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Gaza women protest 40 days of Rafah closure
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UN expert calls for assessing legal status of prolonged Israeli occupation
ICJ should assess legal status of prolonged Israeli occupation of Palestine, says UN rights expert
21 March 2014 – The United Nations Special Rapporteur on occupied Palestine, Richard Falk, today called for an assessment by the International Court of Justice (ICJ) on the legal status of the prolonged Israeli occupation of Palestine, and allegations that it has legally unacceptable characteristics of ‘colonialism’, ‘apartheid’ and ‘ethnic cleansing.’
“Special steps must be taken to ensure that the human rights of the Palestinian people are protected and the rule of law established in an occupation which has lasted now for more than 45 years,” Mr. Falk said after serving six years as the independent expert charged by the Human Rights Council to monitor and report on the situation of human rights in the Palestinian territories occupied since 1967.
In his final report*, the Special Rapporteur also calls on the UN Human Rights Council to examine the legal implications of the occupation of Palestine. And urges the international community to act decisively to uphold Palestinian human rights.
“Ongoing settlement expansion remains a serious obstacle and undermines prospects for Palestinian self-determination” he said, noting that the number of settlements built in the West Bank doubled in 2013, according to Israeli official data. “So far, there have been no signs of change in this trend for 2014 and Israel has already defiantly approved the construction of hundreds of new homes in the first three months of the year despite the ongoing peace negotiations.”
The UN expert also reiterated concerns on the Wall, recalling that, in 2004, the ICJ declared its construction illegal in occupied Palestine. An estimated 85% of the planned route of the Wall lies within the West Bank; more than 60% of a planned 708 km has been completed and construction continues. “Such a course of action undermines respect for international law and should be challenged,” Mr. Falk underscored.
The Special Rapporteur called for urgent attention to the deterioration of the situation in East Jerusalem, which the report describes as a “microcosm of the fragmentation of territory taking place throughout the West Bank”.
He noted that “more than 11,000 Palestinians have lost their right to live in Jerusalem since 1996, under rules imposed by Israel.” The potential liability of companies who profit from settlements is also analyzed in the report. “The international community is starting to react responsibly in relation to issues of corporate social responsibility,” Mr. Falk said.
“Some companies and countries are increasingly moving away from engagement with settlements on the basis of their illegality under international law; these examples are to be commended and should be followed by others.”
The human rights expert also expressed his views on a worsening humanitarian situation in occupied Gaza, noting that “the effects of the blockade, coupled with regional developments, are having a severe impact on the civilian population of Gaza.”
“We mustn’t forget that thousands of Palestinian political detainees, including children, remain in Israeli prisons. Among them are more than a hundred administrative detainees. Many of them are subjected to ill-treatment and torture from the time of their arrest to their interrogation in detention” the Special Rapporteur said.
Speaking before his final appearance as Special Rapporteur at the Human Rights Council, Mr. Falk stressed the importance of this mandate to bear witness to the serious human rights violations that continue to afflict the Palestinian people after more than four and half decades of occupation.
“In the face of Israel’s continuing refusal to cooperate with this mandate, accentuated by defamatory attacks by political NGOs intent on undermining it, it is of the utmost importance that my successor is supported and enabled by the UN and the Human Rights Council, to report objectively on the human rights violations being endured by the Palestinian people,” he stressed.
The Special Rapporteur is scheduled to present his final report to the Human Rights Council on Monday 24 March 2014.
The latest round of US-driven negotiations has yet to engender a significant, organized response from Palestinians in the Diaspora.
Details have emerged in recent weeks as to the shape that U.S. Secretary of State John Kerry’s “framework agreement” is likely to take, both in reports by Palestinian officials and in columns by U.S. analysts: Not only would there be a truncated Palestinian state with significant Israeli controls remaining in some fashion, but the Palestinian right of return would be eliminated entirely.
Given the gravity of the decisions that could be made on behalf of Palestinians – including an “end of claims” arising out of the conflict – one would expect a more forceful response in responding to these proposals.
If the PLO/PA was to come to a final settlement with Israel tomorrow, and, in doing so, purported to “end all claims” of the Palestinian people, states and international bodies – even those like the International Court of Justice – could conceivably accept its decision as having been made on behalf of all Palestinians.
To propose a concrete strategy for popular action, some initial steps could include: Organize locally and establish popular forums for Palestinians to discuss the likely terms of any agreement, their implications, and the extent to which such an agreement would be palatable.
Establish and strengthen alliances and networks of Palestinians across the globe that are unified around common goals and demands.
Establish and communicate to the PA/PLO and international stakeholders the red lines and basic demands that must respected in any agreement signed in the name of the Palestinian people must respect.
Identify strategies to increase public pressure on Palestinian negotiators to hold to those red lines and to pursue national goals and aspirations.
Read full article al-shabaka.org, illegitimate-leadership-can-sign-away-rights
The Special Rapporteur’s report to the UN Human Rights Council
gaza.scoop-Special Rapporteur: ICJ should-assess-legal-status-of-prolonged occupation
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There is a growing, uncomfortably Orwellian feel to the BBC’s constant censoring of anything that Israel and its supporters may find disagreeable.
Among the Corporation’s attempts to justify itself we have been told that the suggestion that Palestine is not free is “contentious”.
It should be blindingly obvious that the belligerent military occupation of one people by another would be contentious. One side will want to justify it and the victims will want to expose it and appeal for justice. People should be free to hear both sides of any argument and make up their own minds. By setting itself up as both judge and jury, the BBC is exhibiting what seems to be contempt for the public’s intelligence – not to mention the hard-won provisions of the Fourth Geneva Convention
Read full article
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