The Middle East

U.N. Inquiry: “Israeli Settlements Violate Fourth Geneva Convention”

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

JERUSALEM, Israel — A three-member panel comprised of U.N. Human Rights Council members urged private companies involved with constructing settlements in the West Bank to cease activities. The panel said that the practices are subject to prosecution as possible war crimes.

Christine Chanet, who led an investigative panel over Israeli settlements in the West Bank, said that the settlements contravened the Fourth Geneva Convention. (Photo Courtesy of Reuters)

A report issued by the U.N. Human Rights Council last Thursday said that the expansion of settlements into Palestinian territory violates the Fourth Geneva Convention, which forbids the transfer of civilian populations into occupied territory. Violators are subject to the International Criminal Court (ICC).

“Israel must cease settlement activities and provide adequate, prompt and effective remedy to the victims of violations of human rights,” said Christine Chanet, a French judge who headed the U.N. inquiry. “To transfer its own population into an occupied territory is prohibited because it is an obstacle to the exercise of the right to self-determination.” Chanet said that because Israel is a U.N. member state, it must comply with international law over the settlements.

U.N. Secretary Ban Ki-Moon reiterated the report’s findings, saying that “all settlement activity in the occupied Palestinian territory, including East Jerusalem, is illegal under international law.”

Last December, Palestinians wrote a letter to the U.N. after Palestine was granted de facto U.N. recognition of statehood. In the letter, Palestinians accused Israel of planning to commit further war crimes by expanding settlements, and said that Israel had to be held accountable. With its statehood recognized, Palestine has threatened to take Israel to the ICC.

The U.N. Human Rights Council’s started its investigation of the settlement expansion last March. Independent U.N. investigators interviewed around 50 Palestinians in Jordan, which found that the settlements prevented Palestinians from reaching farming and water resources. The report states that the settlements are comprised of an estimated 520,000 settlers now living throughout the West Bank and East Jerusalem.

Israel did not cooperate with the council, and barred investigators from entering the West Bank, claiming that the council was biased. It defended its settlement policy by citing historic and biblical links to the West Bank.

The Israeli Foreign Ministry called the Human Rights Council’s recent report “counterproductive and unfortunate.” “The Human Rights Council has sadly distinguished itself by its systematical, one-sided and biased approach towards Israel. This latest report is yet another unfortunate reminder of such approach,” the ministry said. “The only way to resolve all pending issues between Israel and the Palestinians, including the settlement issues, is through direct negotiations…” Israel’s Yigal Palmor said.

Palestinians welcomed the report, saying that it “vindicated their struggle against Israel.” “This is incredible. We are extremely heartened by this principled and candid assessment of Israeli violations,” said Hanan Ashrawi, a senior official for the Palestinian Liberation Organization.

For further information, please see:

Jewish Press — Head of UN Rights Panel: Report is ‘Weapon’ Against Israel” — 3 February 2013

JTA — U.N.: Israel Must Withdraw From Settlements Immediately — 31 January 2013

Reuters — U.N. Rights Inquiry Says Israel Must Remove Settlers — 31 January 2013

The Telegraph — UN Report Says Israel Could be Prosecuted for War Crimes Over Settlements — 31 January 2013

Human Rights Watch Releases Annual World Report

By Justin Dorman
Impunity Watch Reporter, Middle East

A couple of days ago, Human Rights Watch issued its twenty-third annual world report for 2013. A large portion of the six-hundred and sixty-five page report centered around the Arab Spring and its effects on the Middle East.

In the wake of the Arab Spring, Human Rights Watch hopes that the newly implemented governments will not fail their human rights obligations. (Photo Courtesy of the Daily Star Lebanon)

When the Arab Spring started, the initial hope was that the uprisings would lead to the beginning of legitimate democracies. Presently, in many states there is a fear that the ousting of the old authoritarian regimes will only lead to authoritarian regimes of different forms.

It is far too early to judge exactly what the spring has given birth to yet. The world must wait to see how these new governments will respect their citizens human rights. Appropriate efforts would include the installation of a professional police force, creation of independent courts, and the prudence of the majority not to abuse the rights of minority factions.

The report highlights the difficulty for these new governments to develop the necessary institutions for a successful democracy. The executive director of Human Rights Watch, Kenneth Roth, stated that, “[t]he path ahead may be treacherous, but the alternative is to consign entire countries to a grim future of oppression.”

The report specifically looks at several countries in its exposé on human rights. A few of such countries include Egypt, Syria, and Libya.

Human Rights Watch analyzed the effect that Egypt’s new constitution has on the countries future. It praised its efforts to clearly terminate the practices of arbitrary detention and torture, but feared that far too many of its provisions pertaining to family, religion, and speech were vague. Such undisciplined drafting may allow for abuses against women and minority religious groups who should be protected under international law.

Over the past year, Syria has provided the perfect example for what may happen when sectarian factions cannot co-exist. Syria has been a hot bed for war crimes, crimes against humanity, torture, and summary executions. The United Nations Security Council has referred the situation to the International Criminal Court but Russia and China have vetoed the referral.

Libya is a prime example of a government unprepared to govern itself after its abusive regime was ousted. Gaddafi intentionally insured that government institutions were weak so that no one could challenge his law. As a result, much of the country is ruled by militias and government who has no problem to detain dissidents and without any likelihood of a future trial.

A further common theme exists amongst most of these Middle Eastern countries. The overwhelming majority of these countries are ruled by Islamic powers. In such situations, it is not uncommon under conservative rule for women to be viewed as second class citizens. Many of these ruling powers consider expanding the rights of women as a western imposition opposed to a natural right codified through international law. Additionally, in these religious states, it is not uncommon for those who offend the religion to be treated improperly. Such countries claim to allow free speech, but do not practice what they preach. Countries that the report criticize for acting in the aforementioned ways include Saudi Arabia, Iraq, Iran, Bahrain, and the United Arab Emirates.

The Arab Spring uprisings took place because citizens were fed up with their governments’ treatment of its people. As Kenneth Roth declared, “[i]t turns out, in fact, the toppling of a dictator may have been the easy part. The difficult part is replacing that repressive regime with a rights-respecting democracy.” Hopefully a year from now the 24th annual Human Rights Watch World Report will show a stable Middle East that is routed in democracy and a concern for human rights.

For further information, please see:

Human Rights Watch – World Report 2013: Challenges for Rights After Arab Spring – 1 February 2013

Radio France International – Human Rights Watch Focuses on Arab Spring Fallout – 1 February 2013

Daily Star Lebanon – Arab Spring States Must Respect Rights: Human Rights Watch – 31 January 2013

United Press International – Human Rights Watch Issues Annual Report – 31 January 2013

French-Australian Journalist Detained in Iraq

By Justin Dorman
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – French-Australian journalist, Nadir Dendoune, was arrested in Iraq for taking pictures in a restricted area of Baghdad without formal permission. Dendoune, who had first entered Iraq on January 16th, has been held in detention since January 23rd. Iraqi government officials claim that the journalist for the Le Monde Diplomatique is healthy, and that his case is still being investigated.

Dendoune in front of the Iraqi embassy in Paris showing his visa he received to conduct journalism. (Photo Courtesy of the Iraq Civil Society Solidarity Initiative)

The Committee to Protect Journalists, who admonishes the Iraqi government’s actions, claims that the arrest was a result of Iraq’s 2011 media law which places a series of impediments between journalists and the ability to gain information.

Sherif Mansour, a spokesman for the Committee to Protect Journalists further stated that, “[t]he arbitrary jailing of a journalist is a vestige of the Saddam Hussein regime that is completely out of place in Iraq’s democracy today.”

Iraqi officials have stated that Dendoune had lacked the requisite permits to take photographs by the water treatment plant in the southern Dora district. “[He] did not tell authorities about his activities, and did not ask for authorization to take photos,” said such official.

Those who support Dendoune, have not been sitting idly by and waiting for his release. Patrick Le Hyaric, Director of Humanity, has written letters to Viviane Reding, the Commissioner for Justice, Fundamental Rights and Citizenship and Vice-President of the European Commission, to Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy, and to Fareed Yasseen, the Iraqi Ambassador in France.

The embassy has been working diligently with Iraqi officials to ensure that Dendoune has the healthiest of detention conditions and to find out why he is seemingly being arbitrarily held. Despite requests made by the embassy, Dendoune has been denied any consular visitation.

Additionally, a Facebook page was created by Dendoune’s family and friends, with articles, pictures, and information for support rallies, which aim to shed light on Dendoune’s situation. Others who have demanded the release of the journalist from arbitrary detention include Reporters Without Borders, the Iraqi Civil Society Solidarity Initiative, and the National Union of Iraqi Journalists.

The Journalistic Freedoms Observatory points out that this is not the first time that the Iraqi government has detained a foreign journalist. Just last year, Daniel Smith, an American journalist  was arrested and held for five days before he was granted release by order of the Prime Minister.

For further information, please see:

Guardian – Journalist Arrested in Iraq for Taking Photos – 31 January 2013

Iraqi Civil Society Solidarity Initiative – Immediate Release of Nadir Dendoune, Respect Freedom of Press and More Protection for Journalists Working in Iraq – 31 January 2013

Radio France International – Nadir Dendoune, un Journaliste Engagè Dètenu en Irak – 31 January 2013

Committee to Protect Journalists – International Journalist Detained in Iraq for a Week – 30 January 2013

Facebook – Comitè de Soutien Pour la Libèration de Nadir Dendoune – 30 January 2013

L’Humanitè – Patrick Le Hyaric: “Libèration Immèdiate Pour Notre Confrè Nadir Dendoune” – 30 January 2013

Israel Boycotts UN Human Rights Council Review

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

JERUSALEM, Israel — Last Tuesday, Israel became the first country ever to boycott the United Nations’ human rights forum, which had allegedly planned to scrutinize Israel’s record.

Israel became the first country ever to boycott the U.N. Human Rights Council’s Universal Periodic Review. (Photo Courtesy of Jerusalem Post)

The United Nation’s Human Rights Council (UNHRC) was set to conduct a Universal Periodic Review (UPR), which in every four years reviews the human rights record of the 193 U.N. member states. Israel stopped cooperating with the council after it comprised a committee to review Israeli settlements and their effect on Palestinian human rights. The last time Israel cooperated with the council was in 2008. It is not a member of the 47 member state council.

“I see that Israel is not in the room,” said Council President Remigiusz Henczel to delegates present at the United Nations in Geneva. Henczel was urged by the council to encourage Israel’s participation in the rights review.

Earlier on Tuesday, Israeli Foreign Ministry Spokesman Yigal Palmor made it clear that Israel intended to boycott the review. “We cut all our contacts with the council last March, including the current activity,” said Palmor. “Our policy has not changed.”

Arab states specifically were set to criticize Israel for its naval blockage and settlement expansion of the Gaza Strip. Palestinians see these acts as collective punishment, yet Israel finds them vital for security.

Pakistan’s Ambassador Zamir Akram, speaking on behalf of the Organization of Islamic Cooperation, said the group is concerned that Israel was creating an “unhealthy precedent” which other countries would follow in boycotting the UPR process. “What is surprising for us, is the level of leverage and understanding that is being extended to Israel by some countries for its behavior in violation of all its international obligations,” Akram said.

Ireland’s representative, speaking on behalf of the European Union said it appealed to Israel to join the review, saying that a phone conversation held earlier with Israel on calling of the boycott was a “positive signal.”

Eileen Chamberlain Donahoe, Ambassador to the UNHRC, addressed the council on the matter last Tuesday. She avoided naming Israel, but stressed how essential it is for Washington to ensure that all countries’ human rights records are examined. “The Universal Periodic Review has been a valuable mechanism both becasue it is universally applicable to all U.N. member states on equal terms and because it is conducted in a cooperative and collaborative manner.”

Eight Israeli human rights groups called on Israel to reverse its decision and participate in the UPR. However, United Nations Watch Director Hillel Neuer said that Israel is justified in its boycott, saying that the council had a history of signaling out Israel, and that it had passed more resolutions against Israel then all other countries combined.

For further information, please see:

Israel Hayom — Israel First Country Ever to Boycott UN Human Rights Review — 30 January 2013

Al Jazeera — Israel Boycotts UN Human Rights Council — 29 January 2013

Jerusalem Post — UN Avoids Israel Showdown, Delays Rights Review — 29 January 2013

JTA — Israel Boycotts Scheduled U.N. Review of Human Rights Practices — 29 January 2013

 

Establishment of “National Preparatory Committee for Transitional Justice” Announced in Istanbul, Turkey: Syrian Judges, Lawyers, Activists to Prepare Plans for Post-Assad Judicial System and Reconciliation

Press Release

30 January 2013 – The Syrian Center for Political and Strategic Studies (SCPSS) held its second conference on the post-Assad political transition in Syria. The conference, entitled “Transitional Justice in Syria: Accountability and Reconciliation,” was held in Istanbul, Turkey on January 26 and 27, 2013.

The Assad regime continues committing war crimes and crimes against humanity against Syrian civilians, as acknowledged by The United Nations Human Rights Council, along with the Independent International Commission of Inquiry on Syria, both of which have published multiple reports documenting these crimes. However, thus far, the United Nations Security Council has failed to refer these crimes to the International Criminal Court in order to hold the perpetrators accountable.

As a result, the responsibility falls on the post-Assad government and Syrian civil society to prosecute those responsible for human rights violations. Whether on the national or international level, justice must be sought on behalf of the victims of the Syrian revolution. The culture of impunity that has thrived under the Syrian regime for the last forty years must finally be brought to an end.

The implementation of transitional justice is the only way to ensure redress for the Syrian people and at the same time open up a path toward national reconciliation, without which Syria may be vulnerable to further destruction and bloodshed. In fact, reconciliation is a form of transitional justice that is extremely necessary to establish a new Syrian state on a basis of legal legitimacy, pluralism and democracy.

Syria needs to establish a new culture of legitimacy and overcome the legacy of the past by engaging in a national reconciliation carried out through social reconstruction, the establishment of truth commissions, compensation for victims, and the reform of the State’s institutions, especially the security services and the police.

Therefore, the Syrian Center for Political and Strategic Studies announces the establishment of the “National Preparatory Committee for Transitional Justice,” to build programs and future plans for transitional justice in Syria. Committee members include judges, lawyers, former political prisoners, and Syrian human rights activists. The following are the names of the members (some of the members currently living inside Syria have not been named for security reasons):

Mr. Jamal Suliman (Actor and Public Figure)
Dr. Hazim Nahar (Human Rights Activist)
Mr. Radeef Mustafa (President, Kurdish Organization for Human Rights)
Ms. Rajaa Al-Tally (Center for Civil Society and Democracy in Syria)
Dr. Radwan Ziadeh (Director, Syrian Center for Political and Strategic Studies)
Judge: Talal Houshan (Council of Free Syrian Judges)
Lawyer: Muhannad Alhosni (President, Syrian Organization for Human Rights)
Mr. Walid Saffour (Chairman, Syrian Committee for Human Rights)

For additional information about the conference or the National Preparatory Committee for Transitional Justice, please contact Dr. Radwan Ziadeh, Executive Director, SCPSS. Tel: 00905369852396 , Email: radwan.ziadeh@gmail.com

Media attendees, please contact Mr. Hart Uhl at hartuhl@scpss.org