HRC 50th Session - Written Statement
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Mr. President,
We, the Jerusalem Institute of Justice, an Israeli NGO fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike, find it of the utmost importance to reject the so-called independent commission of inquiry named “The United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (COI)”.
Israel-UN relations have known many lows throughout the years. From General Assembly resolution 3379 equating Zionism with racism, through the anti-Israel 2001 Durban World Conference against Racism which devolved into a vicious forum for Israel bashing and antisemitism, the UN has shown time and time again that its founding values of universality, impartiality, objectivity, and non-selectivity, are disregarded when it comes to the condemning of Israel. Let us be clear, this systematic campaign is done with the clear intention of delegitimizing the only democracy in the middle east.
The COI was formed in the wake of the 2021 Gaza Conflict, a conflict which erupted as a result of the indiscriminate firing of rockets and mortars by the Palestinian terrorist organizations in Gaza. The formation of this COI constitutes an escalation in the UN’s hostile approach towards Israel. If up until today the UN’s resolutions had more of a declarative nature, this COI was formed to prepare the ground for operative steps against Israel. This commission goes as far as to call upon third states to ignore Israel’s sovereignty and take action in regards to the Israeli-Palestinian conflict. Furthermore, the COI was tailor-made to enable the International Criminal Court to take legal action against Israel on the basis of the alleged Israeli breach of the Rome Statue.
It is enough to look at the COI’s mandate to grasp its prejudice towards Israel. The bias of the COI is especially evident in the terminology used in the text of the mandate, which designates the commission to “Investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity”. This kind of terminology has been put forth to prepare the ground for the commission’s expected false conclusion that Israel is an apartheid state. In addition, this terminology shows the commission will try to assign all the responsibility on the continuation of the conflict on Israel.
Furthermore, this commission of inquiry was assigned an extremely wide scope to investigate. Although the inquiry was formed as a response to the 2021 Gaza conflict, the scope of the investigation, as designated by its mandate, permits it to focus on issues related to the conflict since 1948. If this commission was formed as a response to the conflict in Gaza last year, why is it investigating the history of the conflict since 1948? Moreover, the terrorist organization Hamas is not mentioned even once in the resolution or the text of the mandate. This goes to show, once more, the minor role Hamas will be given in this commission’s report.[1]
This commission is of unprecedented measures. It has received an extremely large budget of millions of dollars, an unusually large staff of 18 permanent workers, and is also one of only 2 UN bodies ever created with an open-ended mandate. No other commission of inquiry has ever received a continuing mandate. Additionally, like any other “objective” UN inquiry on Israel, the choice of the inquisitors is intended to pre-determine the answer – even though this is in clear violation of UN rules. The Code of Conduct for Special Procedures Mandate-holders states very clearly that members of inquiries are required to follow to a specific code of conduct - they are supposed to uphold the highest standards of impartiality. “The work of the Council shall be guided by the principles of universality, impartiality, objectivity, and non-selectivity”.[2]
The three members of this Commission are anything but independent. The head of the Commission, Navi Pillay, was a key leader of the 2001 UN Durban World Conference against Racism which called Israel a racist state. Additionally, as United Nations High Commissioner for Human Rights during the 2008-9 and 2014 Gaza wars, Pillay played a pivotal role in promoting the Goldstone report and the outrageous slander that Israel targeted and murdered children. Since leaving office, she’s made a habit of promoting BDS and accusing Israel of apartheid. In a speech to the South African Department of International Relations and Cooperation’s seminar “The Year of Oliver Tambo and The Palestinian Struggle under Apartheid Rule, Pretoria, South Africa,” Pillay stated the following: “Apartheid is now being declared a crime against humanity in the Rome Statute, and it means the enforced segregation of people on racial lines, and that is what is happening in Israel.”[3] At the same event, Pillay also noted that she has met with members of the BDS campaign and that she hoped this “Palestinian struggle to end colonization”[4] will “catch on, as did the anti-apartheid movement.”[5] Is having an individual who has already accused Israel numerous times of being an apartheid state and who has publicly endorsed the BDS campaign lead this commission consistent with the UN’s own standard of impartiality?
In addition, the two other members of the committee, Miloon Kothari and Chris Sidoti, both hold anti-Israel extremism and Palestinian partisanship records. In 2002 Khotari issued a report claiming Israel was guilty of “ethnic cleansing” during the Second Intifada. In 2006 he claimed in a UN press release that the factors underlying the ongoing conflict between Israel and the Palestinians are the World Zionist Organization and Jewish National Fund’s colonization activities in the Jordan Valley. Chris Sidoti provides strategic guidance and advice to the Australian Centre for International Justice which works in partnership with the Palestinian Human Rights Organization Council. This Australian Centre issued a report in 2021 that calls on the Australian government to endorse BDS and the criminal prosecution of Israelis.[6] In conclusion, none of the three members of this so-called independent Inquiry meet the UN’s own rules of independence, impartiality, and objectivity.[7]
The result of this witch hunt is a foregone conclusion. This unfair commission of inquiry is expected to accuse Israel of being an apartheid state and thus target its legitimacy as a state. Therefore, we call on the Human Rights Council to revoke the resolution forming this commission. Alternatively, we recommend the removal of the three prejudiced judges heading the commission and that impartial judges be instated in their place.
Let us finish with, none other than, former Secretary General, Mr. Ban Ki-moon, who in a talk with Israeli students admitted the UN’s bias towards Israel saying the following:
“Unfortunately, because of the [Israeli-Palestinian] conflict, Israel’s been weighed down by criticism and suffered from bias — and sometimes even discrimination.”[8]
[1] https://www.ohchr.org/en/hr-bodies/hrc/co-israel/index
[2] https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/5/2
[3]https://www.youtube.com/watch?v=6sIEfCf1Dhs&ab_channel=NTUInstituteofScience%26TechnologyforHumanity
[4] Ibid.
[5] https://www.youtube.com/watch?v=nF61qfb5J-k&ab_channel=Africa4Palestine
[6] Ibid.
[7] https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/5/2
[8] https://www.timesofisrael.com/israel-faces-bias-at-un-ban-says/
52 Palestinians Tortured = UN Crimes Against Humanity
Jerusalem Institute of Justice- Submission to The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel
Dear Honorable Commission,
We, the Jerusalem Institute of Justice, are a not-for-profit human rights organization, with Special Consultative Status at the UN Economic and Social Council, fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike. Due to our hope of ever-lasting peace in the region, we find it of the utmost importance to address your call for submissions of relevant information and documentation to the mandate of the Commission.
The attached report concerning the Crimes against Humanity committed against Palestinian citizens by the Palestinian Authority (PA) was filed by our organization at the Office of the Prosecutor at the International Criminal Court (ICC) in The Hague on the 20th of February 2019, together with the report on Mahmoud Abbas’s Crimes against Humanity. The report includes testimonies of 52 Palestinian civilians who have suffered the grave atrocities of arbitrary imprisonment, torture, and murder by the PA during the time period of 1991 to 2004. We argued that a full investigation of crimes against humanity should be pursued, and a case should be lodged, against Mahmoud Abbas, as President of the PA, for his role in the murder, torture, and unlawful imprisonment of innocent Palestinian civilians. Following this communication, and others, an investigation of the “Situation in Palestine” was commenced by the Chief Prosecutor of the ICC on the 3rd of March 2021. The submission of this report is in accordance with the COI’s mandate to collect evidence and information of abuses of international human rights law and identify those responsible.
On November 11, 2018, the Israeli Supreme Court rejected an appeal and upheld the district court ruling that found the PA liable for unlawful imprisonment in a precedent-setting ruling and ordered the PA to compensate the 52 plaintiffs. The victims, suspected by the PA of “collaboration with Israel,” suffered extreme physical and emotional trauma that has caused numerous long-term damages. The Supreme Court found all testimonies reliable. As President of the Palestinian Authority, Abbas has played a pivotal role in exercising effective authority and control over the imprisonment, torture, and murder of these Palestinian civilians, in furtherance of a state policy designed to deter resistance towards his Government. During his time in power, Abbas has directed or allowed these crimes to be committed against these Palestinians and many more. Abbas’s acts of arbitrary imprisonment, torture, and murder against these Palestinians and many more constitute crimes against humanity under Article 7 of the Rome Statute of the International Criminal Court.
We urge the commission to look into these violations of Human Rights committed by the Palestinian Authority and include them in their report due to be presented in the Human Rights Council’s June regular session.
Yours sincerely,
Flavia Sevald, CEO,
Jerusalem Institute of Justice,
Murder of Palestinians = UN Crimes Against Humanity
Jerusalem Institute of Justice- Submission to The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel
Dear Honorable Commission,
We, the Jerusalem Institute of Justice, are a not-for-profit human rights organization, with Special Consultative Status at the UN Economic and Social Council, fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike. Due to our hope of ever-lasting peace in the region, we find it of the utmost importance to address your call for submissions of relevant information and documentation to the mandate of the Commission.
The attached report concerning Hamas’s Crimes against Humanity was filed by our organization at the Office of the Prosecutor at the International Criminal Court (ICC) in The Hague, on the 24th of July 2019. We argued that a full investigation of crimes committed within the Palestinian territories should be pursued, and a case should be lodged, against Ismail Haniyeh, head of the political wing of Hamas, for his role in the crimes against humanity committed through widespread and/or systematic acts of murder, imprisonment, and torture of civilians in the Gaza Strip. Following this communication and others, an investigation of the “Situation in Palestine” was commenced by the Chief Prosecutor of the ICC, on the 3rd of March 2021. The submission of this report is in accordance with the COI’s mandate to collect evidence and information of abuses of international human rights law and identify those responsible.
As leader of Hamas, Haniyeh has played a pivotal role in developing and enforcing Hamas’s extremist ideology and consistent human rights violations against the Gazan civilian population as well as others. Haniyeh knew of and was in a position to prevent the crimes against humanity that have been committed against the civilian population of Gaza; yet he has manifestly failed to do so. Haniyeh’s crimes have had and will continue to have devastating consequences on the entire population of Gaza and the rest of society in the surrounding region. These crimes benefit no one but Hamas’s leadership.
Haniyeh’s acts of widespread and systematic murder against the civilian population of Gaza constitute crimes against humanity under Article 7 of the Rome Statute of the International Criminal Court (Rome Statute). In addition, the crimes of torture committed by Hamas security forces and police officers also constitute crimes against humanity under Article 7 of the Rome Statute.
We urge the commission to look into these violations of Human Rights committed by Hamas and include them in their report due to be presented at the Human Rights Council’s June regular session.
Yours sincerely,
Flavia Sevald, CEO,
Jerusalem Institute of Justice,
Abuse of Palestinians = UN Crimes Against Humanity
Jerusalem Institute of Justice- Submission to The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel
Dear Honorable Commission,
We, the Jerusalem Institute of Justice, are a not-for-profit human rights organization, with Special Consultative Status at the UN Economic and Social Council, fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike. Due to our hope of ever-lasting peace in the region, we find it of the utmost importance to address your call for submissions of relevant information and documentation to the mandate of the Commission.
The attached report concerning the Palestinian Authority’s (PA) Crimes against Humanity was filed by our organization at the Office of the Prosecutor at the International Criminal Court (ICC) in The Hague on the 20th of February 2019. We argued that a full investigation of crimes against humanity should be pursued, and a case should be lodged, against Mahmoud Abbas, as President of the PA, for his role in the systematic and widespread campaign of murder, torture, and unlawful imprisonment against parts of the Palestinian population in the territory of Judaea and Samaria, known as the “West Bank”. Following this communication, and others, an investigation of the “Situation in Palestine” was commenced by the Chief Prosecutor of the ICC on the 3rd of March 2021. The submission of this report is in accordance with the COI’s mandate to collect evidence and information of abuses of international human rights law and identify those responsible.
As President of the Palestinian Authority, Abbas has played a pivotal role in exercising effective authority and control over the widespread or systemic murder, imprisonment and torture of the Palestinian civilians, in furtherance of a state policy designed to deter resistance towards his government.
During his time in power, Abbas has directed or allowed these crimes to be committed against various 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. Abbas’s acts of widespread and systematic murder against the civilian population of the West Bank constitute crimes against humanity under Article 7 of the Rome Statute of the International Criminal Court (“Rome Statute”). In addition, the crimes of torture committed by the Palestinian Authority’s police officers constitute crimes against humanity under Article 7 of the Rome Statute.
We urge the commission to look into these violations of Human Rights committed by the Palestinian Authority and include them in their report due to be presented in the Human Rights Council’s June regular session.
Yours sincerely,
Flavia Sevald, CEO,
Jerusalem Institute of Justice,
Children of Gaza = UN War Crimes
Jerusalem Institute of Justice- Submission to The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel
Dear Honorable Commission,
We, the Jerusalem Institute of Justice, are a not-for-profit human rights organization, with Special Consultative Status at the UN Economic and Social Council, fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike. Due to our hope of ever-lasting peace in the region, we find it of the utmost importance to address your call for submissions of relevant information and documentation to the mandate of the Commission.
The attached report concerning Hamas’s war crimes was filed by our organization at the Office of the Prosecutor at the International Criminal Court (ICC) in The Hague on the 13th of September 2018. We argued that a full investigation of crimes committed within the Palestinian territories should be pursued, and a case should be lodged, against Ismail Haniyeh, head of the political wing of Hamas, for his role in the commission of war crimes through the recruitment, enlistment and use of children below the age of 15 to participate directly in hostilities in an armed conflict. Following this communication, and others, an investigation of the “Situation in Palestine” was commenced by the Chief Prosecutor of the ICC on the 3rd of March 2021. The submission of this report is in accordance with the COI’s mandate to collect evidence and information of abuses of international human rights law and identify those responsible.
As a senior leader of Hamas for many years, Haniyeh has played a pivotal role in the exploitation of the most vulnerable in society, the children of Gaza. Not only did Haniyeh fail to prevent war crimes against children committed by Hamas operatives, he has actively encouraged the indoctrination from an early age and recruitment of child soldiers to bolster the Hamas military and paramilitary forces. Firstly, as the de facto and subsequently the de jure leader of Hamas, Haniyeh knew of and was in a position to prevent the enlistment of children as active participants in hostilities, but failed to do so. Secondly, and even more egregiously, Haniyeh was an active proponent of the conscription 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 use of children under 15 to participate in armed conflict is also considered a criminal activity pursuant to Article 8 of the Rome Statute of the International Criminal Court.
We urge the commission to look into these violations of Human Rights committed by Hamas and include them in their report due to be presented in the Human Rights Council’s June regular session.
Yours sincerely,
Flavia Sevald, CEO,
Jerusalem Institute of Justice,
Amnesty International = Bias Against Israel
We have written a letter to Amnesty International in response to their extremely biased report against Israel titled “Israel’s Apartheid Against Palestinians: Cruel System of Domination and Crime Against Humanity”.
Dear Amnesty International,
We, the Jerusalem Institute of Justice, an Israeli NGO fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike, find it of the utmost importance to address your recent report titled “Israel’s apartheid against Palestinians: Cruel system of domination and crime against humanity”.
We believe the report’s attempt to allege that Israel has maintained “a system of oppression and domination” over the Palestinians that meets the international definition of apartheid is a preposterous and baseless claim. Israeli Arabs take an active part in Israeli life, as military and police commanders, as ministers, as diplomats, and as Supreme Court judges. In addition, there’s an Arab party in the current coalition and in June 2021 Israeli Arab Parliament Members held a conference in the parliament of the so called apartheid regime of Israel titled: “Between Occupation to Apartheid”. The report also accuses Israel’s “apartheid” of extending “over Palestinian refugees whose right of return to their homes remains controlled by Israel.” To claim that Israel imposes a system of oppression and domination on Palestinians that live in Lebanon, Jordan, or the United States is completely absurd.
We condemn the terminology used in the report referring to the terrorist organization “Hamas” as solely an “armed group”, whereas this organization clearly falls under the various definitions for terrorism. Furthermore, the European Union, the United Kingdom, and the United States have all designated it as a terrorist organization. Hamas periodically violates International Humanitarian Law by firing rockets and mortars from densely populated areas, thus placing Gazan civilians in grave danger as “human shields.” In the most recent Israel-Gaza conflict, in May 2021, Hamas (the armed Palestinian groups that the report refers to) fired thousands of indiscriminate rockets towards Israeli towns, killing thirteen Israelis. Hamas also misfired hundreds of rockets that fell into the Gaza Strip, killing Palestinians and damaging Palestinian property, these acts are heinous war crimes, yet your report does not mention them even once. The report only mentions alleged war crimes committed by Israel.
Moreover, this report is above all a blatant means to delegitimize the State of Israel and criminalize Israeli laws and practices that are designed to safeguard Jewish identity, such as the Law of Return. The report infers that this law is a form of oppression of Palestinians: “This unequal and separate citizenship structure has resulted in stark discrimination against Palestinian citizens in several ways”. To propose that the law constitutes a form of discrimination towards Palestinians is outrageous, since its sole purpose is to safeguard Israel’s Jewish character. Furthermore, this law and others are enshrined under international law and parallel the practices of many nation-states.
Yours sincerely,
Flavia Sevald, CEO,
Jerusalem Institute of Justice,
If you agree with this letter and want to send a petition to Amnesty International letting them know that you stand up for Israel and believe their report is biased click the button below to sign the petition. It will get sent to Amnesty International’s London
headquarters.
PETITION TO AMNESTY INTERNATIONAL
Dear Amnesty International,
I stand with the Jerusalem Institute of Justice, an Israeli NGO fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike, and find it of the utmost importance to address your recent report titled “Israel’s apartheid against Palestinians: Cruel system of domination and crime against humanity”.
We believe the report’s attempt to allege that Israel has maintained “a system of oppression and domination” over the Palestinians that meets the international definition of apartheid is a preposterous and baseless claim. Israeli Arabs take an active part in Israeli life, as military and police commanders, as ministers, as diplomats, and as Supreme Court judges.
Moreover, this report is above all a blatant means to delegitimize the State of Israel and criminalize Israeli laws and practices that are designed to safeguard Jewish identity.
We call upon Amnesty International to cease their attack on Israel!
I declare that the State of Israel does not perpetuate apartheid and has a right to exist as the homeland of the Jewish people.
Signed by
Stop the Apartheid Lie - Petition Against the UNHRC
With an extremely wide scope, an unreasonable budget of $18 million, 18 full-time employees and three members with a track record of hostility towards Israel chosen to lead the inquiry, the UN Human Rights Council (UNHRC) has initiated a permanent “Commission of Inquiry” (COI) into Israel, which constitutes a blatant and unprecedented direct attack on Israel.
The United Nations (UN) is perhaps the most biased global human rights organization in modern history when it comes to Israel. During the 70 plus years of Israel-UN relations, much ink has been spilled on the disproportionate preoccupation of the UN with Israel. Starting with a disgraceful resolution determining that Zionism is a form of racism and racial discrimination, to an unequivocal recognition by former UN secretary-general, Ban Ki-moon officially confirming that the UN is biased against Israel. But every time you think they hit rock bottom, a new low is waiting around the corner. This time the hypocrisy and prejudice that characterize the UN’s approach toward Israel have reached new lows.
With an extremely wide scope, an unreasonable budget of $18 million, 18 full-time employees and three members with a track record of hostility towards Israel chosen to lead the inquiry, the UN Human Rights Council (UNHRC) has initiated a permanent “Commission of Inquiry” (COI) into Israel, which constitutes a blatant and unprecedented direct attack on Israel.
The pretext for this inquiry was to investigate the May 2021, 11-day conflict between Israel and Hamas, in which Hamas fired thousands of indiscriminate rockets towards Israeli towns, killing innocent Israelis and Palestinians alike. The real reason for this inquiry though is to accuse Israel of systematic discrimination and repression based on the national, ethnic, racial or religious identity of Palestinians. In other words, to classify Israel as an Apartheid state.
The UN refuses to allow the facts and the reality on the ground to divert it from its course. A reality in which Arab Israelis are intertwined in all aspects of the Israeli society. They are leading commanders in the Israeli Defense Forces, they hold high positions in the Israeli Police Forces, and they serve as ministers, diplomats, and even judges at the Israeli Supreme Court. But all of this is completely irrelevant for the UN.
As part of the orchestrated apartheid campaign, Amnesty International, the world’s largest human rights organization and a leading player in antisemitic campaigns, published a 211-page report accusing Israel of implementing an institutionalized regime of Jewish oppression and control over the Palestinians. The report denies Israel’s right to exist as the nation state of the Jewish people. It is a clear and blatant demonstration of modern antisemitism. It features twisted legal analyses and a series of fabrications intertwined with ridiculous terminology. One that describes, inter alia, the designated terror group Hamas, as an “Armed Group”.
The publication of the report at this time is intended to strengthen the legitimacy of the UNHRC Committee and its conclusions. A foregone conclusion. In addition, Amnesty calls on the international community to exercise pressure on Israel by calling for an Arms Embargo on Israel and calling on the Chief Prosecutor of the International Criminal Court in The Hague to investigate Israel for committing the crime of Apartheid.
Israel understands very well that this is a rigged game. The committee’s conclusions were reached even before the committee began its work. I expect that the committee will determine that Israel is an apartheid state.
A similar process took place several months ago when the International Criminal Court in The Hague announced the opening of a criminal investigation against Israel, in a disgraceful political decision that lacks any legal or moral justification.
Israel has officially announced that it will not cooperate with the UNHRC probe and will not allow its members to enter Israel. Israel has recently refused a request by Ms. Navi Pillay, the Commission’s chair to meet with Israeli officials. This will not be the first time that Israel chooses not to cooperate with initiatives and resolutions that meet all the characteristics of modern antisemitism. Open boycott instead of cooperation, is Israel’s new approach.
PETITION TO THE UNITED NATIONS HUMAN RIGHTS COUNCIL
Dear United Nations Human Rights Council,
I stand with the Jerusalem Institute of Justice, an Israeli NGO fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike, and find it of the utmost importance to reject the so-called independent commission named “The United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel”.
The mandate and structure of this “inquiry” have been designed to rewrite history from 1948, to find Israel guilty of apartheid and to declare the “root causes” of “conflict” to be Jewish infringement of Muslim rights. The commission’s plan is to falsely accuse Israel of racism, to validate criminal prosecutions of Israelis and to call upon “third states” and “business enterprises” to boycott, divest and sanction Israel.
Also, the three members of this Commission are anything but independent. The head of the commission, Navi Pillay, was a key leader of the 2001 UN Durban World Conference against Racism which called Israel a racist state. As United Nations High Commissioner for Human Rights during the 2008-9 and 2014 Gaza wars, Pillay played a pivotal role in promoting the Goldstone report and the outrageous slander that Israel targeted and murdered children. Since leaving office, she’s made a habit of promoting BDS and accusing Israel of apartheid. In addition, the two other members of the committee, Miloon Kothari and Chris Sidoti, both hold anti-Israel extremism and Palestinian partisanship records.
The result of this witch hunt is a foregone conclusion. Therefore we demand the Human Rights Council to revoke the resolution forming this commission.
Human Shields = UN War Crimes
Jerusalem Institute of Justice- Submission to The Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel
Dear Honorable Commission,
We, the Jerusalem Institute of Justice, are a not-for-profit human rights organization, with Special Consultative Status at the UN Economic and Social Council, fighting to promote human rights, defend democracy, and improve the overall quality of life for Israelis and Palestinians alike. Due to our hope of ever-lasting peace in the region, we find it of the utmost importance to address your call for submissions of relevant information and documentation to the mandate of the Commission.
The attached report concerning Hamas’s actions during Protective Edge Operation (the 2014 Gaza war) was filed by our organization at the Office of the Prosecutor at the International Criminal Court (ICC) in The Hague on the 6th of March 2017. We argued that a full investigation of crimes committed within the Palestinian territories should be pursued, and a case should be lodged, against Ismail Haniyeh, head of the political wing of Hamas, for his role in the commission of war crimes during the 2014 Gaza war. Following this communication, and others, an investigation of the “Situation in Palestine” was commenced by the Chief Prosecutor of the ICC on the 3rd of March 2021. The submission of this report is in accordance with the COI’s mandate to collect evidence and information of abuses of international human rights law and identify those responsible.
There were two primary war crimes committed by Hamas militants during the war within the Gaza strip. First, they consistently used civilians for military protection and purposes, placing the Gazan population in grave danger as “human shields.” This was done by firing rockets and mortars from densely populated areas, by encouraging (and sometimes forcing) civilians to remain in potential military targets, and by storing rockets in schools, hospitals, mosques, and other civilian structures. Second, the rockets Hamas used during the war are inherently indiscriminate under international law, and were therefore unlawful to use. These rockets are unable to be controlled, and therefore could not accurately be fired at lawful military targets.
These heinous crimes reoccurred during the most recent Gaza conflict in May 2021– Hamas fired more than 4,360 rockets and mortars from residential areas. Of those, approximately 680 misfired and fell into the Gaza Strip, killing Palestinians and damaging Palestinian property, and 3,570 of the remaining rockets struck Israeli towns and cities. Thirteen Israelis were killed, and hundreds were injured. These war crimes are also considered criminal activity pursuant to Article 8 of the Rome Statute of the International Criminal Court – “War Crime of Using Protected Persons as Shields”.
We urge the commission to look into these violations of Human Rights committed by Hamas and include them in their report due to be presented in the Human Rights Council’s June regular session.
Yours sincerely,
Flavia Sevald, CEO,
Jerusalem Institute of Justice,
Your Worst Enemy is Your Best Teacher
by JIJ intern
The Israeli-Palestinian conflict involves two peoples, the Jews and the Palestinians. The two groups often have two competing narratives, two contrasting histories, two sets of terminologies and even two different maps (Ipfatid, 2021). This contributes to a zero-sum mindset in which voices on each side view the other groups’ perspective as an existential threat.
Unfortunately, the international community often takes advantage of both parties distress by sharing incomplete, inaccurate or outdated information on the Israeli-Palestinian conflict. This usually accentuates the divide between Palestinians and Jews (Ipfatid, 2021).
In order to move past this divide, I believe that Israelis and Palestinians, Jews and Arabs, must find common ground between their respective narratives. Luckily, important peace-builders, such as Yossi Klein-Halevi, New York Times best-selling author of Letters to my Palestinian Neighbour, are actively working toward integrating each group’s national narrative in an effort to achieve a lasting, warm peace (Klein-Halevi, 2021).
In Klein-Halevi’s brilliant talk on YouTube titled Israeli and Palestinian Narratives, he breaks down the strengths and the weaknesses of each party’s narrative (JBS, 2015). For the Palestinians, there is the advantage of being the majority presence in Israel/Palestine prior to 19th century Zionist immigration. Meanwhile, for the Jews there is the advantage of identity: a consistent story linking the Jewish people to the land of Israel for 3,500 years.
The more the conflict between the two parties has intensified, the more each side has learned to compensate for deficits in their own story through the other group’s narrative (JBS, 2015). For instance, Zionist immigration to the Land of Israel starting in the 19th century allowed Jews to no longer be a minority within the Holy Land. Meanwhile, in the 19th century, the Palestinians did not have a distinct national identity. To compensate for this lack, Palestinians cultivated a national identity separate from the broader Arab and Muslim world (JBS, 2015).
That being said, the friction between Jewish presence in the Holy Land and a distinct Palestinian identity is often at the heart of the divide between the two parties. There are people on both sides of the conflict that declare the other group is an illegitimate, foreign interloper with no rights to live or self-determinate in this land (Behan, 2021).
Despite this sentiment, in some ways both parties have already succeeded in their national aspirations: there is now a large Jewish presence in the Land of Israel and there is also a distinct Palestinian national identity. Given that the Jews and the Palestinians, whether it was unintentionally or purposefully, learned from each other how to strengthen their own national movements, this may present a potential pathway to conflict resolution: recognizing similarities (JBS, 2015).
Bridging the gap between both parties’ national narratives may involve acknowledging the commonalities between Jewish and Palestinian aspirations. This includes recognizing the legitimacy of both peoples’ identities and recognizing the right for both peoples to live in this land (Behan, 2021).
Finally, this includes acknowledging that both sides have at times experienced the Israeli-Arab conflict as victims. Israelis often see themselves as a minority within the broader Arab and Muslim world, most of which has historically sought to destroy the Jewish state. Meanwhile, Palestinians usually perceive themselves as a marginalized population resisting a well-established country (Ipfatid, 2021). Ultimately, to move forward there must be a willingness from both Jews and Palestinians to humanize, empathize and integrate each other’s national narratives on the conflict (JBS, 2015).
References
Behan, Daniel (2021, March 16). Palestinians and Ashkenazi Jews: Co-Indigenous To The Same Land. Retrieved February 1, 2021, from https://blogs.timesofisrael.com/ palestinians-and-ashkenazi-jews-co-indigenous-to-the-same-land/ [@ipfatid] (2021, June 2).
Why is Approaching the Israeli-Palestinian Conflict With Nuance So Difficult [infographic]. Instagram. https://www.instagram.com/ipfatid/ [JBS] (2015, April 14).
Yossi Klein Halevi: Israeli and Palestinian Narratives [Video]. Youtube. YouTube.com/watch?v=_bLOfHov7IY&t=399s Klein-Halevi, Yossi (2021, November 23).
To The Students Who Walked Out on Palestinian Israeli Dialogue. Retrieved February 1, 2021, from israel.com/to-the-students-who-walkedout-on-palestinian-israeli-dialogue/?fbclid=IwAR1Ks61fQ8HhWDKnpwZ2ACVEhJ9eOxnCGfJE_mxkDUGGvvBMypUJ0KAqc
JUSTICE, THE BIBLE, AND US
Operating in the only democracy in the Middle East, the Jerusalem Institute of Justice uses the law to seek equality and fair treatment. Since the establishment of Israel in 1948, the country has been striving to find a balance between democratic values and its nature as a Jewish State.
We sometimes find a disparity between the law and political interests. For example, since the state’s beginnings, Jewish Ultra-Orthodox political factions have had a monopoly on matters of faith, deciding who is a Jew and who receives religious and civil rights. This creates huge challenges for other streams of Judaism and for those who profess any other faith, highlighting the need for the services provided by JIJ.
As an Israeli human and civil rights organization, JIJ draws its working principles from two monuments of thought. These are monuments that have decisively impacted western civilization. The first of course is the Bible, the second, which was written after the Holocaust, is the Universal Declaration of Human rights.
The Bible expresses God’s heart for the world, teaching us as it says in Micah 6:8, to walk humbly, pursue justice, love mercy, to have a proper regard for each person and to influence the development of a better society.
The rabbis in the Talmud say that the Torah begins and ends with justice. (Exodus Rabbah 30:19). But what is Justice? In Judaism, justice is the equal and right application of God’s law and morality for mankind.
In Hebrew, there is a clear connection between
- Justice-Tzedek,
- A righteous person- Tzadik,
- And acts of righteousness- Tzedakah
These terms are rooted in wisdom. The base of these words are three letters (tzadik, dalet and kuf) צ-ד-ק.
The only difference between the words is the addition of letters י(yud) and ה (heh) which both represent in Jewish tradition the full name of the Lord. Here we see the centrality of God in justice.
- To bring justice צדק,
- a godly person, צדיק,
- must perform godly acts, צדקה
The Universal Declaration of Human Rights which was based on Judeo-Christian values, mirrors the principles of human dignity, our responsibility to each other and personal freedoms.
Part 2 – coming soon