Guardian of the Walls
The recent 11 day conflict between Israel and Hamas was named "Operation Guardian of the Walls" by Israel. Hamas has named it the "Sword of Jerusalem." Hamas, a terrorist organization was waiting for the right opportunity to ignite the region and enter a violent confrontation with Israel. Its leaders were interested in declaring publically, that they have control over all affairs regarding Jerusalem. The matter of the evacuation of families from the Sheikh Jarrah neighborhood in East Jerusalem (in accordance with the ruling of the Israeli court), along with the perceived weakness of the President of the Palestinian Authority, Mahmoud Abbas, provided Hamas with the appropriate pretext. Thus, on May 10, on the day Israel celebrates the unification of Jerusalem, Hamas initiated a missile attack on Jerusalem. For Israel, this attack turned into an opportunity to critically undermine the terrorist threat posed by Hamas and militant groups operating in Gaza.
Israel made it clear that it will not tolerate being fired upon. And to have rockets launched at its capital, Jerusalem, was unacceptable!
The political echelon in Israel set three goals for Operation Guardian of the Walls:
- - Increasing Israeli military deterrence capabilities
- - Destruction of terrorist infrastructure, elimination of the rocket manufacturing and launching capacities of Hamas
- - Separating Hamas from any affairs related to Jerusalem
A review of the results of Operation Guardian of the Walls reveals a partial success. Israeli military deterrence capabilities have been restored through the almost total destruction of rocket production capacity in the Gaza Strip and critical damage to the "Gaza Metro," Hamas' tunnel network. Hamas was the first to ask for a ceasefire. As for the third goal that Israel set, the severance of Hamas' connection to Jerusalem, it seems that unfortunately, Israel has failed here. Hamas, succeeded in framing the national and political narrative in which it operated, linking the fate of the Gaza Strip to that of East Jerusalem and the West Bank. Hamas made it clear to Israel and the entire world that it has no problem sacrificing Gaza, and its two million citizens, to gain Jerusalem. This was confirmed in a speech given by Ismail Haniyeh, the head of the Hamas political bureau, from his seat in Qatar, in which he states that Hamas is fighting not for the Gaza Strip, but for Jerusalem.
Hamas' most notable achievement was without a doubt, the ability to create additional battle fronts for Israel. From the northern border with Lebanon and by igniting internal conflicts in Israel's cities, leading to unprecedented attacks by Israeli Arabs on Jews which in turn led Israeli nationalists to reciprocate. This phenomenon carried beyond the borders of Israel when Palestinians and Muslims brutally attacked Jews in New York and Los Angeles, London and France. However, Hamas's attempts to light up the West Bank were fortunately, not successful.
The main lesson that Israel must learn from this last round of conflict lies precisely in the goal that Israel did not set for itself. Israel did not define the issue of hasbara (Israeli diplomacy) as a clear goal and perhaps as a result it failed miserably. It honestly must be said; Israel has not been able to withstand the flood of anti-Israel, pro-Palestinian messaging spread on social media. Israel failed to reveal Hamas's true face and its desire to deliberately harm uninvolved civilians on both sides of the conflict. Israel has also failed to show the world how the IDF operates in an impressively surgical way, using advanced technological means to avoid harming civilians. Non-functioning hasbara damaged Israel, this is exhibited by the lack of political support given to it by European countries. The pressure that rose from social media, exploded onto the streets and then returned to social media, accelerated the political timeframe that Israel had to achieve its goals. Israel's strengths and supremacy in every military parameter had a negative effect on its hasbara efforts.
In order to change the balance of power in the field of hasbara, Israel must establish, as soon as possible, a single body entrusted with the task of creating a coherent and uniform narrative.
For Israel’s Prime Minister, Benjamin Netanyahu and his government, Operation Guardian of the Walls was also an opportunity to strengthen ties with the new Biden administration. Biden, who was under pressure from European countries and the UN to compel Israel to end the operation after five days of fighting, conducted eight phone calls with Netanyahu. Netanyahu certainly understood the message and decided to end this round, making the appropriate political gesture to Biden. Israel needs the United States by its side on other fronts. The Iranian threat is perhaps the most prominent of them.
The entrance into an agreement of ceasefire at 2:00am Friday morning was only made possible by Biden's demand to Egyptian President Al Sisi that he guarantees that the violent factions in Gaza stop the rocket fire. The strategic alliance between Israel and the United States is certainly one of the most important in Israel's foreign relations. The United States by stopping three attempts of the UN Security Council to condemn Israel, has once again proven that despite disagreements on certain issues, it stands by Israel.
Operation Guardian of the Walls in numbers:
- - 11 days of fighting
- - 12 Israelis killed
- - 4,000 + rockets fired at Israel, 90% of them intercepted by the IDF
- - 5 senior Hamas and Islamic Jihad commanders killed
- - 680 rockets launched by Hamas misfired hitting Gazan civilians
- - 200 + Gazan civilians killed
- - 20 terrorist operatives killed by Hamas fire
- - 100 + kilometers of terrorism tunnels demolished
- - 100 + terrorist operatives eliminated
- - Over two million Gazan civilians held hostage by the terrorist organization Hamas
- - One Iron Dome system
By Adv. Uri Morad
KIDS NOT SOLDIERS
Battlefield experiences have a tendency to remain with us throughout our life. Nearly 20 years have passed and I still recall like it happened yesterday, the face of that small helpless Palestinian girl the combatant, her uncle, gripped in one hand. In his other hand, he was holding an automatic rifle, shooting at me and my unit. I do not know her name or what happened to her. What I do know is that she was a victim. A victim of tragic life circumstances. He was the relative of a wanted terrorist from Gaza. When my unit and I arrived to arrest his cousin, he left the house clutching the girl and firing at us. He knew that she was his only chance to escape.
This experience will surely stick with me, but it also tells a broader story and highlights a worrying phenomenon.
The Palestinian systematic and widespread use of children, as young as ten, to take an active part in hostilities against Israel has become an alarming reality. Innocent Palestinian children serve as human shields and fulfill a wide range of military duties. From supporting the home front to active participation in hostilities. Their involvement is dependent upon the current need and upon their maturity and set of skills.
The roots of this phenomenon of exploiting young children in combat are based on institutional and widespread indoctrination. A well-structured brainwashing system for toddlers, as young as three, prepares the ground for an effective and well-oiled mechanism of targeting, recruiting and training children. This mechanism is maintained by a scheme of financial incentives for the children and their families.
Behind this cynical exploitation of the weakest in society, stand prominent Palestinian leaders, who see human rights as irrelevant. They are the planners and the executers of this despicable strategy.
Creating an entire generation of children educated on the values of hatred and martyrdom will perpetuate the Israeli-Palestinian conflict. Long-standing incitement and assuring world fame for those who murder Israelis, will bring more and more children to choose a violent path and lower the motivation (which is not high anyway) to promote a peaceful solution to the Israeli-Palestinian conflict. This perverse education system is also shaping the future generations of Palestinian leadership.
A simple profit-loss analysis reveals that the only ones who profit from the use of children for militia purposes, is the Palestinian leadership, whether by increasing their fighting forces or for the purpose of creating false propaganda in the case of the unfortunate death of children.
Theoretically, the tools to fight the growing use of children for militia purposes, are available. Among them we find, progressive legal codifications and designated tribunals to prosecute those responsible. Along with intergovernmental organizations, civil society organizations and designated international conventions to address this issue. And yet, as long as the political motivation of those involved continues to blur the boundaries between good and evil, ignores the facts on the ground and refuses to acknowledge the existence of this phenomena propagated by Palestinian leadership, a prolonged struggle lies ahead.
As of today, unfortunate and surprising as it may sound, the United Nations International Children’s Emergency Fund (UNICEF) refuses to recognize the use of children by the Palestinian leadership as weapons of war. UNICEF simply shows no real commitment to put aside political interests and protect the real victims.
The international community must be the voice for Palestinian children. It must sharply and clearly condemn any use of children for combat purposes. UNICEF, for its part, must acknowledge and condemn the Palestinian leadership.
No one promised us that this struggle would be short or easy, but we see some positive signs coming from the direction of the International Criminal Court in The Hague (ICC). The fact that along with the ICC’s political and controversial determination to investigate Israelis, the ICC also expressed its intensions to investigate Hamas for criminal acts against the Palestinian civilian population; such as murder and torture, as well as using them as human shields, is a step in the right direction. I’m proud to say that the efforts of the Jerusalem Institute of Justice, succeeded to convince the ICC to accept the legal and evidentiary infrastructure we presented to it, calling for the investigation into Hamas’ war crimes and holding Palestinian leaders responsible.
This week, as we are observing Palestinian Child Soldiers week, we take the opportunity to raise awareness, stand in solidarity with Palestinian children and join the call on UNICEF to demand Hamas, Palestinian Islamic Jihad, PFLP and the PLO to operate in accordance with the 2007 Paris Principles and end the systemic indoctrination and use of Palestinian children in military efforts of any type.
Adv. Uri Morad
Dir. International Law & Public Diploma
Jerusalem Institute of Justice
Indoctrination – Lasting Effects on Children and Conflicts
Indoctrination as a concept can be divisive and problematic. To an extent it can be positive, as this allows for the creation of communities that share the same values, giving stability to the people of those groups. However, it can also be dangerous
To differentiate between the positive and negative sides of indoctrination, Tom Nachtigal’s definition[1] will be used. As such, in this context, indoctrination will be defined as “teaching with the intention of instilling certain beliefs and propositions among pupils, by disregarding evidence, reasoning, and logic in the teaching process”. More specifically, this article will focus on systematic indoctrination into hatred and violence and its lasting consequences.
As referred above, vulnerable groups such as children (which according to the Rome Statute are persons below 15 years old) are more sensitive to these influences, as their associated naivety makes them more likely to process information without questioning it.
The resulting consequence of indoctrination can be catastrophic. Children of all ages can suffer unimaginable amounts of pain simply by trusting the teachings of a wrong adult. And from all the possible horrors they could face, it is in becoming a soldier that this article will focus on. Throughout conflict areas in the world, from Colombia to the Philippines, children have been sought and used as tools for war.[2]
Such was the case with the Lord’s Resistance Army (LRA), the ultra-nationalist heterodox group that terrorized Uganda from the 1980’s. Currently dispersed between the borders of the DRC, Central African Republic and South Sudan, this group is known for abducting the majority of their top leaders while they were kids.
After weaponizing these children, they were then used to cause mayhem, killing and abducting tens of thousands of other children along the way. By continuing this practice, conflict ensued, displacing almost 500,000 people in the Ugandan plains during the group’s active years[3]. Even though they are largely inactive in currently, the story of the rebel militia is still being mirrored throughout our world. And the effect of such practices is felt to this day.
As reported by the Washington Post[4], abducted children that manage to defect from the LRA face an arduous uphill battle for reintegration. After serving under uneducated authoritarian superiors, who mercilessly kill any caught defector by way of a firing squad, the surviving children face the mental adjustment to day-to-day life. This is compounded by the added paranoia-like pressure of seeing comrades get promoted through informing on each other, and “commanders” being punished for doing acts of kindness. This results in severe mental health issues that surface many months after their release. PTSD is common and in extreme cases, suicide is an escape from the horrors faced during their time as conscripted soldiers.
This fear-based indoctrination of children by the LRA finds its direct counterpart in Hamas’s indoctrination. The terrorist organization has a reported use of 17,000 children, directly or indirectly, throughout the Israeli-Palestinian conflict. Rather than abducting, Hamas ensures that from an early age the children of the Gaza Strip are slowly pushed to dehumanize and stigmatize the Israeli citizen.
In kindergarten, through their considerable influence in the region, Hamas uses the public Al-Aqsa channel to broadcast anti-Semitic shows that promote a jihadist mindset and violence against the Israeli forces.[5]
This is then furthered by the dubious curriculum employed in the Gaza Strip (and in many cases, the remaining Palestinian territories).[6] There are reported uses of clear ennoblement of martyrdom, in particular against the Israeli enemy, and incitement to violence.[7]
Despite all this, Hamas further organizes summer camps each year whereby teenagers reportedly use and practice gunplay and military-like exercises. [8]In addition, preachers (religious authorities of the region) stimulate the aforementioned feelings towards martyrdom and against Israel.[9]
It is through this systematic, determined effort that the infamous terrorist group ensures the continuation of their own war efforts. Children can be used to bolster their army and kill if needed[10]. If successful in a military endeavour, these kids are then encouraged and hailed as heroes, further cementing in their minds that their behaviour was/is correct[11]. Even when building dangerous tunnels to cross the border of Gaza with Israel, children are used as builders.[12]
Whilst these practices were several times noted during Haniyeh’s tenure as de facto and de jure leader of the group, there is no sign that ensures they have all summarily stopped and been reversed under Sinwar’s rule. As explained above, the scars left on rescued child soldiers can remain for a long time after they leave their military service. More so, they are ruthlessly effective in promoting warmongering and belligerence. Thus, they make sure that the next generation will perpetuate conflict and that a polarizing mentality is the norm in an already precarious society.
As a matter of fact, the tendency is that the militarization of children will be increased. From 2013 onwards, Hamas has purportedly included military training in the Gazan high school curricula[13]. Moreover, the increasingly hostile summer camps – such as the “Pioneers of Liberation”[14] camps – ensure that this military education is year-round, as is the spread of violence towards their “Zionist Enemy”. In fact, Abu Muhammad, responsible for the recruitment unit of the camps was recorded stating that the goal of the camps was to provide educational and military activities to train the coming generations to fight the [Israeli] “occupation”[15]. He then continued, stating the generation in front of him was “determined to put an end to the Israeli entity”.[16]
A very important question is then to be asked – what can we do? Any individual effort is unlikely to succeed in the face of such atrocities. As such, it is highly recommended that we take a look at successful preventive programs[17] and reintegration programs[18]. Only through this can the Children of today, not become the Soldiers of tomorrow.
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[1] Nachtigal, T. (2019). Responsible Education: Responsibility under International Law for Indoctrination to Hatred and Violence in Education Systems. Columbia Journal of Transnational Law. [online] Available at: //jtl.columbia.edu/wp-content/uploads/sites/4/2019/09/Nachtigal_CJTL-57-600.pdf (Accessed 23 Sep. 2019].
[2] Information retrieved from //childsoldiersworldindex.org/hostilities (Accessed 21 Sep. 2019)
[3] Retrieved from //childrenandarmedconflict.un.org/the-lords-resistance-army-and-children/ (Accessed 21 Sep. 2019)
[4] Retrieved from //www.washingtonpost.com/world/africa/kidnapped-as-children-they-escaped-from-konys-lra-to-be-reunited-with-their-families-in-uganda/2018/08/10/625e5b12-8f67-11e8-ae59-01880eac5f1d_story.html (Accessed 21 Sep. 2019)
[5] Israeli Intelligence Heritage and Commemoration Center, Educating for Hatred and Violence Against Israel in a Performance Held in a Kindergarten Sponsored by the Palestinian Islamic Jihad, (December 31, 2017); available at //www.terrorism-info.org.il/en/educating-for-hatred-and-violence-against-israel-in-aperformance-held-in-a-kindergarten-sponsored-by-the-palestinian-islamic-jihad-pij/ (Accessed 22 Sep. 2019)
[6] Groiss, A. and Shaked, R. (2017). Schoolbooks of the Palestinian Authority (PA): The Attitude to the Jews, to Israel and to Peace. [online] Center for Near East Policy Research Available at: //israelbehindthenews.com/wp-content/uploads/2017/09/Schoolbooks-PalestinianAuthority2017.pdf [Accessed 23 Sep. 19].
[7] P. 62 ff. (n6)
[8] ITV News, Inside the Hamas Summer Training Camp for Gaza Teens, (added on July 27, 2016); video available at: //www.youtube.com/watch?v=cD2FezhJgqA ; 4 Meir Amit Intelligence and Terrorism Information Center, Incitement to Terrorism and Hatred, (June 8, 2017); //www.terrorism-info.org.il/en/21218/
[9] Hamas’s new way of poisoning the minds of Palestinian Children, Gatestone Institute, 1 April 2016. //www.gatestoneinstitute.org/7804/palestinian-children-torture (Accessed 23 Sep. 19)
[10] Riley Clafton, At Summer Camp, Hamas Raises the Next Generation of Killers, The Tower (August 2016); available at: //www.thetower.org/article/at-summer-camp-hamas-raises-the-next-generation-of-killers/ (Accessed 23 Sep. 19)
[11] IDF Website, The Status of Children in Gaza; //www.idf.il/en/minisites/facts-and-figures/hamas/thestatus-of-children-in-gaza/ (Accessed 23. Sep 19).
[12] Lea Spyer, How Child Labor in the Terror Tunnels is Killing Palestinian Children, (July 27, 2014); available at: //www.breakingisraelnews.com/18992/child-labor-terror-tunnels-killing-palestinian-children/; Myer Freimann, Hamas Killed 160 Palestinian Children to Build Tunnels, (July 25, 2014); available at: //www.tabletmag.com/scroll/180400/hamas-killed-160-palestinian-children-to-build-terror-tunnels
[13] Retrieved from //www.terrorism-info.org.il/en/20511/
[14] Summer Camps in the Gaza Strip: A tool for indoctrinating the younger generation with radical ideologies and training them to become future operatives in the terrorist organizations, especially Hamas and the Palestinian Islamic Jihad. (14 July 2019). The Meir Amit Intelligence and Terrorism Information Centre. Available at: //www.terrorism-info.org.il/app/uploads/2019/07/E_156_19.pdf [Accessed 26 Sep. 2019].
[15] Page 8 (n15)
[16] Ibid.
[17] As the “Roméo Dallaire Child Soldiers Initiative” (//www.childsoldiers.org)
[18] As “The Save Children Fund” (//www.savethechildren.net)
How the United Nations Indirectly Funds Hamas
Article by Beniamino Parenzo as an intern at the Jerusalem Institute of Justice.
The United Nation Office for the Coordination of Humanitarian Affairs and Western governments funnel critical financial support to a Hamas-tied “charity” organization in disregard of its known history.
Islamic Relief Worldwide (IRW) is an international organization based in the United Kingdom that maintains offices around the world, including Gaza and the West Bank. IRW operates, ostensibly, as an international relief and development charity. Their website’s mission statement reads, “inspired by Islamic faith, we have been striving to make the world a better and fairer place.” Apparently, making the world ‘a better and fairer place’ includes financing Hamas.
According to investigations carried out by the Israel Security Agency, IRW has played a central role over the years in channeling money to this terrorist organization. Based on Shin Bet’s findings, Israel’s Defense Minister declared IRW illegal on June 19, 2014 and banned it from operating anywhere in Israel and the West Bank.
This should hardly have come as a surprise to any impartial observer. As long ago as 2006, the Israeli Ministry for Foreign Affairs had designated IRW a terrorist front, noting that “IRW provides support and assistance to Hamas’s infrastructure.” That same year, on May 10th, Israeli police arrested IRW’s Gaza coordinator, Iyaz Ali, who admitted he was aware that “. . . several of the organizations supported by the IRW in Judea, Samaria and Gaza were indeed identified with Hamas.”
A Long History of IRW Ties to Extremist Organizations
While ties to Hamas mark IRW’s most striking alliance, this ‘charity’ organization boasts a long history of personal and financial connections to varied Islamic extremist groups and pro-terror organizations. The reader’s eye cannot fail to notice Al Qaeda-related organizations, including the “Charitable Society for Social Welfare” and “Human Concern International,” as well as the Hamas-funded “Human Appeal International” on the public list of IRW donors. To say this is concerning understates the likely impact of these donors upon IRW actions.
Not only does the IRW receive funds from terrorist organizations, but some of its trustees and directors have long-maintained personal ties to other extremist organizations. For instance, Essam El-Haddad, a former trustee of both IRW and Islamic Relief UK, left IRW in 2012 to become the National Security Advisor for Egypt’s former President, Mohamed Morsi, of the Muslim Brotherhood party. Abdul Wahab Noorwali, another trustee of IRW, was the Assistant Secretary General of the “World Assembly of Muslim Youth,” an association that the U.S. government has accused of linkage to Osama Bin Laden and the Hamas leader, Sheikh Ahmed Yassin. In 2003, Yassin thanked the World Assembly of Muslim Youth for their continued financial support. Ahmed Al-Rawi, a director of IRW, was the former head of the “Federation of Islamic Organizations in Europe” and president of the “Muslim Association of Britain,” both regarded as groups aligned with the European Muslim Brotherhood. And the list goes on.
The Funding of IRW by UNOCHA
While shutting off IRW funding to Hamas falls outside the scope of international mandates, those who defend democracy and human rights might well expect the United Nations to act in concert with Europe and the United States to limit, where possible, IRW access to western funds. To the contrary, the U.N. funds IRW, provoking this compelling question: “what motivates the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA), under-written by Western governments, to provide direct financial support to IRW and, thereby, to provide indirect financial support to Hamas through IRW?”
UNOCHA, an arm of the United Nations Secretariat, serves as the primary coordinator of NGO funding and activity and is charged with responsibility “for bringing together humanitarian actors to ensure a coherent response to emergencies.” UNOCHA determines the relative priorities and needs of societies in crisis, sets strategic response objectives and coordinates the funding of local NGOs tasked with meeting those needs by defining so-called Humanitarian Response Plans (HRPs).
IRW has been permitted to continue its activities as a “Participating Organization” in UNOCHA’s HRPs, despite the decree issued by the Israeli Defense Minister that bans the organization for its financial ties with Hamas.
All funding records managed by UNOCHA are publicly accessible from the Financial Tracking Service (FTS) database. Taking into account both the pledged and paid contributions made to IRW after the 2014 banning decree, this organization has been given, or promised, more than $80 million U.S. Dollars through the UNOCHA humanitarian coordinating mechanism. The European Union, United Kingdom and Sweden are listed alongside other stated donors to IRW.
An Unacceptable Situation
Who would not wish to believe that the governments named above were unaware of the alleged role played by IRW in financing what they themselves deem a terrorist organization? However, following the Israeli warrant against IRW in 2014, the NGO Monitor made a formal inquiry into the funding of Hamas through IRW. While all of the entities named above did reply, none took a position on IRW’s alleged misconduct, nor did they implement a satisfactory monitoring mechanism to track the spending of funds donated to IRW. In other words, the status quo was reaffirmed.
In short, Islamic Relief Worldwide (IRW) sustains a long, unbroken history of ties with controversial extremist groups that has been banned from operating in Israel and the West Bank because of its role in funneling money to Hamas. Yet, this same organization receives funds from multiple Western governments through a mechanism set up, approved, and controlled by the United Nations. None of these entities have addressed the unchallengeable Israeli claim that IRW channels money to a known terrorist organization.
This is not science fiction, though it would have seemed so a few short years ago. We cannot answer the question raised earlier about the motivations which direct U.N. funding of Hamas through Islamic Relief Worldwide. However, whatever the motivation, the unbelievable, unacceptable and shocking truth which connects UNOCHA to extremism and terrorism demands immediate, corrective action by the United Nations.
This article originally appeared in The Times Of Israel, here.
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
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.
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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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.
EU's Schizoprenic Position On Hamas
An Evaluation of European Policy towards Hamas
In 2017, the European Court of Justice ruled on an appeal by the European Council and set forth that Hamas will remain on the list of terror organizations. This appears to indicate that the European Union (EU) is convinced of the terrorist nature of Hamas, de-legitimizes the organization and tries to prevent its funding. However, the EU's position concerning Hamas is not so clear-cut. Firstly, the EU faces challenges implementing the prevention of funding to Hamas due to its own provision of humanitarian aid to the Gaza Strip, which often implicitly benefits Hamas who maintain effective control over the area. More interestingly, the EU's political response is often highly critical of Israel when addressing the blockade of the Gaza Strip and the hostilities there.
This criticism is an attempt to transfer responsibility from Hamas to Israel. It is important to understand that these political responses by the EU implicitly consolidate Hamas' rule and in a sense, they become a source of legitimacy for the organization. Moreover, the EU's response should be understood in a broader framework, in which it legitimizes Hamas as an organization fighting a legitimate struggle for the Palestinian people, without condemning its methods and practices of terrorism. The EU should acknowledge the responsibility Hamas has in creating the humanitarian crisis in the Gaza Strip. The rule of a terrorist organization over the Gaza Strip is problematic, both for the local population and for Israel. Therefore, the EU should problematize the rule of Hamas, and implement measures that will either put pressure on Hamas to abandon its terrorist identity, or that will lead to the complete removal of Hamas from control over the Gaza Strip.
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Palestinian Women Group against Arab Women Rights
The Culture and Free Thought Association (CFTA) is a Palestinian NGO situated in Khan Younis, a city in the southern Gaza Strip. Their vision statement reads: “CFTA aspires to be a leading organizational contributor to civil society efforts to build a Palestinian society in which all citizens enjoy freedom, equality, and human rights.” They have received, along with other organizations, €481,773 from the European Union (EU) to support women's rights in the Middle East. At face value, CFTA sounds like an organization that should be supported and that deserves the money they received from the EU. But what has CFTA decided to do with all that money? They decided to support anti-Israel policies, calling for women around the world to boycott Israel because of the “awful” way Israel treats women. This position is ironic to the highest degree taking into consideration that Israel is, by far, the most feminist country in the Middle East.
Rape is one of the most egregious crimes being perpetuated against women. Being so, the punishment for rape should be proportionate to how devastating the offense is. In Israel you can expect 16 years to life in prison for the crime of rape. In Jordan, rape is only punishable by 7 years. That is less than the amount of time in prison you would receive for armed robbery in some states in the United States. Has The Culture and Free Thought Assoc. called out to boycott Jordan for their “slap on the wrist" attitude towards rape sentencing? Another crime that affects specifically women is marital abuse. 51% of the women in the Gaza Strip have been subjected to a form of violence within the household (PCBS, Violence Survey in Palestinian Society, 2011). Has CFTA made a call to boycott their own government for allowing a terrifying rate of marital abuse?
If rape and abuse are not so important for the CFTA, what about Female Genital Mutilation (FGM)? The destruction of a woman’s genitalia is a heinous crime that should be outlawed everywhere. Unfortunately, this practice is still prevalent in many places. In Egypt, FGM is a common practice that hurts, and even kills, thousands of little girls due to unclean medical procedures and the infections that followed. Fortunately, in 2007, the Egyptian Ministry of Health and Population banned all forms of FGM, but this has not stopped the practice. In 2014, UNICEF reported that 91% of women in Egypt had undergone some form of FGM. FGM has never been an accepted practice and is illegal in Israel. Why does an NGO, specifically designed to protect and stand up for women's rights, condemn Israel, when countless young girls are being butchered in neighboring Arab countries?
How is a woman’s testimony in court weighed against a man’s? In Egypt, Iraq, Iran, Syria, Jordan, Saudi Arabia, and all areas governed by the Palestinian Authority, a woman’s testimony is worth half that of a man’s. This means that if a women accuses a man of committing a crime against her, whether it be assault, robbery, rape, etc., she will need another female witness just to have the same amount of credibility as the man. What country in the Middle East does treat both genders’ testimonies equally? You’d be right to assume, yet again, Israel.
Is Israel a misogynist country? Is Israel a patriarchal society? In Israel, a child is granted citizenship automatically if the father or the mother is a citizen. Not all countries in the Middle East follow the example Israel lays out. In Jordan and Lebanon, the child’s father must be a citizen. Even if a mother is a Jordanian or a Lebanese citizen, if she marries a foreigner, the child does not receive her citizenship.
Forced child marriage is an abhorrent practice and a violation of children's rights. As of 2017, in Gaza, 15% of girls under the age of 18 are married as well as 1% of girls under the age of 15. To clarify, almost 4,000 girls under the age of 15 in Gaza are married. In Egypt, it’s 17% under the age of 18 and 2% under 15. Iran? 17% and 3%. What does 3% look like? 526,854 little girls that are sold into marriage before the age of 15. In Israel it is illegal for a person to marry someone under the age of 18.
One of the strongest indicators of gender equality is women in positions of political authority. As of 2018, 28% of the Israeli Parliament is women. That beats even the United States, where only 20% of Congress is women. And where does the Middle East stand on female empowerment? The average percentage of women in positions of political power across the Middle East is a whopping…6%.
If the Culture and Free Thought Association wanted to actually talk about gender inequality and women’s empowerment, they could target any number of the issues addressed in this article. They could call for their neighboring countries to reform. Unfortunately, they are more interested in forwarding their political agenda by ignoring women's rights violations in the Middle East and attacking the only feminist country in the area, Israel.