6 dec 2019
Summary
This week, PCHR documented 159 violations of the international human rights law and international humanitarian law (IHL) by Israeli occupation forces (IOF) and settlers in the occupied Palestinian territory.
As part of the Israeli violations of the right to life and bodily integrity:
In terms of excessive use of force, IOF killed 2 Palestinian civilians, including a child, and wounded 8 others in the West Bank and Gaza Strip.
On 29 November 2019, IOF killed Fahd Mohammed al-Astal (16) and injured 7 other civilians, including 5 children, in use of excessive force against the protesters in eastern Khan Younis. The next day in the West Bank, Badawi Khaled Badawi Masalmah (18) was killed and 2 children were arrested after IOF opened fire at them when they were throwing stones at Israeli vehicles passing on the road between “Negohot” and “Shegav” settlements adjacent to Beit ‘Awwa village, southwest of Dura, southwest of Hebron.
Under IOF incursions and house raids, 92 incursions into the West Bank were reported. Those incursions included raids of civilian houses and shootings, enticing fear among civilians, arresting and/or injuring many others. During this week’s incursions, 74 Palestinians were arrested, including 12 children and a woman. In the Gaza Strip, IOF opened fire twice at the eastern Gaza Strip while they opened fire twice at the fishing boats off the Gaza Strip shore.
Under the settlement expansion activities in the West Bank, PCHR documented 8 IOF violations that included construction works interrupted in an agricultural road in Hebron; 40 olive seedlings uprooted, west of Salfit; an under-construction house demolished in Nablus; a construction vehicle demolished under the pretext of being built without license in Area (C) in disregard for the construction license the owner obtained from the Palestinian Authority; 2 water tanks destroyed in the Northern Jordan Valleys; a tin-plate dwelling dismantled in Hebron; and a cement mixer confiscated in Salfit.
Moreover, the Israeli Defence Minister, Naftali Bennett, approved the construction of 31 new settlement units in the vegetable market area in the centre of Hebron’s Old City, noting that the market was seized and completely closed in 1994 following the Ibrahimi Mosque Massacre in Hebron as it was owned by the Hebron municipality and residents. As such, settlement outpost no. 21 would takeover Hebron city center and parameters.
PCHR also documented 3 settler-attacks against Palestinian civilians and their property, including burning a car and puncturing tires of 4 other cars in Ramallah in addition to attacking agricultural lands in Nablus and writing racist slogans on the walls.
In terms of the Israeli closure policy, the Gaza Strip still suffers the worst closure in the History of the Israeli occupation of the oPt as it has entered the 14th consecutive year, without any improvement to the movement of persons and goods, humanitarian conditions and bearing catastrophic consequences on all aspects of life. Furthermore, IOF uses Erez Crossing that is designated for movement of individuals as an ambush to arrest Palestinians who obtain permits to exit via Israel.
During the reporting period, IOF arrested a Palestinian businessman from Rafah while on his way to Israel. Meanwhile, the West Bank is divided into separate cantons with key roads blocked by the Israeli occupation since the Second Intifada and with temporary and permanent checkpoints, where civilian movement is restricted and they are subject to arrest as 7 Palestinians were arrested this week only.
PCHR documented 215 killings by Israel since the outbreak of the protests on 30 March 2018, including 47 children, 2 women, 9 persons with disabilities, 4 paramedics and 2 journalists. Additionally, 14,713 were wounded, including 3,696 children, 387 women, 253 paramedics and 218 journalists, noting that many of those injured had sustained multiple injuries on separate occasions.
According to PCHR’s investigation, at approximately 18:20, 3 young men reached an agricultural land, linking between “Negohot” and “Sheqif” settlements established on confiscated lands, west of Durra. They attempted to threw stones at military vehicles passing by. When they approached the area, Israeli soldiers opened fire at them after they set a trap for them.
As a result, Badawi Khalid Masalma (18) was shot with several live bullets while the 2 other children were detained in the area, while IOF back-ups arrived at the area and the soldiers banned the ambulances to reach the area. Half an hour later, the 3 young men were transferred from the area to a military camp at the entrance of “Sheqif” settlement, adjacent to the annexation wall, west of the city. IOF declared later that Masalma died and did not give any information about the other 2 children.
After the news of Masalma’s death, dozens of Palestinian young men gathered in the area, set tires on fire near the military watchtower, and threw stones at Israeli soldiers stationed in the area. The soldiers responded with a barrage of sound bombs and tear gas canisters; no casualties were reported. IOF phone called the families of the detained children and informed them that their sons are arrested without giving other information. The Palestinian Liaison was informed that Badawi’s dead body will not be delivered to them.
Settlement Expansion and settler violence in the West Bank, including occupied East Jerusalem
Full document available at the official website of the Palestinian Centre for Human Rights (PCHR).
This week, PCHR documented 159 violations of the international human rights law and international humanitarian law (IHL) by Israeli occupation forces (IOF) and settlers in the occupied Palestinian territory.
As part of the Israeli violations of the right to life and bodily integrity:
In terms of excessive use of force, IOF killed 2 Palestinian civilians, including a child, and wounded 8 others in the West Bank and Gaza Strip.
On 29 November 2019, IOF killed Fahd Mohammed al-Astal (16) and injured 7 other civilians, including 5 children, in use of excessive force against the protesters in eastern Khan Younis. The next day in the West Bank, Badawi Khaled Badawi Masalmah (18) was killed and 2 children were arrested after IOF opened fire at them when they were throwing stones at Israeli vehicles passing on the road between “Negohot” and “Shegav” settlements adjacent to Beit ‘Awwa village, southwest of Dura, southwest of Hebron.
Under IOF incursions and house raids, 92 incursions into the West Bank were reported. Those incursions included raids of civilian houses and shootings, enticing fear among civilians, arresting and/or injuring many others. During this week’s incursions, 74 Palestinians were arrested, including 12 children and a woman. In the Gaza Strip, IOF opened fire twice at the eastern Gaza Strip while they opened fire twice at the fishing boats off the Gaza Strip shore.
Under the settlement expansion activities in the West Bank, PCHR documented 8 IOF violations that included construction works interrupted in an agricultural road in Hebron; 40 olive seedlings uprooted, west of Salfit; an under-construction house demolished in Nablus; a construction vehicle demolished under the pretext of being built without license in Area (C) in disregard for the construction license the owner obtained from the Palestinian Authority; 2 water tanks destroyed in the Northern Jordan Valleys; a tin-plate dwelling dismantled in Hebron; and a cement mixer confiscated in Salfit.
Moreover, the Israeli Defence Minister, Naftali Bennett, approved the construction of 31 new settlement units in the vegetable market area in the centre of Hebron’s Old City, noting that the market was seized and completely closed in 1994 following the Ibrahimi Mosque Massacre in Hebron as it was owned by the Hebron municipality and residents. As such, settlement outpost no. 21 would takeover Hebron city center and parameters.
PCHR also documented 3 settler-attacks against Palestinian civilians and their property, including burning a car and puncturing tires of 4 other cars in Ramallah in addition to attacking agricultural lands in Nablus and writing racist slogans on the walls.
In terms of the Israeli closure policy, the Gaza Strip still suffers the worst closure in the History of the Israeli occupation of the oPt as it has entered the 14th consecutive year, without any improvement to the movement of persons and goods, humanitarian conditions and bearing catastrophic consequences on all aspects of life. Furthermore, IOF uses Erez Crossing that is designated for movement of individuals as an ambush to arrest Palestinians who obtain permits to exit via Israel.
During the reporting period, IOF arrested a Palestinian businessman from Rafah while on his way to Israel. Meanwhile, the West Bank is divided into separate cantons with key roads blocked by the Israeli occupation since the Second Intifada and with temporary and permanent checkpoints, where civilian movement is restricted and they are subject to arrest as 7 Palestinians were arrested this week only.
- Excessive Use of Force against Protests in the Gaza Strip
- At approximately 14:30 on Friday, 29 November 2019, at least 300 Palestinian civilians took part in the Great March of Return (GMR) camps in Khuza’a village, east of Khan Younis, despite that the GMR’s Supreme National Authority cancelled the protests that day. Dozens of civilians, including young men and children, approached the border fence, chanted national slogans and raised the Palestinian flags, while some protestors attempted to threw stones. IOF stationed along the border fence fired live and rubber bullets and tear gas canisters at the protestors. As a result, Fahed Walid Mohammed al-Astal (16), from Khan Younis, was deemed in critical health condition after IOF shot him with a live bullet in the abdomen. At approximately 15:08, al-Astal was transferred to Gaza European Hospital and he died shortly after his arrival at the hospital. Moreover, 7 civilians were shot and injured, including 5 children, after they were shot with live and rubber bullets and their injuries were classified as moderate.
PCHR documented 215 killings by Israel since the outbreak of the protests on 30 March 2018, including 47 children, 2 women, 9 persons with disabilities, 4 paramedics and 2 journalists. Additionally, 14,713 were wounded, including 3,696 children, 387 women, 253 paramedics and 218 journalists, noting that many of those injured had sustained multiple injuries on separate occasions.
- Shooting and other violations of the right to life and bodily integrity
- At approximately 16:00 on Thursday, 28 November 2019, Israeli soldiers heavily fired tear gas canisters at houses in al-Thuhor neighbourhood, south of Beit Ummer village, north of Hebron, adjacent to the “Karmi Tsur” settlement. As a result, a number of civilians suffocated due to tear gas inhalation. IOF claimed that they were attacked with stones in the abovementioned area.
- At approximately 09:00 on Friday, 29 November 2019, Israeli gunboats stationed northwest of Beit Lahia in northern Gaza Strip, heavily opened fire at a group of Palestinian fishing boats sailing within 3 nautical miles and chased them. They also fired a number of artillery shells near the boats. As a result, fishermen were forced to flee fearing for their lives; neither casualties nor material damage was reported.
- At approximately 11:40 on the same Friday, Israeli soldiers stationed adjacent to Far’oun village’s entrance, south of Tulkarm, fired live and rubber bullets at a number of Palestinian workers, who attempted to sneak into Israel for work. As a result, Ahmed Samer Matar (24), from Tulkarm, was shot with a live bullet to the left foot.
- At approximately 16:00 on the same Friday, IOF stationed along the border fence, northeast of Jabalia, northern Gaza Strip, heavily opened fire at the area adjacent to the border; no casualties were reported.
- At approximately 17:00 on the same Friday, dozens of Palestinian youngsters gathered at the entrance to al-‘Aroub refugee camp, north of Hebron, where IOF stationed at a military checkpoint, and threw stones at the Israeli military vehicles. The soldiers fired sound bombs and tear gas canisters at them. As a result, a number of youngsters suffocated due to tear gas inhalation. The clashes continued for 2 hours; no casualties were reported.
- At approximately 20:00 on 30 November 2019, Israeli authorities declared the death of Badawi Khalid Badawi Masalmah (18) and arresting Mohammed Osamah Qasem al-Masalma (16) and Mohammed Ismail ‘Aqel Masalma (16) after shooting them while they were at road that links “Negohot” and “Sheqif” settlements, adjacent to Beit ‘Awa village, southwest of Hebron.
According to PCHR’s investigation, at approximately 18:20, 3 young men reached an agricultural land, linking between “Negohot” and “Sheqif” settlements established on confiscated lands, west of Durra. They attempted to threw stones at military vehicles passing by. When they approached the area, Israeli soldiers opened fire at them after they set a trap for them.
As a result, Badawi Khalid Masalma (18) was shot with several live bullets while the 2 other children were detained in the area, while IOF back-ups arrived at the area and the soldiers banned the ambulances to reach the area. Half an hour later, the 3 young men were transferred from the area to a military camp at the entrance of “Sheqif” settlement, adjacent to the annexation wall, west of the city. IOF declared later that Masalma died and did not give any information about the other 2 children.
After the news of Masalma’s death, dozens of Palestinian young men gathered in the area, set tires on fire near the military watchtower, and threw stones at Israeli soldiers stationed in the area. The soldiers responded with a barrage of sound bombs and tear gas canisters; no casualties were reported. IOF phone called the families of the detained children and informed them that their sons are arrested without giving other information. The Palestinian Liaison was informed that Badawi’s dead body will not be delivered to them.
- At approximately 09:50 on Sunday, 01 December 2019, Israeli gunboats stationed in northwest of Beit Lahia, north of the Gaza Strip, heavily opened fire and chased Palestinian fishing boats sailing within 3 nautical miles. As a result, fishermen were forced to flee fearing for their lives; no casualties were reported.
- At approximately 15:45 on Wednesday, 04 December 2019, IOF stationed along the border fence, east of Khan Younis, southern Gaza Strip, fired tear gas canisters at agricultural lands, east of al-Qararah northeast of the city. As a result, farmers had to leave the area.
Settlement Expansion and settler violence in the West Bank, including occupied East Jerusalem
- Demolition and Confiscation of Civilian Property for Settlement Expansion Activities
- At approximately 09:00 on Thursday, 28 November 2019, IOF and the Israeli Civil Administration backed by military construction vehicles moved into ‘Atous area in western Hebron. IOF were deployed in the area and Israeli Civil Administration officers informed the municipality employees to stop construction works in an agricultural road, which was planned by the Municipality to improve services provided for farmers in Area C.
- Around the same time, IOF moved into al-Mahajer area, west of Salfit, demolished retaining walls surrounding an 8-dunum agricultural land and uprooted 30 olive seedlings planted 3 years ago. The seedlings belong to the heirs of the deceased Mohamed Hasan Abu Yaseen.
- At approximately 09:15 on Thursday, IOF accompanied with the Israeli Civil Administration and military construction vehicles moved into ‘Asirah village, north of Nablus. They stationed in al-Sraiej area where they demolished Mo’amer Mohamed Rashid Hamadna’s 2-storey house. The house was built on an 320 area of square meters 2 years ago. Hamadna received a notice to stop construction works in his house on 10 July 2019, noting that IOF confiscated and detained a bulldozer from the construction site for 35 days and fined Hamadna of NIS 6,500 in detention fees. It should be noted that Hamadna obtained a construction license from ‘Asirah Municipality and has documents from the Palestinian Land Authority proving that the plot of land where the house was built is in Area B which falls under PA jurisdiction according to the Oslo Accords. Hamadna stated that the Israeli notice classified his land in Area C, which requires an Israeli license for construction and the PA license is not relevant. Jerusalem Legal Aid and Human Rights Center (JLAC) held 2 hearings in Beit Eill Court to stop this decision and license the house, however it ruled in favor of the demolition on 13 October 2019. Hamadna appealed to the Israeli Supreme Court to stop demolition, but he was shocked when IOF raided his house and demolished it before the hearing.
- At approximately 06:30 on Tuesday, 03 December 2019, IOF backed by military construction vehicles moved into Tubas in northern Jordan Valley and bulldozed 2 water wells used for agricultural purposes; the first well belongs to Tubas Association while the second belongs to ‘Adnan Mukhaibar Mujali Sawaftah. It should be noted that the first well fed 5 residential communities.
- At approximately 09:00 on Tuesday, IOF and the Israeli Civil Administration backed by military construction vehicles moved into Dir al-Shams area in Hebron. The Israeli Civil Administration officers dismantled Emtiyaz Khalil Ahmed Za’areer (29)’s 70sqm tin-plate house, loaded it on a truck and confiscated it and handed Ms. Za’areer a list of confiscated items and a notice to stop construction works. They gave her 7 days to settle legal matters with competent authorities. It should be noted that the house was built a month ago.
- At approximately 20:30 on Tuesday, IOF raided a cement factory belonging to ‘Izz al-Deen Meri’ in Salfit’s Qarawet Bani Hassan village. They confiscated a cement mixer under the pretext of being in Area C.
- In the same context, the Israeli Defense Minister Naftali Bennett issued a decision to start building 31 new settlement units in vegetable market area in the center of Hebron which was closed since 1994. In 2017-2018, the settlers’ attacks increased against Palestinians living in the closed area, which is surrounded by 20 military checkpoints. IOF also continue their attacks on shop owners to force them to close their shops or sell them to settlers.
- At approximately 07:00 on Wednesday, 04 December 2019, Israeli bulldozers demolished residential and agricultural facilities in Abu Nowaar and Abu Hendy Bedouin Communities, southeast of occupied East Jerusalem, to implement settlement plan “E1”. The representative of Abu Nowaar Bedouin Community, Abu ‘Emad al-Jahaleen, said that Jerusalem Municipality staff accompanied with bulldozers moved into the community under tight IOF protection. They demolished 2 houses and dismantled an agricultural barrack before confiscating it. After that, IOF moved into Abu Hendy Bedouin Community and demolished 2 houses under the pretext of non-licensing. The Israeli government seeks to displace the Palestinian Bedouin communities in order to establish a settlement project called Israel-1E, which aims at separating the southern West Bank from its center and maintaining control of Jerusalem.
- Israeli Settler Violence
- At approximately 02:30 on Friday, 28 November 2019, Israeli settlers, from “Rimonim“ settlement, which is established in the southern side of al-Tiba village, northeast of Ramallah. The settlers burned Roland Baseer’s (36) vehicle. They also vandalized houses and walls with racist slurs against Arabs and Muslims.
- On Friday, Israeli settlers, from “Rahalim“ settlement, which is established on the northern lands of al-Sawiyia village in Nablus, cut 30 olive trees planted 30-40 years ago from Mohamed Yousef Suliman’s land. On Tuesday, 26 November 2019, the settlers cut 30 other olive trees from the same land.
- At approximately 04:25 on Friday, Israeli settlers moved into Dir ‘Ammar village, west of Ramallah. They punctured the tires of 4 vehicles and vandalized them with racist slurs against Arabs and Muslims. Head of the Village Committee, Hasan Rushdi, said that the attack occurred in “al-Maghshi” area, which is located in the outskirts of the village. The affected vehicles belong to Ibrahim Mohamed Badha and Khamis Badha.
Full document available at the official website of the Palestinian Centre for Human Rights (PCHR).
5 dec 2019
Disabled Palestinian football players, who lost their legs during Israel's assaults, in action during a friendly match, organized by Supreme National Commission of the Return March regarding to 2018 FIFA World Cup, in Gaza City, Gaza on 15 June, 2018
Israel marked the International Day of Persons with Disabilities by donating three paediatric wheelchairs to the UN Human Rights Council. The aim, according to Israel’s Permanent Representative in Geneva, was “to make the UN truly accessible, so that persons with physical disabilities can actively take part and influence world issues discussed in Geneva.”
The occasional visits by children to the UN are not influential in the grand scheme of the organisation’s manipulation of human rights. Israel, however, is being allowed to influence the UN in terms of its contributions, which by default demand deliberately looking the other way as it continues to obstruct accessibility for Palestinians in Palestine, especially for Palestinians with disabilities.
This latest episode in Israel’s manipulation of the international arena and its agenda begs the question – why do UN institutions allow the existence of Israel’s façade to flourish, at the expense of the settler colonial state’s ongoing violations against Palestinians?
In addition, Israel’s seemingly altruistic motive hides a darker reality highlighted by the UNHRC itself – Israel’s deliberate maiming of Palestinian civilians.
In 2018, the Palestinian Centre for Human Rights (PCHR) noted that Israel killed Palestinians with disabilities who were participating in the Great Return March protests. Israeli snipers also targeted the lower limbs of Palestinians demonstrating at the Gaza border, thus adding to the statistical toll of permanent disabilities.
Meanwhile, the latest statistics show that 92,710 Palestinians with disabilities, 52 per cent of who are living in the Gaza Strip, face increasing hardships in Palestine. The colonial occupation of Palestine and its restrictions upon Palestinians reflect even more strongly when it comes to persons with disability.
This year, PCHR’s press release expounds upon such ramifications, noting the link between everyday Israeli violations of Palestinian rights and how this impacts the rights of Palestinians with disabilities, in particular when it comes to freedom of movement.
The press release states, “Israeli targeting of PWD is not limited to attacks on their physical integrity, IOF also restricts their freedom of movement and denies them travel to seek medical treatment abroad, raising the number of victims with permanent disabilities who could have been treated were it not for Israeli restrictions.”
Israel’s endeavours abroad, especially in humanitarian initiatives, continue to provide a veneer for its violations against the rights of Palestinians. The more it promotes its illusory concept of freedom to the international community, the more Palestinians are marginalised and left to face the increasing oppression in isolation.
Providing three wheelchairs to make UN premises more available constitutes a propaganda effort along the same lines as promoting its expertise to niches of need, especially in African countries, for example, in terms of technology and agriculture.
Israeli media have framed the wheelchairs donation as Israel’s contribution to the UN Sustainable Development Goals which stipulate that no one should be left behind. Yet in Palestine, an entire population has been forced to stay behind without the possibility of ever attaining a semblance of sustainability.
What Israel has achieved is a mockery of sustainability and the international community has played along with the charade.
Report: 93,000 persons with disabilities in Palestine
Israel marked the International Day of Persons with Disabilities by donating three paediatric wheelchairs to the UN Human Rights Council. The aim, according to Israel’s Permanent Representative in Geneva, was “to make the UN truly accessible, so that persons with physical disabilities can actively take part and influence world issues discussed in Geneva.”
The occasional visits by children to the UN are not influential in the grand scheme of the organisation’s manipulation of human rights. Israel, however, is being allowed to influence the UN in terms of its contributions, which by default demand deliberately looking the other way as it continues to obstruct accessibility for Palestinians in Palestine, especially for Palestinians with disabilities.
This latest episode in Israel’s manipulation of the international arena and its agenda begs the question – why do UN institutions allow the existence of Israel’s façade to flourish, at the expense of the settler colonial state’s ongoing violations against Palestinians?
In addition, Israel’s seemingly altruistic motive hides a darker reality highlighted by the UNHRC itself – Israel’s deliberate maiming of Palestinian civilians.
In 2018, the Palestinian Centre for Human Rights (PCHR) noted that Israel killed Palestinians with disabilities who were participating in the Great Return March protests. Israeli snipers also targeted the lower limbs of Palestinians demonstrating at the Gaza border, thus adding to the statistical toll of permanent disabilities.
Meanwhile, the latest statistics show that 92,710 Palestinians with disabilities, 52 per cent of who are living in the Gaza Strip, face increasing hardships in Palestine. The colonial occupation of Palestine and its restrictions upon Palestinians reflect even more strongly when it comes to persons with disability.
This year, PCHR’s press release expounds upon such ramifications, noting the link between everyday Israeli violations of Palestinian rights and how this impacts the rights of Palestinians with disabilities, in particular when it comes to freedom of movement.
The press release states, “Israeli targeting of PWD is not limited to attacks on their physical integrity, IOF also restricts their freedom of movement and denies them travel to seek medical treatment abroad, raising the number of victims with permanent disabilities who could have been treated were it not for Israeli restrictions.”
Israel’s endeavours abroad, especially in humanitarian initiatives, continue to provide a veneer for its violations against the rights of Palestinians. The more it promotes its illusory concept of freedom to the international community, the more Palestinians are marginalised and left to face the increasing oppression in isolation.
Providing three wheelchairs to make UN premises more available constitutes a propaganda effort along the same lines as promoting its expertise to niches of need, especially in African countries, for example, in terms of technology and agriculture.
Israeli media have framed the wheelchairs donation as Israel’s contribution to the UN Sustainable Development Goals which stipulate that no one should be left behind. Yet in Palestine, an entire population has been forced to stay behind without the possibility of ever attaining a semblance of sustainability.
What Israel has achieved is a mockery of sustainability and the international community has played along with the charade.
Report: 93,000 persons with disabilities in Palestine
Bensouda also probes ‘pay for slay’ as possible war crime.
International Criminal Court prosecutor Fatou Bensouda said on Thursday that she is concerned about potential Israeli moves to annex the Jordan Valley. Bensouda made the comment in a key section of her annual report reviewing a range of conflict areas around the world that she is probing.
Her final decision could have a massive impact on Israel legally, diplomatically, and in terms of the country’s international image.
Like her 2018 annual report, Bensouda once again said that she was close to a broader decision on whether to delve deeper into the war crimes debate relating to the Israeli-Palestinian conflict.
Bensouda’s term expires in mid-2021, which means that the fall 2020 report will be her last major chance to issue a decision on the conflict.
Though Bensouda’s 2018 report hinted that a decision might come down by mid-2019, her decision may have been pushed off by analyzing the ongoing Gaza border conflict between Israel and Hamas.
Some have suggested that the ICC slowed its push on the Israel-Palestine file due to threats against it by the Trump administration.
But that would seem to be belied by the ICC Prosecution being adamant this week to pursue a case against the US for alleged torture of detainees in Afghanistan, even after an ICC Pretrial Chamber tried to get Bensouda to drop the case.
In any event, the ICC Prosecution was not willing to reveal more signs about whether the final decision will come out in the coming weeks or around 18 months from now.
The three main issues Bensouda is probing are alleged war crimes related to the 2014 Gaza War, the settlement enterprise, and the March 2018-present Gaza border conflict.
In a new section of the report, Bensouda also probes the Palestinian Authority for torturing its own civilians and for so-called pay-for-slay payments.
Regarding the 2014 Gaza war, Bensouda wrote, “With respect to crimes allegedly committed by members of the IDF, the Office has collected information on and evaluated relevant investigative activities at the national level within the IDF military justice system.
“With respect to crimes allegedly committed” by Palestinian fighters in Gaza, “the Office has been unable to identify any relevant national proceedings,” said the ICC Prosecutor.
She also noted that reviewing whether “any of the identified potential cases meet the gravity” requirement for the ICC, which states that the prosecutor only looks into large scale war crimes.
These statements do not mean that the IDF is off the hook for alleged war crimes relating to 2,100 killed Palestinians (between 50% and 80% civilians) from that war.
The ICC could decide the IDF probes were insufficient, or that they did not probe senior commanders and only looked at junior soldiers.
But the statement continues a trend from the 2018 report suggesting the ICC may give Israel a broad pass on the 2014 war by deciding to recognize the IDF probes as precluding an ICC probe.
If so, it would be a stunning turnaround from a 2015 UN Human Rights Council report that condemned the IDF as having systematically perpetrated war crimes.
The report also continued a trend from the 2018 report suggesting that the ICC views Hamas as having failed to probe war crimes committed by its fighters.Such a criminal investigation against Hamas would be a first.
Regarding the settlement enterprise, the report had fewer statistics and updates than in previous reports, yet it had a key line appearing to threaten Israel, stating that “The Office has also followed with concern proposals advanced during the recent electoral process, to be tabled to the Knesset, for Israel to annex the Jordan Valley in the West Bank.
”This line followed a trend of sending deterrent messages to Israel regarding certain changes on the ground in disputed areas, including a previous statement from the ICC that got Israel to back-off from a change of the status quo in the E-1 area between Jerusalem and the West Bank.
Besides that statement and noting the number of Israeli settlements and outposts in the West Bank and east Jerusalem, Bensouda did not tip her hand, neutrally summarizing the Israeli-Palestinian dispute over certain areas.
Past reports explicitly attacked the settlements as violating international law and seemed to dismiss the Israeli High Court of Justice by saying that it had declined to rule on whether the settlements policy is a judicial issue.
While recognizing that the High Court has ruled on a range of specific settlements, past reports appeared to set up a scenario where the ICC could declare the settlement enterprise a war crime, and then only drop certain settlements from the probe if the High Court happened to deal with them.
Another major issue the report focused on was the Gaza border conflict since March 2018.
Though overall Bensouda adopted the Palestinian narrative that most Palestinians near the border fence have been nonviolent, she acknowledged that some were violent and had used fire kites and balloons to attack Israel.
In addition, the report noted allegations that Gaza fighters “made use of civilians as shields and of child soldiers during the demonstrations.
”One significant new point was that the ICC report mentioned the May 2018 Israeli Supreme Court decision probing and endorsing the IDF’s rules of engagement regarding the demonstrations.
It was unclear if mentioning the Israeli Supreme Court decision – after the 2018 report ignored that decision – meant a greater acknowledgment of the Israeli justice system, or was merely a technical addition.
Bensouda’s report also mentioned IDF probes of the deaths of 11 demonstrators and the October 28, 2019, conviction of an IDF soldier “in relation to the killing of a teenager who took part in the demonstrations.
”For the first time, Bensouda went into detail about her analyzing whether the PA has violated war crimes by torturing its own civilians, and through financial incentives to some of its people to perpetrate violence against Israel.
“The Office has also received allegations that: (i) Palestinian security and intelligence services in the West Bank have committed the crime against humanity of torture and related acts against civilians…and (ii) the PA have encouraged and provided financial incentives for the commission of violence through their provision of payments to the families of Palestinians…involved…in carrying out attacks against Israeli citizens.
“The payment of such stipends may give rise to Rome Statute crimes,” the report said.
International Criminal Court prosecutor Fatou Bensouda said on Thursday that she is concerned about potential Israeli moves to annex the Jordan Valley. Bensouda made the comment in a key section of her annual report reviewing a range of conflict areas around the world that she is probing.
Her final decision could have a massive impact on Israel legally, diplomatically, and in terms of the country’s international image.
Like her 2018 annual report, Bensouda once again said that she was close to a broader decision on whether to delve deeper into the war crimes debate relating to the Israeli-Palestinian conflict.
Bensouda’s term expires in mid-2021, which means that the fall 2020 report will be her last major chance to issue a decision on the conflict.
Though Bensouda’s 2018 report hinted that a decision might come down by mid-2019, her decision may have been pushed off by analyzing the ongoing Gaza border conflict between Israel and Hamas.
Some have suggested that the ICC slowed its push on the Israel-Palestine file due to threats against it by the Trump administration.
But that would seem to be belied by the ICC Prosecution being adamant this week to pursue a case against the US for alleged torture of detainees in Afghanistan, even after an ICC Pretrial Chamber tried to get Bensouda to drop the case.
In any event, the ICC Prosecution was not willing to reveal more signs about whether the final decision will come out in the coming weeks or around 18 months from now.
The three main issues Bensouda is probing are alleged war crimes related to the 2014 Gaza War, the settlement enterprise, and the March 2018-present Gaza border conflict.
In a new section of the report, Bensouda also probes the Palestinian Authority for torturing its own civilians and for so-called pay-for-slay payments.
Regarding the 2014 Gaza war, Bensouda wrote, “With respect to crimes allegedly committed by members of the IDF, the Office has collected information on and evaluated relevant investigative activities at the national level within the IDF military justice system.
“With respect to crimes allegedly committed” by Palestinian fighters in Gaza, “the Office has been unable to identify any relevant national proceedings,” said the ICC Prosecutor.
She also noted that reviewing whether “any of the identified potential cases meet the gravity” requirement for the ICC, which states that the prosecutor only looks into large scale war crimes.
These statements do not mean that the IDF is off the hook for alleged war crimes relating to 2,100 killed Palestinians (between 50% and 80% civilians) from that war.
The ICC could decide the IDF probes were insufficient, or that they did not probe senior commanders and only looked at junior soldiers.
But the statement continues a trend from the 2018 report suggesting the ICC may give Israel a broad pass on the 2014 war by deciding to recognize the IDF probes as precluding an ICC probe.
If so, it would be a stunning turnaround from a 2015 UN Human Rights Council report that condemned the IDF as having systematically perpetrated war crimes.
The report also continued a trend from the 2018 report suggesting that the ICC views Hamas as having failed to probe war crimes committed by its fighters.Such a criminal investigation against Hamas would be a first.
Regarding the settlement enterprise, the report had fewer statistics and updates than in previous reports, yet it had a key line appearing to threaten Israel, stating that “The Office has also followed with concern proposals advanced during the recent electoral process, to be tabled to the Knesset, for Israel to annex the Jordan Valley in the West Bank.
”This line followed a trend of sending deterrent messages to Israel regarding certain changes on the ground in disputed areas, including a previous statement from the ICC that got Israel to back-off from a change of the status quo in the E-1 area between Jerusalem and the West Bank.
Besides that statement and noting the number of Israeli settlements and outposts in the West Bank and east Jerusalem, Bensouda did not tip her hand, neutrally summarizing the Israeli-Palestinian dispute over certain areas.
Past reports explicitly attacked the settlements as violating international law and seemed to dismiss the Israeli High Court of Justice by saying that it had declined to rule on whether the settlements policy is a judicial issue.
While recognizing that the High Court has ruled on a range of specific settlements, past reports appeared to set up a scenario where the ICC could declare the settlement enterprise a war crime, and then only drop certain settlements from the probe if the High Court happened to deal with them.
Another major issue the report focused on was the Gaza border conflict since March 2018.
Though overall Bensouda adopted the Palestinian narrative that most Palestinians near the border fence have been nonviolent, she acknowledged that some were violent and had used fire kites and balloons to attack Israel.
In addition, the report noted allegations that Gaza fighters “made use of civilians as shields and of child soldiers during the demonstrations.
”One significant new point was that the ICC report mentioned the May 2018 Israeli Supreme Court decision probing and endorsing the IDF’s rules of engagement regarding the demonstrations.
It was unclear if mentioning the Israeli Supreme Court decision – after the 2018 report ignored that decision – meant a greater acknowledgment of the Israeli justice system, or was merely a technical addition.
Bensouda’s report also mentioned IDF probes of the deaths of 11 demonstrators and the October 28, 2019, conviction of an IDF soldier “in relation to the killing of a teenager who took part in the demonstrations.
”For the first time, Bensouda went into detail about her analyzing whether the PA has violated war crimes by torturing its own civilians, and through financial incentives to some of its people to perpetrate violence against Israel.
“The Office has also received allegations that: (i) Palestinian security and intelligence services in the West Bank have committed the crime against humanity of torture and related acts against civilians…and (ii) the PA have encouraged and provided financial incentives for the commission of violence through their provision of payments to the families of Palestinians…involved…in carrying out attacks against Israeli citizens.
“The payment of such stipends may give rise to Rome Statute crimes,” the report said.
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