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Additional Documents to the Amicus Brief Submitted to the Jerusalem District Court
בבית המשפט המחוזי בירושלים עת"מ 36759-05-18 בשבתו כבית משפט לעניינים מנהליים בעניין שבין: 1( ארגון Human Rights Watch 2( עומר שאקר העותרים באמצעות עו"ד מיכאל ספרד ו/או אמילי שפר עומר-מן ו/או סופיה ברודסקי מרח' דוד חכמי 12, תל אביב 6777812 טל: 03-6206947/8/9, פקס 03-6206950 - נ ג ד - שר הפנים המשיב באמצעות ב"כ, מפרקליטות מחוז ירושלים, רחוב מח"ל 7, מעלות דפנה, ירושלים ת.ד. 49333 ירושלים 9149301 טל: 02-5419555, פקס: 026468053 המכון לחקר ארגונים לא ממשלתיים )עמותה רשומה 58-0465508( ידיד בית המשפט באמצעות ב"כ עו"ד מוריס הירש מרח' יד חרוצים 10, ירושלים טל: 02-566-1020 פקס: 077-511-7030 השלמת מסמכים מטעם ידיד בית המשפט בהמשך לדיון שהתקיים ביום 11 במרץ 2019, ובהתאם להחלטת כב' בית המשפט, מתכבד ידיד בית המשפט להגיש את ריכוז הציוציו של העותר מס' 2 החל מיום 25 ליוני 2018 ועד ליום 10 למרץ 2019. כפי שניתן להבחין בנקל מהתמצית המצ"ב כנספח 1, בתקופה האמורה, אל אף טענתו שהינו "פעיל זכויות אדם", בפועל ציוציו )וציוציו מחדש Retweets( התמקדו בנושאים שבהם הביע תמיכה בתנועת החרם או ביקורת כלפי מדינת ישראל ומדיניותה, אך נמנע, כמעט לחלוטין, מלגנות פגיעות בזכיות אדם של אזרחי מדינת ישראל, ובכלל זה, גינוי כלשהו ביחס למעשי רצח של אזרחים ישראלים בידי רוצחים פלסטינים. באשר לטענתו של העותר מס' 2 שחשבון הטוויטר שלו הינו, בפועל, חשבון של העותר מס' 1, הרי שגם כאן ניתן להבין בנקל שטענה זו חסרת בסיס כלשהי. ראשית, החשבון מפנה לתפקידו הקודם בארגון CCR, אליו התייחסנו בחוות הדעת המקורית מטעם ידיד בית המשפט בסעיף 51. -
The Lost Decade of the Israeli Peace Camp
The Lost Decade of the Israeli Peace Camp By Ksenia Svetlova Now that Israeli annexation of Jewish settlements in the West Bank is a commonplace notion, it seems almost impossible that just twelve years ago, Israel and the Palestinian Authority (PA) were making significant progress in the US-sponsored bilateral peace negotiations. Since then, the stalemate in the talks has become the new normal, under three consecutive governments headed by Benjamin Netanyahu. The Palestinians, led by Mahmoud Abbas and his government, have been cast as “diplomatic terrorists” for asking the international community for help. The Israeli peace camp has been subjected to a vicious smear campaign that has shaken its self-esteem and ruined its chances of winning over the public. This systematic smearing of Israeli and Palestinian two-staters has paid off. In the April 2019 elections, Israel’s progressive Meretz party teetered on the edge of the electoral barrier while Labor, once the ruling party, gained only six mandates (5% of the votes). The centrist Blue and White, a party led by ex-army chief Benny Gantz, carefully avoided any mention of loaded terms such as “the two-state solution” or “evacuation of settlements”, only calling vaguely to “advance peace” – as part of Israel’s new political vocabulary, which no longer includes “occupation” or even “the West Bank”. Despite offering no clear alternative to the peace option it managed to successfully derail, the Israeli right under Netanyahu has been in power for over a decade in a row, since 2009. Israel’s left-wing parties are fighting to survive; the Palestinians are continuing their fruitless efforts to engage the international community; and the horrid reality of a single state, in which different groups have different political and civil rights, seems just around the corner. -
Strateg Ic a Ssessmen T
Strategic Assessment Assessment Strategic Volume 19 | No. 4 | January 2017 Volume 19 Volume The Prime Minister and “Smart Power”: The Role of the Israeli Prime Minister in the 21st Century Yair Lapid The Israeli-Palestinian Political Process: Back to the Process Approach | No. 4 No. Udi Dekel and Emma Petrack Who’s Afraid of BDS? Economic and Academic Boycotts and the Threat to Israel | January 2017 Amit Efrati Israel’s Warming Ties with Regional Powers: Is Turkey Next? Ari Heistein Hezbollah as an Army Yiftah S. Shapir The Modi Government’s Policy on Israel: The Rhetoric and Reality of De-hyphenation Vinay Kaura India-Israel Relations: Perceptions and Prospects Manoj Kumar The Trump Effect in Eastern Europe: Heightened Risks of NATO-Russia Miscalculations Sarah Fainberg Negotiating Global Nuclear Disarmament: Between “Fairness” and Strategic Realities Emily B. Landau and Ephraim Asculai Strategic ASSESSMENT Volume 19 | No. 4 | January 2017 Abstracts | 3 The Prime Minister and “Smart Power”: The Role of the Israeli Prime Minister in the 21st Century | 9 Yair Lapid The Israeli-Palestinian Political Process: Back to the Process Approach | 29 Udi Dekel and Emma Petrack Who’s Afraid of BDS? Economic and Academic Boycotts and the Threat to Israel | 43 Amit Efrati Israel’s Warming Ties with Regional Powers: Is Turkey Next? | 57 Ari Heistein Hezbollah as an Army | 67 Yiftah S. Shapir The Modi Government’s Policy on Israel: The Rhetoric and Reality of De-hyphenation | 79 Vinay Kaura India-Israel Relations: Perceptions and Prospects | 93 Manoj Kumar The Trump Effect in Eastern Europe: Heightened Risks of NATO-Russia Miscalculations | 103 Sarah Fainberg Negotiating Global Nuclear Disarmament: Between “Fairness” and Strategic Realities | 117 Emily B. -
Opinion New Government, New President, New Israel?
Journal of Military and Strategic VOLUME 20, ISSUE 3 Studies Opinion New Government, New President, New Israel? Melanie Carina Schmoll, PhD Israel in summer 2021 – the end of the pandemic seems to be near. Israel opens up, almost all mask requirements are cancelled, international travel groups are welcome and even the individual guests are allowed to travel to the Holy Land with almost no restrictions. It seems Israel is back in pre-pandemic times. But it is not the same country anymore. Some fundamental changes have happened over the last few weeks. When, in March 2021, the Israelis had to vote again for the Israeli Parliament, the Knesset, it was for the fourth time within two and a half years. The outcome was almost the same as the three times before. Benjamin Nethanyahu, Israel´s long-time prime minister, won most of the seats with his Likud party. As the State of Israel is a parlamentary democracy the executive branch or the government draws its authority from the Parliament (the legislative branch) and needs its confidence. Therefore, the prime minister is not decided directly by the voters but depends instead on a process of bargaining among the various fractions elected to parliament. In Israel, no single party holds most of the seats in Parliament and thus the process of forming a government is long and complicated.1 Israel also has an extreme proportional system of government, 1 For more information see Melanie Carina Schmoll, “Israel and the permanent siege: The people have spoken - who will find an answer to the needs of the voters?” Journal of Military and Strategic Studies 20, 1 (2019). -
Palestinian Citizens of Israel: Agenda for Change Hashem Mawlawi
Palestinian Citizens of Israel: Agenda for Change Hashem Mawlawi Thesis submitted to the Faculty of Graduate and Postdoctoral Studies In partial fulfillment of the requirements for the Master‘s degree in Conflict Studies School of Conflict Studies Faculty of Human Sciences Saint Paul University © Hashem Mawlawi, Ottawa, Canada, 2019 PALESTINIAN CITIZENS OF ISRAEL: AGENDA FOR CHANGE ii Abstract The State of Israel was established amid historic trauma experienced by both Jewish and Palestinian Arab people. These traumas included the repeated invasion of Palestine by various empires/countries, and the Jewish experience of anti-Semitism and the Holocaust. This culminated in the 1948 creation of the State of Israel. The newfound State has experienced turmoil since its inception as both identities clashed. The majority-minority power imbalance resulted in inequalities and discrimination against the Palestinian Citizens of Israel (PCI). Discussion of the Israeli-Palestinian conflict tends to assume that the issues of the PCIs are the same as the issues of the Palestinians in the Occupied Territories. I believe that the needs of the PCIs are different. Therefore, I have conducted a qualitative case study into possible ways the relationship between the PCIs and the State of Israel shall be improved. To this end, I provide a brief review of the history of the conflict. I explore themes of inequalities and models for change. I analyze the implications of the theories for PCIs and Israelis in the political, social, and economic dimensions. From all these dimensions, I identify opportunities for change. In proposing an ―Agenda for Change,‖ it is my sincere hope that addressing the context of the Israeli-Palestinian relationship may lead to a change in attitude and behaviour that will avoid perpetuating the conflict and its human costs on both sides. -
1 Schlaglicht Israel Nr. 6/21 Aktuelles Aus Israelischen Tageszeitungen
Schlaglicht Israel Nr. 6/21 Aktuelles aus israelischen Tageszeitungen 16.-31. März Die Themen dieser Ausgabe 1. Patt der Blöcke bei Parlamentswahl .............................................................................................................................. 1 2. Pessah 2021 ..................................................................................................................................................................... 3 3. Zurück zur Normalität...................................................................................................................................................... 5 4. Medienquerschnitt ........................................................................................................................................................... 7 1. Patt der Blöcke bei Parlamentswahl nation, building a just society and safeguarding it. Mit einem erneuten Patt endete die vierte Parla- (…) If the last year and COVID-19 has taught us mentswahl innerhalb von nur zwei Jahren. Weder anything, it´s that the social safety net established das Lager des amtierenden Regierungschefs Ben- by Avoda, was the safety net that helped Israel jamin Netanyahu verfügt zusammen mit seinen overcome much of the challenges of the last year. erklärten Verbündeten über die nötige Mehrheit von The kuppot cholim community health providers, the 61 der insgesamt 120 Knesset-Sitze noch der Anti- medical establishment, the social services, and the Netanyahu-Block. Das heterogene Lager aus Rech- National Insurance -
Israel and Overseas: Israeli Election Primer 2015 (As Of, January 27, 2015) Elections • in Israel, Elections for the Knesset A
Israel and Overseas: Israeli Election Primer 2015 (As of, January 27, 2015) Elections In Israel, elections for the Knesset are held at least every four years. As is frequently the case, the outgoing government coalition collapsed due to disagreements between the parties. As a result, the Knesset fell significantly short of seeing out its full four year term. Knesset elections in Israel will now be held on March 17, 2015, slightly over two years since the last time that this occurred. The Basics of the Israeli Electoral System All Israeli citizens above the age of 18 and currently in the country are eligible to vote. Voters simply select one political party. Votes are tallied and each party is then basically awarded the same percentage of Knesset seats as the percentage of votes that it received. So a party that wins 10% of total votes, receives 10% of the seats in the Knesset (In other words, they would win 12, out of a total of 120 seats). To discourage small parties, the law was recently amended and now the votes of any party that does not win at least 3.25% of the total (probably around 130,000 votes) are completely discarded and that party will not receive any seats. (Until recently, the “electoral threshold,” as it is known, was only 2%). For the upcoming elections, by January 29, each party must submit a numbered list of its candidates, which cannot later be altered. So a party that receives 10 seats will send to the Knesset the top 10 people listed on its pre-submitted list. -
International Humanitarian Law, ICRC and Israel's Status in the Territories
Volume 94 Number 888 Winter 2012 International humanitarian law, ICRC and Israel’s status in the Territories Alan Baker Alan Baker is the former legal adviser of Israel’s Ministry of Foreign Affairs, and former ambassador of Israel to Canada. He previously served in the international law division of Israel’s Military Advocate General’s Corps, handling issues of international humanitarian law and relations with the International Committee of the Red Cross (ICRC). He is presently director of the Institute for contemporary Affairs at the Jerusalem Institute for Public Affairs. This article discusses contentions voiced by ICRC President Maurer in a speech on ‘Challenges to humanitarian action in contemporary conflicts: Israel, the Middle East and beyond’, developed in the form of the article in this issue of the International Review of the Red Cross. It discusses challenges to international humanitarian law in situations where one party violates humanitarian norms, and questions some ICRC contentions and assumptions regarding the status of the West Bank territories, the status of Israel- Palestinian agreements, the status of the Gaza Strip, the concept of ‘occupation’, Israel’s settlement policy, Israel’s separation barrier, East Jerusalem, and concludes with a discussion of ICRC policies of confidentiality, as opposed to public engagement. doi:10.1017/S181638311300060X 1511 A. Baker – International humanitarian law, ICRC and Israel’s status in the Territories This article discusses and analyses several points and contentions voiced by ICRC President Peter Maurer in his article in this issue of the International Review of the Red Cross.1 In his article, President Maurer discusses the significance, importance and challenges of international humanitarian law in general, as well as specific topics relating to Israel’s status and actions in the territories. -
International Law & House Demolitions
International Law icahd.org/get-the-facts/international-law/ International Law & House Demolitions By Itay Epshtain, LL.M. Prolonged Occupation Israel is obligated to create and maintain conditions that will ensure Palestinians’ realization of their rights to self- determination, participation without discrimination in public affairs, and their right, as individuals and collectively, to develop and advance their respective communities economically, socially, culturally, and politically, according to their needs. That assertion has been authoritatively upheld by the International Court of Justice (ICJ) in its 2004 Advisory Opinion: “The Court also notes that the principle of self-determination of peoples has been enshrined in the United Nations Charter and reaffirmed by the General Assembly in resolution 2625 (XXV) cited above, pursuant to which “Every State has the duty to refrain from any forcible action which deprives peoples referred to [in that resolution] […] of their right to self- determination.” Article 1 common to the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights reaffirms the right of all peoples to self-determination, and lays upon the States parties the obligation to promote the realization of that right and to respect it, in conformity with the provisions of the United Nations Charter. […] Israel is bound to comply with its obligation to respect the right of the Palestinian people to self-determination and its obligations under international humanitarian -
The Bennett-Lapid ‘Change Government’
BICOM Briefing The Bennett-Lapid ‘Change Government’ June 2021 The Bennett-Lapid ‘Change Government’ On Wednesday evening, 2 June, Yesh Atid leader Yair Lapid informed President Rivlin that he had succeeded in forming a coalition government, adding that it would “work for all the citizens of Israel, those that voted for it and those that didn’t. It will do everything to unite Israeli society”. Swearing the new government into office, which only requires only a relative majority, will take place within the next 11 days. Yamina’s Naftali Bennett will serve as Prime Minister for the first two years, followed by Lapid. Maariv 1 June, Bennett and Lapid stare lovingly at eachother as the sun – with the face of Netan- yahu sets The Change Government How did we get here? The elections for the 24th Knesset which took place on 23 March 2021 gave neither the pro-Netanyahu bloc nor the anti-Netanyahu bloc a clear majority of 61 seats. Following the results, two parties who defined themselves as unaligned were considered to be key to both sides - Naftali Bennett of Yamina (7 seats) and Mansour Abbas of Raam (4 seats). Bennett emphasised his preference for a right-wing and ultra- Orthodox coalition. When Likud sources sent out feelers to Raam to support the government from outside 2 the coalition, that move was opposed by Bezalel Smotrich and his Religious Zionist party. With Saar unwilling to sit with Netanyahu, and Smotrich unwilling to countenance outside support from Raam, the pro-Netanyahu right-wing/ultra-Orthodox coalition could only muster 59 seats. -
Israel's Rights As a Nation-State in International Diplomacy
Jerusalem Center for Public Affairs Institute for Research and Policy המרכז הירושלמי לענייני ציבור ומדינה )ע"ר( ISRAEl’s RiGHTS as a Nation-State in International Diplomacy Israel’s Rights as a Nation-State in International Diplomacy © 2011 Jerusalem Center for Public Affairs – World Jewish Congress Jerusalem Center for Public Affairs 13 Tel Hai Street, Jerusalem, Israel Tel. 972-2-561-9281 Fax. 972-2-561-9112 Email: [email protected] www.jcpa.org World Jewish Congress 9A Diskin Street, 5th Floor Kiryat Wolfson, Jerusalem 96440 Phone : +972 2 633 3000 Fax: +972 2 659 8100 Email: [email protected] www.worldjewishcongress.com Academic Editor: Ambassador Alan Baker Production Director: Ahuva Volk Graphic Design: Studio Rami & Jaki • www.ramijaki.co.il Cover Photos: Results from the United Nations vote, with signatures, November 29, 1947 (Israel State Archive) UN General Assembly Proclaims Establishment of the State of Israel, November 29, 1947 (Israel National Photo Collection) ISBN: 978-965-218-100-8 TABLE OF CONTENTS Introduction and Overview Ambassador Alan Baker .......................................................................................................................................................................... 5 The National Rights of Jews Professor Ruth Gavison ........................................................................................................................................................................... 9 “An Overwhelmingly Jewish State” - From the Balfour Declaration to the Palestine Mandate -
When 1+1 Does Not Equal 2
When 1+1 Does Not Equal 2 February 15, 2009 By Robbie Friedmann Special to the Jewish Times All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident. Arthur Schopenhauer German philosopher (1788 - 1860) When it comes to settling the conflict in the Middle East one is flooded with too many contradicting options. Typically these options have numbers attached to them even if they do not add up. Forty two years ago it was the number one (state) and a couple of weeks ago that number has risen to five (states). It might appear that dealing with single digits should not be very complicated math but it provides clear proof that one does not need to deal with double digit options to realize the complexity of nebulous "peace" politics. In 1947 U.N. Resolution 181 (a.k.a. Partition Plan for Palestine) formalized the national homeland for the Jewish people. It was accepted by the emerging state of Israel which was established six months later. Yet the same resolution that also called for a creation of an Arab state (the original two-state solution) was completely rejected by the Arabs who ganged up on Israel invading it in their first of several annihilation efforts. In August-September 1967 thirteen Arab states pledged at the summit in Khartoum, Sudan, to continue their "struggle" against Israel with their infamous three "no" resolutions: no peace with Israel, no negotiations with Israel, and no recognition of Israel. From 1947 to the early 70s the score was 1:0.