By Elizabeth Conger
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – An Arab man has been sentenced to jail time by a Jerusalem District Court for holding himself out to be a single Jewish bachelor to a Jewish woman he had consensual sex with.

According to the woman, thirty-year-old Sabbar Kashur introduced himself as a single Jew looking for a serious relationship. The two then had sex in a nearby building.  When the woman later discovered that Kashur was not Jewish, she filed a police complaint which ultimately let to charges of rape and indecent assault.

Prosecutors acknowledged that the sex was consensual, but accused Kashur of ‘rape by deceit.’

Judge Zvi Segal said, in the verdict, that the court had the duty to protect the public from sophisticated criminals who could deceive innocent victims. “If she hadn’t thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated.”

The standard for ‘rape by deception,’ according to High Court Justice Elyakim Rubinstein, is whether an ordinary person would expect such a woman to have sex with a man without the false identity he created. Rubinstein stated that a conviction of rape should be imposed whenever a “person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him.”

Abeer Baker, an attorney with Adalah, an organization that advocates for Arab rights in Israel, said of the legal standard: “In this case, the ruling seems to say that if a ‘reasonable’ Jewish woman knew a man was an Arab, then she would not make love to him.”

Baker called this a “dangerous precedent,” and said it opened the door to allowing the Israeli government to interfere in the private lives of citizens.

Kashur has been under house arrest for nearly two years since the incident occurred.  He said that he first met the woman, who was in her late twenties, when he was leaving a grocery store in downtown Jerusalem and she asked him about his motorcycle. He told the woman his nickname, which was ‘Dudu,’ a common Jewish nickname for Daniel. He said:

“I said my name is Dudu because that’s how everybody knows me. My wife even calls me that.”

Kashur asserts that the verdict is racist, and his lawyers are contemplating an appeal of his sentence.  He said:

“For two years I’ve been under house arrest for nothing . . . If I were Jewish they wouldn’t even have questioned me. That’s not called rape. I didn’t rape her in the forest and throw her away naked. She agreed to everything that happened.”

The High Court of Justice set a precedent for rape by deception in 2008 when they convicted Zvi Sleiman, a Jewish man who impersonated a senior official in the Housing Ministry whose wife worked in the National Insurance Institute.  He told the women he deceived that he could get them a better apartment and higher insurance payments if they slept with him.

The High Court also convicted a man on three counts of fraud for telling a woman he was a neurosurgeon in order to persuade her to have sex with him.

Elkana Laist of the Public Defender’s Office said that the Jerusalem District Court’s conviction had gone too far, “opening the door to a rape conviction every time a person lies regarding the details of his identity.” She added: “Every time the court thinks a reasonable woman would not have had sex with a man based on that representation, the man will be charged with rape. That approach is not accepted around the world either.”

Laist also said that the decision is paternalistic to women and problematic in application.  “It means that every time a man tells a woman he loves her, based on which she sleeps with him, he could be convicted of rape.”

Dana Pugach, head of the Noga Center for Victims of Crime, said, however, that she had no problem with the verdict. 

“We all have different characteristics, and it is a person’s right to have sexual relations with a person knowing the facts about those characteristics. I see no difference between impersonating a Jew if you are an Arab and a wealthy pilot when you are penniless, if those are relevant characteristics to the decision to have sex.”

A 2007 poll conducted by Israel’s Geocartography Institute found that more than fifty percent of Israeli Jews thought marrying an Arab was “equal to national treason.” 

Intermarriage between Arabs and Jews is actually forbidden in Israel, and, in the settlement of Pisgat Zeev, a vigilante group patrolled the streets for more than a decade looking for mixed couples. Another settlement, Petah Tikva, has established a team of pyschologists and counsellors to “rescue” Jewish women from relationships with Arab men.

Gideon Levy, a columnist for Haaretz, asked whether the “rape by deception” law would have been applied differently in the case of an Arab woman deceived into having sex with a Jewish man. 

“Would he have been convicted of rape?” Levy asked. “The answer is: of course not.”

For more information, please see:

Al Jazeera – Israel jails Arab for ‘deceit rape’ – 21 July 2010

Haarezt.com – Jurists say Arab’s rape conviction sets dangerous precedent – 21 July 2010

Reuters – Israel jails Arab in “sex through fraud” case  – 21 July 2010

The Atlantic Wire – Israel Jails Arab for Bedding Jew Under False Pretenses – 21 July 2010

Haaretz.com – Arab man who posed as Jew to seduce woman convicted of rape – 20 July 2010

By Warren Popp
Impunity Watch Reporter, Middle East

BAGHDAD, Iraq – On Sunday, at least forty-seven people were killed in two coordinated suicide attacks. The first occurred as the victims were waiting in line to get paid by the Iraqi government at an army office in western Baghdad, and the second occurred in al Qaim, a city in the Anbar Province in western Iraq. Most of those killed in the attacks were Sahwa militiamen, members of what is often called the Awakening movement. The Awakening movement is made up of former Sunni insurgents who joined with the United States and Iraqi forces to fight against al-Qaeda in Iraq—a shift in allegiance that many see as a key turning point in the direction of the war.

The recent attacks are part of an increase in what appear to be revenge attacks against members of the Awakening movement and their families, largely carried out by elements of al-Qaeda in Iraq. The attacks are generally viewed as payback for what has been viewed by many as a significant role played by the Awakening movement in fighting al-Qaeda throughout central Iraq.

The Awakening movement complains that the Shiite-led Iraqi government, which they allege has always viewed them with suspicion, neglects them and also fails to protect them and their families from revenge attacks. They claim that the government has failed to fulfill its promises to integrate twenty percent of the roughly ninety-two thousand Awakening members in the regular security forces, to find jobs for others, and to keep paying their salaries on time—the victims of the most recent attacks reportedly had not been paid in five months, and it is reported that the monthly salaries of Awakening members have been cut from the three hundred dollars when they were under United States leadership, to one hundred dollars under Iraqi government control.

According to the Awakening commander of Baghdad’s Radwaniya district, “The [Iraqi] army has good relations with us and is cooperative, but there is no support from the government.” He further claimed, “I used to command 1,240 men, each one an important part of a security net, and now I command 400 only. The rest have become either porters or cleaners or are simply paid a monthly salary and stay at home.” The poor treatment by the government is cited as the reason many people leave both the Awakening and their new low-level jobs in civil ministries. Moreover, the Los Angeles Times reports that many Awakening leaders have recently been arrested for crimes they allegedly committed when they were insurgents, and that other Awakening members have been assassinated.

The Christian Science Monitor cites numerous examples of such assassinations: In December, two roadside bombs in December killed two Awakening commanders; in March, men broke into the house of a Awakening militiaman, shooting him and his wife; in June, an Awakening member’s house was blown up on the outskirts of Fallujah; last month, gunmen raided the home of a man who belonged to a tribe that has been vocal in its anti-Al Qaeda views, killing five of his family members; and just last week, an Awakening leader was brutally slain along with his wife and children in his South Baghdad home. There have also been frequent attacks of police officers, which have had their houses blown up and have witnessed family members being killed by gunmen.

Many Awakening members describe themselves as caught between radicals seeking revenge against them, and a government that appears just as likely to arrest them as give them their paychecks. Senior tribal leader, Sheik Ali Hatem Sulaiman, who is associated with the Awakening movement, said on Al Arabiya television, “The sons of the Awakening are paying with their blood . . . We haven’t seen the government, politicians or the Americans finding a solution to this problem.”

For more information, please see:

Al Arabiya News Channel – Iraq Suicide Bomber Kills 43 at Army Office – 19 July 2010

Al Jazeera – Suicide Bombers Target Iraq Militia – 19 June 2010

Christian Science Monitor – Iraq Suicide Attacks Target Sunni Awakening Militias; Dozens Killed – 19 July 2010

Christian Science Monitor – Sunni Awakening Resolute in Face of Iraq Bombing – 19 July 2010

Los Angeles Times – 50 Killed in Iraq Attacks Aimed at Anti-Al Qaeda Fighters – 19 July 2010

New York Times – Dozens Killed in Iraq Suicide Attacks – 19 July 2010

By Alyxandra Stanczak
Impunity Watch Reporter, Middle East

EL ARISH, Egypt – This past Tuesday, July 13, 2010, Bedouin rights activist and blogger Musaad Suliman Hassan Hussein, also known by his pen name Musaad Abu Fagr, was released from Abu Zaabal Prison. Hussein had been detained without trial for approximately three years under Egypt’s Emergency Law.

On the day of Hussein’s release, Ibrahim al-Arjani and Mohamed Isa al-Manai, also activists for Bedouin rights, were released from the same prison. Together, these three activists were accused of organizing protests among the 200,000 Bedouins living in the northern Sinai Peninsula.

Bedouins residing in Egypt’s Sinai Peninsula have faced high unemployment in recent years and continue to face labor inequities. Although the Sinai Peninsula is Egypt’s main region for oil drilling and processing, most oil-related jobs go to workers from the Nile area, instead of local Bedouins. 

Bedouins have protested this selective employment, saying that it is tantamount to government discrimination. Protests in the area have led to thousands of arrests since 2004. In addition, Bedouins in the area have not shared in the increased revenue derived from the booming tourism industry in the Sinai Peninsula area.

Hussein, al-Arjani, and al-Manai blogged bout the disparate treatment of Bedouin in Sinai Peninsula before their respective arrests. Hussein was arrested three years ago, charged by the government with the possession of unlicensed firearms, driving a car without a licence, and provoking unrest.

Each time a court issued an order for Hussein’s release in the past three years, the Egyptian Ministry of the Interior would intervene and block his release pursuant to Egypt’s Emergency Law. The Emergency Law, which was been in place since 1981, was renewed for a two-year period in May 2010.

The Emergency Law gives the Egyptian  government the power to arrest people without charge, detain prisoners indefinitely, limit freedom of expression and assembly, and maintain a special security court.

For more  information, please see:

Amnesty International – Egypt releases bedouin rights activist – 14 July 2010

Los Angeles Times – Egypt: Government shows goodwill toward Sinai Bedouins – 14 July 2010

BusinessWeek – Egypt creates Sinai oil jobs to quell Bedouin unrest – 13 July 2010

Reuters – Egypt releases three Bedouin activists in Sinai – 13 July 2010

New York Times – Egyptian emergency law is extended for two years – 11 May 2010

by Warren Popp
Impuntiy Watch Reporter, Middle East

TEL AVIV, Israel – An internal military investigation headed by Israel’s Major General, Giora Eiland, which was created to look into the deadly Gaza aid flotilla incident, recently completed its work. The deadly flotilla incident covered by the report occurred on May thirty-first when the Israel Defense Force (IDF) attempted to overtake a convoy of ships that was determined to break Israel’s blockade of Gaza to deliver humanitarian aid. The report found that the IDF faced violent resistance by armed activists, including being shot, stabbed, and beaten with metal objects. Activists claim that the IDF indiscriminately used live fire against activists as they boarded the ship, and that the IDF was the first to fire. The incident left several IDF soldiers seriously injured, nine activists dead, and dozens of other activists wounded. According to the IDF Spokesperson, “The [investigation] team was appointed by the Chief of the General Staff to examine the deployment towards the flotilla, the chosen course of action and other possible alternatives, advance preparations, and the operation’s implementation.”

The report concluded that the military made several mistakes in the preparation for the raid, including a failure to utilize all possible intelligence gathering methods (although the IDF claims there is no guarantee that a complete intelligence gathering effort would have created a full intelligence picture); a failure to plan for all possible contingencies, including both the general outcome that ensued and especially for the expected level of violence; and a failure to seek other technological alternatives for stopping vessels from reaching Gaza, although here the report emphasized that no country in the world, at least to their knowledge, has the ability to stop a vessel at sea in a non hostile manner.

In terms of the actions of the IDF commandos, the IDF spokesperson said the following in regards to the report: “The team determined that the Navy Commando soldiers operated properly, with professionalism, bravery and resourcefulness and that the commanders exhibited correct decision making. The report further determines that the use of live fire was justified and that the entire operation is estimable.” The report also found there were mistakes made “at quite a senior level” but did not recommend punishments for any of the officers involved in the May 31 raid.

Israel has rejected calls by the United Nations Secretary-General, the United Nations High Commissioner for Human Rights, and other world leaders for an international investigation, and has claimed it will not cooperate with a Human Rights Council commission that is being set up to investigate the incident.

In addition to the mlitary investigation, Isreal has set up a panel, the Tirkel Committee, to investigate the incident, and  to decide whether the raid was in compliance with international law. This panel consists of three retired judges and two experts, and also includes two prominent foreign observers: David Trimble, a Northern Ireland politician, and Nobel Peace Prize laureate and the Canadian jurist, Ken Watkin. The Tirkel Committee has no power to summon anyone from the IDF except for General Ashkenazi. Prime Minister Netanyahu , Defense Minister Barak, and General Ashkenazi are all expected to testify before the panel publicly and under oath. Al Jazeera reported that Mark Regev, a spokesman for the Israeli government, told Al Jazeera that, “Israel’s investigatory process, both civilian and military, meets the highest international standards,” and, “It’s standard operating procedure [to investigate] after any military operation, especially an operation that has human fatalities.”

The Turkish group that organized the humanitarian convoy, IHH, criticized the report, particularly the claim that the IDF  was justified in using live ammunition. The IHH maintains that the IDF commandos were responsible for starting the violence. Huseyin Oruc, a member of IHH’s board reportedly told Al Jazeera, “If you compare the passengers on the Mavi Marmara and the soldiers, even their equipment… you can understand how much balance there was between the two sides.”

Turkey, whose close diplomatic relationship with Israel have faced serious strains since the incident, including the withdrawal of the Turkish Ambassador to Israel, welcomed the internal investigation and report, but is still calling on Israel to agree to a full and impartial international investigation. All nine of the activists who were killed in the incident were Turkish, including one who was a dual United States-Turkish citizen. Turkey’s Foreign Minister, Ahmet Davutoglu, said that he welcomed the acknowledgement that “mistakes” were made, but believed that IDF commandos committed “a crime” and that an international investigation is warranted.

The report was issued during the same time that a humanitarian aid ship from Libya was heading for Gaza. The ship is carrying about fifteen activists, primarily from Libya, and a dozen crew members. The ship is associated with the Gaddafi International Charity and Development Foundation (GICDF) led by the son of the Libyan leader, Colonel Muammar el-Qaddafi. The foundation of GICDF said on its website that the boat’s goal was to deliver two-thousand tons of aid to Gaza. After threats by Israel to intercept the ship, including a disputed report that Israel issued an ultimatum to the Libyan vessel, the ship reportedly changed course on July thirteenth, and is now slowly heading towards Egypt (mechanical difficulties along with a reported dispute between the crew of the ship and the activists regarding the final destination make confirmation of this by news agencies difficult). The Egyptian government has offered to accept the ship at one of its ports in the Sinai Peninsula and then deliver the goods to Gaza. Youssef Sawani, the executive director of GICDF said, “We hope the Israelis will not ban the ship from entering the port of Gaza. If they decide to do so we have no means to object to that. This is a peaceful mission”

For more information, please see:

AFP – Israel PM to Testify Before Gaza Panel on Aug 9 – 13 July 2010

Al Jazeera – Gaza Aid Ship ‘Diverts’ to Egypt – 13 July 2010

Al Jazeera – Israel: Use of Live Fire Justified – 13 July 2010

Jerusalem Post – Conflicting Reports at Sea – 13 July 2010

Jerusalem Post – Turkey Welcomes Eiland Report But Still Wants Int’l Probe – 13 July 2010

N.Y. Times – Gaza-Bound Ship Diverts to Egypt, Averting Clash -13 July 2010

Israel Defense Force Blog – Maj. Gen. (Res.) Eiland Submits Conclusions of Military Examination Team Regarding Mavi Marmara, 12 July 2010– 12 July 2010

N.Y. Timess – Israeli Military Finds Flotilla Killings Justified – 12 July 2010

Al Arabiya News Channel – Gaza-Bound Aid Ship Sets Sail From Greece – 10 July 2010

By Polly Johnson
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – Last Friday, Israeli Prime Minister Benjamin Netanyahu and his wife Sara held an hour-long meeting with the parents of captured Israeli soldier Gilad Shalit.

Noam and Aviva Shalit reached Netanyahu’s official residence in Jerusalem following a twelve-day march, in an effort to secure their son’s release. Gilad, now twenty-three years old, was captured in June 2006 by Palestinian militants and has been held in Gaza by Hamas militants who have demanded the release of as many as one thousand Palestinian prisoners in exchange for Shalit’s release.

Shalit’s family set up a protest tent at the culmination of the protest march, vowing to demonstrate outside the weekly cabinet meetings until their son is released. Over the weekend, visitors streamed in and out of the tent, in a showing of support for the family.

Following the meeting with Netanyahu, Noam Shalit said that there was no new news, but also indicated that the family did not have high hopes prior to their meeting with Netanyahu.

“We have received no news yet that might calm us or change the situation. We’ll remain in the tent as planned; there is no change. We’ll stay here until Gilad returns,” Noam said.

Netanyahu, who recently returned from a trip to the United States, told the couple that the issue of their son’s release was one of the topics discussed with U.S. President Barack Obama and other senior officials in Washington.

“It’s not just the tens of thousands of marchers who support you, but all the citizens of the state of Israel,” Netanyahu told the Shalits. “There are also millions of people abroad who are with you, as are my wife and myself.”

Palestinian news agency Ma’an reported on Sunday that Netanyahu asked former U.S. president Bill Clinton to help mediate the release of Shalit. Netanyahu met with Clinton during his trip to Washington, where he proposed that Clinton visit Gaza to negotiate with senior Hamas officials.

Netanyahu has said that Israel will release one thousand Palestinian prisoners, though not all the ones that Hamas wants. Some that might be released are serving multiple life sentences for their roles in organizing suicide bombings.

For more information, please see:

BBC – Netanyahu meets Shalit’s parents – 9 July 2010

Ha’aretz – Shalit family to protest outside weekly cabinet meetings – 11 July 2010

Ha’aretz – Report: Netanyahu asks Bill Clinton to mediate Shalit release – 11 July 2010

The Media Line – Public Support for the Release of Gilad Shalit Continues after Five Years – 12 July 2010