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Discussion between Human Rights Organizations and Preventive Security Forces about Palestine’s obligations to UN Convention against Torture

The Center for Defense of Liberties and Civil Rights “Hurryyat,” along with the Independent Commission for Human Rights, initiated a round table meeting with the participation of the Preventive Security Forces, the Human Rights Organizations Council, and the Palestinian Coalition against Torture discussing Palestine’s obligations following the accession to the United Nations Convention against Torture (UNCAT) and ways of improving the performance of Palestine regarding this matter at all levels.

A number of recommendations ensued from the meeting mainly the significance of prohibiting torture following the Palestinian Basic Law, developing mechanisms of tracking and monitoring through conducting visits to interrogation and detention centers, and the importance of adapting the Palestinian legislations and the Penal Code to the UNCAT standards, in order to realize a Palestinian society free from torture.

The participants affirmed their commitment to enhance and reinforce communication between the Human Rights Organizations and the Preventive Security Forces to address any possible cases of torture for what this issue represents as a national necessity in context of the recent diplomatic, political and legal challenges facing Palestine in ending the occupation and holding perpetrators accountable for their crimes.




“Hurryyat” calls for submitting prisoners’ files to the International Criminal Court

The Center for Defense of Liberties and Civil Rights “Hurryyat” calls the Palestinian leadership to include the files of prisoners within a list of the litigations that the state of Palestine intends to submit to the International Criminal Court against the crimes and violations of the Israeli occupation authorities upon the rights of prisoners.

Hurryyat affirms that the deliberate torture and the purposeful damage to physical health and safety that prisoners in the Israeli jails are subject to, is considered a war crime based on article 8 of the International Criminal Court’s statute.

Hurryyat believes that addressing the International Criminal Court regarding these crimes accommodates the demands of the prisoners’ movement to provide urgent intervention to protect prisoners from any violations of human rights that are guaranteed by the Humanitarian International Law and conventions of Human Rights.




Israel above the law: PHROC strongly condemns Israeli efforts to obstruct justice

The Palestinian Human Rights Organisations Council (PHROC) condemns in the strongest terms Israel’s latest and unfortunately, far too common attempt to obstruct the work of international human rights and justice mechanisms in investigating Israeli violations of international law against the Palestinian population. The latest charade put up by Israel is an attempt to undermine an investigative report that will be published in March by a UN-established Commission of Inquiry looking into violations of international law carried out in occupied Palestine relative to military operations that took place from 13 June 2014 (the Commission). In this attempt, Israel seeks to cover up crimes committed against the Palestinian people last summer by accusing the Chairperson of the Commission, Professor William Schabas, of bias. The accusations are based on a legal opinion that Schabas had provided for the Palestine  Liberation Organization (PLO) in 2012. This legal opinion, the existence of which had been fully disclosed to the President of the Human Rights Council (HRC), was one of many that he had produced in his capacity as a renowned expert on international criminal law for different states and organizations over the years.

Professor Schabas made the decision to resign, in an effort to prevent the findings from being overshadowed by the Israeli allegations, which are a clear and disingenuous attempt to discredit the report of the Commission. The Commission will present its report at the upcoming HRC session in March and will provide strong legal argumentation, supported by hundreds of documented cases to show that Israel may have committed war crimes and crimes against humanity, and committed grave breaches of international humanitarian law last summer in occupied Palestine. While PHROC commends the Commission and its continued work, it is extremely disappointed that the HRC has allowed Israel to monopolise its work and decisions.

Israel undermines the work of the HRC and other UN mechanisms on a regular basis. In the last year alone, for example the UN Special Rapporteur on violence against women, Rashida Manjoo and the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Makarim Wibisono were both denied entry into occupied Palestine by Israel. The non-cooperation with UN mechanisms is an ongoing issue and ranges from refusing to allow UN officials and independent experts to enter occupied Palestine, to formally announcing the decision to suspend contact with UN bodies, as was done in May 2012 when Israel suspended its contact with the Office of the High Commissioner for Human Rights, the HRC and its mechanisms.

Israel’s moves at the UN level should be viewed within the context of its ongoing refusal to respect the decisions, resolutions and mechanisms of the UN. Consecutive Israeli governments have refused to recognise the State’s obligations under international human rights law with regard to the Palestinian population, obligations repeatedly reaffirmed by UN treaty bodies. Israel also rejects the de jureapplicability of the Fourth Geneva Convention, incumbent upon it as an Occupying Power, in defiance of numerous UN resolutions, the 2004 International Court of Justice Advisory Opinion on the Wall in occupied Palestine and indeed countless statements issued by governments worldwide to that effect.

In a similar manner to its refusal to cooperate with the current Commission, in 2009 Israel declined to cooperate with the UN Fact-finding Mission on the Gaza Conflict, headed by Justice Richard Goldstone, despite repeated calls for engagement by Israel. More recently, in 2012, the UN Fact-finding Mission on Israeli Settlements was denied entry into occupied Palestine to collect testimonies. The Mission joined a long and growing list of UN Special Rapporteurs and other UN experts, to whom Israel has also refused entry. This also includes non-cooperation with the 1968  UN Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories.

Israel’s obstructive behaviour which seeks to undermine and weaken international human rights and justice mechanisms such as the HRC, goes largely unchallenged and gives the impression that Israel is being provided with preferential treatment. These acts also create potentially dangerous precedents for other States who may seek to obstruct the passage of justice at the UN level. Within this context, PHROC reiterates that the HRC must take action, including by supporting moves towards sanctions, to ensure that Israel’s wilfully obstructive actions and continued non-cooperation with UN mechanisms are brought to an end.

Finally, an oppressor cannot choose its judges. Other international justice mechanisms, including the International Criminal Court, were established by the international community in an effort to bring an end to impunity for international crimes. These mechanisms were intended to provide a fair and universal accountability tool for those in need of justice. Israel, like other States, must respect these mechanisms and must not be allowed to remain above the law. Israel’s contempt for such mechanisms undermines efforts to ensure that access to justice is stronger and more effective for all.

Human rights and justice mechanisms should not be undermined by single-State interests. To that end, PHROC urges the HRC State members to endorse and fully support the report of the Commission. In particular, we ask the EU to actively participate in all agenda items of the HRC, including Item 7. Such EU participation in Item 7 would ensure that it cohesively and comprehensively ensures that its Israeli partner abides by international law and would set the right example in defence of human rights and justice mechanisms.

 




General Intelligence Directorate Workshop Concerning the Accession of Palestine to UN Convention against Torture

The Center for Defense of Liberties and Civil Rights “Hurryyat” engages in an educational meeting and dialogue with the general intelligence directorate as part of Hurryyat’s pursuit of enforcing and committing to the laws of Human rights, and working through the most suitable and fair means under the umbrella of international humanitarian law and the international human rights law.

The meeting witnessed the participation of representatives from human rights organizations and intelligence officers, who discussed, along with the trainer and Counsel Rezeq Shuqair the convention of torture and its implications upon the responsibilities of Palestine as a state.

Shuqair defined the legal framework adopted by the Palestinian Authority and its security forces and human rights organizations, but particularly focused on the international humanitarian law, the human rights instruments, and the behavior of the employees in charge of enforcing the law.

Discussions revolved around the existing Penal Code and its relevance to the articles constituting the crime of torture and mistreatment. Coming meetings were scheduled for focusing on adapting Palestinian legislations to the UN convention against torture, and taking the necessary steps for maintaining legal obligations.

The participants confirmed that the laws of the general intelligence conform with and respect human rights and international treaties, and the workshops proved to have positive outcomes in developing their performance. In return, the general intelligence directorate stressed their willingness to strengthen relations with the human rights organizations for the sake of greater justice in Palestine.




An Open Dialogue between Human Rights Organizations and General Intelligence Agency leadership

The Center for Defense of Liberties and Civil Rights “Hurryyat” initiated a round table meeting today in participation of a number of Human Rights Organizations Council managers, the Palestinian Coalition against Torture and the General Intelligence Agency leadership discussing Palestine’s obligations after the accession to the UN Convention against Torture and the cooperation mechanisms to actions of torture, and holding violators accountable. Some important interventions and in depth conversations took place during the meeting leading to the following recommendations:

1. The importance of harmonizing the Palestinian national legislatives and the Palestinian Penal Procedures Law in particular in addition to the bylaws of security departments to the UNCAT standards.

2. Enhancing and reinforcing the relationship with the General Intelligence Agency to guarantee a successful follow up to complaints of inhuman treatment of torture practices based on a clear defined mechanism.

3. Implementing abrupt and surprise lawyer’s visits to interrogation and detention centers.

4. Maintaining meetings, workshops and training sessions with the General Intelligence Agency to develop the performance of the staff in accordance to human rights and dignity.

Attendees committed to follow up the arising recommendations as it involves the Palestinian national interest and a justified right in context of the recent diplomatic, political and legal challenges that Palestine is facing towards freedom and independence.




Hurryyat: The International Criminal Court Prosecutor’s decision to open a preliminary investigation is a step in the right direction

The Center for Defense of Liberties and Civil Rights “Hurryyat” welcomes the International Criminal Court attorney general Fatou Bensouda’s decision to start a preliminary investigation regarding the crimes committed by the Israeli occupation authorities towards the Occupied Palestinian Territory within the International Criminal Court’s authority. The center hopes that this step will be the foundation for further investigations in the fatal Israeli crimes, especially after Palestine’s accession to the Rome Statute valid as of April, 2015.

Hurryyat considers this decision a concrete foundation to creating a new phase in holding perpetrators accountable for their crimes as the basic International Law states. This explains the hesitation and the furious reactions among the Israeli occupation and its allies in the international arena.

While Hurryyat Center acknowledges Palestine’s accession to the Rome, it also calls the Palestinian Leadership to proceed with its legal fight to the end, take any necessary measures to progress the Israeli crimes’ documented files and submit it to the ICC. A national legal committee for this cause will be a plus.

Moreover, Hurryyat calls the international and human rights organizations to show solidarity with and support to the Palestinian people in their defense to gain their rights and achieve liberty and independence.




PHROC Raises Serious Concerns Regarding the Development of Master Plans Requiring Israeli Approval in Area C of the West Bank

The Palestinian Human Rights Organisations Council (PHROC) calls on all third States and the State of Palestine to carry out thorough risk assessments before funding or facilitating the development of Master Plans in Area C that require prior Israeli approval. By basing the development of these Master Plans on Israeli Civil Administration (ICA) approval, donors are implicitly recognising Israel’s unlawful planning regime in Area C and risk furthering the associated violations of international law, including the construction and expansion of settlements, the destruction of Palestinian property, the forcible transfer of Palestinian residents, the violation of various human rights obligations and the acquisition of territory through the use of force.

click here to download the complete report: http://demo.hurryyat.net/wp-content/uploads/2019/01/PHROC_Raises_Serious_Concerns.pdf




PHROC: Palestinian leadership must base any Security Council resolution on international law

Ahead of the submission of a United Nations Security Council resolution on ending the occupation, the Palestinian Human Rights Organization Council (PHROC) urges the Palestinian leadership to ensure that any proposed resolution is in conformity with international legal standards and will not permit the circumvention of international law in a political settlement .

PHROC reminds the Palestinian leadership of its previous call to guarantee that a political settlement is in line with international standards, and notes the absence of international law as a basis for previous Palestinian-Israeli agreements. The proposed resolution must be rooted in the law for a just, impartial, and transparent settlement to the conflict. Accordingly, the resolution must adhere to standards that are in conformity with the United Nations Charter (UN), previous UN resolutions, and international humanitarian and human rights law. Relevant decisions and opinions of the International Court of Justice may also be used as a reference.

A resolution that allows for the circumvention of international law, such as one that permits land swaps, may jeopardize fundamental Palestinian rights, including: the establishment of East Jerusalem as the capital of a Palestinian state, the right to Palestinian permanent sovereignty over their natural resources and wealth, and the right of return for Palestinian refugees. Moreover, any resolution should not limit the right of Palestinians to seek justice for past and continued violations of international humanitarian and human rights law.

In light of previous resolutions on Palestine and the difficulty of transforming words into action, the resolution must not only establish a time frame for ending Israel’s occupation, but it must also establish a mechanism to ensure its implementation. Without such a mechanism, the resolution will likely be ineffective.

 

 




The dangers of decontextualising East Jerusalem: CCPRJ and PHROC urge the international community to address Israel’s responsibility as an Occupying Power

The Civic Coalition for Palestinian Rights in Jerusalem (CCPRJ) and the Palestinian Human Rights Organisations Council (PHROC) are deeply concerned about the ongoing escalation of violence against civilians in occupied East Jerusalem and the Occupied Palestinian Territory (OPT) at-large. This paper will illustrate that the driving force of this escalation is Israel’s belligerent occupation and continued violations of international law, which have undermined fundamental human rights of Palestinians in East Jerusalem and elsewhere in the OPT for the past 47 years. Whereas these Israeli violations have been a source of political and inter-communal tension and conflict for decades, the renewed Israeli effort for increased control of Al-Aqsa Mosque compound in the Old City of Jerusalem threatens to transform a political conflict into a “religious war”. Accordingly, immediate action by the international community is necessary to hold Israel accountable for violating its duty to protect and safeguard the human rights of the civilian population within the OPT, particularly within occupied East Jerusalem.

Click to Download Full report of :http://demo.hurryyat.net/wp-content/uploads/2019/01/CCPRJ_and_PHROC.pdf

 

 

 




Palestinian Human Rights Organizations Condemn Israel’s Ban on Access of International Independent Commission of Inquiry to Gaza

Human rights organizations are following up with utmost concern the developments related to the work of the International Independent Commission of Inquiry established by the UN Human Rights Council to investigate the latest offensive launched by Israeli occupation forces on the Gaza Strip. The organizations condemn the ban imposed by Israel, the occupying power, on the Mission’s access to the occupied Palestinian territory (oPt), especially the Gaza Strip – the scene of the crime.  They call upon the international community to take necessary action to exert pressure on Israel to prevent it from obstructing the Mission’s work and to compel it to allow Mission’s access to the oPt without any further delay.

Palestinian human rights organizations had welcomed the Resolution issued by the UN Human Rights Council on 23 July 2014, which called for dispatching “an international commission of inquiry… to investigate all violations of international humanitarian law and international human rights law in the oPt, including East Jerusalem, particularly in the occupied Gaza Strip, in the context of the military operations conducted since 13 June 2014…”[1] The organizations have expressed their willingness and readiness to cooperate with the Commission and provide it with all information they have concerning the investigations they have conducted into war crimes committed by Israeli forces against Palestinian civilians and their property and any other crimes that fall under the Commission’s mandate.

The organizations are aware of the unwearied and persistent efforts being made by the Commission to reach the oPt, especially the Gaza Strip, to assume its mandate in the major scene of the crime, but Israel has banned access of the Commission to the oPt.

The Commission is currently holding a series of meetings in Amman, the capital of Jordan, with civil society organizations, UN agencies, victims and eyewitnesses in the period 10-14 November 2014, pending its access to the Gaza Strip. Under the current situation, human rights organizations, victims and eyewitnesses in the Gaza Strip will not be able to participate in these meetings.

The signatories of this statement welcome the Commission and support its work and efforts, and:

  1. Express reservations for the unjustified delay in the formation of the Commission, as the resolution to establish it was issued23 July, 16 weeks ago and 11, and 11 weeks have passed since the end of the Israeli offensive on the Gaza Strip; this delay constitutes a major technical and professional mistake, especially in regards to the scene of the crime, evidence, weapons and victims.
  2. Stress that it is not possible to conduct an objective, professional and independent investigation without the actual presence of the Commission in the main scene of the crime – the Gaza Strip – and without first-hand view of the crimes committed against Palestinian civilians and civilian objects.
  3. Strongly condemn the ban imposed by Israel, the occupying power, on the Commission’s access to the oPt, especially the occupied Gaza Strip.
  4. Call upon the international community, especially the United Nations and Human Rights Council, to denunciate Israel’s blatant interference and prevention of the Commission’s access to the oPt, and hence obstructing its work.
  5. Believe that inviting human rights organizations, victims and eyewitnesses in the Gaza Strip to travel to Amman to meet with the Commission is impractical and impossible because of the blockade imposed by Israeli forces on the Gaza Strip.
  6. Reiterate their willingness and readiness to provide all the information and results of investigations they have when the Commission is allowed into the Gaza Strip.
  7. Stress that failing to promptly contain these problems and the continuous denial of the Commission’s access to the Gaza Strip will raise doubts concerning its work and undermine its credibility and that of the UN mechanisms.
  8. Believe that the absence from the scene of the crime is a disappointment for victims in the Gaza Strip as it sends them a clear message that there is no accountability and the crimes committed against them will go unpunished.
  9. Are fully confident that the Commission will make all possible efforts to overcome the difficulties it is facing because of being prevented by Israel from entering the oPt and the complications of the so-called “UN security procedures” in finding alternatives.
  10. Believe that failing to allow the Commission to assume its duties will raise questions as regarding the feasibility and efficiency of the UN human rights mechanisms.
  11. Call upon the UN Secretary-General and President of the Human Rights Council to declare Israel as the party that is obstructing the Commission’s work, and suggest practical steps to compel Israel to facilitate the Commission’s Work.
  12. Appreciate Egypt’s willingness to cooperate with the

 

 




PHROC Launches an Urgent Appeal Calling for International Intervention on Behalf of Palestinian Civilians in Gaza

The Palestinian Human Rights Organisations Council (PHROC) calls for an urgent intervention on behalf of the international community to protect civilian victims of the Israeli aerial bombardment and ground invasion – so-called “Operation Protective Edge” – in the Gaza Strip. As of 3 pm on 30 July, at least 1,263 Palestinian civilians had been killed, including 249 children, as a result of indiscriminate and disproportionate attacks carried out by Israel.

According to reports, Israeli forces undertook an aerial attack on a playground in Shati refugee camp on the beach front in Gaza City on Monday afternoon, killing at least 10 children and injuring at least 40 others. One hour earlier the very hospital that the injured from Shati refugee camp were transferred to – al-Shifa hospital – had also been hit by an Israeli strike; one of at least nine health facilities to be hit since 8 July. On Wednesday at least 19 Palestinian were killed and 90 injured when a United Nations (UN) girls’ school was shelled in the Gaza Strip. Last week, 15 people died and approximately 200 were wounded when a UN school in Beut Hanoun was hit. These accounts are mere samples of the Israeli attacks that have targeted civilians and civilian objects since 8 July and have claimed the lives of a devastating number of Palestinians.

According to customary international humanitarian law (IHL), the cardinal principle of distinction requires that the parties to a conflict always distinguish between civilians and civilian objectives on the one hand and combatants and military objectives on the other. Attacks may only be directed against combatants and military objectives. All persons and objects not falling into this category are entitled to protection against direct attacks, providing that they are not directly participating in hostilities. Intentionally directing attacks against civilian populations is a grave breach of the Geneva Conventions and is listed as a war crime in Article 8(2)(b)(i) of the Rome Statute of the International Criminal Court (ICC).

In the face of on-going Israeli attacks against civilians and civilian objects in the Gaza Strip and taking into account the failure of the UN Security Council to bring about an end to the hostilities, PHROC calls upon the General Assembly (GA) to resume the emergency special session initiated in April 1997 in order to issue “appropriate recommendations to Members for collective measures… to maintain or restore international peace and security”, in accordance with the “Uniting for Peace” resolution 377 A.

Ultimately, we urge all States, and the GA, to act now to end the impunity which persists in so much of the world when it comes to such egregious violations of international human rights and humanitarian law as have been documented in the Gaza Strip, both since 8 July 2014 and during “Operation Cast Lead” in January 2008 – December 2009 and “Operation Pillar of Defence” in November 2012. Continued impunity for the perpetrators of the most serious international crimes, including grave breaches of the Geneva Conventions, war crimes, and crimes against humanity, represents a significant threat to international peace and security, a situation which the GA must rapidly act to overcome.

 




PHROC Open Letter regarding the EU’s responsibility to stop Israel’s targeting of Palestinians in the Gaza Strip

Baroness Catherine Ashton, EU High Representative for Foreign Affairs and Security Policy

Ambassadors of the EU Political and Security Committee

 

Your Excellencies,

On 8 July 2014, the European Union (EU) issued a statement addressing the ongoing engagement of hostilities in the occupied Gaza Strip. In its short statement, the EU strongly condemned the “indiscriminate fire into Israel by militant groups in the Gaza Strip” and deplored the growing number of civilian casualties “caused by Israeli retaliatory fire”.

As of 14 July 2014 at 1 p.m,  Palestinian human rights organisations have documented the killing of 174 Palestinians, including 34 children and 28 women, in the context of ‘Operation Protective Edge’. According to Al Mezan’s initial investigations, 132 of the killed Palestinians are to be considered civilians. Furthermore, at least 1.051 Palestinians have sustained injuries and 1.302 houses have been destroyed or damaged. Al Mezan further specifies that 23 schools, 34 mosques, an ambulance centre, 13 NGO offices, 38 fishing boats and 5 hospitals were damaged or destroyed.

The Palestinian Human Rights Organisations Council (PHROC), a coalition of twelve Palestinian human rights organisations, are gravely concerned about Israel’s indiscriminate and disproportionate attacks against, already vulnerable, Palestinian civilians and civilian objects. The population of the Gaza Strip has been living under an Israeli imposed closure for the past seven years, constituting a form of collective punishment. As a result, 70 per cent of Palestinians in the Gaza Strip are dependent on humanitarian assistance and Palestinians have been hindered from recovering from damage and destruction caused during previous Israeli offensives, including ‘Operation Cast Lead’ and ‘Operation Pillar of Defense’.

The ongoing Israeli military attack erupted in the context of an already ongoing armed conflict and belligerent occupation. As such, Israel cannot rely on the right to self-defence within the meaning of Article 51 of the UN Charter and must instead act in accordance with the laws regulating the conduct of hostilities. In fact, considered against the backdrop of Israel’s widescale punitive military operation across the West Bank following the disappearance, and eventually the regrettably death,  of three Israeli settlers, the recent engagement of hostilities in the Gaza Strip indicates that a larger political agenda fuels Israel’s actions.

PHROC reiterates that international humanitarian law must be abided by all parties engaged in hostilities during armed conflict. The principle of distinction requires all parties to distinguish between civilians and combatants, as well as between civilian objects and military objectives.  Furthermore, the principle of proportionality dictates that launching an attack, which may be expected to cause incidental loss of civilian life, injury to civilians or damage to civilian objects, which would be excessive in relation to the concrete and direct military advantage anticipated, is prohibited. Failure to abide by these principles of international humanitarian law may result in the commission of war crimes. Considering recent attacks on Palestinian police stations, it must be emphasised that international humanitarian law holds that civil police officers who are responsible for regular police duties such as ordinary internal law enforcement or traffic regulation are defined as civilians.

In addition, Palestinian civilians in the OPT are protected persons under the Fourth Geneva Convention.  As an Occupying Power, Israel must ensure the welfare and safety of the occupied population and respect Palestinians’ right to life and dignity. As such, prior to launching a military attack Israel is obliged to provide “effective advance warning” of attacks that “may affect the civilian population” and take precautions in the choice of means and methods of attack with a view of avoiding and minimizing civilian casualties. The ‘roof-knocking method’ currently and previously employed by Israel, in which Israel warns Palestinian civilians of an upcoming airstrike by bombing their home, must be considered unlawful in and of itself due to the intentional and unnecessary damage caused to civilians’ homes and the unjustified threat to civilian lives that it poses. Worse even, Palestinian civilians have been killed by ‘warning missiles’ during the recent round of hostilities, including at least three women. On 13 July 2014, 15-year old Ibrahim An-Najjar was killed by a ‘warning missile’. These methods of advance warning cannot be considered effective and the fact that Israel allegedly ‘warns’ civilians of upcoming attacks does not absolve Israel from its obligation to comply with the principles of distinction and proportionality.

By their own admission, Israel has thus far intentionally targeted Palestinian civilians and homes. For example, on 8 July, the Israeli army spokesperson announced that the Israeli military had deliberately bombed four homes of persons defined by Israel as senior Hamas activists.[1] According to international customary law, a permissible military objective is “limited to those objects which by their nature, location, purpose or use make an effective contribution to military action […or] or offers a definite military advantage”[2]. In these instances, the punitive targeting of the family homes of persons that may have links with armed groups and that are additionally not taking active part in hostilies, cannot be considered permissible.

Considering the privileged and historic relationship between Israel and the European Union and its Member States,  the European Union is in a powerful position to exert pressure on Israel to bring to an end its continued violations of international humanitarian law. Moreover,  as High Contracting Parties to the Fourth Geneva Convention, individual EU member states must ensure that Israel complies with its obligations under the same Convention.  By the same token, the European Union has committed itself to address third states’ compliance with international humanitarian law. The EU Guidelines on Promoting Compliance with International Humanitarian Law, provides a host of operational measures that the EU should undertake to fulfill its own commitments, including issuing demarches and public statements and undertaking restrictive measures.

PHROC notes that the international community’s failure to ensure that Israel does not violate the rights of Palestinians during previous military attacks; the lack of pressure exerted on Israel to hold to account perpetrators of grave breaches of the Geneva Conventions and international crimes; the non-compliance with the legal obligation to search for persons alleged to have committed , or to have ordered to be committed, grave breaches of the Fourth Geneva Convention and bringing them before their own courts in accordance with Article 146 of the Fourth Geneva Convention; and the political resistance to implement UN reports and recommendations such as the Fact-Finding Mission on the Gaza conflict of 2008-09 , has allowed Israel to continue its unlawful conduct of hostilies during Operation Protective Edge.

In view of the upcoming EU Foreign Affairs Council meeting and the continued political dialogue between the EU and Israel,  PHROC calls on the EU and its member states to:

  • Clarify Israel’s obligations as an Occupying Power engaged in hostilities in Palestine;
  • Immediately and unequivocally deplore Israel’s indiscriminate and disproportionate attacks against Palestinian civilians and civilian objects;
  • Demand that all parties comply with their international humanitarian law obligations, including the principles of distinction, proportionality and military necessity;
  • Refrain from condoning Israel’s misuse of the notion of self-defence;
  • Take the position that the root cause of the ongoing hostilities is Israel’s belligerent occupation and accompanied violations of international law, including the Palestinian inherent right to self-determination;
  • In line with its own commitments and according to the EU Guidelines on Promoting Compliance with International Humanitarian Law,  immediately resort to all the operational measures at its disposal, including the adoption of restrictive measures, in an effort to ensure Israel’s compliance with its legal obligations;
  • Ensure that perpetrators of violations of international law are held to account, including through the exercise of universal jurisdiction;
  • Unequivocally support Palestinian accession of the Rome Statute of the International Criminal Court in order to ensure that an international forum will be accessible to address the crimes committed during the course of ongoing hostilities in the OPT as well as previously committed and continuing crimes.

Sincerely,