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,
Amnesty International- Hamas excessive use of force
March 28th, 2019
Amnesty International Israel
Kibutz Galuyot Rd. 32
Tel Aviv – Yaffo
Dear Amnesty International,
As an NGO who shares the objective of defending human rights, we endorse your condemnation of terrorist organization Hamas’ brutal and excessive use of force against Palestinian protesters, journalists, and human rights workers and your related call for action.
The Jerusalem Institute of Justice strongly condemns how Hamas’ security forces countered the peaceful Palestinian demonstration known as “The revolt of the hungry” on March 14th. We want to express our contempt for Hamas’ actions such as arbitrary arrests, beatings, torture and the use of grenades and live ammunition. Not only did the Palestinian population suffer, so did journalists and human right workers. We decry the detention of Hind Khoudary and the threats directed towards her.
We understand that this event affected your organization on a personal level. And this makes us wonder, where were the reports on Hamas’ previous crimes against the Palestinian population when you were not personally targeted? Why would you only raise issue with Hamas’ atrocities now?
Since 2016, 17.000 Palestinian children have been used and abused for military purpose. Where have you been? Where were you when Hamas opened summer camps for Palestinian children where they ‘enjoy’ various activities such as military training and Hamas ideology indoctrination?
It suggests that you genuinely care about Human Rights violations. However, only when they happen on your doorstep, with your own people involved. Moreover, because the use of excessive force by Hamas against its own population reached alarming levels long before March 14th 2019, may we ask what makes this event different?
Apart from these critical questions, we support your recent condemnation and your call for action regarding Hamas’ human rights violations on March 14th. Better now than never. And we see your statement about watching the Gaza authorities and your call for investigations as a message of hope. We therefore look forward to your follow up reports and reply on this matter.
Yours sincerely,
Flavia Sevald, CEO
Jerusalem Institute of Justice