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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Hamas, the de facto administration in the Gaza Strip, released a video of 23 year old Gilad Shalit.  Gilad, an Israeli soldier, was seized by armed Palestinian groups over three years ago in June 2006 in a cross ‘border’ raid.  The video is significant as armed Palestinian groups have been detaining him incommunicado except for a couple of letters and an audio tape released over two years ago. Gilad has been denied communication with not only his family, but also the International Committee of the Red Cross (ICRC) which contravenes international law. Since his capture, Amnesty International has consistently called for his releaseand for the ICRC to have access to him.  AI has done this using both public actions and behind the scenes dialogue.

Negotiations for Gilad Shalit’s release have intensified under the current government of Prime Minister Binyamin Netanyahuand Gilad’s family as well as the nation has been increasingly concerned about his condition and treatment.  The following video, although in Hebrew, shows a pale, but otherwise healthy looking Gilad Shalit holding a paper from September 14th.

In exchange for the video, which Israel requested as ‘proof of life’, Israel released 19 Palestinian women prisoners; another female prisoner is due to be released sometime next week.  Israel holds several thousand Palestinians, including hundreds of children, in Israeli prisons against international law.  Hundreds of detainees are also held without charge or trial under administrative detention orders which can be repeatedly renewed and often includes children.  Currently, one child is held under administrative detention, Hamdi Al-Ta’mari.  Amnesty International is working on his case.  More information available at http://www.dci-pal.org/english/display.cfm?docID=1096&categoryid=16.

Others have been convicted in unfair trials in military courts.  It is a major concern that prisoners are held in Israeli prisons instead of in the occupied Palestinian territories which is against international law.  Since detainees are held within Israel proper, it is very difficult for families to visit minors in detention or other family members.

This video produced by B’tselem explains how the imprisonment of Palestinians inside Israel proper affects families, including the children:

This exchange, although bringing temporary relief to the Shalit family and joy to the families of the 20 detained female prisoners just highlights the concern Amnesty International outlined in the document ‘Detainees used as bargaining chips by both sides in Israel/Gaza conflict’ published in March 2009.  Gilad Shalit, it is believed was taken as leverage in future negotiations with Israeli authorities and many believe Palestinians are regularly taken by Israeli forces for many reasons other than security and one of them is for leverage as well.  Hostage taking, that is threatening to harm or continue to detain a detained person in order to compel a third party to do or abstain from doing something as a condition of their release is expressly prohibited under international law.  Such practice threatens the fundamental right to life, personal integrity and liberty and is expressly prohibited by international humanitarian law.  Under no circumstances is the taking of hostages justifiable.

Negotiations continue with Israel wanting Gilad Shalit released immediately and the Palestinians asking for at least 1,000 Palestinian prisoners to be released and/or an end to the punishing blockade of the strip.

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.

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.

The Sri Lankan government is facing renewed calls for an investigation into human rights abuses after a graphic video was released showing extra-judicial killings.

Journalists for Democracy in Sri Lanka, which obtained the material, said this video was filmed in January – when the international media were prevented by the Sri Lankan government from covering the conflict zone.

The video shows a uniformed soldier shooting a naked man in the head. Eight dead bodies can be seen in the video as well.

Although Amnesty International is not able to verify the footage on this video, it raises important questions about violations committed during the recent conflict.

And the reaction to the video underscores the precarious situation in Sri Lanka, where tensions remain high.  In response to the video, the International Secretariat of Amnesty International repeated its call for “an international, independent and credible investigation into what took place during the final days of the conflict.”

The Sri Lankan governmnet has decried the video as “absolutely false”, suggesting that those who put forth the video of supporters of the LTTE.

What remains to be seen is if the video is used–by all parties–to further divisions or to create an important discussion about the violations during the recent conflict.

WARNING: The footage is very graphic.

The Middle East Quartet are set to meet this Friday, June 26, in Trieste, Italy.  The meeting comes at a critical time with hopes of re-starting peace negotiations between Israel and the Palestinian Authority.  President Obama has repeatedly stated his position that the Jewish only settlements in both the West Bank and east Jerusalem are ‘illegitimate’ to the chagrin of Israeli officials use to a ‘nudge nudge wink wink’ policy where they do what they want concerning settlement activities while the U.S. looks the other way.  This tacit behavior was the norm during past administrations.  The U.S. position on the illegitimacy of settlements is in line with international law and international consensus which has long viewed settlements as illegal.  Israeli authorities, including Prime Minister Benyamin Netanyahu, have repeatedly stated their intentions to continue what they call ‘natural growth’ building.

Secretary of State Hillary Clinton heads to Trieste soon and AIUSA has sent a letter to her and cc’d Special Envoy to the Middle East George Mitchell  urging her to stand firm in the U.S. position on a complete settlement freeze and also containing a few more pressing concerns that we hope Sec’y Clinton remembers in discussions with other members of the Quartet (the EU, the UN and Russia).

The letter to Clinton not only re-iterates the illegality of the Jewish-only settlements in the Occupied Palestinian Territories, but outlines the effect that settlements have had and are having on the local Palestinians living there.  Not only have settlements negatively impacted the Palestinians’ standard of living, housing, education, health and work, but are inherently discriminatory in nature.  Settlements, land surrounding settlements and by-pass roads built for easy commutes to Israel are exclusively for Israelis.  Not only is water accessed in the OPT being re-directed to settlers and Israel at a 4:1 ratio, security measures taken by Israel, including over 600 roadblocks, checkpoints and the wall/fence much of which is being built on Palestinian territory have long been detrimental to any peace negotiations.

AIUSA believes previous attempts at resolving the conflict failed in part because they did not address these key issues.  And actions must include more than just dismantling recently established settlements, referred to as “unauthorized outposts”.  Israel should never have transferred its civilian population into the OPT and given that successive Israeli governments have consistently encouraged Israeli civilians to move to the OPT, Israeli authorities should now provide compensation for settler evacuations and assist them to re-settle.  A study conducted by Shalom Achshav (Peace Now) in 2003 found that the majority of Israelis living in settlements would re-locate if offered an adequate economic incentive.

The letter also addresses our continuing concerns about human rights violations in areas under Palestinian Authority control despite training provided under the leadership of Lt. General Keith Dayton, U.S. Security Coordinator for Israel and the Palestinian Authority.  Arbitrary detentions, disregard for due process and ill-treatment and torture of detainees in PA detention centers continue to be reported.

We asked that these issues be raised and that U.S. training of PA security forces results in a professional force that respects human rights while providing security.

UPDATE 6/26/09:  Ha’aretz, an Israeli daily, published ‘Quartet to urge Israel:  Freeze all settlement activity’.  A European diplomat said that the Quartet would tell Israel Friday to put a freeze on all settlement activity, including “natural growth”.

Israeli President, Shimon Peres, speaking to AIPAC at annual conference today.

Israeli President, Shimon Peres, flew to the United States to give a speech at the 2009 AIPAC (American Israel Public Affairs Committee) annual conference in Washington DC Monday and to meet with President Obama Tuesday at the White House.  YouTube already has a video of his speech.

Although George Mitchell, Special Envoy to the Middle East who was appointed by President Obama and Secretary of State Hillary Clinton has met with Israeli officials, this will be the first meeting between President Obama and a high ranking official from the newly established Israeli government under Prime Minister Benyamin Netanyahu which is considered ’right-wing’.

 AIUSA asked President Obama to raise the issues of increasing settlement expansion in the West Bank and the eviction of Palestinian families and demolition of homes in east Jerusalem.  Despite repeated U.S. statements condemning the demolitions and settlement expansion in the Occupied Territories, settlement expansion and demolitions continue.  Settlement building/expansion, evictions and demolitions in occupied territory are also illegal under international law.

Demolitions in east Jerusalem have increased dramatically in the last two years with wide swathes of land slated for demolitions.  Settlement expansion which has been in the works for some time is now being given the green light by newly elected government officials. 

Obama has also been asked to follow up on recent events in Gaza.  Despite statements by Sec’y Clinton that goods and humanitarian aid is getting into the Gaza Strip, other sources such as the U.N. and other monitors on the ground continue to report excessive restrictions which continue to keep out spare parts for medical equipment or equipment needed to rebuild, such as bulldozers.

We’ve also asked that Obama urge Israel to cooperate with the investigation being conducted by the team created by the United Nations Human Rights Council and under the leadership of Justice Richard Goldstone, a highly respected war crimes prosecutor.  Justice Goldstone has stated that he will be investigating the allegations of human rights abuses by all parties involved in the conflict.  The team is currently meeting in Geneva to organize and outline their investigation into war crimes committed during the Gaza crisis.  The government of Israel has publicly stated that they do not plan to cooperate with the team.

Even though the two leaders will be focused on the peace process, human rights are directly linked to any workable resolution.  Both parties must respect the basic human rights of each other and the United States must play a key role in getting all the  parties involved to recognize this basic tenet.

UPDATE May 6, 2009: Video covering comments made at AIPAC conference and responses.

Although the UN initiated a Board of Inquiry into allegations of war crimes in Gaza, Dion Nissenbaum, Jerusalem Bureau Chief for McClatchy news company, says

 ”I’m not sure what impact this UN report is going to have.” He continues to explain, “I think the only thing that the Israeli government will look at is reports from Israeli soldiers. Israel has always been skeptical of the United Nations, the international press, and they are certainly skeptical of what comes out of the Palestinians.”

Stories from members of the Israeli forces came out recently and created a firestorm of discussion within Israel about accusations which had already been levelled by human rights organizations such as Amnesty International, Human Rights Watch, the international media and other NGO’s working in the area.  These stories from the soldiers were given more credit than all the evidence presented from outside sources.

Sadly, these stories were discounted out of hand by investigators and the IDF investigation has been closed already saying the stories by the IDF members were based on ‘hearsay’.

So will there ever be justice for the victims of the human rights violations that took place during the Gaza crisis?

Amnesty Int’l has been calling for an independent, impartial international inquiry into human rights violations by all parties involved be undertaken from the beginning and has said that the UN inquiry is insufficient in that it only looks into attacks on UN personnel and facilities.  Other human rights groups are also calling for an independent inquiry and look on the IDF’s eagerness to close the investigation into the IDF members’ stories as questionable:

“the speedy closing of the investigation immediately raises suspicions that [it] was merely the army’s attempt to wipe its hands of all blame for illegal activity…”

UPDATE (April 3, 12:10pm):  The UN Human Rights Council announced today that the former chief prosecutor of two criminal tribunals, Richard J. Goldstone will lead a probe into allegations of war crimes committed during Gaza crisis between December 27th, 2008 and January 18th, 2009 by all parties involved.  This investigation is separate from the UN Board of Inquiry created by the UN Security Council which was formed to look into specific attacks on UN personnel and facilities in Gaza.

Here’s the clip – you have to watch until the end – where Amnesty’s new report on immigrants in detention, Jailed without Justice, is featured by Keith Olbermann on MSNBC:

Hermes 450 unmanned drone used by Israel.

The Guardian website posted three incredible videos March 23rd by Clancy Chassay, Christian Bennett, Sarah Brodbin, Maggie O’Kane and Mustafa Khalili.  The Guardian team conducted their own investigations into some of the charges that Israel committed war crimes during the Gaza offensive.

The first video covers the use of precision weapons, many fired by unmanned drones, to attack civilians.  Amnesty International mentioned these drones in their report ‘Fuelling conflict: Foreign arms supplies to Israel/Gaza’.  The fact that these unmanned drones are used to attack as well as surveillance is a fact usually censored by the IDF on Israeli reporters and foreign reporters based in the region.

The second video deals with allegations by both sides of human shielding.  Amnesty issued a report on how both Israel and armed Palestinian groups, including Hamas, were using military tactics that endangered civilians.  Chassay also mentions the deadly campaign that Hamas undertook during the crisis to injure and kill ‘collaborators’ and political opponents which Amnesty also investigated.

The third video shows footage of attacks on medical personnel while trying to tend to wounded and attacks on hospitals and medical facilities.  Amnesty also covered this issue in the blog, LiveWire and in a report.  [Donatella Rovera, senior researcher for AI on Israel and the Occupied Palestinian Territories, posted blog entries while on the fact finding mission to southern Israel and the Gaza Strip.]