – as a Spanish judge opens preliminary investigations.

A Spanish judge today opened preliminary investigations into claims that a bomb attack on Gaza in 2002 warranted the prosecution of a former Israeli defence minister and six senior military officers for crimes against humanity.

Continue reading “Spain investigates claims of Israeli crimes against humanity”

Peace Recedes as Israeli Settlements Expand

With the Western mainstream media’s attention focused on the ‘peace’ efforts of the new US envoy to the Middle East, George Mitchell, one would expect the latest report by Peace Now, the largest extra-parliamentary movement in Israel, detailing the illegal expansion of settlements in the West Bank, to be of utmost relevance. But no. Yet again, key documentary evidence of grave violations of international law by the Israeli state is consigned to oblivion…

Israeli settlement construction in the West Bank increased sharply in 2008, despite Israel’s pledge at the beginning of the year to freeze all construction, according to a new report by an Israeli non-governmental organisation.

The report, released Wednesday by the group Peace Now, found that settlement construction in 2008 increased by almost 60 percent, including new construction both inside and outside of the security barrier and within illegal settlement outposts.

Continue reading “Peace Recedes as Israeli Settlements Expand”

Israeli army used flechettes against Gaza civilians

Latest report from Amnesty International’s fact-finding team in Gaza:

A flechette embedded in a wall in a Bedouin villlage in Gaza
A flechette embedded in a wall in a Bedouin villlage in Gaza

Monday January 26: The Israeli army’s use of white phosphorus in densely populated civilian areas of Gaza has captured much of the world’s media interest. However, the Israeli forces also used a variety of other weapons against civilian residential built-up areas throughout the Gaza Strip in the three-week conflict that began on 27 December.

Among these are flechettes – tiny metal darts (4cm long, sharply pointed at the front and with four fins at the rear) that are packed into120mm shells. These shells, generally fired from tanks, explode in the air and scatter some 5,000 to 8,000 flechettes in a conical pattern over an area around 300 metres wide and 100 metres long.

Continue reading “Israeli army used flechettes against Gaza civilians”