Tagarchief: imperialism

Voice from the Past!/Letter to the Editor, sent and published by Pravda/”The verdict of the Israeli High Court regarding the Wall”

LETTER TO THE EDITOR, SENT TO AND PUBLISHED BY THE PRAVDA/THE VERDICT OF ISRAELI HIGH COURT REGARDING THE WALL6 JULY 2004

The Israeli separation barrier divides East Jerusalem and the Palestinian West Bank town of Qalandia. [File: Thomas Coex/AFP]

The Israeli separation barrier divides East Jerusalem and the Palestinian West Bank town of Qalandia. [File: Thomas Coex/AFP]
https://www.aljazeera.com/gallery/2020/7/8/in-pictures-israels-illegal-separation-wall-still-divides

INTRODUCTION
READERSIsn’t it interesting, when roaming the Internet, to find an old article ofyourself, that you almost forgot!It goes about a Letter to the Editor I wrote in the past [2004] to the webzine”The Pravda” and that they apparently published.Not only is that interesting, but more interesting is the fact, that I wrote about averdict of the Israeli High Court about the building of the Israeli Apartheid Wall [1]You all know, of course, the more known verdict of the International Court ofJustice, declaring the Wall illegal for once and for all [2] but few people[I almost forgot!] will remember, that the Israeli High Court gave also its opinion,in fact supporting the building of the Wall, except for some minor point of criticism [3]And here it is, this voice of the past from Astrid Essed, protesting against theverdict of the Israeli High Court!See directly below
And see for the notes, under my almost forgotten Letter to the Editor!
ENJOY IT!
ASTRID ESSED

ASTRID ESSED: THE VERDICT OF ISRAELI HIGH COURT REGARDING THE WALL6 JULY 2004

Astrid Essed: The verdict of Israeli high court regarding the Wall
Читайте больше на https://english.pravda.ru/opinion/6077-israel/

https://english.pravda.ru/opinion/6077-israel/

Dear Editor,

The recent verdict of the Israeli High Court, which states that the building of the Israeli Wall at the West Bank must be adjusted with 30 kilometers because of the violations of human rights is not only a partial fullfilling of the humanitarian needs of the Palestinian population, but is also in contarily with International Law.

In the first place the motivation for the verdict is being based on the fact that because of the building of the Wall the inhabitants of the Beit Surik community had no entrance to their agricultural grounds and schools, but in the named verdict the Court doesn’t refer to the other Palestinian inhabitants of the West Bank [85.000 people], who are likewise excluded from their agricultural grounds.

In the second place the Israeli building of the Wall is as such a violation of International Law, because it cuts deeply in the occupied Palestinian areas which is a violation of UN Security Council Resolution 242 dd 1967 by which Israel was summoned  to withdraw from the in the june-war occupied Palestinian areas.

Further the building of the Wall is being made possible by hugh Palestinian landownings which is yet apart from the flagrant injustice a violation of International Law [the 4th Geneva Convention] which forbids land and house-ownings of ”protected people” [people who are living under an occupation] It is therefore highly recommendable, that the Israeli High Court adjusts its vedict according to the principles of International Law.


Astrid Essed
Amsterdam, The Netherlands

Читайте больше на https://english.pravda.ru/opinion/6077-israel/

NOTES, AT ”INTRODUCTION”

[1]
WIKIPEDIAISRAELI WEST BANK BARRIER
https://en.wikipedia.org/wiki/Israeli_West_Bank_barrier

Annexation

”While Israel is heading for de jure annexation, the Wall is an important tool of Israel’s illegal and ongoing de facto annexation. The Wall’s path and its associated regime are planned to de facto annex some 46% of the West Bank, isolating communities into Bantustans, ghettos and “military zones.” 
STOP THE WALL.ORG
https://stopthewall.org/the-wall/

[2]

”In December 2003, Resolution ES-10/14 was adopted by the United Nations General Assembly in an emergency special session.[111] 90 states voted for, 8 against, 74 abstained.[111] The resolution included a request to the International Court of Justice to urgently render an advisory opinion on the following question.[111]

“What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions?”[111]

The court concluded that the barrier violated international law”

WIKIPEDIA

ISRAELI WEST BANK BARRIER/OPINIONS OF THE BARRIER

https://en.wikipedia.org/wiki/Israeli_West_Bank_barrier#Opinions_of_the_barrier

ORIGINAL SOURCE

WIKIPEDIA

ISRAELI WEST BANK BARRIER

https://en.wikipedia.org/wiki/Israeli_West_Bank_barrier

INTERNATIONAL CRIMINAL COURTLEGAL CONSEQUENCES OF THE INSTRUCTION OF A WALL INTHE OCCUPIED PALESTINIAN TERRITORYOVERVIEW OF THE CASE
https://www.icj-cij.org/en/case/131

OVERVIEW OF THE CASE

By resolution ES-10/14, adopted on 8 December 2003 at its Tenth Emergency Special Session, the General Assembly decided to request the Court for an advisory opinion on the following question :

“What are the legal consequences arising from the construction of the wall being built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and around East Jerusalem, as described in the Report of the Secretary-General, considering the rules and principles of international law, including the Fourth Geneva Convention of 1949, and relevant Security Council and General Assembly resolutions ?”

The resolution requested the Court to render its opinion “urgently”. The Court decided that all States entitled to appear before it, as well as Palestine, the United Nations and subsequently, at their request, the League of Arab States and the Organization of the Islamic Conference, were likely to be able to furnish information on the question in accordance with Article 66, paragraphs 2 and 3, of the Statute. Written statements were submitted by 45 States and four international organizations, including the European Union. At the oral proceedings, which were held from 23 to 25 February 2004, 12 States, Palestine and two international organizations made oral submissions. The Court rendered its Advisory Opinion on 9 July 2004.

The Court began by finding that the General Assembly, which had requested the advisory opinion, was authorized to do so under Article 96, paragraph 1, of the Charter. It further found that the question asked of it fell within the competence of the General Assembly pursuant to Articles 10, paragraph 2, and 11 of the Charter. Moreover, in requesting an opinion of the Court, the General Assembly had not exceeded its competence, as qualified by Article 12, paragraph 1, of the Charter, which provides that while the Security Council is exercising its functions in respect of any dispute or situation the Assembly must not make any recommendation with regard thereto unless the Security Council so requests. The Court further observed that the General Assembly had adopted resolution ES-10/14 during its Tenth Emergency Special Session, convened pursuant to resolution 377 A (V), whereby, in the event that the Security Council has failed to exercise its primary responsibility for the maintenance of international peace and security, the General Assembly may consider the matter immediately with a view to making recommendations to Member States. Rejecting a number of procedural objections, the Court found that the conditions laid down by that resolution had been met when the Tenth Emergency Special Session was convened, and in particular when the General Assembly decided to request the opinion, as the Security Council had at that time been unable to adopt a resolution concerning the construction of the wall as a result of the negative vote of a permanent member. Lastly, the Court rejected the argument that an opinion could not be given in the present case on the ground that the question posed was not a legal one, or that it was of an abstract or political nature.

Having established its jurisdiction, the Court then considered the propriety of giving the requested opinion. It recalled that lack of consent by a State to its contentious jurisdiction had no bearing on its advisory jurisdiction, and that the giving of an opinion in the present case would not have the effect of circumventing the principle of consent to judicial settlement, since the subject-matter of the request was located in a much broader frame of reference than that of the bilateral dispute between Israel and Palestine, and was of direct concern to the United Nations. Nor did the Court accept the contention that it should decline to give the advisory opinion requested because its opinion could impede a political, negotiated settlement to the Israeli-Palestinian conflict. It further found that it had before it sufficient information and evidence to enable it to give its opinion, and empha- sized that it was for the General Assembly to assess the opinion’s usefulness. The Court accordingly concluded that there was no compelling reason precluding it from giving the requested opinion.

Turning to the question of the legality under international law of the construction of the wall by Israel in the Occupied Palestinian Territory, the Court first determined the rules and principles of international law relevant to the question posed by the General Assembly. After recalling the customary principles laid down in Article 2, paragraph 4, of the United Nations Charter and in General Assembly resolution 2625 (XXV), which prohibit the threat or use of force and emphasize the illegality of any territorial acquisition by such means, the Court further cited the principle of self-determination of peoples, as enshrined in the Charter and reaffirmed by resolution 2625 (XXV). In relation to international humanitarian law, the Court then referred to the provisions of the Hague Regulations of 1907, which it found to have become part of customary law, as well as to the Fourth Geneva Convention of 1949, holding that these were applicable in those Palestinian territories which, before the armed conflict of 1967, lay to the east of the 1949 Armistice demarcation line (or “Green Line”) and were occupied by Israel during that conflict. The Court further established that certain human rights instruments (International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, United Nations Convention on the Rights of the Child) were applicable in the Occupied Palestinian Territory.

The Court then sought to ascertain whether the construction of the wall had violated the above-mentioned rules and principles. Noting that the route of the wall encompassed some 80 per cent of the settlers living in the Occupied Palestinian Territory, the Court, citing statements by the Security Council in that regard in relation to the Fourth Geneva Convention, recalled that those settlements had been established in breach of international law. After considering certain fears expressed to it that the route of the wall would prejudge the future frontier between Israel and Palestine, the Court observed that the construction of the wall and its associated régime created a “fait accompli” on the ground that could well become permanent, and hence tantamount to a de facto annexation. Noting further that the route chosen for the wall gave expression in loco to the illegal measures taken by Israel with regard to Jerusalem and the settlements and entailed further alterations to the demographic composition of the Occupied Palestinian Territory, the Court concluded that the construction of the wall, along with measures taken previously, severely impeded the exercise by the Palestinian people of its right to self-determination and was thus a breach of Israel’s obligation to respect that right.

The Court then went on to consider the impact of the construction of the wall on the daily life of the inhabitants of the Occupied Palestinian Territory, finding that the construction of the wall and its associated régime were contrary to the relevant provisions of the Hague Regulations of 1907 and of the Fourth Geneva Convention and that they impeded the liberty of movement of the inhabitants of the territory as guaranteed by the International Covenant on Civil and Political Rights, as well as their exercise of the right to work, to health, to education and to an adequate standard of living as proclaimed in the International Covenant on Economic, Social and Cultural Rights and in the Convention on the Rights of the Child. The Court further found that, coupled with the establishment of settlements, the construction of the wall and its associated régime were tending to alter the demographic composition of the Occupied Palestinian Territory, thereby contravening the Fourth Geneva Convention and the relevant Security Council resolutions. The Court then considered the qualifying clauses or provisions for derogation contained in certain humanitarian law and human rights instruments, which might be invoked inter alia where military exigencies or the needs of national security or public order so required. The Court found that such clauses were not applicable in the present case, stating that it was not convinced that the specific course Israel had chosen for the wall was necessary to attain its security objectives, and that accordingly the construction of the wall constituted a breach by Israel of certain of its obligations under humanitarian and human rights law. Lastly, the Court concluded that Israel could not rely on a right of self-defence or on a state of necessity in order to preclude the wrongfulness of the construction of the wall, and that such construction and its associated régime were accordingly contrary to international law.

The Court went on to consider the consequences of these violations, recalling Israel’s obligation to respect the right of the Palestinian people to self-determination and its obligations under humanitarian and human rights law. The Court stated that Israel must put an immediate end to the violation of its international obligations by ceasing the works of construction of the wall and dismantling those parts of that structure situated within Occupied Palestinian Territory and repealing or rendering ineffective all legislative and regulatory acts adopted with a view to construction of the wall and establishment of its associated régime. The Court further made it clear that Israel must make reparation for all damage suffered by all natural or legal persons affected by the wall’s construction. As regards the legal consequences for other States, the Court held that all States were under an obligation not to recognize the illegal situation resulting from the construction of the wall and not to render aid or assistance in maintaining the situation created by such construction. It further stated that it was for all States, while respecting the United Nations Charter and international law, to see to it that any impediment, resulting from the construction of the wall, to the exercise by the Palestinian people of its right to self-determination be brought to an end. In addition, the Court pointed out that all States parties to the Fourth Geneva Convention were under an obligation, while respecting the Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention. Finally, in regard to the United Nations, and especially the General Assembly and the Security Council, the Court indicated that they should consider what further action was required to bring to an end the illegal situation in question, taking due account of the present Advisory Opinion.

The Court concluded by observing that the construction of the wall must be placed in a more general context, noting the obligation on Israel and Palestine to comply with international humanitarian law, as well as the need for implementation in good faith of all relevant Security Council resolutions, and drawing the attention of the General Assembly to the need for efforts to be encouraged with a view to achieving a negotiated solution to the outstanding problems on the basis of international law and the establishment of a Palestinian State.[3]

”Of course this is not to say that that the Israeli ruling is a good one. For example, like many Israeli rulings there are political points that are treated as legal ones, such as the false characterization of all Palestinian resistance as “terrorism” [8]. Further the HCJ does justify the Wall in principle though the projected segments reviewed were deemed to be illegal because of the humanitarian impact of the suggested route [9]”
ELECTRONIC INTIFADATHE ISRAELI HIGH COURT OF JUSTICE AND THE APARTHEID WALL15 JULY 2004
https://electronicintifada.net/content/israeli-high-court-justice-and-apartheid-wall/5156

With the recent International Court of Justice (ICJ) Advisory Opinion regarding the consequences of the Apartheid Wall, the legality of this enterprise has been much discussed in almost all circles related to the Israeli/Palestinian conflict. On the Zionist side, aside from the usual canard about the “anti-Semitism” of the United Nations and the like, many commentaries have pointed to the recent Israeli High Court of Justice (HCJ) ruling about the wall and declared, in so many words, that this is the only legal ruling that matters. For example, in the recent diatribe against the ICJ by Alan Dershowitz [1] he writes: “The Israeli government has both a legal and a moral obligation to comply with the Israeli Supreme Court’s decision regarding the security fence.”

The interesting thing about this is that if one actually reads the HCJ decision [2], it in fact makes a very strong case against the Wall in general though its ruling only regarded only one small 40 km stretch of the Wall. Unlike the ICJ Opinion which was, as per its mandate, primarily focused on existing international treaties and conventions and Israel’s obligations stemming from them; the HCJ decision was based more on general legal principle.

The Israeli case – Beit Sourik Village Council v. The Government of Israel, Commander of the IDF Forces in the West Bank – was a petition against eight separate land confiscation orders for the building of the Wall. The net result was that seven of these eight confiscation orders were deemed illegal and the one that was upheld was only upheld because the petitioners didn’t really argue against it [4].

Key point that resulted in the declaration that these confiscation orders were illegal was the principle of “proportionality” that was very succinctly defined in the ruling itself. [5] The actual factors taken into account were essentially the same that served as the basis of the ICJ Advisory Opinion, specifically the human impact that the Wall had on the resident Palestinian population [6]. The question and standard, treated as the third element of proportionality, deserves to be recalled in full (citations removed):

“The third subtest examines whether the injury caused to the local inhabitants by the construction of the separation fence stands in proper proportion to the security benefit from the the [sic] security fence in its chosen route. This is the proportionate means test (or proportionality “in the narrow sense”). Concerning this topic, Professor Y. Zamir wrote:

“The third element is proportionality itself. According to this element, it is insufficient that the administrative authority chose the proper and most moderate means for achieving the objective; it must also weigh the benefit reaped by the public against the damage that will be caused to the citizen by this means under the circumstances of the case at hand. It must ask itself if, under these circumstances, there is a proper proportion between the benefit to the public and the damage to the citizen. The proportion between the benefit and the damage – and it is also possible to say the proportion between means and objective – must be proportionate.

“This subtest weighs the costs against the benefits. According to this subtest, a decision of an administrative authority must reach a reasonable balance between communal needs and the damage done to the individual. The objective of the examination is to determine whether the severity of the damage to the individual and the reasons brought to justify it stand in proper proportion to each other. This judgment is made against the background of the general normative structure of the legal system, which recognizes human rights and the necessity of ensuring the provision of the needs and welfare of the local inhabitants, and which preserves “family honour and rights” (Regulation 46 of the Hague Regulations). All these are protected in the framework of the humanitarian provisions of the Hague Regulations and the Geneva Convention. The question before us is: does the severity of the injury to local inhabitants, by the construction of the separation fence along the route determine d by the military commander, stand in reasonable (proper) proportion to the security benefit from the construction of the fence along that route?” [7]

It was on this basis that the HCJ ruled seven of the eight confiscation orders under review to be illegal. Were this same principle to be applied to most of the Wall as it exists today, especially in cases like that of the Qalqilya ghetto, it is pretty reasonable to assume that most, if not all, the Wall would be deemed illegal. Better yet, the proportionality argument is generally accepted in all modern legal systems, unlike the more specific treaty/convention law that the ICJ was forced to focus on.

Of course this is not to say that that the Israeli ruling is a good one. For example, like many Israeli rulings there are political points that are treated as legal ones, such as the false characterization of all Palestinian resistance as “terrorism” [8]. Further the HCJ does justify the Wall in principle though the projected segments reviewed were deemed to be illegal because of the humanitarian impact of the suggested route [9].

Further, citing the usual excuse used by the HCJ in regard to IDF decisions, it seeks merely to review military actions for their illegality, not to actually impose its judgment on the IDF [10]. This is, along with the IDF option of utilizing the Emergency Regulations, one of the methods allowed to the IDF to freely disregard the High Court of Justice when so inclined. As was the case in the famous court ruling against torture, that in fact merely amounted to a slight change in the phrasing of the IDF terminology, i.e. “ticking bomb” justification, the court’s ruling can be safely ignored if the government chooses – for whatever reason – not to enforce it. This is one of the luxuries of being a non-constitutional state; the political executive is under no actual obligation to enforce any law or legal ruling. In the ruling itself, the IDF freely concedes that should some portion of the fence that is already constructed be deemed illegal, they will pay compensation, but there is no mention – much less compulsion – to reverse illegal sections or the Wall or to in fact stop committing the construction even if deemed illegal. [11]

Nevertheless, in order to portray itself as being a state that respects the rule of law, High Court of Justice rulings are usually afforded at least some general consideration. Thus the HCJ ruling in Beit Sourik Village Council v. The Government of Israel, Commander of the IDF Forces in the West Bank, is in fact a rather grave embarrassment since the projected Wall cannot be constructed in the Occupied Palestinian Territories at all without inflicting the same disproportionate – and hence illegal – circumstances on other local Palestinians. So how do they intend to reconcile this ruling with the Wall?

The Jerusalem Post provided the answer to this question on July 14: “A petition against the appropriation of land for construction of the security fence near the Kissufim road in the Gaza Strip was turned down Tuesday by the High Court of Justice. The petition was submitted by Palestinian residents of the al-Karara village in the Gaza Strip. According to IBA news, the ruling also cancels a freeze order on construction in the area.” [12] Since the HCJ ruling only related to one small segment of the Wall, and the determination has already been made, the HCJ can now simply refuse to accept further petitions, based on the argument that the IDF should be assumed to be taking the same proportionality concerns into account in other areas. That is, in so many words, it seems unlikely that there will be an option of legal appeal to any other segments of the Wall, based on the assumption that the IDF will act in “good faith” taking the previous ruling into consideration. Thus, yet agai n, we have another High Court of Justice ruling that can be safely ignored.

Make no mistake about it, the Israeli High Court of Justice is no friend to Palestinians living in the Occupied Palestinian Territories. Nevertheless, when Zionists and others choose to counter the ICJ Advisory Opinion citing the HCJ ruling, one can – in all honesty – point out that if the HCJ ruling was in fact applied to the entire Wall, most of it would be illegal even under Israeli law. Of course this won’t happen, and even if it did the IDF is under no obligation to comply anyway, nevertheless, for the scoundrels out to justify the legality of the Wall, the High Court of Justice ruling is certainly no help.
END OF THE ARTICLE

END OF THE NOTES

Reacties uitgeschakeld voor Voice from the Past!/Letter to the Editor, sent and published by Pravda/”The verdict of the Israeli High Court regarding the Wall”

Opgeslagen onder Divers

A Chronicle of Israeli prison brutality in Ketzion prison/Letter to the members of the Dutch parliament

A CHRONICLE OF ISRAELI PRISON BRUTALITY IN KETZION PRISON/LETTER TO THE MEMBERS OF THE DUTCH PARLIAMENT

Screenshot from video about prison brutality in Ketzion prison, revealed by Haaretz

https://www.haaretz.co.il/news/politics/.premium-MAGAZINE-1.9890422?utm_source=App_Share&utm_medium=Android_Native&utm_campaign=Share

HEBREW EDITION OF THE HAARETZ WITH PICTURES OF THE MISTREATMENT

YOUTUBE FILM ABOUT THE MISTREATMENT


Dear Readers
Underlying letter I wrote recently to the members of the Dutch parliament about thestructural mistreatment of Palestinian prisoners in Israeli prisons.Here a ghastly example of prisoner mistreatment, revealed by the Israeli newpaperthe Haaretz
https://www.youtube.com/watch?v=2Cq5UjR_NB0

SEE THE HEBREW EDITION OF THE HAARETZ, WHERE THE PICTURES HAVE BEEN PUBLICIZED
https://www.haaretz.co.il/news/politics/.premium-MAGAZINE-1.9890422?utm_source=App_Share&utm_medium=Android_Native&utm_campaign=Share

Below the English translation of my letter to the Dutch parliament

Astrid Essed

LETTER:

TO THE MEMBERS OF THE DUTCH PARLIAMENT,
SEE THE DUTCH LETTER
TREEDT OP TEGEN MISHANDELING PALESTIJNSE GEVANGENEN/BRIEF AAN TWEEDE KAMERLEDEN 
[English translation:STAND UP AGAINST MISTREATMENT OF PALESTINIAN PRISONERS/LETTER TO THE MEMBERS OF THE DUTCH PARLIAMENT]
https://www.astridessed.nl/treedt-op-tegen-mishandeling-palestijnse-gevangenen-brief-aan-tweede-kamerleden/

Subject:Israeli  violent conduct against Palestinian prisoners
[This mail has been sent to all your collegue members of parliament, except forthe parties, The Party for Freedom, Forum for Democracy, the Reformed Political Party and JA21, concerning their pro Israel views
https://en.wikipedia.org/wiki/Party_for_Freedom

https://en.wikipedia.org/wiki/Forum_for_Democracy
https://en.wikipedia.org/wiki/Reformed_Political_Party
https://en.wikipedia.org/wiki/JA21

Dear Ladies and Gentlemen,
As you’ll probably know, I write you regularly about the injustice concerning the Middle Eastern conflict and about other cases, concerning human rights. [1]Often I refer extensively to international law aspects [2] 
However, in this case I try to make it short[er], because the case is simple here:This concerns a shocking case of abuse and mistreatment of Palestinian prisoners and I demand you to use your influence, as fae as possible, to stop this!Here and now!
SCHOKKENDE BEELDEN/MISHANDELING PALESTIJNSE GEVANGENEN
The news reached me about the shocking mistreatment of Palestinian prisoners in the Israeli prison Ketziot [3] and the pictures were publicized by the Israeli newspaper the Haaretz in its Hebrew edition. [4]
Mij bereikte het bericht over de schokkende mishandeling van Palestijnsegevangenen in de Israelische gevangenis Ketziot [3] en de beelden daarvan werden gepubliceerd door de Israelische krant de Haaretz in zijnHebreeuwse editie [4]See also the Youtube images! [5]
What you see is obvious.Prisoners are dragged over the ground, thrown in a heap and beaten.What you see is unacceptable!
The case, dating from 2019 [6], revealed by the Haaretz [which I appreciate], was ”investigated”I write ”investigated” with quotation marks, because there was noreal investigation, but it was ”swept under the rug” [7]
In an editorial article The Haaretz writes:

”It wasn’t only the Prison Service that looked the other way. In the Israel Police, Lahav 433’s National Prison Investigation Unit did as little as possible to probe the affair: Only one guard was questioned and even though he admitted that he had engaged in gratuitous violence, it wasn’t enough for the police or prosecutors to proceed with an indictment. This was a negligent investigation – with no real effort to identify the guards and no police lineup – which proves that even when such an unusual case of abuse has been fully documented, the police still prefer to sweep it under the rug. [8]
AND
”It’s hard to believe that the investigation would have ended this way if the prisoners had been Jews. But in this case, the victims were Palestinian terrorists and security prisoners belonging to Hamas. Therefore, not only was the case closed on the grounds that “the offender is not known,” but the warden on duty at the time, General Avichai Ben-Hamo, was promoted to the rank of major general. The other guards allegedly involved in the incident remain at their jobs.” [9]
STRUCTURAL
Although this incident in itself is serious enough, itdoes not stand alone.No, this violent behaviour against Palestinian prisonersis structural!Amnesty International writes in its review from 2020 among else:””The Israeli authorities arbitrarily detained in Israel thousands of Palestinians from the OPT, holding hundreds in administrative detention without charge or trial. Torture and other ill-treatment of detainees, including children, were committed with impunity.” [10]
This is a very serious matter!You must act against this, dear members of parliament, because I don’t have to explain to you, that yet apart from the humanity, those violent acts are contrary with the International Treaties! [11]
YOUR EFFORT AND MORAL DUTY
I expect from you, members of the Parliament, that you stand up againstthis structural violence against Palestinian prisoners, which also includes torture by violence. [12]Use your political power by posing questions in the Parliament and makinga plea for the suspension of the EU Israel Association Agreement, that includes a human rights clausule [13], in case Israel doesn’t listen.
Too long this injustice had its chance and you can’t walk away from it!You swore an Oath or did a promise on the Dutch Constitution, which states in article 90:”The Government shall promote the development of the international legal order.” [14]

I count on your efforts.
Kind greetings
Astrid EssedAmsterdamThe Netherlands

THOSE ARE THE POLITICAL PARLIAMENTARY PARTIES I WROTE TO, EXCEPT FOR THOSEI MENTIONED IN THE INTRODUCTION

WIKIPEDIALIST OF POLITICAL PARTIES IN THE NETHERLANDS/GENERAL OVERVIEW
https://en.wikipedia.org/wiki/List_of_political_parties_in_the_Netherlands#General_overview

ORIGINAL SOURCE
WIKIPEDIALIST OF POLITICAL PARTIES IN THE NETHERLANDS
https://en.wikipedia.org/wiki/List_of_political_parties_in_the_Netherlands

NOTES
[1]

ISRAELI OCCUPATION AND PALESTINIAN RIGHTS/LETTER TO THE MEMBERS OF PARLIAMENTASTRID ESSED4 FEBRUARY 2019
https://www.astridessed.nl/israeli-occupation-and-palestinian-rights-letter-to-the-members-of-the-dutch-parliament/

SEE ALSO IN DUTCH
ISRAELISCHE BOMBARDEMENTEN OP GAZA IN MEI 2021/TERREUR IN OOST-JERUZALEM EN DE WESTBANK/BRIEF AAN TWEEDE KAMERLEDEN/STOP ISRAELISCHE TERREUR!/STOP DE BEZETTING!ASTRID ESSED18 MEI 2021

[TRANSLATION: ISRAELI BOMBINGS ON GAZA IN MAY 2021/TERROR IN EASTERN JERUSALEM AND THE WESTBANK/LETTER TO THE MEMBERS OFPARLIAMENT/STOP ISRAELI TERROR/STOP THE OCCUPATION!]
https://www.astridessed.nl/israelische-bombardementen-op-gaza-in-mei-2021-terreur-in-oost-jeruzalem-en-de-west-bank-brief-aan-tweede-kamerleden-stop-israelische-terreur-stop-de-bezetting/

CORONAVIRUS BEREIKT LESBOS/POLITIEK, EVACUEER OVERVOL VLUCHTELINGENKAMP MORIA OP LESBOS!/BRIEF AAN TWEEDE KAMERLEDEN

ASTRID ESSED

22 MAART 2020

[TRANSLATION:

CORONAVIRUS IN LESBOS/POLITICAL LEADERS, ECAVUATE THE

CROWDED REFUGEE CAMP MORIA AT LESBOS/LETTER TO

THE MEMBERS OF PARLIAMENT]

[2]
SEE NOTE 1

[3]

WIKIPEDIAKETZIOT PRISON

https://en.wikipedia.org/wiki/Ktzi%27ot_Prison

[4]

HEBREW EDITION OF THE HAARETZ WITH PICTURES OFISRAELI VIOLENCE AGAINST PALESTINIAN PRISONERS
https://www.haaretz.co.il/news/politics/.premium-MAGAZINE-1.9890422?utm_source=App_Share&utm_medium=Android_Native&utm_campaign=Share

[5]
YOUTUBEFROM INSIDE OF AL NAQBA PRISON

[6]

””De beelden dateren uit 2019 en zijn naar buiten gebracht door de Israëlische krant Haaretz in zijn Hebreeuwse editie. Ze tonen de mishandeling van een kleine zestig Palestijnse gevangenen door zo’n vijftien gevangenisbewaarders in de C-vleugel van de Ketziot-gevangenis in de Negev/Naqab in Israël.”
[TRANSLATION:The images are from 2019 and have been revealed by the Israeli paperHaaretz in its Hebrew edition. They show the mistreatment of about 60 Palestinian prisoners by about 15 jailers in the C wing ofthe Ketziot prison in the Negev/Naqba in Israel”’
ARTICLE FROM THE RIGHTS FORUM
THE RIGHTS FORUMSCHOKKENDE BEELDEN VAN MISHANDELING PALESTIJNSE GEVANGENEN IN ISRAELISCHE GEVANGENIS

[TRANSLATION]SHOCKING IMAGES OF MISTREATMENT PALESTINIAN PRISONERS IN ISRAELI PRISON]11 JUNE 2021
https://rightsforum.org/nieuws/schokkende-beelden-van-mishandeling-palestijnse-gevangenen-in-israelische-gevangenis/

TEXT [IN DUTCH]

Tientallen gevangenen worden geboeid over de grond gesleurd, op een hoop gegooid en afgeranseld. De zaak verdween in de doofpot, en dat is geen uitzondering.

De beelden dateren uit 2019 en zijn naar buiten gebracht door de Israëlische krant Haaretz in zijn Hebreeuwse editie. Ze tonen de mishandeling van een kleine zestig Palestijnse gevangenen door zo’n vijftien gevangenisbewaarders in de C-vleugel van de Ketziot-gevangenis in de Negev/Naqab in Israël. De gevangenen worden geboeid over de betonnen vloer gesleept, boven op elkaar gegooid, geschopt en met wapenstokken geslagen. Vijftien gevangenen raakten zodanig gewond dat ze in het ziekenhuis belandden. De beelden roepen herinneringen op aan de mishandeling van Iraakse gevangenen door Amerikaanse militairen en CIA-medewerkers in de Abu Ghraib-gevangenis bij Bagdad in 2004.

Doofpot

In zijn redactioneel commentaar schrijft Haaretz dat het geweld kennelijk een wraakactie was voor het neersteken van een bewaarder elders in het gevangeniscomplex – volgens Wikipedia het grootste detentiecentrum van Israël en zelfs ter wereld. De Israel Prison Service maakte destijds bekend dat veiligheidstroepen op de bewuste dag ‘een opstand van gevangenen onder controle hadden gebracht’. Op de beelden is van een opstand echter niets te zien.

De zaak is door de autoriteiten in de doofpot gestopt, schrijft Haaretz. De Prison Service ‘keek de andere kant op’ en de onderzoeksafdeling van de Israëlische politie – de National Prison Investigation Unit – volstond met het ondervragen van één gevangenisbewaarder. Hoewel die toegaf zich schuldig te hebben gemaakt aan ‘onnodig geweld’, werd geen vervolging ingesteld. De zaak werd gesloten onder het mom dat ‘de dader onbekend is’.

De politie ‘veegde de zaak onder het tapijt’, concludeert Haaretz, en ook de openbaar aanklager kwam niet in actie. ‘Het is moeilijk voor te stellen dat het zo zou zijn gelopen als de gevangenen Joden waren geweest’, voegt de krant daaraan toe. In dit geval ging het echter om ‘terroristen en veiligheidsgevangenen die lid waren van Hamas’.

Geen uitzondering, maar regel

Overigens betekent dat niet dat de gevangenen daadwerkelijk lid waren van Hamas en een misdaad op hun geweten hebben. Afgelopen jaar besteedden wij in een brede analyse aandacht aan het oppakken van Palestijnen onder het mom van ‘betrokkenheid bij terrorisme’. Onder die noemer verdwijnen aan de lopende band Palestijnen uit de door Israël bezette gebieden in Israëlische gevangenissen. Het is onderdeel van ‘het intimideren en terroriseren van de bevolking door het Israëlische bezettingsregime’, concludeerden wij.

Daarop wijst vandaag ook de vooraanstaande Israëlische mensenrechtenorganisatie B’Tselem. In een persbericht schrijft het dat het ‘witwassen’ van de zaak door de autoriteiten geen uitzondering is, maar regel: de Israëlische overheersing van de Palestijnen is gebaseerd op geweld en het witwassen daarvan. De nu naar buiten gekomen zaak onderstreept volgens B’Tselem het belang van onderzoek en vervolging door internationale gerechtshoven als het Internationaal Gerechtshof en het Internationaal Strafhof in Den Haag:

Het Israëlische apartheidsregime is gebaseerd op constant, georganiseerd geweld tegen Palestijnen. Dat geweld is cruciaal voor zijn voortbestaan. Daarom is het regime noch bereid, noch in staat om degenen die het geweld plannen en uitvoeren te onderzoeken, laat staan te vervolgen. […] De zaak bewijst eens te meer dat Palestijnse slachtoffers van geweld van Israëlische veiligheidstroepen binnen het bestaande Israëlische systeem geen gerechtigheid kunnen krijgen, en alleen kunnen hopen op behandeling van hun zaken door internationale gerechtshoven.

Mishandeling schering en inslag

Het mishandelen en martelen van Palestijnse ‘verdachten’ en ‘veiligheidsgevangenen’ is in Israëlische ondervragings- en detentiecentra schering en inslag. Het Israëlische Hooggerechtshof staat echter ‘speciale ondervragings­methoden’ toe als er sprake is van ‘bijzondere veiligheidsrisico’s’, en die bepaling biedt politiediensten, de Prison Service en de veiligheidsdienst Shin Bet een vrijbrief om verdachten te mishandelen zonder dat er een haan naar kraait. Het Israëlische Comité tegen Marteling (PCATI) diende tussen 2001 en 2020 circa 1300 officiële klachten wegens marteling door de Shin Bet in. Dat leidde in slechts één geval tot strafrechtelijk onderzoek, dat uitliep op seponering.

Het martelen van gevangenen is onder internationaal recht en de Universele Verklaring van de Rechten van de Mens strikt verboden en geldt in het oprichtingsverdrag van het Internationaal Strafhof – het Statuut van Rome – als een oorlogsmisdaad. Eerder dit jaar maanden zeven mensenrechtenexperts van de VN Israël zich aan het internationaal recht te houden en rigoureus een eind te maken aan de verboden praktijken. De autoriteiten dienen alle wetten, voorschriften, beleidslijnen en praktijken die zulke misdaden mogelijk maken met spoed te herzien. Staten zijn verplicht marteling en mishandeling te voorkomen en, in het geval zulk wangedrag toch plaatsvindt, te bestraffen. Slachtoffers dienen gerehabiliteerd en gecompenseerd te worden.

END OF ARTICLE

[7]

”This was a negligent investigation – with no real effort to identify the guards and no police lineup – which proves that even when such an unusual case of abuse has been fully documented, the police still prefer to sweep it under the rug.”

HAARETZ

A CHRONICLE OF PRISON BRUTALITY IN ISRAEL

https://www.haaretz.com/opinion/editorial/a-chronicle-of-prison-brutality-of-israel-1.9894625

The shocking video from Wing 3 of Ketziot Prison should have set off an earthquake in the Israel Prison Service, police and the State Prosecutor’s Office: Scores of Arab security prisoners were forcibly thrown down onto a concrete floor, sometimes on top of each other, as guards passed between them for long minutes, beating them with batons and kicking them randomly, without any resistance from their victims (as Josh Breiner reported Thursday).

The unrestrained violence is believed to have been carried out in revenge for the stabbing of a guard shortly beforehand near the wing. The guards’ act of revenge, which left 15 prisoners injured, was described by the Prison Service as “gaining control over a riot.” But the evidence clearly shows there was no riot, just the abuse of prisoners. The evidence was an open secret in the Prison Service: Top officials had viewed the video and knew exactly what occurred but acted as if nothing happened. The Prison Service knew that Ketziot’s officers turned a blind eye while at least 10 guards brutally beat the bound prisoners.

It wasn’t only the Prison Service that looked the other way. In the Israel Police, Lahav 433’s National Prison Investigation Unit did as little as possible to probe the affair: Only one guard was questioned and even though he admitted that he had engaged in gratuitous violence, it wasn’t enough for the police or prosecutors to proceed with an indictment. This was a negligent investigation – with no real effort to identify the guards and no police lineup – which proves that even when such an unusual case of abuse has been fully documented, the police still prefer to sweep it under the rug.

It’s hard to believe that the investigation would have ended this way if the prisoners had been Jews. But in this case, the victims were Palestinian terrorists and security prisoners belonging to Hamas. Therefore, not only was the case closed on the grounds that “the offender is not known,” but the warden on duty at the time, General Avichai Ben-Hamo, was promoted to the rank of major general. The other guards allegedly involved in the incident remain at their jobs.

Now, when the evidence has been revealed to the public, the affair can no longer remain behind prison walls. The state prosecutor must immediately order a thorough investigation that includes all the guards alleged to have been involved, and bring indictments. Any other outcome will only prove that from the state’s viewpoint, security prisoners don’t deserve to be treated like human beings.

The above article is Haaretz’s lead editorial, as published in the Hebrew and English newspapers in Israel.

END OF THE ARTICLE

[8]
”It wasn’t only the Prison Service that looked the other way. In the Israel Police, Lahav 433’s National Prison Investigation Unit did as little as possible to probe the affair: Only one guard was questioned and even though he admitted that he had engaged in gratuitous violence, it wasn’t enough for the police or prosecutors to proceed with an indictment. This was a negligent investigation – with no real effort to identify the guards and no police lineup – which proves that even when such an unusual case of abuse has been fully documented, the police still prefer to sweep it under the rug.”

HAARETZA CHRONICLE OF PRISON BRUTALITY IN ISRAEL
https://www.haaretz.com/opinion/editorial/a-chronicle-of-prison-brutality-of-israel-1.9894625

SEE FOR FULL TEXT, NOTE 7
[9]

”It’s hard to believe that the investigation would have ended this way if the prisoners had been Jews. But in this case, the victims were Palestinian terrorists and security prisoners belonging to Hamas. Therefore, not only was the case closed on the grounds that “the offender is not known,” but the warden on duty at the time, General Avichai Ben-Hamo, was promoted to the rank of major general. The other guards allegedly involved in the incident remain at their jobs.”

HAARETZA CHRONICLE OF PRISON BRUTALITY IN ISRAEL
https://www.haaretz.com/opinion/editorial/a-chronicle-of-prison-brutality-of-israel-1.9894625

SEE FOR FULL TEXT, NOTE 7

[10]

AMNESTY INTERNATIONAL

ISRAEL AND THE OCCUPIED TERRITORIES 2020

https://www.amnesty.org/en/countries/middle-east-and-north-africa/israel-and-occupied-palestinian-territories/report-israel-and-occupied-palestinian-territories/

ISRAEL AND OCCUPIED PALESTINIAN TERRITORIES 2020

Israel continued to impose institutionalized discrimination against Palestinians living under its rule in Israel and the Occupied Palestinian Territories (OPT). It displaced hundreds of Palestinians in Israel and the occupied West Bank, including East Jerusalem, as a result of home demolitions and imposition of other coercive measures. Israeli forces continued to use excessive force during law enforcement activities in Israel and the OPT. Israeli forces killed 31 Palestinians, including nine children, in the OPT; many were unlawfully killed while posing no imminent threat to life. Israel maintained its illegal blockade on the Gaza Strip, subjecting its residents to collective punishment and deepening the humanitarian crisis there. It also continued to restrict freedom of movement of Palestinians in the OPT through checkpoints and roadblocks. The Israeli authorities arbitrarily detained in Israel thousands of Palestinians from the OPT, holding hundreds in administrative detention without charge or trial. Torture and other ill-treatment of detainees, including children, were committed with impunity. The authorities used a range of measures to target human rights defenders, journalists and others who criticized Israel’s continuing occupation of the West Bank, Gaza Strip and Syrian Golan Heights. Violence against women persisted, especially against Palestinian citizens of Israel. The authorities denied asylum-seekers access to a fair or prompt refugee status determination process. Conscientious objectors to military service were imprisoned.

Background

Israel held parliamentary elections in March, the third in just over a year. In May, the two largest parties in the Knesset, Likud and the Blue and White alliance, reached a power-sharing agreement that included an announcement that Israel would further annex territories in the occupied West Bank starting in July 2020. This followed US President Donald Trump’s announcement of his “deal of the century”, which included a formal extension of Israel’s sovereignty over the Jordan Valley and the vast majority of the illegal settlements in the rest of the occupied West Bank in exchange for land currently inside Israel. Israel postponed the annexation plans following diplomatic deals with the United Arab Emirates and Bahrain in September. The parliament was again dissolved in December, triggering another round of elections in three months’ time.

Israel imposed lockdown measures in March and in September to contain the spread of COVID-19, triggering waves of protests calling on the Prime Minister to step down. The measures allowed the Israel Security Agency (ISA) to use surveillance capabilities usually reserved for Palestinians to trace COVID-19 infections. The Prime Minister’s trial on corruption charges began in May.

In February, the Palestinian armed group Islamic Jihad fired around 80 rockets and mortar shells from the Gaza Strip towards Israel, causing minor injuries to over 20 people, after Israeli forces killed an Islamic Jihad operative. The Israeli army carried out multiple airstrikes in Gaza, injuring 12 Palestinians, according to the Palestinian Ministry of Health in Gaza.

In August and September, Israel launched artillery and airstrikes against Gaza in retaliation for incendiary balloons and kites launched from Gaza into Israel. Palestinian armed groups launched indiscriminate rockets into Israel in response.

In August, Israel launched airstrikes against Hizbullah targets in Lebanon after it said that shots were fired from Lebanon into Israel. Israel also launched airstrikes against Iranian and Hizbullah targets in Syria.

In July, a district court rejected a case to force the Ministry of Defense to revoke the export licence of spyware company NSO Group, dealing a blow to victims of unlawful and targeted international surveillance.

Forcible transfers, forced evictions and demolitions

Israel demolished 848 Palestinian residential and livelihood structures in the occupied West Bank, including East Jerusalem, displacing 996 people, according to the UN Office for the Coordination of Humanitarian Affairs (OCHA). Israeli authorities said many of the demolished buildings lacked Israeli-issued permits, which are virtually impossible for Palestinians to obtain, or were in closed military zones. The law of occupation prohibits such destruction unless necessary for military operations.

In other cases, Israel confiscated residential and livelihood structures, including some that were donated for humanitarian purposes. Israeli forces also punitively demolished at least six Palestinian homes, leaving 22 people, including seven children, homeless, according to B’Tselem. Punitive demolitions constitute collective punishment and are prohibited under international law.

On 5 March, Israeli forces demolished the homes of Walid Hanatsheh, in Ramallah, and Yazan Mughamis, in Birzeit, displacing six Palestinians, after an Israeli court rejected a petition by the families against the punitive demolition. On 11 March, Israeli forces punitively demolished the home of Qassam Barghouti in Kobar village near Ramallah. The three men are in prison in Israel for alleged involvement in an attack in August 2019 that killed an Israeli civilian and injured two others outside Ramallah city in the occupied West Bank.

Israeli settler organizations initiated, with the support of the Israeli authorities, forcible evictions of Palestinians from their homes in East Jerusalem.

OCHA estimated in December that around 200 Palestinian households in the occupied West Bank, including East Jerusalem, had eviction cases pending against them, placing 800 adults and children at risk of displacement.

Israeli authorities demolished at least 29 residential and livelihood structures that belonged to Bedouin citizens living in “unrecognized” villages in the Negev/Naqab, according to the Negev Coexistence Forum, an Israeli NGO.

Discrimination

Israel continued to discriminate against Palestinian citizens of Israel in areas of planning, budget allocation, policing and political participation. According to the Adalah-The Legal Center for Arab Minority Rights in Israel, Israel maintains over 65 laws that discriminate against Palestinians.

Local Palestinian councils in Israel went on strike to protest against discrimination in the distribution of the state budget for local councils. The vast majority of Palestinians in Israel, comprising over 20% of the total population, live in around 139 towns and villages. They received only 1.7% of the state budget for local councils.

In August, Adalah and the Arab Center for Alternative Planning filed a petition to the Israeli Supreme Court on behalf of 10 local Palestinian councils and dozens of Palestinian citizens of Israel against government policy discriminating against these communities in the distribution of housing, construction and land development benefits compared to neighbouring Jewish communities that enjoy higher socio-economic status and have access to such benefits.

Israel continued to deny Palestinians from the West Bank and Gaza married to Palestinian citizens of Israel the right to nationality by enforcing the discriminatory Entry to Israel Law.

In December, the magistrate court in Krayot, near Haifa, rejected a petition for access to education by Palestinian citizens of Israel living in Karmiel, citing the discriminatory Nation State Law. The decision said that establishing an Arabic school in the town or funding transport for its Palestinian residents to study in Arabic schools in nearby communities would undermine the town’s “Jewish character”.

In December, the Israeli Health Ministry began the distribution of COVID-19 vaccines that excluded the nearly 5 million Palestinians who live under Israeli military occupation in the West Bank and Gaza Strip.

Unlawful killings and excessive use of force

Israeli military and police used unnecessary and excessive force during law enforcement activities, including search and arrest operations, and when policing demonstrations.

Military and security forces killed at least 31 Palestinians, including nine children, in the Gaza Strip and West Bank, according to OCHA. Many were unlawfully killed by live ammunition or other excessive force when posing no imminent threat to life. Some of the unlawful killings appeared to be wilful, which would constitute war crimes.

Israeli forces frequently used excessive force against protesters in Kufr Qadum who continued weekly protests against settlements and settlement expansion. According to OCHA, 214 protesters and bystanders were injured during the year.

On 15 February, Israeli forces shot and injured in the eye nine-year-old Malek Issa while he was returning home from school in the East Jerusalem neighbourhood of Issawiya. No clashes were recorded at the time, according to OCHA. Israeli forces were maintaining a violent and intense police operation in Issawiya as a form of collective punishment.

Israeli forces frequently opened fire on fishermen and farmers in Gaza. According to Al Mezan Center for Human Rights, 12 fishermen and five farmers were injured.

Freedom of movement

For the 13th consecutive year, Israel continued its illegal air, land and sea blockade of the Gaza Strip, restricting the movement of people and goods in and out of the area, which continued to have a devastating impact on the human rights of Gaza’s 2 million inhabitants. Israel stopped the entry of construction materials and fuel into Gaza repeatedly. This shut down the only power plant in Gaza, leading to a further reduction in the supply of electricity, which had already been available for only about four hours a day. Israel also imposed a full maritime closure and repeatedly limited entry of goods to food and medicine only. The measures amounted to collective punishment at a time of increasing COVID-19 infections in Gaza.

On 2 February, following an exchange of attacks between Israeli forces and Palestinian armed groups, Israel cancelled the permits of 500 traders from Gaza that enable their holders to travel to Israel and the West Bank for business. The permits were reactivated on 18 February.

On 18 June, Omar Yaghi, a baby with a cardiac condition, died in Gaza after Israel denied the family a permit to enter Israel for a scheduled operation on 24 May at the Sheba Medical Center in Ramat Gan city.

In the West Bank, at least 593 Israeli checkpoints and roadblocks continued to heavily restrict the movement of Palestinians and access to rights, including health, education and work. Holders of Palestinian identification cards faced an ongoing bar on using roads built for Israeli settlers.

Israeli restrictions on freedom of movement continued to impede Palestinians’ access to health care, posing further threats to vulnerable populations during the COVID-19 pandemic. Lack of access to hospitals and specialized clinics during the pandemic particularly affected Palestinian residents of the East Jerusalem neighbourhoods of Kufr Aqab and Shu’fat Refugee Camp, which are segregated from the rest of the city by military structures, including checkpoints, and the fence/wall.

Arbitrary detention

Israeli authorities conducted hundreds of raids throughout the West Bank to arrest Palestinians, usually at their homes at night. Those arrested were detained in prisons in Israel, along with thousands of other Palestinians from the OPT arrested in previous years. This violated international humanitarian law, which prohibits the transfer of detainees into the territory of the occupying power.

Israeli authorities used renewable administrative detention orders to hold Palestinians without charge or trial. Some 4,300 Palestinians from the OPT, including 397 administrative detainees, were held in Israeli prisons as of December, according to the Israel Prison Service. Many families of Palestinian detainees in Israel, particularly those living in Gaza, were not permitted entry to Israel to visit their relatives.

On 16 July, Israeli forces arrested Iyad Barghouti, an astrophysicist and professor at Jerusalem’s Al-Quds University, at a checkpoint near Jerusalem and placed him in administrative detention. He had previously been administratively detained in 2014 and 2016.

Israel held 157 Palestinian children in prison, including two in administrative detention, as of October. Defense for Children International Palestine said that children were interrogated without their parents present and placed with adults in prison. Under international law, detention of children should be a measure of last resort and for the shortest appropriate time.

Unfair trials

Palestinian civilians, including children, from the OPT were prosecuted in military courts that did not meet international fair trial standards.

Torture and other ill-treatment

Israeli soldiers, police and ISA officers continued to torture and otherwise ill-treat Palestinian detainees, including children, with impunity. Reported methods included beating, slapping, painful shackling, sleep deprivation, use of stress positions and threats of violence against family members. Prolonged solitary confinement, sometimes lasting months, was commonly used as a punishment.

Israeli forces occasionally denied medical help for Palestinians injured during law enforcement activities.

Freedoms of expression and association

The authorities used a range of measures, including raids, incitement campaigns, movement restrictions and judicial harassment, to target human rights defenders who criticized Israel’s continuing military occupation of Palestinian and Syrian territories.

Israel continued to deny human rights bodies entry to the OPT, including the UN Special Rapporteur on the situation of human rights in the OPT.

On 30 July, Israeli forces arrested Mahmoud Nawajaa, a human rights defender and co-ordinator of the Boycott, Divestment and Sanctions movement in the occupied West Bank, from his home in Ramallah. A prisoner of conscience, he was released without charge on 17 August.

On 13 November, the Jerusalem District Court rejected a petition by Amnesty International against the arbitrary and punitive travel ban imposed on its employee, human rights defender Laith Abu Zeyad. For undisclosed reasons, Israeli security forces continued to bar him from entering occupied East Jerusalem and from travelling abroad through Jordan.

Rights of refugees, asylum-seekers and migrants

Israel continued to deny asylum-seekers access to a fair and prompt refugee status determination process, leaving many without access to basic services. About 31,000 asylum-seekers were living in Israel.

Gender-based violence

Violence against women persisted in Israel, especially against Palestinian citizens.

At least 21 women were killed as a result of gender-based violence.

Conscientious objectors

At least four Israeli conscientious objectors to military service were imprisoned. Hillel Rabin spent 56 days in military prison for refusing to serve in the Israeli army citing oppressive policies against Palestinians.

END OF THE ARTICLE

[11]
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
http://hrlibrary.umn.edu/instree/g3bpppdi.htm
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

http://hrlibrary.umn.edu/instree/h2catoc.htm



[12]

BTSELEMTORTURE AND ABUSE IN INTERROGATIONhttps://www.btselem.org/topic/torture

In interrogating Palestinian residents of the Occupied Territories, the Israel Security Agency (ISA, also known by the Hebrew acronyms Shin Bet or Shabak) routinely used methods that constituted ill-treatment and even torture until the late 1990s. In doing so, the ISA relied on the 1987 recommendations of a state commission headed by retired Supreme Court Justice Moshe Landau. The commission had held that, in order to “prevent terrorism”, ISA interrogators were permitted to use “psychological pressure” and a “moderate degree of physical pressure”. This permission was grounded, in the commission’s opinion, in the “necessity defense” laid out in Israeli Penal Law. In practice, the interrogation methods used by the ISA during that time went far beyond a reasonable interpretation of the term “moderate physical pressure”.This state of affairs persisted for years, despite the right not to be subjected to ill-treatment or torture – whether physical or psychological – being one of the few human rights that are considered absolute. As an absolute right, it may never be balanced against other rights and values and cannot be suspended or limited, even in difficult circumstances.In September 1999, following a series of petitions filed by human rights organizations and by Palestinians interrogated by the ISA, Israel’s High Court of Justice (HCJ) ruled that Israeli law does not empower ISA interrogators to use physical means in interrogation. The justices ruled that the specific methods discussed in the petitions – including painful binding, shaking, placing a sack on a person’s head for prolonged periods of time and sleep deprivation – were unlawful. However, they also held that ISA agents who exceed their authority and use “physical pressure” may not necessarily bear criminal responsibility for their actions, if they are later found to have used these methods in a “ticking bomb” case, based on the “necessity defense”. Following this ruling, reports of torture and ill-treatment in ISA interrogations did drop. However, ISA agents continued to use interrogation methods that constitute abuse and even torture, relying on the court’s recognition of the “ticking bomb” exception. These methods were not limited to exceptional cases and quickly became standard interrogation policy.Several joint research reports published by B’Tselem and HaMoked: Center for the Defence of the Individual, based on hundreds of affidavits and testimonials given by Palestinians who underwent ISA interrogations after the HCJ ruling, indicate that the ISA still routinely employs psychological and physical abuse in interrogations. While interrogators steer clear of the specific methods that the court disqualified, the rationale is the same: using isolation from the outside world and harsh incarceration conditions, in addition to the interrogation itself, to psychologically pressure and physically weaken the individual. This combined use of holding conditions and interrogation methods constitutes abuse and inhuman, degrading treatment, at times even amounting to torture. It is regularly employed against Palestinians in ISA interrogations, in blatant violation of international law and basic moral standards.According to the accounts of Palestinians who have undergone ISA interrogation, they are held in inhuman conditions, including narrow, windowless cells that are sometimes moldy and foul-smelling and are constantly lit with artificial lighting that is painful to the eyes. Some detainees reported being held in solitary confinement, completely cut off from their surroundings. Some reported exposure to extremes of heat and cold, as well as sleep deprivation. Many described abominable hygienic conditions; among other things, they stated that the prison authorities do not allow them to shower, change clothes, brush their teeth or even use toilet paper. The food is intentionally poor in quality and quantity, and detainees lose weight while in custody. In the interrogation room, they are forced to sit bound to a chair, without moving, for hours and even days on end. Interrogators threaten the detainees, including threats to harm their relatives, as well as shouting and employing violence against them.Most Palestinians who are physically or mental abused in interrogation have no way to complain until the interrogation is over. This is because Palestinian detainees are regularly denied the right to meet with counsel, and HCJ petitions against the denial of this right have been repeatedly dismissed. Also, they usually cannot use the opportunity of coming before a judge in a remand hearing to air their grievances: Most hearings are extremely cursory and, in some of them, detainees are not represented or are denied the opportunity to confer with the lawyer representing them. Most detainees are not aware of the fact that they may approach the judge on their own initiative. In any case, they shy away from sharing what they are undergoing with the judge for fear of reprisal back in the interrogation room. Even when detainees do come forward, the authorities take no action, as years of monitoring by human rights organizations reveal. Since 2001, not a single criminal investigation has been launched into a complaint against an ISA interrogator, despite hundreds of complaints being lodged with the relevant authorities. Although formal changes have been made to the apparatus charged with looking into these complaints – including the appointment of an Inspector of Complaints by ISA Interrogees inside the ISA, and the subsequent transfer of the position to the Ministry of Justice – they have done nothing to alter the situation: Hundreds of complaints, zero criminal investigations.This system of interrogation, which relies on a combination of holding conditions and interrogator conduct, was shaped by state authorities. It is not the personal initiative of any particular interrogator or prison guard, and the actions described here are not anomalies to be weeded out by the justice system. The cruel, inhuman and degrading treatment of Palestinian detainees is inherent to the ISA’s violent interrogation policy. This policy is dictated from above, and not set by interrogators in the field.While the ISA runs the system, a broad network of partners collaborates to facilitate it. The Israel Prison Service (IPS) adapts prison conditions to match the interrogation plan designed to break the detainee’s spirit. Medical and mental health personnel greenlight the interrogation of Palestinians who arrive at the facility – including in cases of poor health – and even hand detainees back to the interrogators after caring for physical and mental injuries they sustained in interrogation, knowing full well that they would be subjected to measures of abuse and torture; soldiers and police officers abuse detainees while transporting them to the ISA, with their commanders turning a blind eye and the MAG Corps and State Attorney’s Office not bringing them to justice or holding them fully accountable. Military judges almost automatically sign off on motions for remand in custody and effectively sanction the continued abuse and inhuman conditions. The State Attorney’s Office and the Attorney General have thus far provided ISA interrogators with full immunity. Finally, HCJ judges regularly reject petitions seeking to overturn the denial of detainee’s rights to meet with legal counsel, clearing the way for continued abuse.All these are party, in one form or another, to the cruel, inhuman, degrading and abusive treatment to which Palestinians are subjected in ISA interrogations. By enabling the existence of this abusive interrogation regime, they all bear responsibility for the severe violations of interrogatees’ human rights and for the mental and physical harm inflicted on these individuals
END OF THE ARTICLE
[13]
Article 2 Relations between the Parties, as well as all the provisions of the Agreement itself, shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this Agreement.EURO MEDITERRANEAN AGREEMENT establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part 
https://eeas.europa.eu/archives/delegations/israel/documents/eu_israel/asso_agree_en.pdf


[14]
Article 90 Promotion of the international legal order
The Government shall promote the development of the international legal order.

THE CONSTITUTION OF THE KINGDOM OF THE NETHERLANDSChapter 5 Legislation and administration

http://dutchcivillaw.com/legislation/constitution055.htm

SEE FOR THE WHOLE CONSTITUTION OF THE NETHERLANDS
THE CONSTITUTION OF THE KINGDOM OF THE NETHERLANDS
https://www.government.nl/documents/regulations/2012/10/18/the-constitution-of-the-kingdom-of-the-netherlands-2008

OR

file:///C:/Users/Essed/Downloads/the-constitution-of-the-kingdom-of-the-netherlands-2008%20(2).pdf


END OF THE NOTES

Reacties uitgeschakeld voor A Chronicle of Israeli prison brutality in Ketzion prison/Letter to the members of the Dutch parliament

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Letter to the Editor

Dear Editor,

This is the limit!Since the bizarre beheading of the French middle schoolteacher Samuel Patyby an 18 years old Chechen muslim, Abdoullakh Abouyedovich Anzorov [whowas killed by the police], because of showing his students the Charlie Hebdo 2012 Muhammad cartoons, followed by the stabbing of three Church visitors in aChurch in Nice by a 21 Tunesian suspect, two very tragic events, all Hell broke out in France.Because the [re]actions of the French government were a de facto declaration of war to muslims, not only in France, but also international.Immediately after the news broke out about the beheading of the school teacher, the French government got bananas.The first bizarre action was the showing of the offending Charlie Hebdo Muhammad cartoons, hanging from French government buildings, violating article 1 of the French Constitution, stating equality and respect for everyone regardless descent, race or religion, as respect for all religions.Although the showing of the cartoons pretended to be in the name  of”freedom ofopinion”, the French government knew full well, that many muslims, asIslamic countries, would consider it as a declaration of war.Again, a for muslims holy symbol as the Prophet Muhammed was shownon a disrespectful way, this time by a ”neutral” government.To add insult to injury, president Macron stated, that ”France will not giveup  cartoons” in a homage to the beheaded school teacher.Do then the muslims in France not belong to France?No wonder some islamic countries started a boycott against French products.The third action of the French government was the more discriminatory:Minister of Internal Affairs Damartin announced the prohibition of a numberof islamic organisations, being ”enemies of the Republic”, withoutany given proof or connection with any terrorist attack, thus alienating the majority of peaceful muslims in France.An example of Damartin’s witch hunt is the CCIF, a collective that fights Islamophobia in France.The intention is also the deportation of illegal refugees, who received thelabel ”muslimextremists” without any proof of involvement with any terroristattack.In my view as the view of International Law, this is a ”collective punishment” This is no State policy anymore, but a ruthless witch hunt, which has nothing to do with democracy, but with a police State.Especially in those times, dangerous for France, the French government should connect, not polarize.

Astrid EssedAmsterdamThe Netherlands

Reacties uitgeschakeld voor The witch hunt of president Macron and his team on the French muslim community

Opgeslagen onder Divers

Dutch bomb killed seventy in Iraq/Letter to the International Criminal Court about Dutch warcrimes in Iraq

DUTCH BOMB KILLED SEVENTY IN IRAQ/LETTER TO THE INTERNATIONAL CRIMINAL COURT ABOUT DUTCH WARCRIMES IN IRAQ

Royal Netherlands Air Force F- 16 military fighter jets participating in NATO's Baltic Air Policing Mission operates in Lithuanian airspace during a Ramstein Alloy air force exercise, Tuesday, April 25, 2017.

EXPAND

Royal Netherlands Air Force F- 16 military fighter jets participating in NATO’s Baltic Air Policing Mission operates in Lithuanian airspace during a Ramstein Alloy air force exercise, Tuesday, April 25, 2017. © 2017 AP Photo/Mindaugas Kulbishttps://www.hrw.org/news/2019/11/13/new-revelations-dutch-role-deadly-iraq-attackNederlandse militaire trainer kijkt in groen berglandschap toe hoe Iraakse militairen oefenen.https://www.defensie.nl/onderwerpen/missie-in-irak-en-oost-syrie/militaire-bijdrage

DUTCH F’16’S ALS ANGELS OF DEATH

SEE CONTACT MAILADRES OF THE INTERNATIONAL CRIMINAL COURT FOR PEOPLE WHO WANT TO WRITE THEM
asp@icc-cpi.int
WEBSITE

https://asp.icc-cpi.int/EN_Menus/asp/Pages/asp_home.aspx

SEE ALSO

https://www.nrc.nl/nieuws/2019/10/18/dutch-bomb-killed-seventy-in-iraq-a3977301ANDhttps://www.astridessed.nl/article-dutch-newspaper-nrc-dutch-bomb-killed-seventy-in-iraq-warcrimes-to-my-opinion/

THE LETTER TO THE INTERNATIONAL CRIMINAL COURT:

INTERNATIONAL CRIMINAL COURTTO SECRETARIAT OF THE ASSEMBLY OF STATE PARTIESTO THE BUREAU MEMBERS
Mr  O-Gon Kwon, PresidentMr Jens-Otto Horslund and Mr Mr. Michal Mlynár

Subject:Request for an investigation after possible Dutch warcrimes in Iraq and the possibility of the prosecution of members of the Dutch government, if warcrimes have been confirmed.
Dear Sirs

Although Covid 19 rages around the world like a roaring lion, it is of the utmost importance to remain focussed on the wrongs in the world, as you’ll know better than me.Today I take the liberty to ask your attention for the following, namely:something of the utmost importance, namelyReal or alleged Dutch warcrimes in Iraq, committed in june 2015
In my view, you should investigate
A
Whether we can speak of warcrimes according to the Rome Statute [1] on which your authority is based 
B
It is possible for you to prosecute the Dutch government [government Rutte II][2] or members of that government?

CASE

Within the context of the Dutch participation in the military intervention against ISIL [called IS or ISIS in the Netherlands] [3], Dutch F’16s launched an airstrikein june 2015, targetting a factory in which ISIS was reportedly manufactering improvised explosive devices. [4]The factory was located in the Iraqi town Hawija.Horrible result:70 civilians were killed. [5]
Not only the Dutch government was silent to the parliament about this deadly airstrike untill two newspapers revealed it , which led to the admittance by the government: [6], the Dutch ”justification” of what went wrong, I found very weird:Defence minister [not the minister, who was responsible for the attack, but her successor] Ank Bijleveld said the intelligence before the strike had indicated that “there were no civilians in the immediate vicinity of the target” [7]
The most strangest thing, because the factory was located in a town with about 100 000 inhabitants, Hawija. [8]
Besides, according to the NOS article [do you read Dutch?] ”In Hawija is niemand de Nederlandse bomaanval vergeten” [9] [Translated in English: In Hawija no one has forgotten the Dutch bombattack], where Dutch journalists interview people from Hawija, Hawija inhabitants confirmed, that the real/alleged IS factory was located in the middle of a neighbourhood.I quote [In Dutch]:”Midden in de wijk stond ooit een grote opslagloods van de gemeente. Die was het doelwit van de coalitie. De loods was door terreurgroep IS in gebruik genomen om munitie in op te slaan” [10]Translated in English:”In the middle of the neighbourhood once was a great storage shed of the municipality. That was the target of the coalition. The storage shed was used by ISIL to store munitions”
If that is true, then Dutch intelligence whether must have known this [IS target located in a neighbourhood] and yet have taken the risk, or investigated the location superficially, not fully regarding the safety of civilians.
And according to International Humanitarian Law, the protection of civilians times of war is essential, as you know better than me. [11]
But there is more:
I am not a military expert, but when an attack is launched on a target, which is reportedly manufacting explosive devices and one knows that the target is located in or nearby a city, one can estimate that when the explosives are hit, they are scattered widely into the environment! With all risks for civilians, unless they are exploded in the desert. And the Dutch military knew that the factory was located in the Hawija town! 
Again, they took a great risk with human lives and that is, in my view, unacceptable!
WARCRIMES ACCORDING TO THE ROME STATUTE
YOUR MISSION
I know it is your mission to investigate, if military actions can be defined as warcrimes according to the Rome Statute and other human rights treaties.Reading the conditions under which you operate I’ve learned, that you may exercise jurisdiction under a situation where genocide, crimes against humanity or warcrimes are committed on or after 1 july 2002 [12], which, concerning the alleged Dutch committed warcrimes, is the case here [june 2015]Further, the crimes must be committed by a State national, or in the territory of a State Party or in a State that has accepted the jurisdiction of the Court. [13]As you know, the Netherlands has signed and accepted the Rome Statute [14] and so acknowledged the jurisdiction of the Court.
An other conditon for your jurisdiction is the complementarityI read on your website:”The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases only when States do not are unwilling or unable to do so genuinely.” [15]
And, dear Sirs, that’s exactly the case in the Netherlands concerning the  Dutch F’16 airstrike on the IS facory in Hawija, since the Dutch Public Prosecution Service. although it investigated the bomb attack on Hawija, saw no reason for a follow-up investigation. [16]

EPILOGUE
Dear Sirs, I have submitted the case of the Dutch F 16 bomb attack on the IS factory in Hawija, in which 70 civilians lost their lives and I am of the opinion, that you should investigate whether warcrimes have been committed according to the definition in the Rome Statute and whether you are willing to prosecute either members of the cabinet Rutte II [under which the bomb attack took place], or the pilot involved, or perhaps both or other parties.
Civilians are so vulnerable in a war and should be protected, as International Humanitarian Law says. [17]I think that in this case, where the attack was executed on a factory in a crowded neigbourhood, there is reason for your Court to prosecute those who are responsible.
The dead will not come back, but Justice will be done.That’s my opinion and I sincerely hope that you have a case here.
Thank you for reading this letter and much success with your work
Stay healthy, in those terrifying days of Corona.

Kind greetings
Astrid EssedAmsterdam The Netherlands

NOTES

[1]
UNIVERSITY OF MINNESOTAHUMAN RIGHTS LIBRARYROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

http://hrlibrary.umn.edu/instree/Rome_Statute_ICC/Rome_ICC_toc.html

[2]

WIKIPEDIASECOND RUTTE CABINET
https://en.wikipedia.org/wiki/Second_Rutte_cabinet

[3]
WIKIPEDIADUTCH MILITARY INTERVENTION AGAINST ISIL
https://en.wikipedia.org/wiki/Dutch_military_intervention_against_ISIL

WIKIPEDIAISLAMIC STATE OF IRAQ AND THE LEVANT
https://en.wikipedia.org/wiki/Islamic_State_of_Iraq_and_the_Levant

WIKIPEDIAINTERNATIONAL MILITARY INTERVENTION AGAINST ISIL
https://en.wikipedia.org/wiki/International_military_intervention_against_ISIL

[4]

The airstrike triggered multiple secondary explosions in the factory, devastating the surrounding area and killing dozens.’ 
HUMAN RIGHTS WATCHNEW REVELATIONS ON DUTCH ROLE ON DEADLY IRAQ ATTACKNetherlands Remained Silent Over Role in 2015 Airstrike For Four Years 13 NOVEMBER 2019

https://www.hrw.org/news/2019/11/13/new-revelations-dutch-role-deadly-iraq-attack

[5]

”A Dutch F-16 jet serving with the US-led coalition in Iraq killed about 70 people – Islamic State (IS) militants and civilians – in an air strike in 2015, the Dutch defence ministry says.”

BBC

IS CONFLICT: DUTCH AIRSTRIKE KILLED ABOUT 70 PEOPLE IN IRAQ IN 2015

https://www.bbc.com/news/world-europe-50286829

[6]

”Recent news reports have exposed Dutch involvement in an airstrike in Iraq in June 2015 that killed at least 70 civilians, with the Minister of Defense finally admitting on November 5, 2019 that the ministry had known about the deaths after years of denial.

Two Dutch news outlets, NRC and NOS, reported on October 18 that a Dutch F-16 pilot staged the attack on the town of Hawija, 20 kilometers southeast of Mosul, which ISIS had captured in June 2014. At the time, the Netherlands were part of a coalition conducting operations against the Islamic State (ISIS) in Iraq and Syria.”

HUMAN RIGHTS WATCHNEW REVELATIONS ON DUTCH ROLE ON DEADLY IRAQ ATTACK

Netherlands Remained Silent Over Role in 2015 Airstrike For Four Years 

13 NOVEMBER 2019

https://www.hrw.org/news/2019/11/13/new-revelations-dutch-role-deadly-iraq-attack

[7]

Defence Minister Anna Bijleveld said “the relationship between perished [IS] fighters and civilian casualties could not be determined afterwards”.

She said the intelligence before the strike had indicated that “there were no civilians in the immediate vicinity of the target”.

BBC

IS CONFLICT: DUTCH AIRSTRIKE KILLED ABOUT 70 PEOPLE IN IRAQ IN 2015

https://www.bbc.com/news/world-europe-50286829

[8]

Hawija (Arabic: الحويجة, Al-Ḥawīja‎) is the centre of Al-Hawija District in the Kirkuk province of Iraq, 45 km west of Kirkuk, and north of Baghdad. The town has a population of about 100,000 inhabitants.”

WIKIPEDIA

HAWIJA

https://en.wikipedia.org/wiki/Hawija

[9]

NOS

IN HAWIJA IS NIEMAND DE NEDERLANDSE BOMAANVAL VERGETEN 

18 OCTOBER 2019

https://nos.nl/artikel/2306655-in-hawija-is-niemand-de-nederlandse-bomaanval-vergeten.html

[10]

””Midden in de wijk stond ooit een grote opslagloods van de gemeente. Die was het doelwit van de coalitie. De loods was door terreurgroep IS in gebruik genomen om munitie in op te slaan’

NOS

IN HAWIJA IS NIEMAND DE NEDERLANDSE BOMAANVAL VERGETEN 

18 OCTOBER 2019

https://nos.nl/artikel/2306655-in-hawija-is-niemand-de-nederlandse-bomaanval-vergeten.html

[11]

1 – Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their

lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely

without any adverse distinction.

7 – Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to

spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the

object of attack. 

Attacks shall be directed solely against military objectives.

BASIC RULES OF INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICTS 

https://www.icrc.org/en/doc/resources/documents/misc/basic-rules-ihl-311288.htm

[12]

Jurisdiction

The Court may exercise jurisdiction in a situation where genocide, crimes against humanity or war crimes were committed on or after 1 July 2002

ICC

HOW THE COURT WORKS/LEGAL PROCESS

https://www.icc-cpi.int/about/how-the-court-works/Pages/default.aspx#legalProcess

[13]

Jurisdiction

The Court may exercise jurisdiction in a situation where genocide, crimes against humanity or war crimes were committed on or after 1 July 2002 and:

  • the crimes were committed by a State Party national, or in the territory of a State Party, or in a State that has accepted the jurisdiction of the Court

ICC

HOW THE COURT WORKS/LEGAL PROCESS

https://www.icc-cpi.int/about/how-the-court-works/Pages/default.aspx#legalProcess

[14]

Rome Statute of the International Criminal Court18 Jul 199817 Jul 2001
(Acceptance)
 

UNIVERSITY OF MINNESOTALIBRARY OF HUMAN RIGHTSRATIFICATION OF INTERNATIONAL HUMAN RIGHTS TREATIES/NETHERLANDS

http://hrlibrary.umn.edu/research/ratification-netherlands.html

[15]

Complementarity

The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases only when States do not are unwilling or unable to do so genuinely.

ICC

HOW THE COURT WORKS/LEGAL PROCESS

https://www.icc-cpi.int/about/how-the-court-works/Pages/default.aspx#legalProcess

[16]

”Het OM heeft eigenstandig besloten feitenonderzoeken in te stellen naar vier gevallen, inclusief de drie door Defensie onderzochte gevallen. Hierover is uw Kamer openbaar en vertrouwelijk geïnformeerd. Zoals met uw Kamer gedeeld, hecht het kabinet aan open en transparante communicatie over inzet, ook wanneer dit slecht nieuws is. Dat geldt bij uitstek ook voor de uitzonderlijke gevallen waar mogelijk sprake is van burgerslachtoffers door Nederlandse wapeninzet. Daarom hecht het kabinet er aan uw Kamer over deze specifieke gevallen te informeren. In algemene zin blijft de afweging tussen transparantie en nationale en operationele veiligheid leidend. Het OM onderzocht de volgende vier gevallen, waarbij zoals gezegd in geen geval aanleiding was voor een vervolgonderzoek”

MEDEDELING AAN DE TWEEDE KAMER OVER DE BOMAANVAL OP HAWIJA EN DE ONTWIKKELINGEN ROND DE ANTI ISIS COALITIE

http://content1b.omroep.nl/urishieldv2/l27m677e797b0a39d024005e63ac48000000.df389e427806cc57454a8a856b1f7358/nos/docs/181019_kamerbrief.pdf

TRANSLATION IN ENGLISH

The public prosecution service has independently decided to investigate four cases,included  three cases that were investigated by the ministry of Defence over which your Parliament has been informed confidently and publicly.As has  been shared with your Parliament, the cabinet finds it very important to share open and transparent communication, even when the news is bad.This is also explicitly the case, in the exceptional cases when there are possible civilian victims due to Dutch military operations.That’s why the cabinet finds it very important to inform your Parliament about those specific cases.In general, the consideration between transparency and national security is leading.The  public prosecution service has investigated the following four cases and saw no reason for a follow-up investigation”
STATEMENT TO THE PARLIAMENT ABOUT THE BOMB ATTACK ON HAWIJA AND THE DEVELOPMENTS CONCERNING THE ANTI ISIS COALITION
http://content1b.omroep.nl/urishieldv2/l27m677e797b0a39d024005e63ac48000000.df389e427806cc57454a8a856b1f7358/nos/docs/181019_kamerbrief.pdf

[17]

The seven fundamental rules which are the basis of the Geneva Conventions and the Additional Protocols.  

 
 1 – Persons hors de combat and those who do not take a direct part in hostilities are entitled to respect for their

lives and their moral and physical integrity. They shall in all circumstances be protected and treated humanely

without any adverse distinction.

 2 – It is forbidden to kill or injure an enemy who surrenders or who is hors de combat .

 3 – The wounded and sick shall be collected and cared for by the party to the conflict which has them in its power.

Protection also covers medical personnel, establishments, transports and equipment. The emblem of the red

cross or the red crescent is the sign of such protection and must be respected.

 4 – Captured combatants and civilians under the authority of an adverse party are entitled to respect for their lives,dignity, personal rights and convictions. They shall be protected against all acts of violence and reprisals. They shall have the right to correspond with their families and to receive relief.

 5 – Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held responsible for an act he has not committed. No one shall be subjected to physical or mental torture, corporal punishment or cruel or degrading treatment.

 6 – Parties to a conflict and members of their armed forces do not have an unlimited choice of methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a nature to cause unnecessary losses or excessive suffering.

 7 – Parties to a conflict shall at all times distinguish between the civilian population and combatants in order to

spare civilian population and property. Neither the civilian population as such nor civilian persons shall be the

object of attack. Attacks shall be directed solely against military objectives.

BASIC RULES OF INTERNATIONAL HUMANITARIAN LAW IN ARMED CONFLICTS 

https://www.icrc.org/en/doc/resources/documents/misc/basic-rules-ihl-311288.htm

Reacties uitgeschakeld voor Dutch bomb killed seventy in Iraq/Letter to the International Criminal Court about Dutch warcrimes in Iraq

Opgeslagen onder Divers

US airstrike kills top Iran general, Qassem Soleimani at Baghdad Airport/US liquidation of Iran’s general Soleimani is state terrorism

DAUGHTER OF LIQUIDATED GENERAL SOLEIMANI

US AIRSTRIKE KILLS TOP IRAN GENERAL, QASSEM SOLEIMANI AT BAGHDAD AIRPORT/US LIQUIDATION OF IRAN’S GENERAL SOLEIMANI IS STATE TERRORISM
INTRODUCTION:
Again, dear readers, wishing you a Happy, Healthy and Prosperous New Year!
https://www.astridessed.nl/happy-new-year-6/

Unfortunately however, the New Year did not start peacefully, with the US liquidation of Iran’s general Soleimani [1], being an extrajudicial execution and adding to the many crimes of Superpower USA. 
Besides:What is there to be expected from rogue president Trump, who makes is as a sport to violate International Law? [2]Also it is an utter scandal, that the Dutch government, which is bound to promote the International Legal Order [article 90, Dutch Constitution] [3], has declared, in the words of the Dutch minister of Defense, mrs Bijleveld, to ”understand” the liquidation of Iran’s general Soleimani! [4]I will write them about that, but that’s another story.
Back to USA/Trump:
Your Avenger of injustice would not have been your Avenger of injustice, if she would not have taken action:
This time by a Letter to the Editor, which I have sent to a number of American, British and other international papers.I did the same with a Dutch Letter to the Editor, sending it to Dutch and Belgian newspapers.
Since I, of course, don’t know, whether it is published at all, hereby I share the Letter with you.
See firstly the Letter,Then, below, the notes, belonging to this Introduction piece.
ENJOY READING!

Astrid EssedAmsterdam

A

LETTER TO THE EDITOR, SENT TO AMERICAN, BRITISH AND OTHER INTERNATIONAL NEWSPAPERS:

US LIQUIDATION OF IRAN’S GENERAL SOLEIMANI IS STATE TERRORISM
Letter to the Editor

Dear Editor,

Unfortunately, this New Year has begun far from peaceful with ”thanks” to the US liquidation of Iran’s general Soleimani on the orders of president Trump.This liquidation is an act of war against Iran and will have dangerous consequences with very probably as main victims Iranian and Iraqi civilians, but also it endangers the chances of terrorist attacks, as in the USA as in countrieswhich agree with this insane Trump adventurism. But there is more:This liquidation of general Soleimani with six other victims like  a high profile Iraqi military is a serious violation of International Law.To say it like it is:The USA is not at war with Iran [in which case Soleimani, as a combatant, would have been a ”legitimate” target], neither Soleimani launched an attack on American territory.And since there was no proof whatsoever of an ”imminent threat” [apart from not proven allegations of Trump] this is an assassination maffia style.Because rocket attacks on political enemies, also called ”extrajudicial executions” are a flagrant violations of the right to life, as the right to a fair and independent trial.And I am not alone in this:Recently Agnes Callamard, UN Special Reporteur on Extrajudicial, Summary or Arbitrary Executions has criticized the liquidation as illegal and contrary with International Law.Now I certainly am no adherent of the Iran regime, because of its systematic violations of human rights, neither of the role of mr Soleimani [being a strong supporter of the Syrian dictator Assad], but human rights are human rights, regardless, and the liquidation of human being without any trial is illegal.Therefore it is a shame, that the Dutch government has declared to ”understand” the Soleimani liquidation and it only shows, how little respect this Rutte III Dutch government has for the International Law that she is obliged to advance, according to article 90, Dutch Constitution.

Astrid EssedAmsterdamThe Netherlands

B

NOTES, BELONGING TO ”INTRODUCTION”

[1]
NBC NEWSUS AIRSTRIKE KILLS TOP IRAN GENERAL, QASSEM SOLEIMANI AT BAGHDAD AIRPORT  
4 JANUARY 2020
https://www.nbcnews.com/news/world/airstrike-kills-top-iran-general-qassim-suleimani-baghdad-airport-iraqi-n1109821

[2]

TWO EXAMPLES OF PRESIDENT TRUMP, VIOLATING INTERNATIONAL LAW

FIRST EXAMPLE
A
BBCJERUSALEM IS ISRAEL’S CAPITAL, SAYS DONALD TRUMP6 DECEMBER 2017
https://www.bbc.com/news/world-us-canada-42259443

THIS TRUMP STRAPATZ IS IN  VIOLATION WITH UN SECURITY RESOLUTION 478

WIKIPEDIA

UNITED NATIONS SECURITY COUNCIL RESOLUTION 478

https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_478

FULL TEXT RESOLUTION

The Security Council,

Recalling its resolution 476 (1980),

Reaffirming again that the acquisition of territory by force is inadmissible,

Deeply concerned over the enactment of a “basic law” in the Israeli Knesset proclaiming a change in the character and status of the Holy City of Jerusalem, with its implications for peace and security,

Noting that Israel has not complied with resolution 476 (1980),

Reaffirming its determination to examine practical ways and means, in accordance with the relevant provisions of the Charter of the United Nations, to secure the full implementation of its resolution 476 (1980), in the event of non-compliance by Israel,

1. Censures in the strongest terms the enactment by Israel of the “basic law” on Jerusalem and the refusal to comply with relevant Security Council resolutions;

2. Affirms that the enactment of the “basic law” by Israel constitutes a violation of international law and does not affect the continued application of the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, in the Palestinian and other Arab territories occupied since June 1967, including Jerusalem;

3. Determines that all legislative and administrative measures and actions taken by Israel, the occupying Power, which have altered or purport to alter the character and status of the Holy City of Jerusalem, and in particular the recent “basic law” on Jerusalem, are null and void and must be rescinded forthwith;

4. Affirms also that this action constitutes a serious obstruction to achieving a comprehensive, just and lasting peace in the Middle East;

5. Decides not to recognize the “basic law” and such other actions by Israel that, as a result of this law, seek to alter the character and status of Jerusalem and calls upon:

(a) All Member States to accept this decision;

(b) Those States that have established diplomatic missions at Jerusalem to withdraw such missions from the Holy City;

6. Requests the Secretary-General to report to the Security Council on the implementation of the present resolution before 15 November 1980;7. Decides to remain seized of this serious situation.

https://en.wikipedia.org/wiki/United_Nations_Security_Council_Resolution_478#Full_text_of_Resolution_478

SEE ALSO

https://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/IP%20SRES%20478.pdf

SECOND EXAMPLE

B

BBC

US SAYS ISRAELI SETTLEMENTS ARE NO LONGER ILLEGAL

18 NOVEMBER 2019

https://www.bbc.com/news/world-middle-east-50468025

THIS SECOND TRUMP STRAPATZ IS A FLAGRANT VIOLATION OF INTERNATIONAL LAW, DECLARING ALL ISRAELI SETTLEMENTS IN THE OCCUPIED PALESTINIAN TERRITORIES ILLEGAL 

THE ILLEGALITY OF THE ISRAELI SETTLEMENTS

THIS IS WHAT INTERNATIONAL LAW SAYS

”The Fourth Geneva Convention prohibits an occupying power from transferring citizens from its own territory to the occupied territory (Article 49).

The Hague Regulations prohibit an occupying power from undertaking permanent changes in the occupied area unless these are due to military needs in the narrow sense of the term, or unless they are undertaken for the benefit of the local population.”

BTSELEM.ORG

SETTLEMENTS

https://www.btselem.org/ settlements

”Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.”

ARTICLE 49, FOURTH GENEVA CONVENTION

https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=77068F12B8857C4DC12563CD0051BDB0

SEE ALSO

FOURTH GENEVA CONVENTION:

CONVENTION (IV)  RELATIVE TO THE PROTECTION OF

CIVILIAN PERSONS IN TIME OF WAR, GENEVA, 12 AUGUST 1949

https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?documentId=AE2D398352C5B028C12563CD002D6B5C&action=openDocument

THE HAGUE CONVENTION 1907

https://www.loc.gov/law/help/us-treaties/bevans/m-ust000001-0631.pdf

[3]

DUTCH CONSTITUTION

ARTICLE 90

The Government shall promote the development of the international legal order

https://www.rechtspraak.nl/SiteCollectionDocuments/Constitution-NL.pdf  [4]

DUTCH REVIEWDUTCH GOVERNMENT ”UNDERSTANDS” US ASSISSINATION OF SOLEIMANI, BUT WANTS FURTHER EXPLANATION

On the TV program Op1, Dutch Defense Minister, Bijleveld, says she understands why the US killed Soleimani and nodded to the awful atrocities Iran is responsible for, NOS reports. Nonetheless, the Netherlands, as a member of NATO, is focussed on de-escalation. 

“A real crook”

Bijleveld described Soleimani as “a real crook” and discussed his involvement in the war in Syria as commander of the Quds Force.But she went on to acknowledge that the assassination of the leader created “a very fragile situation” and emphasised that NATO members are well aware of the potential retaliation from Iran.

Must focus on de-escalation

However, the minister said the Dutch government are focussed on de-escalation. Bijleveld referred to statements made by Stoltenberg, the secretary of NATO, who also stressed the drone strike was a decision made solely by the US and is not endorsed by NATO.

The Netherlands wants explanation from United States Government

Bijleveld believes the Netherlands and other countries should have been informed of the attack before it happened.

The Netherlands wants the United States to provide a “legal basis” for such a major decision. The US claim the attack on the Iranian general was “self-defense”.

In a letter sent to the House of Representatives, the cabinet says the Netherlands “will underline Iran’s negative influence on regional stability and point out the importance of Iraq’s sovereignty and territorial integrity” during the upcoming meeting between EU foreign leaders scheduled for Friday.

Reacties uitgeschakeld voor US airstrike kills top Iran general, Qassem Soleimani at Baghdad Airport/US liquidation of Iran’s general Soleimani is state terrorism

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Egyptian feminist Mona Eltahawy fights Islamophobia/Cancels her talk in the Islamophobic debating centre De Balie, Amsterdam

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MONA ELTAHAWY

It was one particular event that took place at De Balie (that was brought to my attention on Saturday) which began a closer look for me at the centre and made me question whether I wanted to speak there. I explain my position ??. I hope to return to soon.

7:48 AM – 22 Apr 2019

For those asking “Why cancel your appearance over one event”: 1. That “one event” was bad enough 2. That event inspired a closer look at the centre & what it represents 3. Only white people can play “free speech” & “debate all ideas” game. I am not white. This is not theoretical

 

EGYPTIAN FEMINIST MONA ELTAHAWY FIGHTS ISLAMOPHOBIA/
CANCELS HER TALK IN THE ISLAMOPHOBIC DEBATING CENTRE DE BALIE, AMSTERDAM
INTRODUCTION:
Dear Readers,
Hereby I share with you a Shout Out Letter to the Egyptian feminist Mona
Eltahawy for her cancelling of her talk in the debating centre De Balie in Amsterdam.
Background

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Reacties uitgeschakeld voor Egyptian feminist Mona Eltahawy fights Islamophobia/Cancels her talk in the Islamophobic debating centre De Balie, Amsterdam

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[Article of John Pilger]/The Assange arrest is a warning from history

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THE ASSANGE ARREST IS A WARNING FROM HISTORY

The glimpse of Julian Assange being dragged from the Ecuadorean embassy in London is an emblem of the times. Might against right. Muscle against the law. Indecency against courage. Six policemen manhandled a sick journalist, his eyes wincing against his first natural light in  almost seven years.

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Reacties uitgeschakeld voor [Article of John Pilger]/The Assange arrest is a warning from history

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Israeli occupation and Palestinian rights/Letter to the members of the Dutch parliament

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ETHNIC CLEANSINGS IN PALESTINA, 1948
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Image result for Destruction of Gaza/Images
Image result for Destruction of Gaza/Images
DESTRUCTION OF GAZA
Since late 2015, 249 Palestinians have been killed in Israel and the Palestinian territories [File: EPA]
DAILY TERROR OF THE ISRAELI ARMY IN THE OCCUPIED
PALESTINIAN TERRITORIES, NO EXCEPTION, THE RULE!
ISRAELI OCCUPATION AND PALESTINIAN RIGHTS/LETTER
TO THE MEMBERS OF THE DUTCH PARLIAMENT
INTRODUCTION:
Dear Readers,
Underlying letter has been sent, in Dutch, to the members of the
Dutch parliament [House of Commons] [1], except for the
fascist parties the Party for Freedom and the Forum
for Democracy. [2]
This letter has also not sent  to the SGP [abbreviation of
Staatkundig Gereformeerde Partij], a Dutch christian
fundamentalist party, which is fanatical pro
zionist.
SEE THE ENGLISH TRANSLATION [ESPECIALLY
FOR YOU!] OF MY LETTER UNDER THE NOTES

 

 

 

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Reacties uitgeschakeld voor Israeli occupation and Palestinian rights/Letter to the members of the Dutch parliament

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The Great Return March/Israel massacres unarmed protesters in Gaza/Letter to the EU

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CRIMES OF THE ISRAELI OCCUPATION
POWER
DESTRUCTION OF GAZA
Since late 2015, 249 Palestinians have been killed in Israel and the Palestinian territories [File: EPA]

DAILY TERROR

THAT ‘S THE WAY PALESTINIANS ARE TREATED BY

THE ISRAELI OCCUPATION ARMY, DAY BY DAY……

RULE, NO EXCEPTION…..

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ILLEGAL SETTLEMENTS
ACCORDING TO INTERNATIONAL LAW, ALL SETTLEMENTS
IN THE OCCUPIED PALESTINIAN TERRITORIES ARE ILLEGAL
Image result for Israel massacres Gaza protesters/Images
ONE OF THE MANY VICTIMS OF THE ISRAELI MASSACRE
OF UNARMED PROTESTERS IN GAZA

02 JUN
4:20 AM

 

HERE ONE OF THE MANY VICTIMS OF ISRAELI SLAUGHTER:
RAZAN ASHRAF NAJJAR, A 22 YEARS OLD MEDIC
VOLUNTEER, WHO WAS KILLED BY ISRAELI MILITARY
ON FRIDAY 1 JUNE, WHILE PROVIDING TREATMENT TO
WOUNDED PALESTINIANS…..
HOW LONG WILL THE EU CONTINUE TO SUPPORT THE CRIMES OF
THE ISRAELI OCCUPATION?

 

 

THE GREAT RETURN MARCH/ISRAEL MASSACRES
UNARMED PROTESTERS IN GAZA/LETTER TO THE EU
TO
MRS F MOGHERINI
HIGH REPRESENTATIVE OF THE UNION FOR
FOREIGN AFFAIRS AND SECURITY POLICY
AND
VICE PRESIDENT OF THE COMMISSION
Subject:
EU defense of Israeli crimes

 

 

 

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Reacties uitgeschakeld voor The Great Return March/Israel massacres unarmed protesters in Gaza/Letter to the EU

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Stadtepartnerschaft Andernach Dimona/Letter to the mayor of Andernach about the relationship with Israeli sister city Dimona

 

DESTRUCTION OF GAZA
ISRAELI SETTLEMENTS IN THE OCCUPIED PALESTINIAN
TERRITORIES
ILLEGAL ACCORDING INTERNATIONAL LAW
NO SEA TO HIGH FOR ISRAELI OCCUPATION STATE
ETHNIC CLEANSINGS, LANDROBBERY [ILLEGAL SETTLEMENTS] AND WARCRIMES
TO THE MAYOR OF ANDERNACH
MR A HUTTEN
Subject:
The alliance between your city Andernach and the Israeli city
Dimona
Dear Mr Hutten,
I’ve recently learnt, that your city, Andernach  and the Israeli city Dimona
are twin cities since 1975. [1]
Not only Dimona, with its nuclear Research Centre, is a threat to peace and
humanity [2], there is a horrendous racism, reason enough
 for you to break all ties immediately.
To that racism I refer later.
First this:
ISRAELI OCCUPATION, OPPRESSION AND HUMAN RIGHTS VIOLATIONS
Dimona, as a city  is not only part of the Israeli occupation State,
but by its nuclear involvement also an destructive military guardian
of the occupation.
Occupation State Israel is systematically violating the rights of the
occupied Palestinians.
The list is long, but here some horrible examples:

 

 

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Reacties uitgeschakeld voor Stadtepartnerschaft Andernach Dimona/Letter to the mayor of Andernach about the relationship with Israeli sister city Dimona

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