Egyptian-Israeli marriage restrictions threaten individual personal freedoms and the two state’s tenuous peace agreement.

 By Alyxandra Stanczak
Impunity Watch Reporter, Middle East

CAIRO, Egypt– Yesterday, the State Counsel’s Supreme Administrative Court, Egypt’s supreme court, upheld a decision to strip the citizenship from an Egyptian man who married an Israeli Jewish woman. Nabih el-Wahsh, the lawyer who brought the case to court, said this decision is aimed at protecting Egyptian youth and Egypt’s national security.

 Grounds for this decision were found in a 2008 fatwa, or religious edict, issued by Egyptian Islamic scholar Sheikh Farahat Al-Mongy, which commented on the sinfulness of Egyptians who marry Israelis. Shortly after this fatwa, a proposition was made during Egypt’s 2008 People’s Assembly (the lower house of Egypt’s Parliament) by three members who proposed a law to strip the citizenship of Egyptians who marry Israelis of any faith. Despite the timing of the ruling, which coincides with Israel’s hostile actions against an aid flotilla headed for Gaza, this decision is not meant as a direct response to that action; rather it is purportedly designed to solidify national security concerns.

Approximately 30,000 Egyptian men are married to Israeli women. The court asked the Ministry of the Interior to present for approval all marriages between Egyptians and Israelis to the cabinet in order to give consideration to national security and personal freedom. If the court’s recommendations arising from this case are followed, it would necessarily result in a threat to personal freedom guaranteed under the Universal Declaration of Human Rights, Article 16 – the right to family protection (which includes marriage) by society and State. This decision also could result in an arbitrary denial of marriage rights by Egypt’s state body under the guise of national security.

The implementation of this decision would have a far-reaching effect – not only on individualcitizens of both Israel and Egypt, but could serve to undermine the tenuous peace between the two countries. Egypt’s President Sadat and Israel’s Prime Minister Begin entered into a peace treaty initially in 1979, which has provided the foundation for later security arrangements.

This decision shows what Egyptian lawyer and human rights activist Negad al-Boraldescribes as mixed messages about Israel which result in “the [Egyptian] president congratulat[ing] Israel’s president in national holidays yet it punishes the people for having relationships with Israel.”

For more information, please see:

Associated Press – Egypt restricts marriage to Israelis – 6 June 2010

Al Jazeera News – Egypt targets marriages to Israelis – 5 June 2010

BBC News – Cairo court rules on Egyptians married to Israeli women – 5 June 2010

Jewish Journal – Egypt-Israel love fatwa highlights split on peace – 11 January 2008

By Warren Popp
Impunity Watch Reporter, Middle East

International condemnation has grown in the days following the raid on 31 May of a flotilla of ships carrying humanitarian aid headed toward Gaza, which Israeli forces commandeered in international waters. During the incident, seven Israeli soldiers were severely injured when activists on the ship allegedly attacked Israeli commandos with knives, Molotov cocktails, clubs, iron bars, and even pistols from the injured Israeli soldiers as they descended upon the ship, and nine activists were allegedly shot and killed by Israeli forces either as they descended and/or from commandos in the helicopter above and in nearby boats.

The United Nations Security Council acted in emergency session and called for independent investigation into the incident. The Human Rights Council also took action in a special sitting call for by Arab and Islamic states and passed a resolution that sets up an independent investigation and calls for an end to Israel’s blockade of Gaza.

While Israel has rejected a demand for any international investigation, they reportedly embraced a U.S. proposal on Thursday for an Israeli inquiry that would include the participation of outside observers.

The UN Secretary General, Ban Ki-Moon, as well as the UN High Commissioner for Human Rights and other World leaders have joined countries throughout the World in condemning Israeli action in the incident and demanding that the blockade of Gaza be lifted. Mr. Ban noted that this tragedy highlights the underlying problem of the siege of Gaza, stating that the siege was “counter-productive, unsustainable, and wrong.”

While the U.S. took an active role in preventing any direct criticism of Israel in the language of the Security Council Resolution, there are also signs that the incident may be altering the U.S. position towards the U.S. support of the Gaza blockade. The New York Times reports that according to U.S. officials, the international pressure from the incident “create[s] a new opportunity to push for increased engagement with the Palestinian Authority and a less harsh policy toward Gaza”; that the Administration considers Israel’s blockade of Gaza to be untenable; and that they will press for alternative approach’s that will ensure Israel’s security while still allowing more supplies into the impoverished Palestinian area.

Turkey immediately responded to the incident by recalling its ambassador to Israel and canceling joint military exercises. Turkey’s President stated, “Turkey will never forgive Israel for the killing of Turkish citizens.” However, since the release of nearly all of the detained activists, tensions between Israel and Turkey have eased: The Turkish foreign minister said, “It was time that calm replaces anger.”

Due to diplomatic and political considerations, Israel decided not to prosecute dozens of the detained activists, including many who Israel claimed were linked to terrorist groups, including Al-Qaeda, and many who allegedly attacked the Israeli commandos when they descended on the ships.

According to the Associated Press, Israeli Cabinet Minister Isaac Herzog said the release of the activists was an effort, “to take full control of this crisis management and move forward.”

The incident also led to other notable responses by states, including: South Africa temporarily recalling its Ambassador to Israel; Nicaragua severing all diplomatic ties with Israel; Sweden summoning Israel’s ambassador to demand an explanation of the incident; Great Britain calling for an end to the to the blockade; and perhaps most notable the response by Egypt.  Egypt, which kept its border crossing with Gaza closed even during the 2008 Israeli invasion of Gaza, responded to the latest incident by at least temporarily opening the border for humanitarian purposes.

The Israeli foreign ministry spokesman, Yigal Palmor has responded to some of the criticism by stating, “Those who criticize Israel would be better advised to turn their criticism against the terror-supporting rioters from the flotilla, who have nothing to do with humaneness.”

Israel appears to be focusing on its own allegations that the Turkish charity participating in the flotilla mission, the Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH), to terrorist groups. This characterization is in especially stark contrast to the stated adherence to “the principles of nonviolence and nonviolent resistance in word and deed at all times” that is a stated principle and practice of the Free Gaza Movement, the principle organizer of the flotilla, as well as to the professed peaceful and humanitarian nature of the flotilla’s mission in general.

Israel Remains Committed to Defending its Actions during the Flotilla Incident

Israeli Prime Minister Benjamin Netanyahu accused world leaders for holding Israel to a double standard in regards to Israel’s actions in the interception of a flotilla of ships on May 31 that was purportedly on a humanitarian mission, stating, “Once again, Israel faces hypocrisy and a biased rush to judgment.”

Netanyahu and other Israeli officials have repeatedly justified the actions by the Israeli commandos as acts of self-defense, have claimed that the interception of the flotilla in international waters was permitted by international law, and have stated that it is vital for Israel’s security that they continue to enforce the Gaza blockade.

Netanyahu claimed, “The international community cannot afford an Iranian port on the Mediterranean … The same countries that are criticising us today, should know that they could be targeted tomorrow.” He further states, “Opening a naval route to Gaza will present enormous danger to the security of our citizens”.

Israel claims that if any significant amount of cement and steel were allowed into Gaza without restrictions it would end up in missiles and other weapons that would be used against Israel. (It should be noted that Israel now claims that cement was not found on the ship as initially alleged; however, the Free Gaza ship that is currently in route to Gaza is purported to have 550 tons of concrete.)

However, it appears that Netanyahu is willing to consider easing the naval blockade on Gaza, as well as other creative solutions for monitoring the goods that are allowed to enter the Hamas-ruled territory. The New York Times reported that Netanyahu proposed to Tony Blair, the international envoy of the ‘quartet of Middle East peacemakers’, that an international naval force inspect future aid shipments bound for Gaza.

Amos Gilad, a senior defense official, reportedly said in an interview that in Gaza, “we only have bad solutions, worse solutions and worst solutions”: “Hamas is a terrorist organization sworn to Israel’s destruction. We, on the contrary, are facilitating them to bring in all kinds of food, materials; they are even exporting strawberries and flowers.”

The Most Recent Developments in the Flotilla Incident:

The Hamas minister of social affairs, Ahmad al-Kurd, accused Israel of not delivering all of the supplies from the seized flotilla, including batteries for wheelchairs and cement, and has said that he won’t accept the aid from the flotilla until Israel provides everything that was confiscated and all detainees were released.

Another ship from the Fee Gaza movement, the MV Rachel Corrie, which was unable to join the ships in most recent flotilla due to mechanical problems, has been boarded without incident by Israeli forces.

Israeli Prime Minister Netanyahu quickly distinguished the latest incident between the boat filled with Irish and Malaysian activists of the Free Gaza Movement and the Turkish-sponsored activists that was intercepted May 31 in an incident that left nine dead and scores wounded: “The different outcome we saw today underscores the difference between peace activists who we disagree with but respect their right to express their different opinion and flotilla participants who were violent extremist supporters of terrorists.”

In response, the Free Gaza Movement said, “we’d like to remind Mr. Netanyahu that the only hate evidenced on board all six boats on Monday morning came from the Israeli attackers.”

For more information, please see:

Jerusalem Post – Navy Boards, Takes Control of ‘Rachel Corrie’ Off Gaza Coast – 5 June 2010

NY Times – Second Set of Activists Steams Toward Gaza – 4 June 2010

Al Ahram Weekly – Death on the High Seas – 3 June 2010

Al Jazeera – S. Africa Recalls Israeli Ambassador – 3 June 2010

Al Jazeera – Turkey will “never forgive” Israel – 3 June 2010

AP – Israel Trying to Limit Diplomatic Damage From Raid – June 3, 2010

Haaretz.com – Under U.S. Pressure, Netanyahu May Ease Gaza Blockade – June 3, 2010

Jerusalem Post – Flotilla Dead Mourned in Turkey – 3 June 2010

Jerusalem Post – South Africa Recalls Its Ambassador – 3 June 2010

Telegraph.co.uk – Gaza Flotilla Attack: UN Secretary General Demands Blockade be Lifted – 3 June 2010

NY Times – Israeli FM Proposes Inquiry With Foreign Observers – 3 June 2010

Al Arabiya – UN Approves Probe Into Israel’s Ship Raid – 2 June 2010

N.Y. Times – In Bid to Quell Anger Over Raid, Israel Frees Detainees – 2 June 2010

N.Y. Times – New Israeli Tack Needed on Gaza, U.S. Officials Say – 2 June 2010

Free Gaza Movement – Our Mission – 30 January 2009

Free Gaza Movement – We Will Be Back – 30 January 2009