It’s been nearly four full months since the United Nations called upon both Israel and Palestinians to conduct independent and impartial investigations into alleged violations of international humanitarian law during the 2008-09 conflict in Gaza and Southern Israel.  These violations were reported upon in the so-called Goldstone Report. Amnesty International and the rest of the international community are still waiting for the two parties to give an adequate response.

Today (Feb. 26), the United Nations voted 98-7 with 56 countries absent to provide an additional five months for the parties to conduct these investigations.  To date, both Israel and Hamas have issued reports that fall woefully short of being effective and independent. UN Secretary General Ban Ki-moon, in his response to the reports, found little to praise in them but unfortunately fell short of an assessment of whether they met the criteria set by the UN.

This disappointment gets to the crux of the matter.  There are powerful efforts to ensure that the Goldstone Report doesn’t get acted on.  Amnesty International believes the report is a means toward justice in a conflict in which the evidence suggests war crimes were committed.  And more importantly, in its insistence that all sides to the conflict be judged by a single international standard, it also provides a way toward a long-term sustainable peace in a region that hasn’t had it for nearly 75 years.

Today’s UN resolution contains the elements that AI is calling for, although AI had lobbied for the text to be more explicit in terms of the assessment required from the Secretary-General at the end of the five months.

But if the UN allows both parties to dither and shirk their international responsibilities, the vote will be meaningless.  It’s particularly disappointing that the United States was one of the seven negative votes today.  US support for the Goldstone report and process is essential to its effectiveness.

We want the United States and all members of the UN to support this resolution and provide some strength to a process that offers promise but which can easily be derailed.  The goal must be to have Israel and Palestine conduct credible and thorough investigations that are monitored by a UN-mandated body of legal experts.  And in five months down the road, if the parties have not done so, the UN Security Council should refer the situation to the International Criminal Court.  That would be an act with teeth.

Today begins a monumental week for human rights in Israel and the Palestine National Authority on several fronts.

Over the course of the next few days, in Israel, legislators will begin debate a draft of a law that would put asylum-seekers and migrants at risk for being returned to countries where they would face serious human rights violations. The United Nations will receive the secretary-general’s report on Israeli and Palestinian domestic investigations into violations of International Humanitarian Law (IHL) from December 2008 to January 2009. And in the United States, a congressional letter is circulating asking Representatives to press for immediate relief of the citizens of Gaza.

That’s a lot of activity, and at a time of significant international interest in the region, Amnesty International hopes that it will lead to a renewed focus on human rights issues as the best way to achieve a lasting peace.

To take the various actions of the week one at a time:

* The Israeli Knesset will begin discussion Feb. 3 on the Prevention of Infiltration Law.  The legislation comes out of a current crisis, particularly on the Egyptian border, where refugees from human rights violations – primarily the Sudan and Eritrea – are attempting to reach safety by entering Israel in large numbers. In recent years, large numbers have been forcibly returned to Egypt, where they are at risk of both human rights violations and of being forcibly returned to their country of origin.

Amnesty International is concerned that the draft legislation prescribes lengthy prison sentences for asylum-seekers and irregular migrants and would allow for their immediate deportation, without regard to the risk they might face of torture or other ill-treatment or persecution in the country to which they would be forcibly returned.  We believe the legislation is inconsistent with international human rights treaties and we call about the Knesset to reject the draft law and ensure that any immigration or national security provisions that are introduced into law fully respect Israel’s international human rights obligations.  Click here for more information.

* This past November, the United Nations General Assembly endorsed the findings of the Goldstone Report, which concluded that both Israeli forces and Palestinian armed groups had committed grave violations of international law, including war crimes and possible crimes against humanity, during the three week conflict in Gaza and southern Israel.  Both groups were required to conduct domestic investigations into the allegations and submit reports back to the United Nations in early February.

Amnesty International has called upon both Israel and Hamas to fulfill their obligations in these investigations.  We attempted to ensure both sides conducted their investigations with the required independence, impartiality, transparency and effectiveness. If the reports fail on these accounts, Amnesty expects that the United States and other UN member states will fulfill their responsibility to monitor the investigations.

Feb. 2 update: Amnesty has just issued this release condemning the Israeli response to the Gaza investigations.

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Remarks made by Bono , New York Times columnist Nicholas D. Kristof and President Barack Obama stating they hoped Palestinians would find their Martin Luther King, Jr. (MLK) or Gandhi completely ignore Palestinian nonviolent resistance to brutal oppression.

The presumption that the Palestinian struggle is mainly violent is disturbing. And the dismissal of the people who have sacrificed time, money and even their lives to fight injustice with nonviolence is callous.

Although Palestinian nonviolent resistance dates back to the early 1900’s, the image of armed and violent Palestinians still prevails.   In the 1970’s and 80’s, Palestinian refugees from camps in foreign countries, seeing no resolution after decades of displacement, chose armed struggle and  more recent suicide bombings in Israel  reinforced the perception.

Several factors have hindered a single, iconic figure from emerging or a cohesive civil disobedience movement from blooming despite its continued use by different sectors of Palestinian society.

Israeli policies are repressive and brutal.  The use of live ammunition, beatings, destruction of property,  rejection of building permits, constant threats, repeated administrative detentions and the escalation in arrests is discouraging and has been effectively obstructive.

Nongovernmental delegations, employees and individuals who are perceived as critical of Israel or sympathetic to Palestinians are increasingly denied entry or proper work permits for the Occupied Territories.

Sami Awad, Coordinator for the Holy Land Trust, a not-for-profit community support organization committed to nonviolence and the teachings of MLK and Gandhi, aptly points out, “Nonviolence is not something that happens overnight.  It’s not a means to end the conflict tomorrow. It’s something that evolves over long periods of time.”

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Abdallah Abu Rahme is affable and articulate.  Last July, when I called to set up a time to talk before one of the weekly protests in his village, Bi’lin in the occupied West Bank, he made jokes and explained exactly the best way to get there from Jerusalem through all the checkpoints and roadblocks.

Abdallah’s vocation is teaching, but what takes up a good portion of his time is his involvement with the village’s non-violent popular committee which protests the wall/fence built by Israel that snakes through the occupied West Bank (WB).  Israel says the wall is being built for security reasons; others that the wall is simply strangling villages’ economies by cutting them off from their agricultural lands and water sources.

The International Court of Justice ruled in 2004 that the wall is illegal where it sits on Palestinian territory and should be removed.  Eighty percent of the wall is built on Palestinian territory, but five plus years later, most of the wall continues to sit  and be built on Palestinian land.  Popular committees have sprung up across the WB to protest the wall and over the past 18 months, there appears to be an increase in the harassment and prosecution of activists involved in this and other non-violent actions.

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Israel is denying Palestinians their right to access to adequate water by using discriminatory and restrictive policies.

 Donatella Rovera, senior researcher on Israel and the Occupied Palestinian Territories said,

 “Israel allows the Palestinians access to only a fraction of the shared water resources, which lie mostly in the occupied West Bank, while the unlawful Israeli settlements there receive virtually unlimited supplies. In Gaza the Israeli blockade has made an already dire situation worse.”

The report, “Troubled Waters: Palestinians Denied Fair Access to Water,” says Israel uses more than 80 per cent of the water from the Mountain Aquifer, the main source of underground water in Israel and the OPT, while restricting Palestinian access to 20 per cent.  Israel takes all the water from the Jordan River,  the Palestinians get none.

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