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.

In the Gaza Strip, 90 to 95 per cent of the water from its only water resource, the Coastal Aquifer, is contaminated and unfit for human consumption. Yet, Israel does not allow the transfer of water from the Mountain Aquifer in the West Bank to Gaza.  And because of the blockade on the Gaza Strip and the stringent restrictions imposed by Israel on the entry into Gaza of material and equipment necessary for the development and repair of infrastructure have caused further deterioration of the water and sanitation situation in Gaza, which has reached a crisis point.

A  12 page digest, “Thirsting for Justice: Palestinians access to water restricted” and the feature story of West Bank farmer,  Mahmoud al-’Alam,  about the day Israeli bulldozers came and destroyed his water supply and his livelihood can also be found on the Amnesty International website along with  the main report.

The United States is fast losing their credibility in the region and among Human Rights organizations and activists over our reluctance to support the recommendations contained in Justice Richard Goldstone’s report (pdf).

Justice Richard Goldstone, who gained respect internationally for his work in the UN International Criminal Tribunals for the former Yugoslavia and for Rwanda and his human rights work in Argentina, South Africa and Kosovo led an investigation into violations of international law committed by all parties involved in the fighting last winter in Gaza and southern Israel.  The UN mandated investigation found that both Israeli forces and Palestinian armed groups committed grave violations of international law, including war crimes and possibly crimes against humanity, during the conflict.  The report supports Amnesty International’s own findings of war crimes committed by both sides.

US made Hellfire missile manufactured in Orlando, FL used in incident where two Palestinian medics and a child were killed.

See prior blog post for more details.

Remarks from the State Department and specifically Ambassador to the United Nations, Susan E. Rice do not bode well for the report’s reception in the Human Rights Council and the recommendation that the HR Council take concrete steps to move the process of accountability forward.  Ambassador Rice has said she has ’serious concerns’ about the mission’s mandate and that it is imperative to not get distracted and look forward to resolve the conflict.

Amnesty International believes that justice and accountability can never be an impediment to peace, but are the foundation to an enduring peace in the region.  And that the recommendations contained in the Goldstone report are the best hope for achieving justice for the victims and to end the atmosphere of impunity enjoyed by the perpetrators from both sides and help end the cycle of violence.

Justice Richard Goldstone is scheduled to present the findings of his team’s investigation Tuesday, September 29th to the Human Rights Council.  The HR Council will then discuss the findings and has the ability to refer the report and its recommendations for consideration by the UN Security Council.  The United States recently joined the HR Council and has the ability to sway the council one way or the other.

Send a letter to Secretary of State Hillary Clinton and Ambassador Susan Rice urging them to support the recommendations contained in Justice Richard Goldstone’s report.

Amnesty International said yesterday that the recommendations of the United Nations Human Rights Council’s fact-finding mission on the Gaza conflict, if implemented, offer the best hope for justice and accountability. The UN-mandated report by Judge Richard Goldstone found that both Israeli forces and Palestinian armed groups committed grave violations of international law, including war crimes and possibly crimes against humanity, during the Gaza conflict this year.

 The report supports Amnesty International’s own findings of war crimes committed by both sides.

Donatella Rovera, who headed Amnesty International’s fact finding mission last winter in Israel and the Gaza Strip, said:

“The UN Security Council and other UN bodies must now take the steps necessary to ensure that the victims receive the justice and reparation that is their due and that perpetrators don’t get away with murder. The responsibility now lies with the international community, notably the UN Security Council, as the UN’s most powerful body, to take decisive action to ensure accountability for the perpetrators and justice for the victims. The Security Council must refer the Goldstone findings to the International Criminal Court Prosecutor if Israel and Hamas do not carry out credible investigations within a set, limited period.”

Note:  The United States holds the Presidency of the United Nations Security Council for the month of September.

Despite powerful evidence of war crimes and other serious violations of international law which emerged during and in the aftermath of the conflict, both Israel and Hamas have failed to carry out credible investigations and prosecute those responsible.  The UN Security Council condemned attacks against civilians during the conflict and urged both sides to respect international law, but so far it has turned a blind eye to the allegations of war crimes and other grave violations committed by both sides.

The report’s findings are consistent with those of Amnesty International’s own field investigation into the 22-day conflict during which some 1,400 Palestinians and nine Israelis were killed (four other Israeli soldiers were killed by their own side in ‘friendly fire’ incidents).

Most of the Palestinians killed by Israeli forces were unarmed civilians, including some 300 children. Amnesty’s investigations also found Israeli forces carried out wanton and wholesale destruction in Gaza, leaving entire neighborhoods in ruin, and used Palestinians as human shields.  Amnesty’s findings also agree with the Goldstone report in that the rocket fire into southern Israel by armed Palestinian groups, including Hamas, was indiscriminate which constitutes a war crime.

Key findings of the Goldstone report include:

• Israeli forces committed violations of human rights and international humanitarian law amounting to war crimes and some possibly amounting to crimes against humanity. Notably, investigations into numerous instances of lethal attacks on civilians and civilian objects revealed that the attacks were intentional, that some were launched with the intention of spreading terror among the civilian population and with no justifiable military objective and that Israeli forces used Palestinian civilians as human shields.

• Israeli forces committed grave breaches of the Fourth Geneva Convention, notably wilful killing, torture and inhumane treatment, wilfully causing great suffering or serious injury to body or health, and extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly. As grave breaches these acts give rise to individual criminal responsibility.

• Israel violated its duty to respect the right of Gaza’s population to an adequate standard of living, including access to adequate food, water and housing. Notably acts which deprive Palestinians in Gaza of their means of sustenance, employment, housing and water, that deny their freedom of movement and their right to leave and enter their own country, that limit their access to an effective remedy and could amount to persecution – a crime against humanity.

• Palestinian armed groups violated the principle of distinction by launching rocket and mortars attacks which cannot be aimed with sufficient precision at military targets and that their attacks into civilian areas which had no intended military target constituted deliberate attacks against civilians. Such attacks constitute war crimes and may amount to crimes against humanity.

• Palestinian combatants did not always adequately distinguish themselves from he civilian population and they unnecessarily exposed civilians to danger when they launched attacks close to civilian or protected buildings.

• The Fact-Finding Mission found no evidence that Palestinian armed groups directed civilians to areas where attacks were launched or that they forced civilians to remain within their vicinity, nor that hospital facilities were used by the Hamas de-facto administration or by Palestinian armed groups to shield military activities, or that ambulances were used to transport combatants, or that Palestinian armed groups engaged in combat activities from within hospitals or UN facilities that were used as shelters.

The open letter to the TIFF highlighted several reasons for the withdrawal from the festival. One reason was because that the festival was celebrating Tel Aviv as a city of diversity while Palestinian film-makers were absent from the program. Furthermore, the history of the city, which includes the struggles of Palestinian people is excluded and is also indirectly being celebrated through this spotlight.

“The emphasis on ‘diversity’ in City to City is empty given the absence of Palestinian filmmakers in the program. Furthermore, what this description does not say is that Tel Aviv is built on destroyed Palestinian villages, and that the city of Jaffa, Palestine’s main cultural hub until 1948, was annexed to Tel Aviv after the mass exiling of the Palestinian population. This program ignores the suffering of thousands of former residents and descendants of the Tel Aviv/Jaffa area who currently live in refugee camps in the Occupied Territories or who have been dispersed to other countries, including Canada.”

The letter also included another dimension of critcism against Israel by drawing parallels between Apartheid South Africa and Israel at times.

“Looking at modern, sophisticated Tel Aviv without also considering the city’s past and the realities of Israeli occupation of the West Bank and the Gaza strip, would be like rhapsodizing about the beauty and elegant lifestyles in white-only Cape Town or Johannesburg during apartheid without acknowledging the corresponding black townships of Khayelitsha and Soweto.”

“However, especially in the wake of this year’s brutal assault on Gaza, we object to the use of such an important international festival in staging a propaganda campaign on behalf of what South African Archbishop Desmond Tutu, former U.S. President Jimmy Carter, and UN General Assembly President Miguel d’Escoto Brockmann have all characterized as an apartheid regime.”

The protest began originally with film-maker John Greyson from Canada who withdrew his documentary “Covered”, which is about the violence in Bosnia-Herzengovina that shut down the 2008 Sarajevo Queer Festival, the Washington Times reported. In a later email Greyson added that,

“We’re not protesting the Israeli films or the filmmakers our target is TIFF’s Spotlight on Tel Aviv itself, and specifically its connections to the ‘Brand Israel’ campaign and the Israeli Consulate, which make the spotlight look and feel like a propaganda exercise. As filmmakers and audiences, we’re telling TIFF that eight months since the Gaza massacre, this is no time to be uncritically ‘celebrating’ Tel Aviv”

Critics of the protest have also spoken out in favor of the festival and Israel. Rabbi Marvin Hier was critical of those who signed the letter and was reported by TMZ as saying that “Whoever would sign on to a campaign like this would support the complete destruction of Israel.” Jane Fonda replied to the accusations with a statement issued saying,

“I, in no way, support the destruction of Israel. I am for the two-state solution. I have been to Israel many times and love the country and its people.”

The director of the TIFF, Richard Moore also spoke out and called this protest an effort to censor the films and the festival saying that, “Loach’s demands were beyond the pale. As a supporter of independent film and filmmaking he should be ashamed of himself.”

Even amidst criticism, Loach, O’Brien, and Laverty and many others have defended their decision to withdraw from the festival and encouraged others to take part in the greater international Boycott and Divestment Campaign any way that they could.

“On this site last week, Neve Gordon, a Jewish political professor teaching in an Israeli university argued: “The most accurate way to describe Israel today is an apartheid state.” As a result he too is supporting the international campaign of divestment and boycott. We feel duty bound to take advice from those living at the sharp end inside the occupied territories. We would also encourage other film-makers and actors invited to festivals to check for Israeli state backing before attending, and if so, to respect the boycott. Israeli film-makers are not the target. State involvement is. In the grand scale of things it is a tiny contribution to a growing movement, but the example of South Africa should give us heart.”

Amnesty International has taken no position on cultural or other boycotts anywhere in the world, though it does advocate sanctions in certain circumstances, as when it calls for embargoes on arms supplies to states or other parties in a conflict where such could be used to attack civilians. Earlier this year AI called for an arms embargo against both Israel and armed Palestinian groups, including Hamas, in light of evidence of war crimes and other serious violations of international humanitarian law during the December 2008-January 2009 conflict in Gaza.

Sana Javed contributed to this post.

UPDATE: I just changed the title of the blog post to reflect that the film makers, actors, and activists are in fact protesting the TFF and not boycotting. My apologies for the error.

Binyamin Netanyahu, Israel’s Prime Minister, has approved the construction of hundreds of new homes in the occupied West Bank and east Jerusalem despite statements by the U.S. government, including many by President Obama, that settlements are an obstacle to peace.

This BBC News video with Paul Wood aired on the BBC September 7th gives a good summary of situation.

There are approximately 500,000 Israelis living on settlements in the occupied West Bank and east Jerusalem.  All settlements are illegal according to international law and no country, with the exception of Micronesia and Israel itself, view it otherwise.  

Israel does not recognize the West Bank and east J’lem as occupied, but the majority of the international community, including the United States continue to hold both the territories as occupied and should be afforded the protections under the Geneva Conventions and other international bodies of law.

Under international law, an occupying power cannot transfer it’s population into territory it is occupying or change the demography unless it is for the benefit of the population being temporarily occupied. Some say that the Israeli gov’t (GOI) is not transferring it’s population; the population is voluntarily moving there so this argument is mute.  This is disingenuous though as east J’lem and the West Bank are considered occupied territory and the GOI provides infrastructure and military support for the settlements to exist.  Without government subsidies, support and encouragement, the settlements would not exist, nor would the growth continue at such a rate.

This McClatchy created graphic shows the expansion of settlements since the 1960

Although the current U.S. position supported by President Obama calling for a freeze on settlement expansion including so-called ‘natural growth’ is considered ‘unreasonable’ by some, it actually doesn’t go far enough.

The GOI has been changing the demography and encouraging settlement of east J’lem and the West Bank for over 40 years against international law.  Obama is simply asking Israel to cease illegal activity.  The GOI should not only halt construction, but begin implementing removal of all illegal settlers from occupied territory since all settlements and outposts are illegal, including those in east J’lem and compensate those Palestinians displaced or forced from their homes due to home demolitions or evictions.

After witnessing the deaths of her father Fathi, her sister Ismat, and her brother Ala on January 14, Amira Alqerem has turned to the (ICC) seven months later in hopes of justice for her family. Her family was attacked in Gaza during which lasted 22 days this past January and resulted in the deaths of more than 1,300 Palestinians and three Israelis.

The AFP reported on Alqerem’s court filing:

“The three children were awoken by an explosion to find their father’s body, covered in blood, next to a crater near their house, the document claims. Ismat and Ala went off to seek help, but were killed in another explosion. Amira, who had stayed behind with her dead father, was hit in the right leg.”

Gilles Devers, an international lawyer from Lyon, is currently representing Alqerem. He believes the Israeli attacks were aimed at citizens and recently said, “This was a crime against humanity, that is why we brought it to the ICC.” He also reaffirmed the need for accountability, adding that “Israeli politicians and military leaders must be held responsible.”

Luis Moreno-Ocampo, the ICC Prosecutor, began a preliminary analysis in February of the alleged crimes committed by Israel during Operation Cast Lead. He has received many claims similar to that of Amira Alqerem and to date, has received complaints from over 360 individuals in addition to evidence of wrong-doing from other non-governmental bodies, the Palestinian Justice Minister Ali Kashan, and the Palestinian National Authority all pertaining to this most recent Israeli offensive.

Through her interpreter, Alqerem noted that she was doing this “for all the children of Gaza” and that “I want to do something to change the situation.”

Sana Javed contributed to this post.

Yesterday, approximately 55 Arabs, including 14 children, were evicted from their houses in east Jerusalem neighborhood of Sheikh Jarrah after the Israeli Supreme Court ruled in favor of Jewish families that claimed ownerships of the property. Soon after the evictions, these families moved in under the protection of Jerusalem police.

However, the US, UN, and UK have all come out strongly against these evictions. “Unilateral actions taken by either party cannot prejudge the outcome of negotiations and will not be recognized by the international community,” the State Department said in a released statement. Chris Gunness, spokesman for the U.N. agency in charge of Palestinian refugees, said that the Arab families had been living there for more than 50 years.

Evictions, settlements, and the greater question of Jerusalem remain among the most contentious obstacles to a sustainable peace. Actions such as this are contrary to the provisions of the Geneva Conventions related to occupied territory.

Samah Choudhury contributed to this post

A new Amnesty International report about the recent conflict in Gaza concludes that Israel wantonly destroyed civilian infrastructure in Gaza, which could not be justified on grounds of “military necessity”. More than 3,000 homes were destroyed and some 20,000 damaged in Israeli attacks which reduced entire neighbourhoods of Gaza to rubble and left an already dire economic situation in ruins.

Israeli forces killed hundreds of unarmed Palestinian civilians and destroyed thousands of homes in Gaza in attacks which violate international law.

Hamas and other Palestinian armed groups fired hundreds of rockets into southern Israel, killing three Israeli civilians, injuring scores and driving thousands from their homes. These kind of attacks are indiscriminate and are thus clearly in violation of international law.

Another key finding of the report is that there is no evidence that Palestinian armed groups used civilians as “human shields”.

The Israeli navy intercepted, boarded, and took control of a Greek cargo ship carrying foreign peace activists, including former US congresswoman Cynthia McKinney and Nobel prize winner Mairead Maguire. Their ship was carrying humanitarian aid cargo for the residents of Gaza.

The Israeli military instilled a blockade June 2007 in Gaza; a response to the rise in power of Hamas. Since then, the sanctions have made it incredibly difficult to get the bare essentials to the population, such as food, fuel, and medicine.

This is not the first time Israel has blocked humanitarian aid—similar ships have been turned back after attempting to deliver basic goods like food and medicine.

“This is an outrageous violation of international law against us. Our boat was not in Israeli waters, and we were on a human rights mission to the Gaza Strip,” said Cynthia McKinney in a statement shortly after she and the other activists were turned over to immigration authorities in Ashdod.

Samah Choudhury contributed to this post

Israeli senior officials yesterday said that Israel is open to a 3-6 month complete settlement freeze (including natural growth) in order to allow for Palestinian negotiations to take place. Officials asked they not be named, as the issue is so “explosive” within Israel that they do not wish to be associated with the idea yet.

Despite the officials’ claims, Israeli Defense Minister Ehud Barak, who meets with US envoy George Mitchell this week, has shied away from the subject, saying “the matter mentioned in the headlines has not been finalized.”

This freeze, however, would allow for existing settlement construction to continue. Currently, over 2000 new buildings are under construction across the Palestinian West Bank.  While not meeting US calls for a complete freeze, a brief halt to new settlements is indicative of the Israeli desire to move on from the current tension between the two countries.

Settlements are illegal under International Law. Last month, President Obama and Secretary Clinton made vocal requests for Israel to completely end its creation of new settlements in the West Bank.

Samah Choudhury contributed to this post