Thursday, November 27, 2014

Israel, U.S. attempting to prevent Geneva Convention summit on Palestinians

Israel and the United States are trying to dissuade the nearly 200 states that are party to the Fourth Geneva Convention from convening a special session in mid-December to address conditions in the West Bank, Gaza Strip and East Jerusalem, Israeli and Western diplomats told Haaretz Wednesday.

Government officials believe that convention sponsor Switzerland has come under strong pressure from the Palestinians and Arab states, and is expected to issue invitations to the conference within days.

In early April, following Israel’s refusal to free the last scheduled group of Palestinian prisoners, and its announcement that it would build 700 homes in East Jerusalem, Palestinian Authority President Mahmoud Abbas decided to sign, in the Palestinian state’s name, on 15 international conventions and ask to join them. One of them was the Fourth Geneva Convention, which deals with protecting the civilian population in fighting areas or occupied territories.

This move brought to a head the crisis that led to the collapse of U.S. efforts to extend the talks between Israel and the Palestinians. A few weeks later the Palestinians and Arab League asked Switzerland officially to call a conference of the convention signatories to discuss the Israeli occupation in the West Bank and East Jerusalem, as well as the damage Israel caused civilians in Gaza.

So far four attempts have been made to convene the Fourth Geneva Convention – all of them in regard to the Israeli-Palestinian conflict. The last attempt was made in 2009 after Operation Cast Lead in the Gaza Strip.

However, after consultations of the Swiss Foreign Ministry at the time, it was decided there wasn’t sufficiently broad international support for holding the conference. In 2001, on the other hand, after the outbreak of the second intifada, such a conference was held. Israel and the United States boycotted it.

Recently Swiss diplomats said their country, as the convention’s sponsor, couldn’t decide by itself on calling the conference again. So Switzerland began consultations with the other signatory states to see if enough of them were interested in holding the conference.

Switzerland distributed to all the signatories a proposal to hold the conference in Geneva in mid-December. The Swiss made it clear they wanted the event to focus on the upholding of international humanitarian law.

The Swiss proposal is for a three-hour conference at an ambassadorial level, with few speeches and no media coverage except for a statement to the press to be released at the end.

“We made it clear we didn’t want a political event or debate club, or a conference that would blame or criticize one of the sides,” a Swiss diplomat said.

Israel objected to the move strongly despite the low profile Switzerland suggested. Senior Israeli diplomats went to Bern and Geneva a few times in a bid to persuade the Swiss Foreign Ministry not to hold the conference, saying Israel would boycott it if it were held.

“They told us that holding the conference would help a one-sided Palestinian move intended to make Israel look bad and attack it in an international forum,” the Swiss diplomat said.

Updated draft refers to settlements

The conference cannot make binding decisions, but could increase international criticism of Israel’s policy in the territories, especially regarding the settlements.

The Israeli fear over the conference increased after Jerusalem received an updated draft of its proposed contents. Unlike previous versions, the updated draft was phrased in a very political way, mentioning Israel by name and referring in detail to issues like the West Bank settlements.

Israeli and Swiss diplomats said the United States, Canada and Australia were helping Israel and exerting pressure on Switzerland and other states to thwart the conference. Israeli diplomats said that despite the fact that the Americans have yet to make a formal decision on the matter, U.S. officials have told Switzerland they would boycott the conference if it is held. Canada has conveyed a similar message to Switzerland.

Speaking with Haaretz on Wednesday, Edgar Vasquez, a spokesman for the U.S. State Department, affirmed the American disapproval. "We strongly oppose the convening of the High Contracting Parties to the Geneva Conventions and have made our opposition unmistakably clear," he said.

Foreign Minister Avigdor Lieberman held telephone conversations in the last few days with colleagues worldwide, asking them to object to the conference and declare they would boycott it if it is held. Also, Israeli ambassadors in several key Western states have been instructed to try to obtain a commitment from those states to boycott the conference.

The Palestinians, meanwhile, along with the group of Arab nations, are pushing for the summit to be held.

But the Israeli efforts look bound to fail. Israeli and Swiss diplomats estimate that the Swiss government will in the coming days announce the holding of the summit.

Western diplomats knowledgeable of the proceedings described the Swiss as determined to move forward despite the significant resistance by nations such as the U.S., Canada, Australia and others.

The Fourth Geneva Convention is one of the four treaties of the Geneva Conventions, adopted in 1949, which deals with the protection of civilian populations residing in areas of armed conflict and in areas under military occupation. The treaty forbids harming any agents uninvolved in the fighting – which includes, in addition to civilians, captured and wounded soldiers.

In regarding to a state of protracted military occupation - such as exists in the West Bank – the treaty decrees that the occupying power must uphold the human rights of the occupied civilian population, and ensure its conditions of living. The treaty also forbids any and all movement of civilian population from within the borders of the occupying power into the areas under military rule – such as the Israeli settlements in the West Bank.

Israel is a party to the convention, but the Knesset has never legislated the treaty into Israeli law. Israel claims the treaty is not applicable to the West Bank or East Jerusalem, for it considers these areas to be "disputed," and not as under occupation. Thus, Israel does not regard the settlements as violations to the treaty.

 

Sunday, November 23, 2014

IDF trainer: 'No need to resuscitate Palestinians'

An IDF medic was surprised to hear two new orders given by his superiors: only Jews are worthy of resuscitation, and that attackers who pose no threat should be shot dead.

New orders in the Israeli army? D., a medic in the infantry, was surprised last week to find out during training for an operation in the occupied territories that at least two orders typically given to soldiers have been refreshed.

“During the refresher course the instructor, who works as a medic on the base, told us that the orders of the IDF are not to give mouth-to-mouth resuscitation to people we do not know. When asked about it he said that it basically means that we do not need to resuscitate Palestinians,” says D., who took part in the course at the Lakhish base in southern Israel. D. has since then left for duty in the West Bank.

“It sounds strange but he repeated it twice, so I have no doubt that that was what he meant. I was very surprised by the order not to resuscitate anyone who needs it. Since then I have come to understand that Magen David Adom (Israel’s national emergency medical, disaster and ambulance service) came up with the order regarding mouth-to-mouth resuscitation several years ago. The emphasis on the Palestinians was probably the instructor “thinking ahead.” I assume that he goes these trainings all the time. That’s worrying.”

Furthermore over the course of the week, D. participated in a refresher on the rules of engagement, where he said he was given permission to kill people who pose no threat. “They told us that the order regarding someone who stabs, ditches the knife and begins running is shoot to kill. The company commander said he doesn’t want anyone like that “to see a judge.”

Did anyone protest or critique these orders?

“The company seemed very bitter over the rules of engagement. The company commander almost apologized every time he forbade. So when he finally gave us permission to shoot an unarmed terrorist, most of the company was okay with that.”

It was only two weeks ago that Public Security Minister Yitzhak Aharonovich gave a similar order to Israeli Police in the wake of the vehicular attack in Sheikh Jarrah. Two days later police shot Kheir Hamdan to death in Kafr Kanna.

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A policy such as this would be in contravention of International Humanitarian Law and Geneva Conventions.

The International Committee of the Red Cross states; Without renewed commitment from governments to address growing social inequities and other sources of instability in the region, any quest for peace and prosperity will remain elusive. As a neutral and independent humanitarian organisation, the ICRC can only remind the parties to these conflicts that without respecting the basic tenets of international humanitarian law (IHL) in these testing times, it is most unlikely that the various communities will find their way toward reconciliation or be prepared to share the burden of a just peace after decades of conflict. Considering that the customary core of that law is older than the state- based system itself, the specific nature and extraordinary significance of IHL in today’s armed conflicts provide a legitimacy beyond the current international system. Far from being outdated, humanitarian law is very much a contemporary and future-oriented body of law. Turning specifically to the situation in Israel and the Occupied Palestinian Territory, the particular challenges facing humanitarian action there cannot be tackled without an honest look at certain Israeli policies that have become key features of the occupation. Israel has exercised ‘actual authority’ 1 over the West Bank and the Gaza Strip for almost half a century, making its presence in these areas one of the longest sustained military occupations in modern history. While the shape and degree of this military occupation have varied, Israel has continuously maintained effective control over the territories it occupied as a result of the Six Day War in 1967, and over the Palestinian population living there. The constant pressure that Israeli occupation has imposed on the Palestinian population has had a profound impact on both the Palestinian and theIsraeli economies, cultures, andsocieties.Beyondtherecurringexcessesof armed violence, the ensuing grief among the people affected, and the trauma among the broader community, the lack of progress on issues of major humanitarian concern further illustrates the inability of a generation of decision-makers to find constructive ways to bring concrete improvements to the lives of millions of Palestinians. See: Challenges to international humanitarian law: Israel’s occupation policy Download PDF

 

Saturday, November 22, 2014

Wrong Priorities in Ferguson and Beyond: We Must Invest in Communities, Not Violence

In the lead-up to the grand jury outcome in the Michael Brown murder the St. Louis and Ferguson-area police have ramped up their preparation with stockpiles of more weapons and rhetoric that contributes to the public frenzy.

Demonstrators outside Ferguson
Police Department 11/19/14

While I understand the need for security, does the narrow-minded focus on military and weapons actually make us more secure? Human security and peace economists understand that increased weaponization makes us more insecure.

Researchers for some time now have been able to understand how freedom from violence and the threat of violence, community-based economic development, authentic democratic processes and transparency increase human security. Violence and security have often been linked; human security research suggests they are mutually exclusive. Choosing violence to attain security precludes that very security for anyone who critiques violence, as thousands have learned in Ferguson. Clanging claims that we live in a great democracy that protects everyone’s rights sound awfully hollow to an unarmed protestor who has just been injured and arrested by a jack-up cop strapped with an official lethal sidearm and a legal system that affords him every benefit of every doubt.

Democracy is not just a system of voting but an approach to governing that recognizes obstacles to participation and development and listens, trying to hear what communities need. It is not ever envisioned as a system where the majority can vote itself immunity and vote the minority vulnerable to brutality committed by agents of the state. That sort of system is a false democracy. We want a real one.

Communities don’t want handouts—people want to work to determine their own futures. But many young people question the very concept of future. In the immediate aftermath of the murder of unarmed Michael Brown last August, St. Louis City police gunned down another African American youth, Kejeme Powell across the street from my parents’ home. He had a little knife and was simply depressed and told the police, “Shoot me.” They were exceedingly unprofessional and lacking even a whit of compassion as they did just that—at least six shots each. Where is the hope?

The current state of affairs concerning the outcome of the grand jury is extremely disconcerting, contributing to an increased sense of insecurity. Governor Nixon needs to appoint an independent prosecutor to avoid the perception of injustice. A real involvement of the community in plans for any grand jury outcome as hands up united suggested, or focusing on all of the positive efforts the community in Ferguson and Beyond are doing to teach nonviolence would be actions that ease the air of panic of the entire region.

People of color in the US, in general, don’t trust the legal system to bring justice. Fixing that might seem like a daunting task, but democratic theorists point out that even the smallest communities must have their needs addressed if we as a society are to maintain the promise of democracy.

The lack of real understanding of the protestors, beyond the sense that they are a nuisance, is part of the continuing failure of local and national officials. Their response continues to point out the deep racial divide and necessity of deep conversation and action. For instance, there was a demonstrationfor second amendment rights in downtown St. Louis in October where demonstrators carried guns openly. Some had three or four weapons including automatic assault weapons. This gathering of an all white crowd was not met with riot gear, but only a few police with luminescent vests. In San Franciso, exuberant Giants fans set fires broke windows and destroyed property. While police arrested some- where was the rethoric around violent whites or even the call for the national guard? Fans were excited, expressing joy, although a bit much, but Whites are allowed to be angry, express emotions. But don’t protestors, who are rightly angered over police killings of Blacks, have the same humanity to express their frustration?

I reiterate the need for dialogue, for listening to people’s truth so they can move forward. This is not just desirable, but actually required for reconciliation. If that is not what our society is about, then there needs to be a conversation about who we really are as Americans. But as it stands, the assertion by our elected leadership is that this is a democratic nation concerned with all of its citizens. My message to government officials is that all of the preparation for the violence following the grand jury; the cost of increased overtime for police, money spent on weapons and security with the threat of violence does not provide authentic security, but instead exacerbates the root causes of the protests- the inattention to the dignity of already marginalized. Governor Nixon, you and Ferguson area officials are bracing for a storm you helped to create. More

 

Wrong Priorities in Ferguson and Beyond: We Must Invest in Communities, Not Violence

In the lead-up to the grand jury outcome in the Michael Brown murder the St. Louis and Ferguson-area police have ramped up their preparation with stockpiles of more weapons and rhetoric that contributes to the public frenzy.

Demonstrators outside Ferguson Police Department 11/19/14.

While I understand the need for security, does the narrow-minded focus on military and weapons actually make us more secure? Human security and peace economists understand that increased weaponization makes us more insecure.

Researchers for some time now have been able to understand how freedom from violence and the threat of violence, community-based economic development, authentic democratic processes and transparency increase human security. Violence and security have often been linked; human security research suggests they are mutually exclusive. Choosing violence to attain security precludes that very security for anyone who critiques violence, as thousands have learned in Ferguson. Clanging claims that we live in a great democracy that protects everyone’s rights sound awfully hollow to an unarmed protestor who has just been injured and arrested by a jack-up cop strapped with an official lethal sidearm and a legal system that affords him every benefit of every doubt.

Democracy is not just a system of voting but an approach to governing that recognizes obstacles to participation and development and listens, trying to hear what communities need. It is not ever envisioned as a system where the majority can vote itself immunity and vote the minority vulnerable to brutality committed by agents of the state. That sort of system is a false democracy. We want a real one.

Communities don’t want handouts—people want to work to determine their own futures. But many young people question the very concept of future. In the immediate aftermath of the murder of unarmed Michael Brown last August, St. Louis City police gunned down another African American youth, Kejeme Powell across the street from my parents’ home. He had a little knife and was simply depressed and told the police, “Shoot me.” They were exceedingly unprofessional and lacking even a whit of compassion as they did just that—at least six shots each. Where is the hope?

The current state of affairs concerning the outcome of the grand jury is extremely disconcerting, contributing to an increased sense of insecurity. Governor Nixon needs to appoint an independent prosecutor to avoid the perception of injustice. A real involvement of the community in plans for any grand jury outcome as hands up united suggested, or focusing on all of the positive efforts the community in Ferguson and Beyond are doing to teach nonviolence would be actions that ease the air of panic of the entire region.

People of color in the US, in general, don’t trust the legal system to bring justice. Fixing that might seem like a daunting task, but democratic theorists point out that even the smallest communities must have their needs addressed if we as a society are to maintain the promise of democracy.

The lack of real understanding of the protestors, beyond the sense that they are a nuisance, is part of the continuing failure of local and national officials. Their response continues to point out the deep racial divide and necessity of deep conversation and action. For instance, there was a demonstrationfor second amendment rights in downtown St. Louis in October where demonstrators carried guns openly. Some had three or four weapons including automatic assault weapons. This gathering of an all white crowd was not met with riot gear, but only a few police with luminescent vests. In San Franciso, exuberant Giants fans set fires broke windows and destroyed property. While police arrested some- where was the rethoric around violent whites or even the call for the national guard? Fans were excited, expressing joy, although a bit much, but Whites are allowed to be angry, express emotions. But don’t protestors, who are rightly angered over police killings of Blacks, have the same humanity to express their frustration?

I reiterate the need for dialogue, for listening to people’s truth so they can move forward. This is not just desirable, but actually required for reconciliation. If that is not what our society is about, then there needs to be a conversation about who we really are as Americans. But as it stands, the assertion by our elected leadership is that this is a democratic nation concerned with all of its citizens. My message to government officials is that all of the preparation for the violence following the grand jury; the cost of increased overtime for police, money spent on weapons and security with the threat of violence does not provide authentic security, but instead exacerbates the root causes of the protests- the inattention to the dignity of already marginalized. Governor Nixon, you and Ferguson area officials are bracing for a storm you helped to create. More

 

Wednesday, November 19, 2014

Duty to Refuse': Top Medical Groups Back Nurse Who Said 'No' to Force-Feeding Guantanamo Hunger Strikers

Force-feeding a competent person is not the practice of medicine; it is aggravated assault.'

Leading medical groups are speaking out in support of a U.S. Navy nurse who refused on ethical grounds to force-feed hunger strikers held captive at Guantanamo Bay.

The American Nurses Association announced Wednesday that they have penned letters to U.S. government and military officials strongly urging against any punishment or retaliation for the act of refusal, which occurred in July. The military is planning to try the unidentified nurse, who is an officer, before a Board of Inquiry, which could result in a dishonorable discharge that strips him of his veterans benefits.

"The ANA Code of Ethics for Nurses clearly supports the ethical right of a professional nurse to make an independent judgment about whether he or she should participate in this or any other such activity," reads an October 17 letter (pdf) to Secretary of Defense Chuck Hagel from Pamela Cipriano, ANA president. "The military setting does not change the nurse’s ethical commitments or standards."

Doctor Vincent Iacopino, senior medical adviser for Physicians for Human Rights, told Common Dreams that his organization strongly supports the nurse's refusal to take part in the force-feeding of competent adults, which is banned by the World Medical Association and the American Medical Association and has been condemned by the office of the United Nations high commissioner for human rights as torture and a violation of international law.

"Force feedings are being done without informed consent, against people's wishes," said Iacopino. "We have codes of conduct that prohibit us from conducting therapeutic interventions or diagnostic procedures that people do not consent to."

"The government is claiming it is doing this to save people's lives," Iacopino continued. "The reality is that people are on hunger strike, protesting something: indefinite detention, often without charges. Any health professional under those circumstances has a duty to refuse. This is ill treatment with no respect for autonomy."

This is not the first time medical professionals have called for non-participation in the Guantanamo Bay force-feedings.

In op-ed published in the New England Journal of Medicine in July, a time of doctors writes, "Force-feeding a competent person is not the practice of medicine; it is aggravated assault. Using a physician to assault prisoners no more changes the nature of the act than using physicians to 'monitor' torture makes torture a medical procedure. Military physicians are no more entitled to betray medical ethics than military lawyers are to betray the Constitution or military chaplains are to betray their religion."

Furthermore, the American Medical Association also penned a letter to Hagel in April declaring, "Every competent patient has the right to refuse medical intervention, including life-sustaining interventions."

The nurse's act of refusal was originally revealed by Abu Wa'el Dhiab, a Syrian man and father of four who currently held in Guantanamo Bay despite being cleared for release since 2009. Dhiab told his lawyers at Reprieve that he heard the nurse, described as an approximately 40 year-old Latino man, state, "I have come to the decision that I refuse to participate in this criminal act."

"Before we came here, we were told a different story," the nurse reportedly added. "The story we were told was completely the opposite of what I saw."

The U.S. military has been broadly criticized for its treatment of hunger strikers. In response, the U.S. has imposed secrecy on its procedures and practices, including a media blackout on the number of people participating in the protest.

One hundred forty eight men remain incarcerated at Guantanamo Bay without charges or fair trial. More

This work is licensed under a Creative Commons Attribution-Share Alike 3.0 License

If this brave and honourable nurse is going to be tried, then so should President Obama and the Joint Chief of Staff. Editor

 

Thursday, November 13, 2014

Why is a Colorado firm selling apartments in Israel’s illegal settlements?

The Colorado-based real estate firm RE/MAX is profiting from Israel’s relentless theft of Palestinian land.

Palestinians protesting Illegal settlements

Active in the Israeli market since 1995, RE/MAX sells and rents houses and apartments in colonies reserved exclusively for Jews in the occupied West Bank, including East Jerusalem. Much of that work is coordinated in an office that the Israeli subsidiary of RE/MAX runs in Maale Adumim, a major settlement in the West Bank.

A United Nations report published last year suggested that the firm’s parent company in the US could be “held accountable” for assisting Israel’s crimes. RE/MAX International, which is headquartered in Denver, “has constant interaction and influence” over its franchises around the world. The company also provides “brand name affiliation,” training and other services, according to Richard Falk, the report’s author, who was then the UN special rapporteur for the West Bank and Gaza.

“Closet space” for settlers

On its website, RE/MAX offers properties in a number of settlement colonies in East Jerusalem, which has been under Israeli occupation since 1967. A four-room apartment with “lots of closet space” can be rented for 4,400 shekels ($1,100) per month. Among the apartment’s attractions listed by RE/MAX are proximity to the light rail system which links Israeli settlements in East Jerusalem to the city center.

Screen grab from RE/MAX Israel’s website

Such settlements violate the Fourth Geneva Convention, which forbids an occupying power from transfering its civilian population into a territory that it occupies.

Proespective settlers with a larger budget were recently offered what RE/MAX describes as “a beautiful old Arab house” in the Abu Tor neighborhood for 7 million shekels ($1.8 million).

Posing as a prospective buyer, an Electronic Intifada reporter phoned Orly Raz, a RE/MAX agent for East Jerusalem. Raz said that “we have just sold everything” that the firm was handling in Abu Tor.

Claiming that he would be moving to Jerusalem in early 2015, the reporter enquired if there would be any legal difficulties in buying a house or an apartment that previously belonged to Palestinians. “You don’t have to worry about these things,” Raz replied. “All our properties legally belong to Jewish owners. They didn’t take them from anyone.”

“Of course, if you are worried about the ‘67 border line, this is not a good area to buy property,” she added.

“Check very carefully”

Raz then asked: “Are you Jewish?” When the reporter responded that he was not, she said: “You have to check the properties — if their owners say they can sell an apartment to non-Jewish people.” She added, however, that such conditions are not mentioned on the firm’s website.

When the reporter feigned surprise that a real estate firm might discriminate based on religion or ethnicity, Raz said: “I’m just saying this is an issue to check very carefully.”

Ateret Cohanim, a Zionist organization, has been known to buy Palestinian homes in Abu Tor, so that they can be passed on to Israeli settlers.

Abu Tor has also witnessed considerable brutality by Israeli forces against its Palestinian residents lately. In late October, Israeli police officers broke into a house of a Palestinian living in Abu Tor, shooting him dead.

And in the first week of November, two Palestinian buildings were demolished in Abu Tor at the instruction of the Israeli authorities.

RE/MAX has enjoyed fawning coverage in the Israeli press. In 2004, the newspaper Haaretz published a profile of Bernard Raskin, the chief executive of RE/MAX Israel. Zimbabwean-born Raskin claimed that his firm had become a leading player in the Israeli property market because its competitors had “no professionalism.”

During a 2013 real estate conference in South Africa, Raskin noted that the Israeli economy has not suffered as severely as many others during the recession of recent years. One problem he identified was that “there is generally a shortage of stock.”

He added, however, that “more and more building is taking place outside of Tel Aviv, where property is expensive.”

Money from crime

The Israeli authorities have ensured that RE/MAX will have new business, thanks to the ongoing expansion of Jewish-only settlements in East Jerusalem and the wider West Bank. Earlier this month, the Israeli-controlled Jerusalem municipality announced that it had rubber-stamped the construction of new housing units in Ramot, a settlement in East Jerusalem. RE/MAX is already active in Ramot.

Although the US government says it is opposed to the construction of Israeli settlements, it has refused to impose sanctions on Israel. Because of that refusal, RE/MAX can continue turning violations of international law into a money-making opportunity.

The Colorado headquarters of RE/MAX International did not respond to requests for comment.

While the company’s Israeli operations may have some autonomy, RE/MAX International cannot claim that these matters have nothing to do with it. As the UN made clear in its aforementioned 2013 report, RE/MAX wields considerable influence over its franchises around the world.

The Palestinian-led boycott, divestment and sanctions movement has succeeded in putting the spotlight on how corporations like Veolia and G4S aid the Israeli occupation. Given that RE/MAX is so directly involved in the settlements that are central to that occupation, there is a strong case for putting the firm under the same kind of pressure. More