HumanityVolume I, No. 5, November 2019 ISSN: 2707-4919 eISSN: 2707-4927

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H gaza ing elebrating d C 1979-2019 en f e D Self-determination and the Tragedy of Great In This Issue Power Politics*

he right of the Jewish community and promising Palestinian improvements in the situation of Jews 3...... Self-determination and the Tragedy of Great Power Politics* Tpeople to self- in Germany. Britain also thought that determination is championing Zionism would help keep 6...... Al-Haq named 2019 recipient of Human Rights and Business based on the norm Russia in the war against Germany. Award of law that accepts Britain guessed, probably wrongly, 10...... PHROC Condemns the Death of Palestinian Sick Prisoner Sami the attachment that Russian Jews backed Zionism. of a people to None of these aims were in fact Abu Diyak their territory, achieved for Britain or for Germany. Prof. John Quigley 12...... PHROC, ADALAH, and PNGO Condemn Statement by and their right Russia pulled out of the war entirely THE RIGHT OF to control their fate. The antecedent after the Bolshevik Revolution, and US Secretary of State Mike Pompeo on the Legal Status of of this norm is observed during the Germany eventually lost the war. Israeli Settlements under International Law THE PALESTIN- period of colonialism, when the The result, however, was that Britain European powers acknowledged an attached itself to the Zionist cause, 16...... To Humanitarian Groups and Non-Profits Receiving Airbnb IAN PEOPLE obligation to promote the interests of issuing the Balfour letter that called for Funds: Say No to Dirty Money indigenous populations, even if they a “Jewish national home” in Palestine. TO SELF-DE- did not implement that obligation in Britain’s World War I allies signed on 17...... Al-Haq condemns practice of “targeted killings” in Gaza, calls practice. The norm was developed to supporting Zionism, and Britain kept for an immediate investigation into deaths of Gazan civilians, TERMINATION during the period of the League of a Jewish national home as part of its including children Nations through the mandate system commitment when it sought control IS BASED ON and through international oversight of over Palestine. The Palestine Mandate 20...... Palestinian, regional, and international groups submit report THE NORM the rights of minority populations. The approved by the League of Nations on Israeli apartheid to UN Committee on the Elimination of populations in the states created upon called for Britain as Mandatory power the demise of the Turkish empire were to apply the Balfour Declaration. Racial DiscriminAation OF LAW THAT identified in Article 22 of the Covenant The Allies’ treaty with Turkey, the 24— PHROC Condemns Israeli Imposed Movement Restrictions of the League of Nations as people Peace Treaty of Lausanne (1923), ACCEPTS THE entitled to full independence, albeit specified that the territories being and Travel Ban against Amnesty International Staff Laith Abu under the temporary administration of created out of the Turkish empire’s Zeyad ATTACHMENT European powers - Britain in the case Arab lands were states. The Zionist of Palestine. Organization aimed at statehood for 25...... PHROC Condemns Israel’s Judicial Decision to Deport Human OF A PEOPLE Self-determination for Palestine was Jews in Palestine, statehood that would Rights Watch Omar Shakir eroded, however, in that same time inure to the benefit of Jews worldwide. TO THEIR TER- period. The Powers that fashioned Britain took its obligation to mean that 26...... Palestinian and regional groups send joint urgent appeal the mandate system undermined self- it should facilitate immigration of Jews to UN special procedures warning against the imminent RITORY determination by injecting into the mix into Palestine, even in numbers that deportation of Omar Barghouti the promotion of a “Jewish national would allow the Zionist Organization to home” in Palestine. The origin of that take control of the territory 27...... Omar Barghouti at Imminent Risk of Deportation as Israeli promotion would be comical were the That migration jeopardized the Interior Minister Initiates Proceedings to Punitively Revoke his impact not so tragic. During World War effectuation of national rights by I, Britain and Germany vied to woo the Arab population of Palestine. Residency Status the Jewish populations of Europe to The incorporation of the Balfour 30...... Prosecuting Judges for Exercising their Right to Freedom their side. The competition between Declaration into the Palestine Mandate, them was especially intense in the at least as construed and implemented of Expression is a Violation of the Law and International year 1917. Each side feared that the by Great Britain, rendered the League’s Standards other would succeed. Britain wanted promise of eventual full independence to solidify support from America, illusory. When the Arab population of 32...... Al-Haq’s Position Paper on the Law by Decree on Cybercrimes support that was critical to winning Palestine took up arms against Britain and Blocked Websites the war, and it thought that President in 1936 to try to stop the immigration, Woodrow Wilson would be stronger British troops brutally suppressed their 37...... Al-Haq Field Report on Human Rights Violations in November in his support if Britain declared resistance. 2019 itself for Jewish rights in Palestine. The self-determination norm found Germany responded by organizing further development by its inclusion Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 meetings with representatives of the in the United Nations Charter, and 2 3 1979 2019 Humanity Humanity

by provision in the Charter for a the Arab position on Palestine. So the likewise did not achieve its aim. In The issue of Palestine statehood trusteeship system in replacement Soviet experts on the Middle East were 1950, when Israel backed the West became a technical legal issue of the mandate system. In regard to of the same mind as the US experts on over the war in Korea, the Soviet Union when the Government of Palestine Palestine, however, the United Nations the Middle East. But as in the United realized that Israel was firmly in the filed a declaration in 2009 with the did little to protect the right to self- States so in the Soviet Union the top PARTITION Western camp. Overnight the Soviet International Criminal Court to grant determination. As Arabs were driven leadership decided on the opposite Government dropped its support for the Court jurisdiction over war crimes out of their home areas in 1948 by course. The Soviet leadership came WAS NOT Israel. The tragedy is that it was these committed in Palestine during the militias operating on behalf of the out for partition, overriding the two miscalculations – each made for military invasion by the Israel Defense Jewish Agency, the Security Council Foreign Ministry, based on a guess VIEWED AS reasons unrelated to the well-being of Force at the end of 2008. Such a of the United Nations did nothing to that a Jewish state would be friendly the population of Palestine – plunged declaration to grant jurisdiction for stop the expulsions, even though Arab to the Soviet Union. In Autumn 1947, PROMOTING the country into chaos. war crimes committed in a territory is representatives were explaining to the when the Ad Hoc Committee on the The General Assembly did adopt valid only if the entity filing it is a state. Security Council what was occurring. Palestinian Question debated what SELF-DETER- a resolution late in 1948 to require The Court’s Prosecutor entertained Self-determination has little meaning recommendation to make on the Israel to repatriate the displaced submissions on the issue of whether if the population entitled to it is driven “future government of Palestine,” the MINATION Arabs, but when Israel ignored the Palestine is a state. Three years later, out of its territory by force of arms. Soviet Union supported partition in THE UNITED resolution, nothing was done by the however, the Prosecutor said that the Here again the tragedy was lock step with the United States. FOR THE ARAB United Nations to secure compliance. question should be decided by the precipitated by two Powers pursuing Partition was not seen as a fair, NATIONS HAS Self-determination was written into United Nations General Assembly or their own aims. Jewish statehood or appropriate status for Palestine POPULATION two major human rights treaties. As by the States Party to the Rome Statute gained momentum at the United during the 1947 debates in the Ad TAKEN NO colonial peoples increasingly asserted of the International Criminal Court. In Nations largely because of the Hoc Committee on the Palestinian OF PALESTINE their claims to self-determination, 2012 the General Assembly indicated combined efforts of the United Question. Partition was not viewed as EFFECTIVE the UN General Assembly gave by a resolution that the observer States and the Soviet Union. In both promoting self-determination for the guidelines for implementation of mission of Palestine at the United countries, the foreign ministries Arab population of Palestine. In the ACTION TO self-determination in a resolution it Nations was the observer mission of a thought that support should be given Ad Hoc Committee on the Palestinian adopted in 1960. In this resolution state, thus specifying that Palestine is to the establishment of a single state Question, one state after another ENSURE THE the General Assembly forbad military a state. in Palestine. The US Department of said that a partition recommendation force to prevent effectuation of self- Nonetheless, to date the United State experts on the Middle East would lead to war, but they advocated PRACTICAL determination and called for transition Nations has taken no effective action consistently advocated that aim. But for it nonetheless as the only solution to independence of dependent to ensure the practical implementation they were overridden by President they thought possible. IMPLEMEN- territories. The resolution positioned of self-determination for Palestine. Harry Truman’s domestic advisors, who Zionist officials understood at self-determination as necessary to The damage that was done by the saw promotion of Jewish statehood the time that they needed both the TATION OF preservation of international peace. It Great Power rivalry during World as helping Truman in the upcoming Soviet Union and United States if further specified that considerations of War I and after World War II has not 1948 presidential election. Through partition was to be recommended by SELF-DETER- readiness for independence could not been repaired. Self-determination 1947 and 1948, these two elements the UN General Assembly. The Jewish be used to deny self-determination. for Palestine is being pursued today within the US government fought Agency developed a careful policy of MINATION FOR The UN Security Council used its within the constraints imposed by the each other. The domestic advisors cultivating each side while taking care powers under the UN Charter a few tragic decisions made by the League of succeeded in getting the United States to offend neither. PALESTINE years later when effectuation of Nations and by the United Nations. to support the Partition Resolution. When the forcible expulsion of self-determination was threatened ______When partition did not work out, the Arab population out of Palestine in Southern Rhodesia. The Security *This paper was delivered at Al-Haq Seminar however, the Department of State gained momentum in 1948, the UN Council declared that a declaration on: The right of the Palestinian people experts prevailed, getting the United Security Council – in which the Soviet of independence there, to be carried to self determination, which was held in States to back off partition and to Union and the United States were the out in a way that excluded the Ramallah on July 13, 2019. promote a United Nations trusteeship strongest voices – sat on its hands. majority indigenous population from for Palestine. As Britain was about to The irony of the Soviet-American political participation, was a threat withdraw from Palestine, however, support for partition is that neither to international peace. This action by John Quigley is Professor Emeritus the domestic advisors prevailed on country achieved its political aim. the Security Council showed that self- at the Moritz College of Law of The Truman to commit to recognizing a Truman had hoped to win the electoral determination is violated when one Ohio State University in Columbus, state that the Jewish Agency was about votes of the State of New York, where group in a territory takes control to Ohio, USA. A specialist in public to declare. what at the time was called “the the exclusion of another. In the case international law and the law of In Moscow, in 1947 the Foreign Jewish vote” was deemed important. of Palestine, however, the Security Ministry circulated a paper internally Truman did not carry New York in Council took no similar implementation human rights, he writes on key legal calling for the Soviet Union to support the 1948 election. The Soviet Union Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 action. issues relating to Palestine. 4 5 1979 2019 Al-Haq named 2019 recipient of Human Humanity Rights and Business Award

HUMAN RIGHTS AND BUSINESS documents and monitors violations attention to how certain companies rights, it has previously received AWARD FOUNDATION of international humanitarian law operating in Occupied Palestinian prestigious awards for its broader and international human rights law Territory, including firms doing work, including: eneva, 26 November 2019 – in Occupied Palestinian Territory business with or in Israeli settlements, · 2018 Human Rights Prize of the At the annual United Nations and works to stop violations against are involved in human rights abuses French Republic, awarded by (UN) Forum on Business and G Palestinians whether by Israel, by the and breaches of international the French Government jointly Human Rights, our foundation is Palestinian Authority, or by others humanitarian law, notably the Hague to Shawan Jabarin (General naming Al-Haq as recipient of the including companies. Regulations and the Fourth Geneva Director of Al-Haq) and Hagai 2019 Human Rights and Business The award, recognizing “outstanding Convention. El-Ad (Executive Director of Award. An independent Palestinian work by human rights defenders in The Board members of the B’Tselem, an Israeli human organization based in Ramallah (West the Global South or former Soviet Human Rights and Business Award rights organization) Bank), Al-Haq “Law in the Service Union addressing the human rights Foundation – Christopher Avery, · 2009 Geuzen Award given of Man” was founded in 1979 “to impacts of business”, is accompanied Regan Ralph and Valeria Scorza – said jointly to Al-Haq and B’Tselem: protect and promote human rights by a $50,000 grant. in a joint statement today: “Al-Haq a Dutch award for those who and the rule of law in the Occupied In recent years Al-Haq has done does exceptional work in difficult have fought for democracy and Palestinian Territory”. Al-Haq ground-breaking work drawing circumstances, using international against dictatorship, racism “AL-HAQ DOES law as the basis of its research and and discrimination. This award advocacy. It is encouraging that an takes its name from a Dutch EXCEPTIONAL increasing number of human rights resistance group during World defenders in the Middle East are War II, members of which were WORK IN DIF- giving attention to the behavior of executed by German forces. FICULT CIR- companies – Al-Haq is a recognized · 1990 Reebok Human Rights leader in this development.” Award given to Shawan Jabarin, CUMSTANCES, The foundation’s Advisory Network General Director of Al-Haq: the members who nominated Al-Haq for award honored activists under USING INTER- the award praised the organization 30 who fight for human rights for: through non-violent means. NATIONAL LAW · its professionalism, meticulous · 1989 Carter-Menil Human AS THE BASIS research and resolute Rights Prize given jointly to Al- advocacy; Haq and B’Tselem: an award OF ITS RE- · its wide network of field established by former U.S. researchers in communities president Jimmy Carter and SEARCH AND across Occupied Palestinian philanthropist Dominique Territory who closely monitor de Menil to “promote the ADVOCACY.” business activities and their protection of human rights impact on people; throughout the world”. · its contributions to the treaty When receiving the 2018 Human on business and human rights Rights Prize of the French Republic, being drafted at the UN; and Shawan Jabarin said: “It is a great · its capacity-building activities honor for Al-Haq to receive this – helping other NGOs in the prestigious award jointly with our Middle East develop their work colleagues at B’Tselem, who are our on human rights concerns partners in the struggle for justice and relating to business. a better future free from oppression While this is the first award that and occupation. Together, we Al-Haq has received specifically for are working to end the culture of Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 its work on business and human impunity so that Palestinians can 6 7 1979 2019 Humanity Humanity

enjoy the full realization of their on concerns about business · Raising concerns in a 2019 about Chinese company Hubey human rights.” In this video Shawan involvement in abuses of human statement about Airbnb and Pengdun Group, in relation to Jabarin is interviewed on the rights and breaches of humanitarian a 2019 letter to Booking. its partnership with a winery occasion of receiving the Human law, listed on its website particularly com, that by listing properties based in an Israeli settlement in Rights Prize of the French Republic. in this section, has included: in Israeli settlements in Occupied Palestinian Territory: Al-Haq and its staff have been targeted · Al-Haq has called on companies Occupied Palestinian Territory, “Grapewashing the Occupation: for their human rights work. The to pull out of the Jerusalem these firms are transgressing The Case of the Chinese Hubey Observatory for the Protection Light Rail project insofar as international law. Pengdun Group”. of Human Rights Defenders it runs through Occupied · 2018 advocacy and research on · Responding to [Observatory] has repeatedly raised Palestinian Territory, connects Ireland’s Control of Economic German multinational concerns about attacks and threats Israeli settlements built on Activities (Occupied Territories) HeidelbergCement in against Al-Haq, including multiple Palestinian land, fragments Bill 2018, to prohibit the import 2017 about its quarries in death threats against Al-Haq’s Palestinian land, and restricts of settlement products and Occupied Palestinian Territory, General Director Shawan Jabarin free movement of Palestinians. services to Ireland. expropriating natural resources and against its representative before For example, see Al-Haq’s Feb · Al-Haq’s advocacy, including in contravention of international the International Criminal Court. In 2019 and May 2019 statements a 2018 joint briefing paper, law. In June 2015 Norway’s July 2019 the Observatory issued about Canadian company calling for corporate largest pension fund KLP had an urgent appeal after 4IL – the Bombardier. Companies that accountability in situations of excluded HeidelbergCement official site of Israel’s Ministry of withdrew from bidding for armed conflict to be included from its investment portfolio, Strategic Affairs – published an the Light Rail project include in the International Law due to its operations in the article accusing Shawan Jabarin Bombardier, French firms Commission’s (ILC’s) draft occupied West Bank. of “terrorism”, which led to death Alstom and Systra, German principles on the protection of · A 2015 letter calling on the threats against him on its public firm Siemens, and Australian the environment. The principles Dutch Government to prevent platforms. “4IL platform’s online firm Macquarie. In 2012, the adopted by the ILC in 2019 did the export of dogs by Dutch visitors launched into an incitement UN Human Rights Council include such a principle. firms to the Israeli security to violence and hate speech against had expressed its “grave · A 2018 joint communication to forces, given their use to attack Al-Haq, including calling for Mr. concern” at “The Israeli the International Criminal Court and intimidate Palestinian Shawan Jabarin’s killing. These decision to establish and about the alleged pillage of civilians. The letter includes comments were not filtered nor operate a tramway between Palestinian natural resources by links to videos of dogs attacking regulated by 4IL moderators.” The West Jerusalem and the Israeli Café Café is a chain of cafés private actors including Israeli a -53year old woman and a Observatory has also called attention settlement of Pisgat Zeev, in Israel. West Bank branch and multinational corporations. -20year-old boy. to cyber-attacks against Al-Haq; the which is in clear violation of in the Jordan Valley. · A 2018 letter to Honda Motor · A 2013 report on the hacking of Al-Haq staff e-mail, land- international law and relevant Co., highlighting Honda’s discriminatory appropriation line phones and mobile phones; United Nations resolutions” complicity (through its Israeli of water in the occupied and a smear campaign sending to (Resolution 19/17, paragraph affiliate Mayer) in violations West Bank (for sale to Israeli Al-Haq’s European donors false 4e). of international humanitarian settlers) by Mekorot, the allegations against the organization, · A 2019 submission to the UN law perpetrated in Israeli national water company of allegations purported to have been working group developing a settlements in Occupied Israel: “Water For One People from Ernst & Young and an alleged draft treaty on business and Palestinian Territory. Honda Only: Discriminatory Access official of the Palestinian Authority human rights, and continued failed to respond to these and ‘Water-Apartheid’ in the (PA) – the firm and the PA confirmed advocacy and analysis in that concerns when invited to do OPT [Occupied Palestinian that these allegations were false regard. so by Business & Human Rights Territory]”. and unfounded. It should be noted · A 2019 submission to the Resource Centre. that Shawan Jabarin was banned UN Human Rights Council · Raising concerns in 2018 from international travel by Israel Advisory Committee in support between 2006 and 2012. of a treaty on the right to Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 Al-Haq’s research and advocacy development. 8 9 1979 2019 PHROC Condemns the Death of Palestinian Humanity Sick Prisoner Sami Abu Diyak

n 26 November 2019, Pales- began to feel pain cause of medical negligence. tinian prisoner Sami Abu Di- again and was tak- yak died in al-Ramleh Prison en back to Ramlah With Sami’s death, the number of O withheld bodies of Palestinian pris- Clinic. Prison Clinic. After Abu Diyak was arrested on 17 July some tests, it was oners becomes five out of 51 Pales- 2002, two of his friends were killed found that there tinian bodies since 2015. Those five during his arrest and another injured. was a cancerous prisoners have died inside Israeli pris- After his arrest, he went through mass in his stom- ons Aziz Ewisat, Faris Baroud, Nassar intensive interrogation at the Jala- ach. In the past two Taqatqa, Bassam al-Sayeh and today meh interrogation center where he weeks, Sami was Sami Abu Diyak. On 8 September was subjected to various types of transferred once to 2019, the Israeli High Court approved physical and psychological torture. Assaf Harofeh and the Israeli policy of withholding Pal- During the interrogation period, he then transferred estinian bodies, despite the decision was transferred to the hospital three back to al-Ramlah this policy have a long history in the [1] times as a result of the torture and Prison Clinic which occupied Palestinian territory. after each time the Israeli occupation lacks the adequate The number of sick prisoners is forces brought Sami Abu Diyak di- standards of health around 700 and they suffer from rectly from the hospital to the inter- care. different illnesses. Documentation rogation rooms once again. After 75 by Palestinian prisoners’ organiza- days of this intensive interrogation With Abu Diyak’s tions shows that there are around and torture, the military occupation death, the num- 26 female prisoners who suffer sick- court sentenced Sami Abu Diyak to ber of prisoners ness and around 160 male prisoner three life sentences and 30 years in who died in prison who requires constant medical care. prison. He has served 17 years, many is (222) prisoners Several of those prisoners had their of them being transferred in and be- since 1967 includ- medical files closed under the pre- tween prisons, clinics, and hospitals. ing 67 prisoners who died because text that there are no treatments In 2015, Sami Abu Deyak was in Ri- of medical negli- from their medical situations. mon Prison when he began suffering gence. Five out of Sami Abu Diyak Medical negligence has become a from abdominal pain. The prison clin- an operation and removed 30 cm of those prisoners systematic Israeli policy used against ic gave him painkillers without prop- his intestines and diagnosed him died in 2019; Faris Baroud (51 years Palestinian prisoners which should erly diagnosing him, and two weeks with cancer. While in Assaf Harofeh old) who spent 28 year in prison in- force international bodies includ- later Sami lost consciousness and Hospital, he underwent four oper- cluding 17 years in isolation and he ing the ICRC and WHO to pressure was transferred to Soroka hospital. ations and stayed for four months. died because of medical negligence; towards holding the Israeli occupy- In the hospital, he had a surgery to His critical medical condition was Nassar Taqatqa who died due to tor- ing authorities accountable to their remove his appendix. Two days after exacerbated by the wrong diagnosis ture and the difficult circumstances crimes. the operation, and within 48 hours, and appendectomy he was given at he suffered from during interroga- Soroka Hospital, and he went into a Sami was transferred five times be- tions; Omar Younis who died due to ______tween Ramlah prison clinic and Soro- coma for 34 days. Sami was trans- targeting him with live ammunition ka hospital without being diagnosed ferred to Ramlah Prison Clinic where during his arrest; Bassam al-Sayeh [1] For further information, http://www. while suffering from constant pain. he began chemotherapy and contin- and Sami Abu Diyak who died be- alhaq.org/advocacy/15175.html He was transferred to Assaf Harofeh ued treatment for 8 months. After Hospital for the sixth time. When he these 8 months, he was transferred back to Rimon Prison. In 2017, Sami entered the hospital, they performed Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 10 11 1979 2019 PHROC, ADALAH, and PNGO Condemn Statement Humanity by US Secretary of State Mike Pompeo on the Legal Status of Israeli Settlements under International Law

he Palestinian Human Rights with international law.” (Pompeo, been involved in the settlement nor restrict the rights which it confers Organizations Council (PHROC) November 2019) of civilians onto the territory upon them”. Additionally, protected Tand the Palestinian Coalition for The Secretary’s main assertion that of the West Bank, including persons cannot be deprived of rights Economic, Social, and Cultural Rights international law does not provide East Jerusalem, and the forced enshrined in the Convention, “by any (ADALAH), and the Palestinian NGO for an explicit prohibition against the removal of Palestinians from their agreement concluded between the Network (PNGO) condemn as a gross establishment and maintenance of homes in the West Bank and East authorities of the occupied territories misrepresentation of international Israeli settlements in the occupied Jerusalem.” and the Occupying Power”. Therefore, law, the recent statement by the West Bank is a gross and reckless Israeli settlements are virtually any resolution Israel or the United Secretary of State of the United misrepresentation of international entirely built upon land appropriated States may suggest which does not States of America, Mike Pompeo, that law. The establishment of civilian as “State land” from indigenous conform to these requirements would Israeli settlements in the Occupied settlements in occupied territory Palestinian residents. The assertion be invalid under international law. The Palestinian Territory (OPT) are “not and the transfer of Israeli nationals that Israeli settlements are not United States, as a High Contracting per se inconsistent with international therein, forcible displacement of the explicitly and unconditionally party specifically, has positive law.” Secretary Pompeo’s Palestinian population from areas prohibited under international law obligations under international law to unwarranted statement is premised slated for settlements, appropriation is further inconsistent with the ensure that any resolution reached is on a calculated misrepresentation of Palestinian public and private lands authoritative interpretations of the in conformity with these principles. of well-established and recognized for illegitimate political purposes, United Nations Security Council and Secondly, the Palestinian people international law, with the intention and destruction of civilian property, the International Court of Justice (ICJ). continues to have inalienable rights of rubber-stamping Israel’s unlawful alongside the alteration of Palestinian UN Security Council resolution 2334 to self-determination. The right to acquisition of territory in the West laws by Israel, the Occupying Power to (2016) specifically reaffirms that “the self-determination has been affirmed Bank through use of force and facilitate the re-zoning of Palestinian establishment by Israel of settlements and reaffirmed by the international prolonged military occupation, in lands for settlement, are all expressly in the Palestinian territory occupied community myriad times and flagrant disregard of international law prohibited under international since 1967, including East Jerusalem, is correctly seen as “one of the principles. humanitarian law, in particular has no legal validity and constitutes a essential principles of contemporary PHROC, ADALAH, and PNGO urge the Article 49 of the Fourth Geneva flagrant violation under international international law”, and constitutive United States, and the international Convention. Furthermore, unlawful law”. Meanwhile, in its authoritative of a jus cogens norm giving rise to community, to recognize the deportation or transfer of a protected 2004 Advisory Opinion on the Legal obligations erga omnes. The respect rights of Palestinians to self- person, and extensive destruction Consequences of the Construction of this principle, and the recognition determination, to take immediate and appropriation of property, not of a Wall in the Occupied Palestinian of this right of the Palestinian people action to prevent the proliferation justified by military necessity and Territory, the ICJ concluded “that the is therefore binding on all States, of the illegal Israeli settlements and carried out unlawfully and wantonly Israeli settlements in the Occupied including the United States. Further, annexation of the Jordan Valley, amount to grave breaches of the Palestinian Territory (including East Article 47 of the Fourth Geneva through the implementation of Geneva Conventions, which all High Jerusalem) have been established in Convention explicitly prohibits all effective countermeasures. Israeli Contracting parties to the Geneva breach of international law”. forms of annexation “of the whole policies in the OPT, including the Conventions, including the United 2. Misrepresentation of International or part of the occupied territory”. In de facto annexation, the denial States and Israel, are obligated to Law on Negotiated Resolutions instances of annexation, therefore, of the Palestinian people’s right prosecute. Additionally, the act of “International law does not the United States has a positive to self-determination and the forcible transfer is a recognized war compel a particular outcome, obligation to refrain from recognizing existence of segregation amounting crime and crime against humanity nor create any legal obstacle to any instances of annexation of to an ‘apartheid’ system, are under Articles 8(2)(b)(viii) and 7(1) a negotiated resolution [to the occupied territory. all violations of basic norms of (d) of the Rome Statute, within the situation in the OPT].” (Pompeo, The context of Secretary Pompeo’s International Humanitarian Law jurisdiction of the International November 2019) statement is deeply concerning from (IHL) and International Human Criminal Court (ICC). In December Contrary to the Secretary’s assertions, this standpoint: this shift in policy Rights Law (IHRL) and are considered 2018, the Office of the Prosecutor international law does contain explicit comes days after the recent killing of internationally wrongful acts of a of the ICC reported that settlements requirements regarding the rights numerous civilians, including children, serious nature which elicit third state were being considered as war crimes of Palestinians as occupied people, in Gaza, and follows in line with the obligations under international law. for preliminary examination: and Israel as an Occupying Power. decision of the United States to move “The Office has focused its US Secretary of State Mike Firstly, High Contracting parties its embassy to occupied Jerusalem 1. Misrepresentation of International analysis on alleged war crimes Pompeo to the Fourth Geneva Convention and to recognize the unlawful Law on Settlements committed in the West Bank, cannot conclude special agreements extension of Israeli sovereignty “The establishment of Israeli including East Jerusalem, since which would “adversely affect the over the occupied Syrian Golan as civilian settlements in the West 13 June 2014. Namely, the situation of protected persons, as legitimate, as well as Israeli Prime Bank is not per se inconsistent Israeli authorities have allegedly Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 defined by the present Convention, Minister Benjamin Netanyahu and his 12 13 1979 2019 Humanity Humanity

party’s announcement of intentions own decisions when it had to.” civilian settlements in the West Bank”. promptly to open a formal to formally annex settlements in the At the same time, it is impossible PHROC, ADALAH, and PNGO stress that investigation into the situation occupied West Bank and to annex for Palestinian’s to have effective the Israeli occupation of the OPT, and in Palestine; and impose Israeli sovereignty upon access to justice in the Israeli courts. the subsequent settlement enterprise · Call upon the international the Jordan Valley. The United States The Office of the Prosecutor of the imposed on Palestinians, does not community to immediately is therefore, through Secretary International Criminal Court, has pose any unique conundrums which impose sanctions on the State Pompeo’s statement and its prior observed that “on the one hand, the require a radical reinterpretation of of Israel and illegal Israeli conduct, willfully in breach of its Palestinian authorities are unable to international law. Existing treaties, settlements, in line with obligations under international law. exercise jurisdiction over the alleged customary law, peremptory norms, previous practice regarding the 3. Misrepresentation of the Reality on Israeli perpetrators, while on the and bodies such as the Security Russian occupied Crimea, until the Ground other hand, the Israeli government Council and International Court of such a point as Israel complies “The Israeli legal system affords has consistently maintained that Justice are exceedingly clear: Israeli with its obligations as Occupying an opportunity to challenge settlements-related activities are settlements are fundamentally Power; settlement activity” (Pompeo, not unlawful and the High Court of unlawful under international · Call on regional organizations November 2019) Justice … has held that the issue of law, and are not of a sui generis to impose travel bans and asset The Israeli High Court of Justice the Government’s settlement policy character exempting them from freezes against persons involved (IHCJ), has deliberately impeded was non-justiciable.” this designation. The shift in in violations of the State of the application of Article 49 of The reality of the situation in the policy announced by Secretary Palestine’s territorial integrity. the Fourth Geneva Convention to OPT is that Palestinians enjoy Pompeo, willfully asserted · Urge immediate action by third the settlements, and has for some no meaningful recourse of any but with no accompanying states, through the United 52 years, devolved the question kind in Israeli courts. Within the analysis of international law, Nations and other mechanisms, of settlements as a matter to be OPT, Palestinians suffer under an does not change the character to prevent the annexation of considered politically in a peace apartheid regime and are subject and substance of existing law, the West Bank, particularly settlement and therefore outside the to an entirely separate legal system and has no bearing on the the Jordan Valley, in line with remit of the Court, while also arguing to Israeli settlers, who enjoy the full illegality of Israel’s settlement their legal obligations vis-à-vis that only some of the customary suite of rights under Israel’s Basic enterprise. the Palestinian right to self- provisions of the Geneva Conventions Law, a luxury denied to the former. Recommendations determination and to ensure apply, with Article 49 not included. In Secretary Pompeo’s assertion that In light of these events, our respect of Israeli obligations Ayub v Minister of Defense, the IHCJ recourse for the establishment and organizations: under international law; actually endorsed the presence of maintenance of Israeli settlements · Demand the immediate · Call on third states to take illegal settlements obiter, stating that, exists for Palestinians in Israeli reversal of this policy by the measures against Israel’s “as long as a state of belligerency courts, under Israeli law, is a manifest United States, in line with its annexationist measures in exists, Jewish settlements in occupied misrepresentation of the legal reality obligations under international the Jordan Valley, such as territories serve actual and real of apartheid and colonization within law; refraining from acquiring any security needs”. Israeli courts, which these illegal structures operate. · Urge the United States weapons from Israel, cessation particularly the High Court of Justice, 4. Disregard of International Law to immediately rescind its of diplomatic, trade and have shown themselves willing to Throughout Secretary Pompeo’s unlawful and unfounded cultural relations with Israel, go to concerning lengths to support statement, numerous attempts are Road signs of Israeli settle- recognition of Israeli sovereignty and suspension of economic, actions of the State and its military; made to downplay and trivialize ments in the Jordan Valley over the occupied Syrian Golan financial and technological as noted by David Kretzmer in his the importance of international and occupied East Jerusalem; assistance and cooperation with study of the High Court of Justice’s law: The Secretary claims “dwelling · Urge all States with embassies Israel. jurisprudence: on legal positions didn’t advance to Israel in Jerusalem to · Call on third states to implement “In almost every legal crossroad, peace”; “calling the establishment of immediately relocate their domestic legislation to prohibit in almost every point where civilian settlements inconsistent with premises and personnel; and criminalize the import of the court had to interpret international law hasn’t worked. It · Call upon all States to condemn illegal settlement goods and international law, to establish hasn’t advanced the cause of peace”; any and all measures towards services into their territory. the boundaries of authority, to and “arguments about who is right the annexation of the West · Urge the United Nations High declare the legality of a policy and wrong as a matter of international Bank, particularly the Jordan Commissioner for Human … [it] dismissed legally well- law will not bring peace”. Secretary Valley; Rights to immediately release established petitions in the cost Pompeo further claims that the shift · Urge the Prosecutor of the the Database of businesses of breaking basic tenants of in US policy is “based on the unique International Criminal Court operating in illegal Israeli legal interpretation and it even facts, history, and circumstances to complete her preliminary settlements. sacrificed the consistency of its presented by the establishment of Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 investigations and move 14 15 1979 2019 To Humanitarian Groups and Non-Profits Al-Haq condemns practice of “targeted killings” Receiving Airbnb Funds: Say No to Dirty Money in Gaza, calls for an immediate investigation into deaths of Gazan civilians, including children

l-Haq and the 146 members Adding insult to injury, Airbnb then l-Haq condemns the recent The recent attacks on the Gaza Strip of the Palestinian Non- announced that the profits from escalation by the Israeli Occu- have been described, both in the Governmental Organizations the listings on occupied Palestinian pying Forces (IOF) in the Gaza media and by Israeli officials, as pin- A AStrip, and its indiscriminate attacks point, or “targeted killings”[6], a con- Network (PNGO), in the West Bank land would be given to humanitarian on the civilian population. On Tues- cept brought into common usage by including East Jerusalem and the Gaza groups. Donating profits generated day, 12 November 2019, the IOF Israel, which has no definition under Strip, refuse all funds from Airbnb, from the proceeds of crime does not assassinated Baha Abu Al-Atta, a international law.[7]As identified by and we call upon humanitarian make the apropriation of Palestinian “TARGETED member of the Islamic Jihad in Gaza the former UN Special Rapporteur on groups across the world to join us lands any more legal or ethical. Mr. City by destroying his home with a extrajudicial, summary or arbitrary KILLINGS” missile. The attack, which killed Al- executions, “targeted killings” are in solidarity. Airbnb, your funds Brian Chesky, CEO of Airbnb, did ‘Ata, also resulted in the killing of his intention and pre-meditated attacks, are tainted by your complicity in not reply to an Al-Haq letter dated BARE A wife, Asmaa Al-Atta, and wounded a directed towards a pre-identified perpetuating the illegal occupation 13 November 2019, requesting that further seven civilians, including four target, with the express intention to of Palestinian lands. Airbnb “remove all listings in illegal STRONG RE- children and two women.[1] kill, which may be conducted using a Israeli settlements in the Occupied Further attacks involved missiles be- wide array of means and methods of SEMBLANCE ing fired, seemingly indiscriminately, warfare.[8] As such, “targeted killings” at a motorcycle in Beit Lahiya, North bare a strong resemblance to the TO THE RE- Gaza, wherein two men were critical- related practices of extrajudicial ly wounded. The IOF also announced executions, summary executions, LATED PRAC- that all movement in and out of Gaza and assassinations, all of which are would be suspended, and that the plainly illegal under international TICES OF EX- fishing zone available to fishermen law.[9] would be reduced, thereby accentu- The terminology of “targeted kill- TRAJUDICIAL ating the existing policies of domina- ings” implies a level of precision and tion and fragmentation which Al-Haq precaution which is plainly absent EXECUTIONS, and its partners recently recognized in Israel’s recent attacks: as noted as constituting the maintenance of a above, a total of ten innocent civil- SUMMARY regime of apartheid.[2] ians were killed or injured in the at- Israel has a long history of engaging tack targeting Al-Atta. At the time EXECUTIONS, in extraterritorial assassinations; an of writing, 34 Gazans have been re- We recall when Airbnb stood up for Palestinian Territory (OPT), from your article in American magazine For- ported killed by Israeli attacks since Palestinian rights – almost. One year website”. AND ASSASSI- eign Policyidentifies Israel as having Tuesday, including eight children [10] ago today, on 19 November 2018, carried out the highest number of and two women. A further 85 NATIONS, ALL assassinations worldwide, estimat- Palestinians were reported injured Airbnb announced that it would We say no to dirty money. We say ed at some 2,300 at the time of by Gaza’s health ministry, including no longer list accommodations Airbnb has no business violating OF WHICH ARE the article’s publication.[3] Senior 30 children.[11] These attacks were in unlawful Israeli settlements international law. We say Airbnb Israeli officials have not shied away described as having “struck a number in the West Bank, in a move to cannot whitewash its role in the PLAINLY ILLE- from calling for a continuation of of Islamic Jihad terror targets” by the [12] end Airbnb’s complicity in Israel’s illegal occupation of Palestinian land this supposedly abandoned tactic: IOF, indicating a concerted attempt GAL UNDER in March of 2016, then-Intelligence to use the language of “targeted unlawful colonisation of the West through corporate charity. We say no Minister Yisrael Katz hinted towards killings” to mask the indiscriminate Bank. And we remember when more profiting from stolen land. INTERNATION- the “targeted assassination” of and reprehensible use of force Airbnb backed down, and agreed leaders of the Boycott, Divest, against a civilian population, and to to continue listing vacation rentals Join us and say no to Airbnb’s dirty AL LAW Sanctions movement[4], whereas in dehumanize those injured and killed [13] on land stolen from Palestinians. reference to the killings of Al-Atta, by labelling them as “terrorists”. money. Israeli Prime Minister Benjamin Ne- The Israeli use of “targeted killings” tanyahu and IOF Chief of General was considered by the Israeli High Staff, Aviv Khoavi, evoked the so- Court of Justice in a landmark 2006 phistic language of the “ticking time decision, wherein it stressed that: bomb”, the hypothetical scenario “Harming such civilians [who take a often deployed to justify the use of direct part in hostilities], even if the torture against Palestinians as being result is death, is permitted, on the [5] condition that there is no other less Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 authorized by military necessity. harmful means, and on the condi- 16 17 1979 2019 Humanity Humanity

tion that innocent civilians nearby as ‘shields’ is prohibited, one side’s War on Gaza, Nov. 2019 alhaq.org/advocacy/16183.html. are not harmed. Harm to the latter unlawful use of civilian shields does [3] Foreign Policy, ‘How Far is Too Far for Israel’s Targeted Killings?’ (9 February 2019), must be proportionate” (emphasis not affect the other side’s obligation available at: https://foreignpolicy.com/2018/02/09/how-far-is-too-far-for-israels-target- added).[14] ed-killings/. to ensure that attacks do not kill ci- [4] +972, ‘Senior Israeli minister: Male BDS activists in Israel “pay a price”’ (16 June 2016), While not supported by the majority, vilians in excess of the military ad- Vice President E Rivlin, in his separate available at: https://972mag.com/senior-israeli-minister-says-working-to-make-bds-ac- vantage of killing the targeted fight- tivists-in-israel-pay-a-price/120084/. judgement, adopted the dangerous er”[18], due to Israel’s traditional use [5] Reuters, ‘Israel kills Islamic Jihad commander, rockets rain from Gaza’ (12 November language put forward by the State of of this line of argument in defense of 2019), available at: https://www.reuters.com/article/us-israel-palestinians-blast/israe- Israel, arguing for exceptional mea- its attacks. AL-HAQ URGES li-forces-kill-islamic-jihad-field-commander-in-gaza-strike-idUSKBN1XM08E; see also sures against what he dubbed “unci- Al-Haq also notes the previously rec- comments of Israeli Defense Forces Chief of General Staff LTD Aviv Kohavi, available vilised civilians”, a markedly-s veiled at: https://twitter.com/IDF/status/1194213948167540737. ognized engagement of third state THE INTERNA- [6] synonym for the Bush archetype of responsibility in the occupied Pal- Electronic Intifada, ‘Media use of “targeted killing” whitewashes Israeli attacks’ (14 the “unlawful combatant”[15]; neither November 2019), available at: https://electronicintifada.net/blogs/michael-f-brown/ estinian territory : the UN Office of TIONAL COM- media-use-targeted-killing-whitewashes-israeli-attacks. of these categories are supported by the High Commissioner for Human [7] existing international humanitarian UN Human Rights Council, Report of the Special Rapporteur on extrajudicial, summary Rights, in the context of the ongoing MUNITY TO or arbitrary executions, Philip Alston: Study on targeted killings (28 May 2010) UN Doc. or human rights law. Subsequent Is- Great Return March and closure of A/HRC/24/14/Add.6 at para 7. raeli practice, doubtlessly including Gaza, has noted that “[i]f Israel will TAKE IMMEDI- [8] Ibid. at paras 8-9. the recent attacks on Gaza, have not take credible and effective steps [9] Michael N. Schmitt, ‘State Sponsored Assassination in International and Domestic been recognised as having violated Law’ (1992) 17 Yale Journal of International Law 611-612. to investigate, and indeed, where it ATE AND POS- [10] this, and other, requirements set out has congratulated its military forc- Electronic Intifada, ‘No justifying Israel’s bloodshed in Gaza’ (14 November 2019), by the Court.[16] available at: https://electronicintifada.net/blogs/maureen-clare-murphy/no-justify- es for their use of force, then the ITIVE ACTION ing-israels-bloodshed-gaza. The attacks on the Gaza Strip in the international community must fill [11] past few days may amount to war Electronic Intifada, ‘Three children killed as Israel escalates Gaza attacks’ (13 the investigatory void to ensure re- TO ENSURE November 2019), available at: https://electronicintifada.net/blogs/tamara-nassar/ crimes, and therefore come under spect for international law.”[19] More three-children-killed-israel-escalates-gaza-attacks; in addition to the three children the jurisdiction of the Internation- recently, the UN Commission of In- THAT FURTHER killed, as reported on 13 November by Electronic Intifada, Haaretz and the Guardian re- al Criminal Court. The Office of the quiry has noted that third states, port a further killing of five children early Thursday morning, see Haaretz, ‘Live Updates Prosecutor of the Court must there- particularly those party to the- Ge ATTACKS ON // Gaza Rockets Intercepted Over Southern Israel Hours after Cease-fire with Islamic fore include these attacks in her fu- Jihad Goes into Effect’ (14 November 2019), available at: https://www.haaretz.com/ neva Conventions, have both treaty israel-news/islamic-jihad-israel-gaza-rockets-ceasefire-tel-aviv-hamas-syria-1.8122258, ture investigation into the situation obligations “take action to safeguard THE CIVILIAN in Palestine, which has become of and the Guardian, ‘Gaza attacks: tentative truce after Israel strike kills eight Palestin- compliance with the Conventions”. ian family members’ (14 November 2019), available at: https://www.theguardian.com/ the utmost urgency. Further, Israel [20] Similarly, the events which have POPULATION world/2019/nov/14/gaza-attacks-tentative-truce-after-israel-strike-kills-six-palestin- must ensure transparency and ac- taken place in the Gaza Strip over ian-family-members. countability for the deaths and inju- the past two days trigger similar IN THE GAZA [12] See https://twitter.com/IDF/status/1194738204370440199. ries of Palestinian civilians, in partic- obligations, thus Al-Haq urges the [13] On the dehumanizing and counter-productive use of the terms “terrorist” and ular those of children. As noted by international community to take STRIP ARE NOT “terrorism” in the absence of a comprehensive and precise internationally-recognised Special Rapporteur Alston: immediate and positive action to definition, see UN Economic and Social Council, Report of the Special Rapporteur on the “In order to ensure that account- promotion and protection of human rights and fundamental freedoms while countering ability is meaningful, States must ensure that further attacks on the CARRIED OUT terrorism, Martin Scheinin (28 December 2005) UN Doc. E/CN.98/2006/4 at para 50. specifically disclose the measures civilian population in the Gaza [14] The Public Committee against Torture in Israel and Palestinian Society for the in place to investigate alleged un- Strip are not carried out. As part of Protection of Human Rights and the Environment v Israel, HCJ 769/02, 13 December lawful targeted killings and either this, we call upon the Prosecutor of 2006, at para 60, available at: https://casebook.icrc.org/case-study/israel-targeted-kill- to identify and prosecute perpetra- the International Criminal Court to ings-case. tors, or to extradite them to anoth- quickly conclude her preliminary [15] Separate Judgement of Vice President E Rivlin, at para 2, available at: https://case- er State that has made out a prima book.icrc.org/case-study/israel-targeted-killings-case. examination, and move promptly to [16] facie case for the unlawfulness of a investigate these incidents, as well as UN Human Rights Council (note 9) at para 16. targeted killing.”[17] [17] Ibid. at para 90. the wider situation in the Occupied [18] Ibid., conclusions. In cases where a “targeted attack” [19] is to take place in a populated ur- Palestinian Territories. Office of the High Commissioner for Human Rights, UN human rights experts condemn ban area, the Rapporteur further killings of Palestinians near Gaza fence by Israeli security forces (17 April 2018), available ______at: https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22950. concluded that it was incumbent on [20] [1] Al-Haq Field Report (13 November 2019). UN Human Rights Council, Report of the detailed findings of the independent the attacking power to provide ad- [2] Al-Haq, Palestinian, regional, and international Commission of inquiry on the protests in the Occupied Palestinian Territo- vance warning to the surrounding international groups submit report on ry (18 March 2019) UN Doc. A/HRC/40/CRP/2, at para 775. civilian population. It is also worth Israeli apartheid to UN Committee on the noting the Rapporteur’s observation Elimination of Racial Discrimination (12 Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 that “[a]lthough the use of civilians November 2019), available at: http://www. 18 19 1979 2019 Palestinian, regional, and international groups Humanity submit report on Israeli apartheid to UN Committee on the Elimination of Racial DiscriminAation

n November 2019, eight Palestinian, of dispossession, domination, and to silence opposition to its apartheid created, and continue to maintain, regional, and international systematic fragmentation of the regime through intimidation and an institutionalised regime of racial Iorganisations, including Al-Haq, Palestinian people. This conduct by institutionalised harassment, domination and oppression over the BADIL, the Palestinian Center for the State serves to persistently deny including mass arbitrary detention, Palestinian people as a whole, which Human Rights (PCHR), Al Mezan the right of reparation, including torture and other ill-treatment, amounts to the crime of apartheid Centre for Human Rights, Addameer, consensual return to their homes, widespread collective punishment, under Article 3 of ICERD. The organ- the Civic Coalition for Palestinian lands, and property, to Palestinian including punitive residency isations further recommended that Rights in Jerusalem (CCPRJ), the Cairo refugees and other persons displaced revocation, intense surveillance and the Committee demand that Israel Institute for Human Rights Studies in the waves of ethnic cleansing carried intervention in communications, and cease all measures and policies that (CIHRS), and Habitat International out since the State’s establishment. Government-led smear campaigns. contribute to the fragmentation of Coalition – Housing and Land Rights Moreover, the report details how These efforts are intended to the Palestinian people and repeal all Network (HIC-HLRN), submitted a Israel has continued to confer public delegitimise the work of human legislation enshrining racial discrimi- comprehensive 60-page report to functions of the State to the World rights defenders and organisations nation, domination, and oppression, the United Nations (UN) Committee Zionist Organization/Jewish Agency that defend the rights of Palestinians including the Jewish Nation-State on the Elimination of Racial and the Jewish National Fund, which “Welcome to Elyaho Ter- and are fuelled by racist hate speech Law (2018), which is antithetical to Discrimination (CERD) ahead of are chartered to carry out material minal This terminal is for and incitement to racial hatred and the object and purpose of the Con- Israel’s upcoming review in December discrimination against non-Jewish Israelis only. Crossing and/ violence. vention and has the purpose of nulli- 2019. persons. By exploiting and diverting or transporting anyone who Overall, the organisations urged the fying the recognition, enjoyment, and The joint parallel report details Palestinian natural resources for is not Israeli through this ter- UN Committee to recognise and to exercise, on an equal footing, of all Israel’s creation of an institutionalised the benefit of Israeli-Jewish settlers, minal is forbidden!” - Picture declare that Israel’s policies have human rights and fundamental free- regime of systematic domination and these parastatal institutions have taken at Qalqilia Checkpoint. doms in the oppression over the Palestinian people historically prevented the indigenous State Party. as a whole, including Palestinian Palestinian people on both sides of Overall, citizens of Israel, Palestinians in the the Green Line from accessing or the organ- occupied Palestinian territory (oPt), exercising control over their means of isations and Palestinian refugees and exiles subsistence. stressed that abroad, which amounts to the crime In addition, the organisations “only by ex- of apartheid under international examine the manner in which Israel amining Is- law. In the report, the organisations has maintained its apartheid regime, raeli policy argue that Israel has created and embedded in a system of impunity toward the maintained an apartheid regime and the inability to meaningfully Palestinian over the indigenous Palestinian challenge Israel’s suspected crimes, people as a people, in violation of its obligations as underpinning Israel’s continued whole can under Article 3 of the International domination over the Palestinian we begin to Convention on the Elimination of people. Through denial of Palestinian undo the All Forms of Racial Discrimination refugee return, restrictions on political, le- (ICERD), which enshrines: “States freedom of movement and residence, gal, and geo- Parties particularly condemn racial and the closure of Jerusalem and graphic frag- segregation and apartheid and of the Gaza Strip, Israel has further mentation undertake to prevent, prohibit and entrenched the fragmentation of imposed on eradicate all practices of this nature the Palestinian people and of the the Palestin- in territories under their jurisdiction.” oPt, while it has continued to pursue ian people The report outlines that since 1948 ongoing policies and practices of that under- the State of Israel has instituted a demographic manipulation and pins Israel’s series of discriminatory laws, policies, population transfer, designed to apartheid re- and practices – constituting the legal create a coercive environment for gime.” foundation of the State – which Palestinians. Finally, the report seek to maintain a racialized regime highlights Israel’s increased efforts Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 20 21 1979 2019 Bedouin camp at Ein El Helweh, Al Maleh, Jordan Valley. Israeli occupation army puts a warning at the entrance to every camp declaring it a firing area. PHROC Condemns Israeli Imposed Movement PHROC Condemns Israel’s Judicial Decision to Restrictions and Travel Ban against Amnesty Deport Human Rights Watch Omar Shakir International Staff Laith Abu Zeyad

n 26 October 2019, Amnesty Organisations Council (PHROC) stands in On 5 November 2019, Israel’s of law and promote human rights International staff member, solidarity with Mr. Laith Abu Zeyad and Supreme Court upheld the decision standards for the Palestinian people. Laith Abu Zeyad, Campaigner Amnesty International. PHROC strongly O to deport Omar Shakir, Director PHROC stands in solidarity with Omar on Israel and the Occupied Palestinian condemns the movement restrictions Territory, was prevented from travelling imposed against Mr. Abu Zeyad and of Human Rights Watch, based on Shakir and Human Rights Watch and by the Israeli authorities for alleged associated infringements on the right the 2017 Amendment No. 28. The strongly condemns the decision of “security reasons” while trying to to freedom of movement and family attend a relative’s funeral in Jordan. life. PHROC demands the travel ban and decision is based on Israel’s anti- Israel’s Supreme Court. PHROC calls Earlier in September 2019, Israeli movement restrictions immediately boycott law which prohibits the on the international community, authorities denied Mr. Zeyad’s request be lifted. PHROC further reaffirms grant of a permit for entry to, and including relevant UN bodies and third for a humanitarian permit to accompany the critical role of Palestinian and his mother for medical treatment in international human rights organisations, residence in Israel, to any person who States to take immediate action to Jerusalem. The Israeli authorities have defenders and activists in promoting and has knowingly published a public ensure the protection of civil society not publicly provided evidence for Mr. protecting the rule of law and human call to engage in a boycott against and human rights organisations Zeyad’s travel ban.[1] Israel’s arbitrary rights standards in Palestine and for the movement restrictions and travel ban Palestinian people – which will not be Israel or has made a commitment working for Palestinian rights, and against Mr. Zeyad must be viewed hampered by Israel’s smear campaigns to participate in such a boycott. to ensure their continued work and within the context of Israel’s growing and acts of intimidation. [1] The Supreme Court’s ruling presence without limitations. PHROC institutionalized repression, intimidation ______and attacks against civil society [1] gave Mr. Shakir 20 days to leave reaffirms the importance of human Linah Alsaafin, ‘’Punitive’: Palestinian rights [2] organizations, human rights defenders activist slams Israel’s travel ban’ (Al Jazeera, 2 Israel. The decision to deport Mr. rights defenders and organizations and activists working for Palestinian November 2019) https://www.aljazeera.com/ Shakir illustrates Israel’s continued in promoting and protecting rights. news/2019/11/palestinian-rights-activist- Such institutionalized campaign, led slams-israel-travel-ban-191102181730987. escalating institutionalized targeting human rights and the rule of law in by the Israeli authorities and other html accessed 5 November 2019. of human rights defenders and Palestine, who will not be hampered [2] lobbying groups, is an attempt to silence ‘Israel/ OPT: Amnesty staff member organizations aimed to suppress and by Israel’s smear campaigns, acts of Palestinian and international human faces punitive travel ban for human rights rights organisations and hinder their work’ (Amnesty International, 31 October delegitimize work that monitors, intimidation and arbitrary measures, work in monitoring and documenting 2019)https://www.amnesty.org/en/latest/ documents and criticizes its policies including deportation and movement human rights violations and from seeking news/2019/10/israel-opt-amnesty-staff- accountability. According to a statement member-faces-punitive-travel-ban-for- and systemic violations against restrictions. made by Kumi Naidoo, the Secretary- human-rights-work/ accessed 5 November Palestinians. ______General of Amnesty International, travel 2019. In response to Israel’s decision to [1] ‘Statement: Israeli High Court Orders bans are being used as punishment [3] ‘Yet another Palestinian civil society leader against Palestinian human rights targeted by Israel: Addameer chairperson deport Mr. Shakir, the Palestinian the Deportation of Human Rights defenders and those who are willing to Abdullatif Ghaith receives ban from leaving Human Rights Organisations Council Watch Director Omar Shakir’ (Al-Haq, the country’ (Al-Haq, 9 August 2012) http:// criticize Israel’s discriminatory acts and (PHROC) reminds that this decision 17 April 2019) http://www.alhaq. policies.[2] www.alhaq.org/advocacy/6842.html accessed 5 November 2019. ‘Israel Renews Travel reaffirms that the Occupying Power org/advocacy/6067.html accessed 6 The case of Laith Abu Zeyad is illustrative Ban on Abdul-Latif Ghaith’ (The Palestinian Layth Abu Zeyad November 2019. to Israel’s arbitrary policy of travel bans Information Center, 27 August 2017) https:// does not tolerate criticism or against human rights defenders and english.palinfo.com/news/2017/8/27/ allows for freedom of expression. [2] Jeffrey Heller, ‘Israel’s top court clears activists. Mr. Abdullatif Ghaith, former Israel-renews-travel-ban-on-Abdul-Latif- The decision further proves that way for deportation of Human Rights Addameer Prisoner Support and Human Ghaithaccessed 6 November 2019 Rights Association Chairperson, has [4] Human rights organisations call on Israel Israel’s judiciary merely provides Watch official’ (Reuters, 5 November been banned from travelling abroad and to lift travel ban on Shawan Jabarin’ (Al-Haq, a rubber stamp for the Israeli 2019) https://www.reuters.com/article/ from leaving Jerusalem.[3] In 2006, Israel 29 November 2011) http://www.alhaq.org/ authorities’ arbitrary policies and us-israel-rights/israels-top-court-clears- imposed a travel ban on Shawan Jabarin, advocacy/6959.html accessed 5 November Omar Shaker the General Director of Al-Haq.[4] In April 2019. measures, including against human way-for-deportation-of-human-rights- [5] 2019, Omar Barghuoti, the co-founder of ‘PHROC Condemns U.S. Entry Ban on Omar rights organizations, defenders and watch-official-idUSKBN1XF16Maccessed the BDS movement was prohibited from Barghouti’ (Al-Haq, 23 April 2019) travelling to the United States from the http://www.alhaq.org/palestinian- activists working to uphold the rule 6 November 2019. Ben Gurion Airport in Tel Aviv.[5] human-rights-organizations-council/6065. html accessed 5 November 2019. The Palestinian Human Rights Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 24 25 1979 2019 Palestinian and regional groups send joint urgent Omar Barghouti at Imminent Risk of Deportation appeal to UN special procedures warning against as Israeli Interior Minister Initiates Proceedings the imminent deportation of Omar Barghouti to Punitively Revoke his Residency Status

n November 6, 2019, four accountability, has grave implications I plan to act quickly to revoke and his calls for accountability for Palestinian and regional for further repression, silencing, Omar Barghouti’s resident status Israel’s widespread and systematic groups, including Al- and intimidation by the Israeli in Israel” Arye Deri, Israel’s human rights violations against the O “Interior Minister, 6 October 2019 Palestinian people. Haq, the Cairo Institute for Human Government of anyone advocating Rights Studies (CIHRS), BADIL, and for the rights of the Palestinian people On 6 October 2019, Israeli Interior The statement made by Interior Community Action Center at Al- and seeking to challenge Israel’s Minister Arye Deri announced that Minister Deri, dated 6 October 2019, Quds University (CAC) sent a joint institutionalised regime of racial he is working towards revoking is only the latest manifestation of urgent appeal to five United Nations domination and oppression. Israel’s the residency status of Palestinian Israel’s State-led repression against (UN) special procedures, calling on policy and practice of revoking the resident and human rights defender Omar Barghouti for his human Omar Barghouti. The Israeli Interior rights work. To date, several Israeli them to take action to prevent the residency status of Palestinians, Omar Barghouti imminent risk of deportation of including on punitive grounds for Minister has “instructed the legal ministers, including Deri, have Palestinian human rights defender so-called ‘breach of allegiance’ to department of the Population, targeted Barghouti, frequently Omar Barghouti, following the the State, is in clear violation of Immigration and Borders Authority delaying the renewal of his travel initiation by the Israeli Interior its obligations under international to prepare the legal framework document, which in effect means Minister of proceedings to punitively law and has been used as a tool to to revoke Barghouti’s resident banning him from travel, threatening revoke his residency status for so- suppress Palestinians’ activism and status,” placing him at imminent his right to family life and unity called ‘breach of allegiance’ to the to restrict their right to freedom of threat of deportation. Prior to this by calling for the revocation of State. expression when challenging Israel’s announcement, Israel’s Attorney- his residency status, and making As a Palestinian human rights violations and suspected crimes. General, Dina Zilber, confirmed statements containing threats to his defender and co-founder of the The joint urgent appeal was addressed that the Minister of the Interior life and personal safety. Barghouti’s nonviolent Boycott, Divestment to the UN Special Rapporteur on has the prerogative to revoke the threatened residency revocation and Sanctions (BDS) movement for the situation of human rights in the residency status of a person who is comes in light of an ongoing and Palestinian rights, Omar Barghouti occupied Palestinian territory, Mr. accused of ‘breaching allegiance’ systematic effort led by the Israeli has been repeatedly targeted by Michael Lynk, the Special Rapporteur to Israel. Barghouti is a resident Government to create a coercive Israel for his calls for freedom, on the situation of human rights of Israel, a status he received in environment designed to silence and justice, and equality for the defenders, Mr. Michel Forst, the 1994, following a process of family undermine the work of human rights Palestinian people in accordance Special Rapporteur on the promotion unification with his wife who is defenders and activists promoting with international law. On 6 October and protection of the right to a Palestinian citizen of Israel. the rights of the Palestinian people 2019, Israeli Interior Minister Arye freedom of opinion and expression, According to the Interior Minister’s and challenging Israel’s widespread Deri announced that he is working Mr. David Kaye, the Special announcement, he plans to act violations and suspected crimes. It towards revoking the residency Rapporteur on the rights to freedom quickly to revoke Barghouti’s resident is within this context that the Israeli status of Omar Barghouti, placing of peaceful assembly and of status, because “[h]e is a person authorities have increasingly resorted him at imminent risk of deportation. association, Mr. Clément Nyaletsossi who is doing everything to hurt the to smear and de-legitimisation Prior to this announcement, Israel’s Voule, and the Independent Expert country, and therefore, he cannot campaigns against human Attorney-General, Dina Zilber, had on human rights and international enjoy the privilege of being a resident rights defenders, activists, and civil confirmed that the Minister of solidarity, Mr. Obiora C. Okafor. of Israel.” As a Palestinian human society organisations advocating for Interior has the prerogative to revoke In their urgent appeal, the rights defender and co-founder the rights of Palestinians and calling the residency status of a person who organisations urged the relevant of the Boycott, Divestment and for justice and accountability. is accused of ‘breaching allegiance’ special procedures mandates to Sanctions (BDS) Movement, Omar In addition, Israel’s practice of punitive to Israel. recognise Israel’s policy and practice Barghouti has been targeted by Israel residency revocation on the basis of In the joint urgent appeal sent of residency revocation as illegal for his calls for freedom, justice, and so-called ‘breach of allegiance’ to to UN human rights experts on and to call on Israel to repeal its equality for the Palestinian people in the State, has been used as a tool to Nov. 6, the four Palestinian and racist Entry into Israel Law, including accordance with international suppress Palestinians’ activism and regional organisations argued the ‘breach of allegiance’ criterion law. Accordingly, Barghouti’s to restrict their right to freedom of that the threatened revocation of used to threaten the residency rights threatened residency revocation expression when challenging Israel’s amounts to a clear assault on his right systematic violations of international Barghouti’s residency status on of Palestinians. the basis of his human rights work, to freedom of expression, including law. On 17 October 2017, in response including his calls for justice and Humanity. Vol. 01, No. 3, September 2019 Humanity. Vol. I, No. 5, November 2019 his work as a human rights defender to a request based on the Freedom 26 27 1979 2019 Humanity Humanity

of Information Act, the Israeli Interior Rights Studies (CIHRS) Rights Defenders Network absence of any legal grounds in Ministry acknowledged it had 2. Al-Haq (SAHRDN) Israeli legislation permitting punitive revoked the residency status of 13 3. 7amleh - Arab Center for the 28. Syrian Center for Media and residency revocation on the basis Palestinians on the basis of ‘breach of Advancement of Social Media Freedom of Expression (SCM) of so-called ‘breach of allegiance.’ allegiance’ to Israel. This overbroad 4. Albanian Media Institute 29. The African Centre for Despite this conclusion, the criterion could be widely applied to 5. Addameer ISRAEL’S Democracy and Human Rights Supreme Court nevertheless upheld Palestinians voicing opposition to the 6. Adil Soz Studies the revocation of the petitioners’ Israeli authorities in their exercise of 7. The African Centre for POLICY OF 30. Vigilance for Democracy and residencies for six months, allowing their fundamental right to freedom of Democracy and Human Rights SILENCING the Civil State the illegality to continue, and gave expression. Israel’s policy of silencing Studies (ACDHRS) 31. Visualizing Impact the Israeli Parliament (the Knesset) opposition through threatened 8. BADIL Resource Center for OPPOSITION this period of time to change the law deportations and punitive residency Palestinian Residency and ANNEX: Background Information in order to legalise punitive residency revocation stands in clear violation of Refugee Rights THROUGH Barghouti is not the first Palestinian revocation on the basis of ‘breach of international human rights standards 9. Cartoonists Rights Network to have been threatened with allegiance’ to the State of Israel. and treaties, which Israel is bound to International (CRNI) THREATENED punitive residency revocation on Following the Supreme Court respect, protect, and fulfil towards 10. Civic Coalition for Palestinian the basis of ‘breach of allegiance’ by judgment, the Entry into Israel Law of the Palestinian people, in particular Rights in Jerusalem (CCPRJ) DEPORTATIONS the Israeli authorities, despite the 1952 was amended on 7 March the right to freedom of expression 11. CIVICUS AND PUNITIVE illegality of the practice. Following a 2018, thereby granting the Israeli and to freedom of movement and 12. Community Action Center – request sent to the Ministry of the Interior Minister the power to revoke residence, including to leave one’s Al Quds University RESIDENCY Interior based on the Freedom of residency rights of Palestinians based country and to return. 13. Defense for Children Information Act, the Interior Ministry on the additional criterion of ‘breach In light of the above, the undersigned International - Palestine REVOCATION BARGHOUTI IS acknowledged on 17/10/2017 that of allegiance’ to Israel. According organisations call on the international 14. Free Media Movement - Sri it had revoked the residency status to the Law, as amended, ‘breach of community to: Lanka STANDS IN NOT THE FIRST of 13 Palestinians on the basis of allegiance’ is defined as committing, 1/ Act immediately to prevent the 15. Freedom of Expression ‘breach of allegiance’. or participating in, or incitement to revocation of Omar Barghouti’s Institute (FXI) CLEAR VIO- PALESTINIAN The first punitive residency commit a terrorist act, or belonging residency status on the basis of 16. Hurryyat - Center for Defense LATION OF revocation carried out by the Israeli to a terrorist organization, as well ‘breach of allegiance’ to Israel or of Liberties and Civil Rights TO HAVE BEEN authorities dates back to 2006, as committing acts of treason or on the basis of any other criteria, 17. IJC Moldova INTERNATION- when the Minister of the Interior aggravated espionage. By using this which, if carried out, will result in 18. International Service for THREATENED revoked the residency status of overbroad and vague definition of violations of his rights to freedom of Human Rights (ISHR) AL HUMAN WITH PUNI- three Palestinian parliamentarians ‘breach of allegiance,’ the Israeli expression, freedom of movement 19. Jerusalem Legal Aid and in addition to the former Palestinian Parliament has made it possible for and residence, and would contribute Human Rights Center (JLAC) RIGHTS STAN- TIVE RESIDEN- Minister of Jerusalem, claiming they current and future Israeli Interior to the commission of the serious 20. Media Institute of South had ‘breached allegiance’ to Israel. Ministers to revoke the residency crime of population transfer of Africa (MISA) - Zimbabwe DARDS AND CY REVOCA- The revocation of the residency status rights of Palestinians, based solely the Palestinian people under 21. Pacific Islands News TREATIES of Palestinians in a punitive manner on their own interpretation that international law; Association (PINA) TION has thus already been used by Israel the resident “has committed an 2/ Call on the international 22. Pakistan Press Foundation against politically active Palestinians, act which is considered a breach of community and UN member (PPF) in a manner, which violates their allegiance to the State of Israel.” With states to exert pressure on Israel 23. Palestinian Counseling Center rights to freedom of expression and this amendment, Israel has made to comply with international law, 24. Palestinian Non- association. it possible to revoke the residency by immediately revoking its Entry Governmental Organizations In 2006, the four Palestinians filed status of any Palestinian based on into Israel Law, which has been used Network (PNGO) a petition (HCJ 7803/06) to the vague, overbroad, and subjective to systematically violate the right of 25. Ramallah Center for Human Israeli Supreme Court. Rendering its grounds, thereby contributing to the Palestinian citizens to freedom of Rights Studies judgment on 13 September 2017, serious crime of population transfer movement and residence, including 26. ROADDH/WAHRDN more than eleven years after the and demographic manipulation, in to leave their country and to return. endorses. petition had been filed, the Israeli violation of established norms of 1. Cairo Institute for Human 27. Southern Africa Human Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 Supreme Court acknowledged the international law. 28 29 1979 2019 Prosecuting Judges for Exercising their Right Humanity to Freedom of Expression is a Violation of the Law and International Standards

l-Haq is following closely the human beings, whether the person shall not rid this right of its contents their inherent right to freedom recent developments within is a judge or not, as affirmed by the or jeopardize its exercise. of expression amounts to a the judiciary, consisting of Universal Declaration of Human Al-Haq reaffirms its joint position violation of the Basic Law, A international human rights the referral of Judge Dr. Ahmad Al- Rights (UDHR), and international paper, as issued on 5 September Ashqar to the Disciplinary Board human right instruments, including: AL-HAQ RE- 2019, which included calls by civil treaties and standards, and the Code of Judicial Conduct. for publishing an article in his name the International Covenant on Civil society organizations in the West AFFIRMS THE 2. All circulars issued by the heads in the media. These developments and Political Rights (ICCPR), the Basic Bank and Gaza Strip for the reform of previous Judicial Councils in follow the previous referral of Judge Principles on the Independence of IMPORTANCE and unity of the Palestinian judiciary addition to the current head of Dr. Ayman Thaher for investigation the Judiciary, the Bangalore Principles OF THE PRO- and justice sector. In the position the Transitional High Judicial on the basis of a post he published of Judicial Conduct, the Burgh House AL-HAQ RE- paper, the organizations stressed Council, which infringe the on his personal Facebook account. Principles on the Independence TECTION OF AFFIRMS ITS the urgent need to repeal Law right of judges to freedom of These latest developments must be of the International Judiciary, the THE RIGHT OF by Decree No. 17 of 2019 on the expression, must be repealed considered in light of the alarming regional Riyadh Instrument on the JOINT PO- formation of the Transitional High for violating the provisions of and unfortunate statements Ethics and Conduct of Arab Judge, the JUDGES TO Judicial Council, due to its violation the Basic Law and international and circulars recently issued with Palestinian Judicial Code of Conduct, SITION PA- of the Basic Law and the Law on the standards. 3. All regulations and decisions respect to the media by the head of and other international and regional FREELY EX- Judicial Authority. In addition, the PER WHICH issued by the Judicial Councils, the Transitional High Judicial Council. treaties protecting and safeguarding PRESS THEIR organizations considered that the including the Regulations of These have resulted in violations of the right to freedom of expression of INCLUDED right to judicial reform and unity Judicial Inspection, must be the right to freedom of expression, judges. OPINIONS is a right of Palestinian society in reviewed. This includes the duty as guaranteed to judges under the Al-Haq affirms that the duty of CALLS BY CIVIL the West Bank and Gaza Strip, also to ensure the cessation of the amended Basic Law, international judicial conservatism for judges is highlighting the repeated attempts monopoly of power exercised human rights treaties and standards, of a purely functional nature and SOCIETY OR- by the executive authority to exercise by the head of the Transitional and the Code of Judicial Conduct. does not involve restrictions on GANIZATIONS its monopoly over the judicial reform High Judicial Council in relation Al-Haq reaffirms the importance of the right to freedom of expression process, which have resulted in to the complaints submitted the protection of the right of judges under international human rights IN THE WEST its failure. Finally, the position against judges, including his power to decide in favor or to freely express their opinions and standards. Instead, the principle is paper also stressed the need to BANK AND against the referral of judges for considers that this fundamental right limited to cases brought before the include the Supreme Constitutional judicial inspection. In addition, falls within the framework of judicial judge. As such, judges have the right GAZA STRIP Court in reforming and unifying these regulations and decisions reform and the independence of the to freely express their opinions in the the judiciary, in addition to the must be brought in line with the judiciary. In addition, denying judges media and on social media, without FOR THE RE- need to hold community-based provisions of the Basic Law, the their right to freedom of expression restrictions, and by any means, they FORM AND consultations within a specified Law on the Judicial Authority, implies discrimination between choose. This encompasses the right timeframe and with a clear and and relevant international judges and non-judges, which is of judges to freely express criticism UNITY OF THE transparent methodology, founded standards. prohibited by the amended Basic as to the performance of the judicial in the principle of the rule of law and 4. Al-Haq calls upon President Law and international standards. administration, and the state of the PALESTINIAN accountability for interference with Mahmoud Abbas to issue a decree calling for the Accordingly, the right of judges judiciary, or others, as enshrined judicial affairs. JUDICIARY organization of general and to the protection of fundamental in the Basic Law and international Accordingly, Al-Haq condemns the simultaneous presidential and freedoms requires guaranteeing this treaties and standards. Accordingly, AND JUSTICE assault on the right of judges to legislative elections, according inalienable human right to judges. the right of judges to freedom of SECTOR freely express their opinions, and to the law, to ensure an The international human rights expression does not infringe on their affirms the following: enabling environment for the system, and at its forefront, the right independence and impartiality. In 1. The referral of judges for reform of the judiciary and the to freedom of expression, is indivisible addition, any restrictions imposed on investigation and discipline on justice system in Palestine. and addresses the inherent rights of the right to freedom of expression the basis of their exercise of Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 30 31 1979 2019 Al-Haq’s Position Paper on the Law by Decree Humanity on Cybercrimes and Blocked Websites

On 17 October 2019, at the request of opinion and expression, freedom particularly those who criticise the dialogue held with the Government in of the Attorney-General of the State of the press, digital rights, and the Executive Authority. Another concern 2017,with participation of Al-Haq and of Palestine, the Magistrate Court of right to privacy, prompting the is also raised in regard to the multiple Palestinian civil society organisations,., Ramallah rendered a decision, ruling United Nations Special Rapporteur references to severe sanctions Al-Haq published its detailed for the blocking of 59 websites at once. on the promotion and protection of THIS DE- prescribed by the Law by Decree, comments on the Law by Decree on The Court decision was premised on the right to freedom of opinion and inconsistent with Article 19 of the Cybercrime in 2018, it also sent letters Article 39 of the Law by Decree on expression, David Kaye (hereinafter CLINE IN THE International Covenant on Civil and with its’ comments on the law by Cybercrimes No. 10 of 2018, which as the Rapporteur) to direct a Political Rights (hereinafter referred decree to the Prime Minister, Minister provides: communication to the Palestinian FREEDOM OF to as ICCPR… and that the sanctions of Justice, and Minister of Foreign “(1) The competent authorities Government, dated 16 August 2017, imposed by the Law by Decree do Affairs in his capacity as Chairman of investigation and seizure, in based on two communications Al-Haq OPINION AND not comply with the requirement of of the National Standing Committee the event they monitor hosted sent to the UN Special Rapporteur Mr. proportionality established by Article for Following-up on the State of electronic websites broadcasting Kaye that included Al-Haq’s comments EXPRESSION (19) paragraph (3) of the ICCPR”. Palestine’s Accession to International either inside or outside the State, on the Law by Decree on Cybercrime The Special Rapporteur called on the Conventions and Treaties. Al-Haq post any expressions, figures, images, and the abuses of the right to freedom AND DIGITAL PA to “take all necessary steps to review stressed, and continues to stress films, advertising materials or else, of opinion, press, and digital rights in the Law by Decree on Cybercrime to the urge for making substantial which may threaten the national Palestine. RIGHTS COMES ensure it is in consistency with the amendments to the Law by Decree on security, public order or public morals, In his written communication AT THE RE- State of Palestine’s obligations under Cybercrimes, based on International shall be entitled to submit a report directed to the Palestinian IN THE BROAD- the International Human Rights Law.” Human Rights Conventions, standards, thereon to the Attorney General, or Government,and published to the QUEST OF In September 2017, the Palestinian and best practice. one of his assistants, and request the public, and on the electronic website ER CONTEXT Government sent a written response This decline in the freedom of opinion permission to block the broadcast of the mandate of the Special THE ATTOR- to the above-mentioned Special and expression and digital rights of the electronic website(s) or block Rapporteur on the promotion and OF THE DE- Rapporteur’s Communication; the comes in the broader context of the some of their links. protection of the right to freedom NEY-GENERAL response included 15 clauses, and deteriorating Palestinian political (2) The Attorney General, or one of of opinion and expression, Mr. TERIORATING reaffirmed, among other issues, the system and situation of human rights his assistants, shall submit the request Kaye expressed his deep concern OF THE STATE “Pledge made by the President in Palestine, caused by the absence for a permission to the Magistrate over information received, which PALESTINIAN of State of Palestine and Prime of public authorities, unprecedented Court within 24 hours, enclosed include that the Palestinian Authority OF PALESTINE, Minister to amend any article that monopoly of the Executive Authority with a memorandum of his opinion. (hereinafter referred to as PA) has POLITICAL SYS- runs counter to the Palestinian and its apparatus over the decision- The Court shall render its decision blocked at least 30 electronic websites, THE MAGIS- Basic Law or is incompatible with making process. In addition to the on the request at the same day it is including websites publishing news, or TEM the State of Palestine’s obligations years-long absence of the Palestinian brought before it; stating either its opinions critical of the PA, and that TRATE COURT under International Conventions.” Legislative Council (hereinafter as the approval or rejection, provided that the Palestinian Law by Decree on In addition, within its response, the PLC), and its subsequent dissolution the duration of the blockage does Cybercrime raises concern over the OF RAMALLAH Palestinian Government affirmed through an unconstitutional decision not exceed six months, unless the right to freedom of expression and that the Palestinian Government issued by the Supreme Constitutional duration is renewed in accordance right to privacy on the internet. RENDERED is proceeding with taking the Court, this comes along with the with the procedures provided under The Special Rapporteur, Mr. Kaye necessary procedures to update efforts made for reforming the Judicial this Article.” also expressed his “deep concern A DECISION, the Law on Printed Materials and Authority and Justice Sector which This decision was preceded by the that the Palestinian Law by Decree Publication, giving journalists, media failed due to the interference of the blocking of almost 30 websites, all on Cybercrimes excessively uses RULING FOR representatives and correspondents Executive Authority and lack of will at ones, in 2017, putting journalists overbroad terms that lack adequately necessary guarantees for their work in for the reform, in addition to the on trial on basis of their work in clear definitions; allowing public THE BLOCKING accordance with the Palestinian Basic absence of community involvement in Journalism and publishing activities; authorities to criminalise the Law and International Conventions, the decision-making process with the where some are currently still on expression of opinions on the OF 59 WEB- stressing the importance of continuing continuous flow of laws by decrees trial under the Palestinian Judiciary in internet, and impose severe sanctions the work of the Committee for Review issued by the President for years, accordance with the Law by Decree on on those who don’t comply with SITES AT ONCE of the Palestinian Law by Decree on and it’s problematic constitutionality, Cybercrimes. In addition to that, and its terms. In aaddition, and in the Cybercrimes, and the necessity for the which requires a topmost priority of preceding the mentioned decision, absence of a law on the Right of committee to complete its functions taking an immediate action to hold the Law by Decree on Cybercrimes Access to Information, the Law by as soon as possible in order to duly simultaneous public presidential and received widespread criticism from Decree on Cybercrimes mayresult take procedures” However, the Law legislative elections and guaranteeing Al-Haq and many other Palestinian in huge censorship and self- by Decree on Cybercrimes has not its fairness and transparency. civil society organisations for its censorship practiced by media outlets been amended as up to now. Al-Haq’s comments on the Law by infringements of the right to freedom and individuals, over themselves, Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 After the failure of three rounds of Decree on Cybercrimes No. 10 of 2018: 32 33 1979 2019 Humanity Humanity

There is a need to review the Law by to thecompetent court only, and from the competent court, in press, and digital rights, which for that Decree on Cybercrimes to guarantee by a reasoned court decision that addition to a reasoned court decision, requires the removal of this article. its full consistency with international demonstrates the fulfilment of the demonstrating the availability of the Adding an article to the Law by Decree human rights treaties, standards, and two conditions of the necessity and necessity and proportionality once. on Cybercrimes that ensures the best practice, including as outlined proportionality in order to achieve a THE URGE FOR Removing Article 39 of the Law by adaptation of International standards by International Convention on lawful objective worthy of protection. Decree on Cybercrimes which allows of human rights within its provisions Cybercrime of the Council of Europe In addition to amending paragraph (2) PRESIDENT the blocking of websites based on overall, as well as ensuring the well- ( or Budapest Convention), Article 19 of the same text which requires service reports submitted by the competent being of the practical implementation. of the ICCPR enshrining the (right to providers to block the link, content MAHMOUD authorities of investigation and seizure Such article reads as follows: “It shall freedom of opinion and expression), or application on the internet based (Security Services) to the Attorney be prohibited that any provision under Article 17 of the ICCPR on the (right on the orders issued forth thereto ABBAS TO IS- General or one of his assistants in this Law by Decree be interpreted or to privacy), and the 2014 International from the judicial authorities, to order to receive permission from the construed in a manner that violates Principles on the Application of instead be based on the commitment SUE A DECREE, Magistrate Court block the websites the right to freedom of opinion and Human Rights to Communications to the two conditions of necessity within 24 hours, using overbroad expression, freedom of the press, Surveillance. and proportionality, in addition to a CALLING FOR terms relevant to national security, digital freedoms, and right to privacy Amending Article 3 of the Law by reasoned court decision and limited to public order and public morals, which enshrined in the Amended Basic Decree, which provides that “a felonies, and identifying such crimes. SIMULTANE- has been the provision lately used as a Law the International Conventions to specialised cybercrimes unit shall be Amending Articles 32 and 33 of the ground for blocking all 59 websites by which the State of Palestine acceded, established within the Police agency Law by Decree which allows the THERE IS A OUS LEGIS- a decision from the Magistrate Court., as well as the relevant international and security forces.” to instead Public Prosecution or the officers it while such article conflicts with the standards.” establish a single cybercrimes unit that deputes from officers with judicial NEED TO RE- LATIVE AND Basic Law, International Conventions, Accordingly, and in line with of operates under the Police agency, and capacity (i.e. security services), to standards and best practice, and promoting the right to freedom of supervised by the Public Prosecution. obtain the devices, electronic data or VIEW THE LAW PRESIDENTIAL guarantees of a fair trial. opinion, freedom of the press and Moreover, for the purposes of the Law information, traffic data, data relating Removing Article 45 of the Law by human rights, Al-Haq calls for the by Decree on Cybercrimes; limiting the to communication traffic, passing BY DECREE ON ELECTIONS Decree that provides the sanctioning following: judicial police capacity to the police information, information relevant of any person who perpetrates The urge for President Mahmoud apparatus, to preclude the overlap to communications’ transactions, CYBERCRIMES an act constituting a crime under Abbas to issue a decree, calling of tasks within the of Palestinian subscribers information, the search any enforced legislation which is for simultaneous legislative and Security Agencies while prosecuting of information technology means, or TO GUARAN- implemented over the internet or any presidential elections to end the cybercrimes, which violate rights. obtaining the permission to seize and means of information technology, or crisis, which the Palestinian political Amending Article 29 of the Law by restrain the information system either TEE ITS FULL that who is involved as an accomplice, system suffers from, and create a Decree that allows the dissolution wholly or partly copy data, or else. or abettor to its perpetration, while free environment for public elections of a juridical person (i.e. a media Whereas amending it to exclusively CONSISTENCY the Law by Decree on Cybercrimes did in addition to empowering the institution) in Cybercrimes, to ensure limit such procedure to the competent not state the same penalty prescribed citizens, particularly the youth, to compliance with the two conditions court and on grounds of a reasoned WITH INTER- for such crime under that other freely exercise their right to elect of “necessity and proportionality” court decision that demonstrates the legislation. Where such expansive their representatives and participate confirmed by international standards. availability of the two conditions of NATIONAL HU- provision brings tens of “overbroad in the decision-making process, as Where also the court decision issued necessity and proportionality with the terms”, provided for under Palestinian well as respecting the results of for the dissolution be restricted to aim of achieving a lawful objective that MAN RIGHTS legislations, particularly penal laws, the democratic, free and impartial serious felonies of cybercrimes, which is deserving of protection. under the enforcement of Law by elections, and maintain its regularity, shall be provided within the Law by Amending Article 34 of the Law by TREATIES Decree on Cybercrimes; of that, crimes in respect to the Constitutional Decree, as the dissolution of a media Decree that allows the Attorney committed against the internal and Legislature and provisions of the law. institutions is a severe punishment General or one of his assistants external national security provided The necessity for the full adaptation which may jeopardise the rights of all to issue an order to immediately under the Penal Code of 1960, inter of the Law by Decree on Cybercrimes the institution’s staff. collect and provide any data; alia, the crimes of undermining No. 10 of 2018 with International Amending Article 31(1) of the Law including communication traffic, “solemnity of the State” and Conventions, standards and best by Decree that states the obligation electronic information, traffic data, “weakening the national sentiment” practice in regard to the right to on the service providers to provide or subscriber’s information which as well as the crimes “Attenuating freedom of opinion and expression, the competent authorities with the he deems necessary for the benefit the Nation’s psychology” and tens freedom of the press, digital rights, subscriber’s information which help of investigations. This provision of other loose terms that violate and the right to privacy. uncover the truth, at the request of should be amended by prescribing an Article 19 of the ICCPR and relevant The immediate withdrawal of the court the Public Prosecution or competent obligation that such procedures should international standards on the right decisions on blocking websites both court, and instead; limit this procedure be taken once based on a permission Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 to freedom of opinion, freedom of the taking place in 2017 and in 2019; as 34 35 1979 2019 Humanity Al-Haq Field Report on Human Rights Violations in November 2019 such decisions violate the International Removing confinement in Killings by the Abdeen family to tend the Conventions, and standards, as well publication cases and replacing it land and rural house when the owner War on Gaza, Nov. 2019 as on the provisions of the Basic Law, with civil compensation, if relevant, n November 2019, 39 Palestinians was away. As they had to work on the which safeguard the right to freedom inconsistence with the International were killed, including 34 during land on the next day, Al-Shahri and of opinion and expression, freedom Conventions and standards, Abdeen decided to spend the night of the press, and digital rights. This, particularly Article 19 of the ICCPR, to the Israeli military offensive on the I in the house. The bombardment in addition to taking measures to which the State of Palestine acceded, Gaza Strip. The killed Palestinians ensure the non-recurrence in respect as well as with the General Comment included three women and eight also caused various damages to to the principle of the rule of law, 34 of the UN Human Rights Committee children. adjacent agricultural land and two constitutional legislature’s will, and on Article 19 of the ICCPR. greenhouses, belonging to Ayman State of Palestine’s obligations under Repealing the application ofthe Khamis Abdeen, father of Khamis, International Conventions, particularly “licensing” system imposed on the who was injured in the attack. the Core Human Rights Conventions establishing of audio-visual and print The killed Palestinians were as that it acceded to without reservations. media outlets, enforced by non- THE NECESSITY Omar Haytham al-Badawi (22): At The necessity for aapproving a Law on democratic regimes; as it violates follows: the Right to Access to Information that the International standards and best FOR APPROV- noon on 11 November 2019, Al- is fully consistent with international practice, in addition to its association Ahmed Mohammed al-Shahri Badawi was killed during a raid of the standards and best practice. with the “Security Clearance” ING A MOD- (27): At 1:35 am on Saturday, 12 Israeli Occupying Forces (IOF) into the The necessity for reviewing and condition, which requires that prior November 2019, an Israeli drone Al-Arrub refugee camp. Al-Badawi approving a Law on the Higher approval be obtained from security ERN LAW FOR fired a missile on a one-dunum left his home to help extinguish a Council for the Media, which ensures apparatus on licencing and renewing plot of agricultural land. Located fire that erupted next to the fence the Council’s independence and licences of media outlets, as imposed THE PALESTIN- surrounding his family’s house and a effectiveness and role in protecting on licencing and renewing the licences in the Al-Mawasi area southeast of the Khan Yunis city, a rural house tree. The fire was accidentally caused the right to freedom of opinion and of broadcasting stations, but instead; IAN JOURNAL- by Molotov cocktails; which young expression and freedom of the press. replacing the licensing system with (summer resort) belonging to a In addition to creating a pluralistic, registrations; as applied in democratic ISTS’ SYNDI- Palestinian was constructed on the men had thrown at the IOF during competitive, and free media regimes, only by submitting all the targeted land. The missile landed earlier clashes. Meantime, a group of environment, and investing in the required documents, as a right CATE in close proximity to the house. IOF were positioned in a lower area media sector. enshrined within the constitution About five minutes later, an Israeli and almost 15 metres away from Al- The necessity for approving a modern and international standards. as military aircraft fired another missile, Badawi. A soldier fired a live bullet, law for the Palestinian Journalists’ the “security clearance” condition completely destroying the house which hit Al-Badawi below the right Syndicate (hereinafter as PJS) for violates the Basic Law and relevant side of the chest and exited from his its importance for promoting the International Conventions and and killing Al-Shahri. His body was pulled from the rubble of the house. back. At the moment he was shot, PJS’s role in protecting the right to standards, and contravenes with Al-Badawi was standing on the side freedom of opinion, the freedom the decision made by the Council Khamis Ayman Abdeen, who was of the press, and digital rights, and of Ministers in its Session No. 133, also inside the house at the time of a staircase near the entrance to protecting the journalists’ rights, and dated 24 April 2012, which repeals it was hit, sustained wounds and the western alley of the refugee defending them. This comes in context the requirement of the “Security contusions in various parts of his camp. He fell and rolled over down where the the enforced Law on the Clearance” condition, under any body. Both were transported to the the stairs. Nearby journalists and Palestinian Journalists’ Syndicate, law designation. Thisdecision has not been Nasser Hospital west of Khan Yunis. Palestinians transported Al-Badawi No. 17 of 1952, is incongruent with implemented until today, and requires Al-Shahri was transferred to the Gaza to a hospital. However, he soon international standards and does not actual cancellation of the “Security died from sustained critical injuries. contribute to protecting freedom of Clearance” condition as well as serious European Hospital due to the critical wounds. At about 3:55 am, he was The Israeli occupying authorities the press and journalists’ rights. oversight on the ground, to ensure announced that Al-Badawi had not Limiting the legislations and draft proper enforcement and accountability pronounced dead. Al-Shahri and his laws on freedom of opinion and where no implementation is made. friend Abdeen were sleeping in the posed a threat to the lives of Israeli freedom of the press and ensuring This position paper was originally house, which consisted of a room, soldiers, when he was shot.1 its full consistency with international published in Arabic on 23 October a living room, and a bathroom. Al- standards. This, within a well-defined 2019, available here. Shahri was hired to work as a farmer The IOF launched a military offensive legislative plan with clear goals and on an hourly basis. He was employed on the Gaza Strip after the IOF had priorities to uplift the right to freedom of opinion, freedom of the press, and 1 “Palestinian Killed by Israeli Soldiers in West Bank Posed No Threat, Initial Army Probe Finds.” Haaretz: https://www.haaretz.com/middle-east-news/palestinians/ digital rights. Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 palestinians-report-one-shot-dead-by-israeli-army-in-west-bank-1.8103358 36 37 1979 2019 Humanity Humanity

extra-judicially killed Baha’ Saleem the Al-Salatin neighbourhood in the Lahia. At about 4:35 pm, medical The bombing resulted in the killing of Abu al-Ata (42), a commander of Beit Lahia town, in the northern sources announced that he had Ghannameh, a resident of Beit Lahia, the Al-Quds Battalions, and his wife Gaza Strip. Both activists were hit succumbed to his wounds. The Al- who sustained shrapnel wounds in Asma’ Mohammed Abu al-Ata (38). by shrapnel in various parts of their Quds Battalions released a statement various parts of his body. Another At about 4:00 am on 12 November bodies. Most shrapnel wounds were claiming Al-Dhabous as “one of three members of the group were 2019, the Israeli air force fired a sustained in the lower extremities, the Mujahedeen of the Al-Quds also injured during the attack. The Al- missile on a house belonging to Baha’ as well as in the heads and chests. Battalions in the Northern District”. Quds Battalions issued a statement, Abu al-Ata, a senior commander of The activists were transported to the mourning the loss of Ghannameh, the Al-Quds Battalions, the armed Indonesian Hospital in Beit Lahia, Zaki Adnan Ghannameh (26): At who was “one of the Mujahedeen wing of the Palestinian Islamic Jihad where their health condition was about 1:30 pm on 12 November of the Al-Quds Battalions in the (PIJ) Movement, and the leader of diagnosed as critical. One of them War on Gaza, Nov. 2019 2019, an Israeli reconnaissance Northern District”. the Northern Region of the Gaza Strip. The missile targeted Abu al- Abdullah Awadh al-Balbisi (26) and Ata’s bedroom on the upper floor Abdul Salam Ramadan Ahmed (28): of his house, southeast the Al- At about 6:50 pm on 12 November Shuja’iya neighbourhood. Abu al- 2019, an Israeli reconnaissance Ata’s wife was also killed during the aircraft fired a missile on a group of air strike. Later, her body was found members of the Al-Quds Battalions on the playground of the UNRWA in the Izbat Beit Hanun area, in the Al-Shuja’iya Elementary Mixed northern Gaza Strip. As a result, Al- School, which is located opposite Balbisi and Ahmed died of numerous to the house. In the same attack, shrapnel wounds they had sustained. Abu al-Ata’s children Saleem (19), Both arrived dead at the Indonesian Mohammed (17), Fatima al-Zahra Hospital in Beit Lahia. In a military (13), and Layan (11) were injured statement, Al-Balbisi and Ahmed by shrapnel in different parts of were claimed by the Al-Quds their bodies. Next door neighbours, Battalions as “Mujahedeen of the including two girls and a young man, Al-Quds Battalions in the Northern also sustained shrapnel wounds District”. and contusions. The attack caused damage to a number of adjacent Wael Abdul Aziz Abdul Nabi (43), homes belonging to the Hilles family Jihad Ayman Abu Khater (23), and as well as to Al-Shuja’iya Elementary Rani Fayez Abu Nassr (43): At about Mixed School. The IOF admitted that 9:15 pm on 12 November 2019, an it had approved the assassination Israeli reconnaissance aircraft fired and claimed responsibility for extra- a missile on a group of members judicially killing Abu al-Ata inside his of the Nidhal al-Amoudi Battalion home.2 of the Al-Aqsa Martyrs Brigades, while they were on a “combat Ibrahim Ahmed al-Dhabous (25): At mission” northwest of Beit Lahia, in about 10:50 am on 12 November the northern Gaza Strip. All three 2019, an Israeli reconnaissance members of the group died of aircraft fired a missile on two multiple shrapnel wounds in various members of the Al-Quds Battalions, was Al-Dhabous, a young man from aircraft fired a missile on a group of parts of their bodies. In an official while they were on a motorcycle in the Al-Salatin neighbourhood in Beit members of the Al-Quds Battalions statement, the Al-Aqsa Martyrs 2 “Israel Approved Abu al-Ata’s Assassination Two Years Ago, but Postponed north of the Umm al-Nassr village Brigades mourned the loss of the It Several Times.” Haaretz: https://www.haaretz.com/israel-news/.premium-baha-abu- (Bedouin village) in the Beit Lahia members of the Nidhal al-Amoudi Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 al-ata-assassination-approved-two-years-ago-postponed-several-times-1.8125616 town, in the northern Gaza Strip. 38 39 1979 2019 Humanity Humanity

Battalion. Ayyad and two of his sons while they suffered moderate wounds. Al-Quds prior warning, at two shanty houses. were riding a motorcycle. Ayyad was Battalions released a statement on The two houses belonged to two Khaled Mu’awwadh Farraj (38): a father of seven sons. Of these, their official website confirming the brothers from the Al-Sawarkah At about 6:00 am on 13 November Islam was a university graduate death of two of their members. family. The houses were located in the 2019, an Israeli reconnaissance with a degree in engineering and Al-Birkah area south of Deir al-Balah aircraft (drone) targeted and an imam at the Ali Ibn Abu Taleb War on Gaza, Nov. 2019 Ahmed Hasan al-Kurdi (27) and city, in the central Gaza Strip. The immediately killed Farraj, while Mosque. Amir was a second grade Mohammed Hasan Abu Mu’ammar bombing resulted in the complete he was present on a plot of land student. While Ra’fat was killed on (24): At about 8:30 pm on 13 destruction of both houses, while the in the Al-Mughraqa village, in the the spot, his sons Islam and Amir November 2019, an Israeli military residents were asleep. Immediately central Gaza Strip. Later, the Al-Quds died half an hour after the attack. aircraft fired a missile at a group of after the attack, eight persons Battalions mourned the loss of Farraj They all sustained multiple shrapnel members of the Al-Nasser Salah were killed, including two women in an official statement, claiming him wounds, particularly in the upper al-Din Battalions while they were and five children: Rasmi Salem al- as a field commander in the Central parts of their bodies. According to on agricultural land in the Al-Nassr Sawarkah (45), his wife Maryam Gaza District. field investigations and eyewitness town north of the Rafah city, in the Salem al-Sawarkah (33), their accounts, the targeted persons were southern Gaza Strip. Al-Kurdi and children Muhannad (12), Salem (3), Ala’ Jabr Shteiwi (30): At about 8:20 civilians, as there was no armed Abu Mu’ammar, both residents of and Firas (2); and Yusra Mohammed am on 13 November 2019, an Israeli activity at the time they were hit. Rafah, were killed during the attack. al-Sawarkah (39), the wife of the reconnaissance aircraft fired a missile Rather, they were targeted by Israeli They arrived dead at the Abu Yousef second brother Mohammed Salem on a group of members of the Al- reconnaissance aircraft while they al-Najjar Hospital in Rafah. Later, al-Sawarkah, and their children Quds Battalions, while they were on were going to visit an injured family the Al-Nasser Salah al-Din Battalions Wasim (13) and Mu’ath (7). Further, agricultural land east of the Al-Zaytun member. released a statement, claiming another 13 residents of the targeted neighbourhood, east of Gaza city. Al-Kurdi and Abu Mu’ammar as houses sustained moderate to As a result, Shteiwi died of multiple Mu’min Mohammed Qaddoum (26): members of the group. serious wounds during the air strike. shrapnel wounds he sustained. His At about 11:15 am on 13 November These included 1 woman and 11 death was mourned by the Al-Quds 2019, an Israeli reconnaissance Isma’il Ayman Abdul Aal (16), children. On 22 November 2019, Battalions as a combatant in the Gaza aircraft fired a missile at two young Mahmoud Daham Hathat (19), Suheil medical sources at the Ministry of District. men, including Qaddoum, while they Khadher Quneitah (23), Ahmed Health announced that Mohammed were riding a motorcycle along the Ayman Abdul Aal (23), and Ibrahim Salem al-Sawarkah (40) succumbed Yousef Rizq Abu Kmeil (35): At about Al-Mansura Street in the vicinity of Ayman Abdul Aal (17): At about 9:10 to his critical wounds. 4:45 pm on 13 November 2019, an the Al-Harazin Maternity Hospital. As am on 13 November 2019, an Israeli Israeli reconnaissance aircraft fired a a result, Qaddoum was immediately reconnaissance aircraft fired two Fares Bassam Abu Nab (24): On 17 missile which immediately killed Abu killed. The other young man missiles on a carpentry workshop November 2019, Abu Nab was killed Kmeil, while he was on agricultural sustained multiple critical shrapnel belonging to Ayman Fat’hi Abdul when he was passing by an Israeli land in the Al-Zarqa area in the wounds. The Al-Quds Battalions Aal (50). The workshop was located checkpoint in the Damascus Gate Al-Tuffah neighbourhood, east of mourned the death of Qaddoum as along the Eastern Line opposite to area in the city of Jerusalem. The IOF Gaza city. Having sustained multiple one of its combatants in the Gaza the Abu Jibbah petrol station, east shot Abu Nab in the head and chest. shrapnel wounds, Kmeil arrived District. of the Al-Tuffah neighbourhood, east Al-Haq continues to investigate the dead at the Al-Shifa’ Hospital in of Gaza city. The bombing resulted in circumstances surrounding the killing Gaza. He was claimed by the Al-Quds Mohammed Abdullah Sharab (28) the killing of all five young men. Of of Abu Nab. Battalions as a field commander in and Haytham Hafeth Bakri (22): At these, three were sons of the owner the Gaza District. about 1:55 pm on 13 November 2019, of the carpentry workshop and two Fahd Mohammed al-Astal (16): At an Israeli reconnaissance aircraft members of armed groups. about 3:00 pm on 29 November Ra’fat Mohammed Ayyad (54), and fired a missile at three members of 2019, the IOF deployed behind the his sons Islam (24) and Amir (7): At the Al-Quds Battalions while they Nine deaths from the Al-Sawarkah fence fired live ammunition, rubber about 9:30 am on 13 November were on agricultural land in the Al- family: At about 12:25 am on 14 coated steel bullets and tear gas 2019, an Israeli reconnaissance Manarah neighbourhood southeast November 2019, an Israeli military canisters towards protestors. Al- aircraft fired a missile that hit Ra’fat of Khan Yunis. While Sharab and aircraft fired four missiles, without Astal sustained a bullet wound in Bakri were killed, the third member Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 the abdomen while he was almost 40 41 1979 2019 Humanity Humanity

50 metres away from the fence. He instructions of Naftali Bennett, the three domestic animal farms, four and IOF in Sourif town in Hebron was transported by an ambulance to newly appointed Israeli Minister of sheep pens, two water wells, and two Governorate. On 26 November the Gaza European Hospital in Khan Defence. commercial premises. Of all those 2019, Abdul Majid Olwan, another Yunis, where he arrived in a critical demolished, two structures were Palestinian journalist, sustained a condition. Doctors’ efforts to revive Demolitions located in Area C, and two within bullet wound while he was covering him failed, as he was pronounced the municipal borders of Jerusalem. clashes between Palestinians and dead at about 3:30 pm, almost 20 In November 2019, the IOF Nine of the demolished structures IOF in Toulkarem city. In comparison minutes after he had been admitted demolished 41 structures, including constituted the main source of to previous months, this month’s to the hospital. Another seven 28 homes and 13 other privately livelihood to the affected families. incidents reflect an escalating trend Palestinians, including five children, owned structures. Seven demolished structures were of gun-pointing and directly shooting were moderately wounded by live located in close proximity to Israeli journalists. ammunition and rubber coated steel Homes: The IOF demolished 28 settlements, settler bypass roads, bullets fired by the IOF. houses, including four on punitive planned settlement areas, land Further, Israeli settler attacks on grounds and 24 allegedly due to under the threat of confiscation, or Palestinians and Palestinian property Badawi Khaled Masalmeh (18): At the lack of Israeli-issued building the Annexation Wall. were also on an upward trajectory. about 6:20 pm on 30 November 2019, permits. Of these houses, seven Cutting down trees was the most Masalmeh and two boys arrived at were constructed in Bedouin Other Israeli violations prominent violation committed by the Khallet Is’aydeh area, southwest communities. According to the Israeli settlers in November 2019. of Beit Awwa village, in the Hebron Oslo designation of the Occupied Compared to October 2019, Al- According to Al-Haq documentation, governorate. On a street west of the Palestinian Territory (OPT), targeted Haq has documented a significant Israeli settlers cut down trees in the village, an Israeli checkpoint is set up, houses were as follow: 5 located increase in human rights abuses Al-Sawiya village (61), Burin town allowing access to only Israeli yellow- in the city of Jerusalem, 4 in Area and violations. In November 2019, (42), and south of Bethlehem city plated vehicles to areas inside the B, and 19 in Area C. While the Al-Haq documented 112 violations, (144). Green Line. Masalmeh and the two Israeli Municipality of Jerusalem including 77 by the IOF and 35 by boys were almost 500 metres east demolished five houses, the IOF Israeli settlers. A major portion of Violations by the Palestinian from the checkpoint, south of Beit carried out the punitive demolition the Israeli violations took place in the Authority (PA) in the West Bank and Awwa. When they approached an of four houses. The remaining War on Gaza, Nov. 2019 village of Burin and cities of Deir al- de facto government in the Gaza area north of the bypass road, the IOF houses were destroyed by the Israeli Balah, Gaza and Nablus. Strip fired as many as 15 bullets, injuring Civil Administration and Israeli Masalmeh. The boys were arrested. private companies. 15 house owners Most notable of documented Israeli During November 2019, Al- At about 8:00 pm on the same day, were not allowed an opportunity to violations in November 2019 was the Haq documented 16 violations an Israeli officer telephoned the gather their belongings from their death of Sami Abu Diyak. Abu Diyak committed by Palestinian official boys’ parents and reported that houses before the demolitions were is a Palestinian prisoner who died authorities. Reported violations they had been in detention, but did carried out. Three families had their in an Israeli prison on 26 November mainly included incidents of arbitrary not give any further details. The IOF houses demolished at least for the 2019. Although he had suffered detention, violations of the right to announced that a young man had second time. Twenty-one houses from cancer, the Israeli occupying freedom of expression, summons to been killed while he was attempting were pulled down after midnight or authorities insisted to continue to report to security agencies, and ban to throw Molotov cocktails near Beit early in the morning. Fifteen houses incarcerate Abu Diyyak until his last on an assembly to commemorate Awwa. Later, about 9:00 pm on the were located in close proximity to breath. the anniversary of the death of late same day, the Palestinian District Israeli settlements, settler bypass President Yasser Arafat in the Gaza Coordination and Liaison (DCL) roads, planned settlement areas, or Also of note, Mu’ath Amarneh, Strip. The Palestinian Police and Office announced the name of the the Annexation Wall. a Palestinian journalist, lost his Internal Security agencies accounted deceased after it had revealed by left eye by a live bullet on 15 for the vast majority of reported the Israeli occupying authorities. The Other private structures: The Israeli November 2019, while covering violations. IOF continue to withhold the body of occupying authorities demolished clashes between Palestinians Masalmeh. Further, the Palestinian 13 Palestinian private structures, DCL was informed that the body including two agricultural holdings, would not be handed over based on Humanity. Vol. I, No. 5, November 2019 Humanity. Vol. I, No. 5, November 2019 42 43 1979 2019 AL-HAQ ORGANIZATION 40 YEARS DEFENDING HUMAN RIGHTS

Al-Haq is an independent Palestinian non- governmental human rights organisation based in Ramallah. Established in 1979 to protect and promote human rights and the rule of law in the occupied Palestinian territory (OPT). Al-Haq documents violations of the individual and collective rights of Palestinians in the OPT, irrespective of identity of the perpetrator, and seeks to end such breaches by way of advocacy before national and international mechanisms and by holding the violators accountable.

Al-Haq P.O. Box: 1413 54 Main Street, Ramallah, Palestine + 970 (0)2 2954646/7/9 + 970 (0) 2 2954903 [email protected] http://www.alhaq.org @alhaqorganization @alhaq_org @Alhaqhr