UN-Believable?
Article by Charlotte Van Der Gucht.
The UN report on the Gaza demonstrations condemns Israel. No surprise.
The weekly “great march” alongside the security fence was supposed to be a totally peaceful demonstration by Palestinian civilians. However, with Hamas working behind the scenes on the Palestinian side, this demonstration turned into a violent confrontation. In February of this year, the United Nations (UN) presented their findings on the Gaza demonstrations held between March and December 2018.
Both parties’ actions during the demonstrations were investigated. However, the UN report is largely dedicated to the condemnation of only one party, the Israeli Defense Force (IDF). The commission mainly accuses IDF soldiers of killing demonstrators who didn’t pose an imminent threat to life, including children.
The UNknown: Objectivity is sought but rarely present
The UN’s report is drafted by an ‘independent international commission of inquiry’. But how reliable is such a commission if we look at the overall relation between the UN and Israel?
Every year for the past five years, over 20 UN resolutions have been directed against the only democracy in the Middle East, Israel. Whereas approximately 5 UN resolutions were directed at all countries in the world, combined! Let’s be clear: over a striking 80% of the UN resolutions were directed against Israel only. Israel does not claim to be faultless, but these numbers are astonishing.
Critical questions and concerns from members of the international community such as the UN are essential for the sake of justice. However, these numbers reveal a disproportionate targeting of Israel. It makes one wonder how objective this UN report is.
UNbelievable
“In the commission’s view, the demonstrations were civilian in nature.”
The report mentions that 183 allegedly ‘innocent’ Palestinians lost their lives. However, the statistics of the Intelligence and Terrorism information center (ITIC) confirm that “as for the identity of the fatalities 150 of 183 Palestinians were found to be affiliated with Hamas or with other terrorist organizations”.
The IDF qualified their actions by stating that members of Hamas were among the civilian protestors. They were responding to a new security threat, as the protests masked terror activities which include the launching of both incendiary kites and balloons filled with explosives. These in many cases were thrown by children. The devices caused many thousands of acres of farmland, animals and wildlife to burn creating an ecological disaster.
“Children are intentionally killed by the IDF”
35 of the 183 Palestinian losses were unfortunately children. The UN report accuses the IDF of having intentionally killed these children. But the real question is, who is responsible for these losses? The report does not reveal the sad context of Hamas using children as a method of warfare. Children are used as both human shields and child soldiers.
The education system in the Gaza strip, controlled by Hamas, systematically encourages children from a very young age to join the battle, to become martyrs. Later on, as adolescents they will attend summer camps where they will undergo military training. Ultimately, the children will be brainwashed to believe that Israel is their enemy, up to the point where they will join the demonstrations and risk their lives for the sake of Hamas. This is a despicable method, however, one that is never condemned by the UN.
Not only the Palestinian children, but the entire Palestinian population suffers under Hamas’ de facto control. Hundreds of protesters were paid to join the protests and others were coerced. Why did the UN report not mention this abuse even once? Again, critical reports and concerns on the conflict and demonstrations must be raised. But wouldn’t it be fair to investigate both sides with the same attention?
Adhering to international standards
It is beyond any dispute that alleged misconducts of IDF soldiers should be investigated and if necessary prosecuted. But the question is by whom? The UN calls upon the International Criminal Court (The ICC) in The Hague to investigate the actions of IDF soldiers. However, the ICC has no standing if Israel takes care of the investigations itself. This is what is called the principle of complementarity.
This principle is simple but ultra-relevant: The ICC cannot investigate alleged crimes when a country domestically opens a serious investigation adhering to international standards.
The Turkel Commission (consisting of independent international legal observers), in 2013, verified that the Israeli self-investigation system meets these international standards. An example of Israel’s willingness to scrutinize itself, is the case of IDF soldier, Elor Azaria.
Azaria shot in the head and fatally wounded a neutralized terrorist while standing less than 2 meters away from him. This disproportionate reaction has been investigated and led to the conviction of Elor Azaria for manslaughter on 4th of January 2017. This case proves that Israel is not afraid to investigate their own defense forces, although the investigations received a lot of criticism from the Israeli public. Examining your own defense forces is not a popular policy. Nevertheless, Israel continues to do so for the sake of justice and democracy.
Silencing Critical Voices
Article by Catarina Gruber.
The United Nations General Assembly granted Palestine the status of a non-member observer state on November 29, 2012. This status enabled Palestine to ratify international conventions and treaties and join over 115 international organizations and agencies.
By upgrading the international status to a non-member observer state, Palestine was also able to join the International Court of Justice and the International Criminal Court. Hence, Palestine is permitted to sue Israel for acts that take place in their territory, such as alleged crimes against humanity and war crimes.
However, Mahmoud Abbas and the Palestinian Authority do not themselves comply with the basic principles of international law and human rights. Abbas rules over Palestine with an iron fist. Abbas is implicated in the many cases of unlawful imprisonment, torture and murder of the civilian population of the West Bank, including his political rivals and critics.
Abbas shows no compunction when silencing critical voices. Issa Amro, a prominent Facebook activist, who dared to speak out against the Palestinian Authority in a post, was arrested and imprisoned for seven days for the crimes of insulting “higher authorities” and creating a “sectarian strife” in 2017.
Torture is carried out by Abbas’ forces on a large scale. More than 180 Palestinian civilians are tortured yearly. Young men from Balata Refugee Camp, widely known as a central point of resistance against Abbas, were detained on allegations of criminal activity in 2017. Palestinian security forces subjected them to prolonged torture, repeatedly using grave physical violence, and locking them into tiny 60cm by 60cm cubicles with nearly no possibility to move. The accused were kept imprisoned in those spaces for up to 22 hours a day for 22 consecutive days.
Mahmoud Abbas’ reputation as a peacemaker is just a façade that hides his true identity and agenda. The peace process came to a halt long before the US decision to relocate their embassy to Jerusalem. There are strong allegations of Abbas having played a role in the 1972 massacres at the Munich Olympics and the continual payments made to Palestinian terrorists and their families cause additional cracks in the veneer Abbas hides behind.
The misery of the Palestinian population in Gaza is also largely due to Abbas’ inadequacy as a leader. He has reduced the electricity supply, provoked healthcare bottlenecks and has stopped the payment of salaries of officials in Gaza. He wants to bring his strongest political rivals, the Hamas, to their knees even if the price is the suffering of the civilian population.
However, whenever Abbas visits Brussels, he is warmly welcomed like an old friend of the European Union. As one of the initiators of the 1993 Oslo Accords, he is considered moderate. Thus, his administration continues to be sponsored by the EU with hundreds of millions of euros. No consequences, certainly not financial ones, have been imposed because of Abbas’ appalling actions.
The more accusations against Mahmoud Abbas came to light, the more obvious it became that his actions could not be ignored any longer. The Jerusalem Institute of Justice (JIJ) took initiative and started a legal examination of the crimes committed by Abbas. While collecting data, the testimonies against Abbas grew and the number of cases reached an alarming amount. In consultation with experts in international law the JIJ rendered the factual data into a legal report.
On February 20, 2019 the JIJ submitted a communication to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) in The Hague regarding crimes against humanity committed against the Palestinian citizens in the West Bank by Mahmoud Abbas. In a meeting with the OTP the issue was taken very seriously, and constructive thoughts were shared. This tribunal has the moral responsibility to bring the perpetrator of such horrific crimes to justice.
Mahmoud Abbas - Accused of Crimes Against Humanity
Communication to the Office of the Prosecutor of the International Criminal Court regarding Crimes Against Humanity committed against Palestinian citizens in the West Bank by Mahmoud Abbas
EXECUTIVE SUMMARY
We, the Jerusalem Institute of Justice, submit this communication to the Office of the Prosecutor of the International Criminal Court concerning Mahmoud Abbas, in relation to crimes against humanity committed through a systematic and widespread campaign of murder, torture, and unlawful imprisonment against parts of the Palestinian population in in the territory of Judea and Samaria, known as the “West Bank”.
Abbas is a national of the Hashemite Kingdom of Jordan (“Jordan”), which has been a State Party to the ICC since 2002. Accordingly, the ICC has jurisdiction over crimes he has committed under the Rome Statute, regardless of where they took place.
Abbas became President of the Palestinian Authority (“PA”) in January 2005. Despite his term of office having elapsed without further elections being held, Abbas remains internationally recognized President and de facto leader of the PA, the body which maintains effective control over certain areas in the West Bank.
During his time in power, Abbas has directed or allowed various crimes against humanity against Palestinian groups – including those deemed to have been critical of the current PA government or which have supported rival Palestinian factions. Abbas knew of and was in a position to prevent the crimes against humanity that have been committed against the civilian population of the West Bank, yet he has manifestly failed to do so.
The case is grave enough to merit further investigation. Abbas’s crimes have had and will continue to have deleterious consequences on the Palestinian population of the West Bank, their families as well as the society and region. These crimes benefit no one but the PA leadership. There is no prospect of local justice; pursuant to a series of international agreements, the PA has sole jurisdiction over crimes committed by Palestinians against Palestinians within the West Bank. The PA courts are not independent of the PA government, and have done nothing to punish those who play a direct role in committing these crimes against humanity. In any event, as PA President, there is no realistic chance of Abbas being prosecuted by courts over which his administration exerts significant control.
The crimes of Abbas are not merely historical; they are ongoing and contribute to the continued conflict between the rival Palestinian political factions Hamas and Fatah, and to the instability in the region. This internal conflict within the Palestinian leadership is damaging to the Palestinian population it is supposed to represent, and renders peaceful coexistence with its neighbours increasingly difficult. The ICC has the rare opportunity to take an important step not just in punishing perpetrators and deterring crimes against humanity, but also in sending a powerful statement that torture and similar acts are unacceptable. For all these reasons, we urge the Office of the Prosecutor to launch a full investigation.
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6 Moral Teachings from Assad and other Criminals
Written by Yarden Biyalistok Cohen
Before addressing our topic, I would like to thank you readers, for not letting hate and prejudice guide your life, and for your willingness to establish your perspective on facts and on more than one point of view.
The topic we are about to discuss is regarding the resolutions made by the UN General Assembly on November 29, also known as "Palestine Day". I won't try to argue against the very existence of such a day, although trying to promote an "Israel Day" at the UN would be a better joke than having a day dedicated to bicycles, or the full moon (both are real by the way and take place at the 30th of April and June 3rd respectively, or even better "Tuna day" which occurs on the 2nd of May).
Six resolutions were made on "Palestine Day", and were signed by countries that are almost the dictionary definition of an oppressive tyranny, and human rights violators, such as Sudan, Venezuela, Saudi Arabia, and Yemen. The resolutions of the General Assembly all addressed Israel, and were aimed at undermining its legitimacy and sovereignty. On that day, the Chair of the Committee on the Exercise of the Inalienable Rights of the Palestinian People Cheikh Niang (Senegal), wore a scarf that revealed his “objectivity”, and his willingness to let the discussion be “impartial”. On the scarf, of course, was the flag of the Palestinian Authority (maybe on May 2nd he will show up in a scarf showing solidarity with the tuna fish).
In most cases, we would simply continue by stating that the demonization of Israel and the Jewish people is not news. Unfortunately Anti-Semitism was around way before the establishment of the UN and most likely to stay here after it. Nevertheless, the first of the 6 resolutions calls for the deliberation on "fifty years of occupation" and to express solidarity and support to the Palestinians. The second resolution asks to continue the collaboration with the Palestinian people and their leaders, widen the scope of documentation and expand the Question of Palestine’s website. The third resolution asks to continue investigations into the legal ramifications of the "Israeli West Bank Barrier". The Security Fence is exactly that, a fence that was built to stop the entrance of suicide bombers and other terrorists into Israel, and the last part of it was finished back in 2006. The Security Fence was under meticulous scrutiny by the Israeli Justice system. This General Assembly resolution only emphasizes its real goals, to undermine Israeli sovereignty. As proof the committee asks to investigate within Israel's territory, not just the areas where the Security Fence is located. I wonder if the final report would state that the proof that the Fence is unnecessary is that the investigating operatives were not actually killed by suicide bombers.
The fourth and fifth resolutions express concern regarding the provocation that took place at Jerusalem's Holy Sites, during Tisha B'av which is a Jewish day of grief, remembering the desolation of both Temples. The Jewish people in Israel requested to pray at the Temple Mount, which is inside Israel's borders. The Jordanian press published bombastic headlines like "The Jews are storming al-Aqsa", which painted the act of praying with false war-like colors, aiming to harm Israel's legitimacy. Apparently you deserve freedom to worship only if you are not Jewish.
The last resolution sheds an even brighter light upon the infamous UN bias against Israel. The resolution calls for Israel to give back the Israeli Golan Heights to Syria (that is also a signatory of the resolution). Israel annexed the Golan Heights after Syria attacked in 1973; the attack took place on the Jewish holy day of Yom Kippur, a day of fasting for the Jewish people. The Syrian forces rushed into the Israeli cities aiming to annihilate them. After Israel repelled the attack, the government decided to annex the Israeli Golan as a natural security border. A portion of the mountain ridge stayed in Syrian hands, thus serving as a natural boundary for both countries.
Since then, that front has been quiet, showing how Israel has managed to use a mountain as a peace resource. The people of the Golan Heights (almost all are Druze) have established good and ongoing relations with the Israeli people and the Israeli government. They enjoy freedom, equality, economic development and of course human rights. Their brothers and sisters that are unfortunately not on the Israeli side of the border, have suffered oppression from the Syrian regime, the Syrian civil war, and have also fallen victim of extermination attempts by ISIS.
During the Syrian civil war Israel has done its best to relieve civilians from as much suffering as possible, by using its military to provide to countless Syrian civilians with medical assistance. The very existence of Israel serves as protection to Syrian citizens who flee to the border. Israel has cared for the wellbeing of the Syrian people far more than the Syrian regime, who has slaughtered hundreds of thousands of their own people.
This resolution asks to cede Israeli territory to Syria and by doing that further increase the body count. Israel of course cannot accept this resolution since it jeopardizes the safety and security of its citizens, Jews, Arabs and Druze. In addition, I want to ask you, if you can help me find the connection between this resolution and the Palestinian people’s suffering?
As Israelis, we lost our trust in the UN long ago. From here it seems as if it serves as an international Anti-Semitic arm, which promotes the exact opposite ideals than the ones it was founded upon. I urge you to help reclaim truth and reason! Help us protect our Druze brothers, our freedom of worship, and the purity of intentions in the UN.
Child Soldiers -Avoidable Tragedy
57 million children live in war and conflict zones in 46 different nations globally.
17,000 children in Gaza are recruited to partake in hostilities against Israel.
Hamas terrorizes the children of Gaza.
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A lifeline for women caught in a cycle of prostitution
This Israeli Facebook group is a lifeline for women caught in a cycle of prostitution
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Dorit, 45, who has turned to prostitution on and off since she was a teenager, knew she needed to find a new apartment. The massive amount of clothing and household appliances that she splurged on with the fast cash she made on the street hardly left enough room for her bed.
But without supportive family members or friends, the task of clearing out and selling these items — plus moving her stuff to a new place — seemed physically and financially impossible. But she knew that getting away from this baggage was key to continuing a rehabilitation course — one that taught her job skills and confronted her psychological issues.”
Dorit, who lives in Tel Aviv, Israel, asked that her real name not be used due to the sensitive nature of her story.
Related: This sex trafficking survivor is moving on — by learning how to code
In December, a woman from Dorit's rehabilitation program worked with her on a Facebook post asking for assistance with the move. Within hours, several people Dorit had never met offered to lend a hand, and a few days later, these strangers were packing alongside her, transporting her things and painting her new rental.
“I really don’t know what I would have done without them,” Dorit said recently, adding that she's been able to make a fresh start, and so far, she has stayed out of prostitution.
The volunteers who came to Dorit aid are part of an Israeli, Hebrew-language Facebook group made up of women currently, formerly or trying to get out of prostitution, and other people who simply want to help. The group, called Lo Omdot Mineged, Hebrew for “Not Standing By Idly,” was started up jointly by Naama Goldberg, a self-described feminist, college instructor, doctoral candidate in gender studies, and a mother of three boys who lives near Tel Aviv, and Atar Artzi, a landscape architect and fellow feminist activist.
Related: We asked listeners why they can't quit Facebook. Here's what you said.
The group, now registered as a nonprofit organization, has provided support to hundreds of women — fulfilling requests for everything from groceries to clothing to raising money for an abortion when a woman got pregnant by a client. Most find out about the group through word of mouth.
“We don’t tell these women what to do; if someone wants help, she gets help, that’s it. ... We are all about action.”
Naama Goldberg, Lo Omdot Mineged, founder
“We don’t tell these women what to do; if someone wants help, she gets help, that’s it,” Goldberg explained. “We are all about action.”
Goldberg got the idea for the group after posting a request for donations on her personal Facebook page to help with university tuition payments for a former prostitute she met at a women’s rights rally in Tel Aviv. Within hours, the money was raised. So, Goldberg created Lo Omdot Mineged, thinking it would be a small forum for people willing to contribute in whatever ways they could. Now, it has more than 11,000 members all over the country.
“We never imagined it would be like this,” Goldberg said.
Related: Prostitution takes center stage as Spanish feminists rally to eliminate violence against women
Israel's 'revolution' in managing prostitution
The group has grown at a time of stepped-up efforts in Israel to reduce prostitution and provide assistance to the 12,000 people in sex work across the country — 95 percent of whom are women — according to a recent government survey. In December, the government passed a long-awaited law criminalizing the buying of sex, imposing fines on those who hire prostitutes but not punishing the prostitutes themselves.
Related: Why I can’t quit Facebook: I want to click 'love' when I see refugees' big milestones
This makes Israel the 10th country worldwide to embrace this so-called Nordic model, which originated in Sweden, where it has been credited with reducing prostitution, although experts are still divided on its effectiveness. In 2014, the European Parliament also passed a nonbinding resolution backing the Nordic model, saying this approach gives dignity to women in prostitution.
Along with the bill, the Israeli government earmarked about $30 million to be spent over three years for increased social and rehabilitative services to help people leave prostitution and for educational programs for those caught hiring prostitutes.
“We have seen a complete change in the last decade in the way the government and society relate to this issue.”
Flavia Sevald, Chief Executive Officer of the Jerusalem Institute of Justice
“We have seen a complete change in the last decade in the way the government and society relate to this issue,” said Flavia Sevald, chief executive of the Jerusalem Institute of Justice, a nongovernmental organization promoting human rights and a member of the Coalition Against Prostitution in Israel, a group whose lobbying efforts have been credited with helping create the new law.
In a politically fractured country, the issue has also been one of few that unites the right and the left.
Related: She was forced into sex work. Now that she’s left that behind, she dreams of being a doctor.
“We all put our egos aside and worked as a group,” said Idit Harel Shemesh, founder of the nonprofit organization Mythos, which raises public awareness about prostitution.
Even though the law does not come into effect until 2020, a drop in demand for paid sex has already resulted, and more women have contacted organizations to help them leave prostitution, as they see a threat to their source of income, Shemesh said. While these are widely seen as positive developments, she adds, some in prostitution also fear that their only source of income will be gone.
She says that more efforts are needed to help people transition out of prostitution, which is often a long and difficult process. The industry generates more than $300 million a year in Israel, according to a recent government study.
“It’s quite amazing to be part of this revolution in Israel,” said Reuma Schlesinger, former director of the Task Force on Human Trafficking and Prostitution, a project of the nonprofit Justice Works and a local law firm, which is also part of the Coalition Against Prostitution in Israel. “But it’s also more complicated than it seems when you go into the details.”
Transgender people are especially vulnerable, she says, as there are few social services aimed at them — and transgender prostitutes aren't as welcome by many nonprofits and charities that help females in sex work, according to Schlesinger.
Related: A Dutch brothel where women work for themselves
Leaving prostitution takes 'enormous effort'
To get out of prostitution, it almost always requires addressing issues like mental health, including post-traumatic stress disorder, addiction and emotional challenges, in addition to often not having job skills or social and familial support needed to make a living on their own, said Lilach Tzur Ben-Moshe, founder of Turning the Tables, an Israeli nonprofit organization that teaches sewing, design, business and life skills to women who have left prostitution.
Many of the women in her program ended up in prostitution after a long chain of other challenges, including poverty, childhood abuse, addiction and estrangement from their families, all of which need to be addressed, she said.
“For these women, to leave prostitution, it’s like going from one world to another,” Tzur Ben-Moshe said. “It takes enormous effort.”
Groups like Turning the Tables have increasingly relied on Lo Omdot Mineged to find supplementary support like food and clothing for women they are helping. They see the Facebook group playing an even bigger role once the anti-prostitution law comes into effect, leaving many women with no choice but to seek help.
“It’s such a simple idea, but really a genius idea,” Tzur Ben-Moshe said. “And it has helped so many women in my program remain strong enough to stay in my program.”
Goldberg and her 12-member volunteer staff vets and approves each request for help, often posting it on Facebook under their names after getting private messages both from women in prostitution currently, or previously, and social workers or program representatives. In most cases, the volunteers and women in need don’t meet face-to-face. Instead, Lo Omdot Mineged makes anonymous arrangements to deliver food or other items.
“I need to make sure I protect the privacy and safety of both sides,” Goldberg said. “So, it’s usually a ‘Secret Santa’ type of transaction.”
Sometimes, however, face-to-face meetings occur when volunteers help people move or make a hospital visit, for instance.
“We have developed deeper relationships with many of them, and over time, they begin to open up and ask for more serious help, help in getting out of prostitution altogether,” Goldberg said.
One former prostitute recently credited the group with providing the support she needed last year to stop seeking clients in Tel Aviv’s central bus station. Knowing that there were people who would bring her food and listen to her gave her the strength to get sober.
“Thank you to everyone in the group, this is the first time in my life that I don’t feel scared. I know I always have a listening ear and that there are good people in the world."
Anonymous, former sex worker who received support from Lo Omdot Mineged Facebook group
“Thank you to everyone in the group, this is the first time in my life that I don’t feel scared. I know I always have a listening ear and that there are good people in the world,” she wrote, after describing how a violent sexual attack and attempted robbery was the incident that finally pushed her to reach out to her doctor and begin to change her life.
She also included a note to those in the group who are still in prostitution: “To anyone who reads this and wants to get out of the cycle, just say so, and you will be wrapped in love.”
ANTI-PROSTITUTION LEGISLATION
JIJ has been a key player in promoting a legislative model based on Swedish legislation in the Israeli Knesset. The proposed law will prohibit the purchase of sexual services, placing legal responsibility on the buyer and not on the people enslaved in the industry. This bill also creates the social infrastructure that will support those individuals looking to escape their torment.
The criminalization of the purchase of sex services is key in diminishing this industry and liberating its victims. This is due to several compelling reasons. First, criminalization in other countries have proven to be more effective in curbing demand for prostitution, while administrative penalties, that is to issue fines, have proven to be less effective. Second, Israel is a strong democratic country that upholds the rule of law. This means that citizens are more likely to be deterred if a certain act is criminalized, as they will be held accountable. Third, the shame and social stigma of a criminal offence is a powerful deterrent. Fourth, the guilt and recklessness of purchasers of sex services is serious and warrants criminal punishment. Finally, criminalizing the purchase of sex services is crucial in demolishing the sex trafficking epidemic.
SUCCESS!
ISRAEL PASSES LAW BANNING THE BUYING OF SEX
31/12/2018
The Knesset unanimously passed a law forbidding the buying of sex, as Israel joins other countries that have taken this route in recent years such as Sweden and France.
According to the law, which passed in a 34-0 vote, anyone buying or attempting to buy sex would be fined 2,000 shekels ($534), which doubles for a second offense. For any further violations the offender could be prosecuted and the fine could reach 75,300 shekels.
The law goes into effect in a year and a half, to give the state a chance to create rehabilitation services for prostitutes. An inter-ministerial committee on reducing prostitution recommended that the government allocate tens of millions of shekels for this purpose.
In 2016, the Welfare Ministry estimated there were 11,420-12,730 sex workers driving the country’s NIS 1.2 billion ($318 million) industry. According to that report, 71 percent of prostitutes said they began sex work out of financial desperation, and 76% said they would leave the industry if they could.
Punishing prostitution clients was first introduced by Sweden in its 1999 Sex Purchase Act — since adopted by Norway, Iceland, Canada, France, and Northern Ireland — which requires consumers to pay a fine or face up to six months in jail.
the Rights of the Child
November 20, 2018 Jerusalem, Israel
Committee on the Rights of the Child (CRC)
Human Rights Treaties Division (HRTD)
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais Wilson - 52, rue des Pâquis
CH-1201 Geneva (Switzerland)
Dear Honorable Members of the United Nations,
On the anniversary of the Convention on the Rights of the Child (CRC), we, the Jerusalem Institute of Justice, appeal to you in order to improve the implementation of the rights of all children in the world.
Twenty-nine years ago, the world made a commitment to promote and protect the rights of its children. The Convention on the Rights of the Child constituted a major advance as it recognized children as right holders and created a positive obligation to treat them with equality, respect and dignity. Without doubt, the CRC has been an important source of inspiration for many countries and has led to substantial changes in laws to safeguard the child’s most fundamental human rights.
Despite these policies, an increasing number of children have been subjected to unspeakable violence in warfare in the past year. As verified by the United Nations, more than 21,000 serious transgressions of children’s rights have occurred from January to December 2017. One amongst many, is the use of children as human shields during hostilities – a tactic that has become increasingly present in contemporary conflict, notably in Gaza. Indeed, it is well known that Hamas – the de facto governing authority of the Gaza strip since 2007 – actively hides behind innocent lives to ensure its own survival. Children constitute one of its main targets as they are indoctrinated to an ideology of martyrdom and are incited to take part in suicide missions from a very young age. As a result, children become casualties of the cruelty of war, are deprived of normal childhood experiences and see their possible opportunities for the future reduced. More importantly, this practice comes as a serious breach to the very essence of the CRC. We express sincere concern for the future of children in the Middle East, as at the time of this writing, 230,000 children in Gaza are being indoctrinated and educated to an ideology of hatred.
We, the Jerusalem Institute of Justice, firmly condemn such immoral practices and believe, as per Ms. Virginia Gamba – the Special Representative of the Secretary-General for Children and Armed Conflicts –, that parties to conflict should be shielding children from the atrocities of war instead of allowing them to be exploited as human shields, “when your own house or your school can be attacked without qualms, when traditional safe-havens become targets, how can boys and girls escape the brutality of war?”.
We are urging the international community to put an end to this policy and bring justice to the children.
The Jerusalem Institute of Justice (“JIJ”) is a not-for-profit human rights organization that works towards the cultivation of civil justice and democracy. Our sole focus is the development and defense of human rights and providing true democracy for all. More precisely, we hold our focus on the protection of the people who are especially vulnerable to abuse of human rights, particularly children in armed conflict.
Yours sincerely,
Flavia Sevald, CEO
Jerusalem Institute of Justice
MILITARIZATION OF CHILDREN
The Jerusalem Institute of Justice The Complainant v. Ismail Abdel Salam Ahmed Haniyeh (إسماعيل عبد السلام أحمد هنية). Accused of war crimes committed against the children of Gaza. Communication to the Prosecutor of the International Criminal Court regarding the militarization of children as amounting to war crimes by Ismail Abdel Salam Ahmed Haniyeh
Submitted on September 13, 2018
EXECUTIVE SUMMARY
We, the Jerusalem Institute of Justice, submit this communication to the Office of the Prosecutor of the International Criminal Court concerning Ismail Haniyeh’s war crimes through the recruitment, enlistment and use of children below the age of 15 to participate directly in hostilities in an armed conflict.
On January 16, 2015, the Prosecutor began a preliminary examination into the “situation in Palestine” to determine whether a full investigation should be opened for crimes committed within the Palestinian territories. In this communication, we contend that if any full investigation is to be pursued into crimes committed “Palestine” then a case should be lodged against Haniyeh.
Haniyeh is, and has been at all times material to this communication, a senior leader of Hamas. He has played a pivotal role in developing and enforcing Hamas’s extremist ideology and consistent human rights violations against, amongst others, the Gazan civilian population. Not only did Haniyeh fail to prevent war crimes against children committed by Hamas operatives, he has actively encouraged the recruitment of child soldiers to bolster the Hamas military and paramilitary forces.
In this communication we provide evidence that Haniyeh is guilty of the war crime of conscripting, enlisting or using children below the age of 15 to participate actively in hostilities. Though this known colloquially as using “child soldiers”, the crime also includes the use of children to support hostilities, including as “human shields”.
First as the de facto and subsequently the de jure leader of Hamas, Haniyeh wielded effective control over the relevant activities in the Gaza Strip. Hamas’ interconnected command structure is such that the political, social and military wings of the organisation are intertwined, and in reality under a common, highly-centralised leadership. Accordingly Haniyeh knew of and was in a position to prevent the enlistment/conscription/use of children as active participants in hostilities, but failed to do so. Secondly and even more egregiously, Haniyeh was an active proponent of the enlistment/conscription/use through his attendance of graduation ceremonies for military training camps aimed at recruiting children, and giving numerous speeches in which he advocated children joining the military struggle against Israel.
The case is grave enough to merit further investigation. Haniyeh’s crimes have had and will continue to have devastating consequences on the children of Gaza, their families as well as their society and region. Apart from mental and physical injuries or even deaths, these actions destroy the childhood of their victims, and perpetuate an endless cycle of conflict which benefits no one but the Hamas leadership. There is no prospect of local justice; the Hamas-dominated Gazan Courts have done nothing to punish those who play a direct role in committing these crimes against children.
Haniyeh’s crimes are not merely historical; they are ongoing and contribute to the radicalisation of each new generation of Palestinians – rendering peaceful coexistence with their neighbours increasingly difficult. The ICC therefore has the rare opportunity to take an important step not just in punishing perpetrators and deterring war crimes, but also in improving Gaza’s civil society and promoting peace. For all these reasons, we urge the Office of the Prosecutor to launch a full investigation into the actions of Haniyeh.
The Darkest Hour
https://www.youtube.com/watch?v=_Rnhmu3H_DI
We don't have to go far to receive a clear picture of human injustices. And yet some of us choose not to see. The UN should open it's eyes, it has the opportunity to change lives.