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.

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

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.

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