The Middle East Peace Talks
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The Changing Forms of Incitement to Terror and Violence
THE CHANGING FORMS OF INCITEMENT TO TERROR AND VIOLENCE: TERROR AND TO THE CHANGING FORMS OF INCITEMENT The most neglected yet critical component of international terror is the element of incitement. Incitement is the medium through which the ideology of terror actually materializes into the act of terror itself. But if indeed incitement is so obviously and clearly a central component of terrorism, the question remains: why does the international community in general, and international law in particular, not posit a crime of incitement to terror? Is there no clear dividing line between incitement to terror and the fundamental right to freedom of speech? With such questions in mind, the Jerusalem Center for Public Affairs and the Konrad Adenauer Stiftung held an international conference on incitement. This volume presents the insights of the experts who took part, along with a Draft International Convention to Combat Incitement to Terror and Violence that is intended for presentation to the Secretary-General of the United Nations. The Need for a New International Response International a New for Need The THE CHANGING FORMS OF INCITEMENT TO TERROR AND VIOLENCE: The Need for a New International Response Jerusalem Center for Public Affairs המרכז הירושלמי לענייני ציבור ומדינה )ע"ר( THE CHANGING FORMS OF INCITEMENT TO TERROR AND VIOLENCE: The Need for a New International Response Jerusalem Center for Public Affairs המרכז הירושלמי לענייני ציבור ומדינה )ע"ר( This volume is based on a conference on “Incitement to Terror and Violence: New Challenges, New Responses” under the auspices of the Jerusalem Center for Public Affairs and the Konrad-Adenauer-Stiftung, held on November 8, 2011, at the David Citadel Hotel, Jerusalem. -
B'tselem" Representatives; We Will Therefore Address This Claim in Short
מרכז המידע הישראלי לזכויות האדם בשטחים (ע.ר.) B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories -DRAFT- Take No Prisoners The Fatal Shooting of Palestinians by Israeli Security Forces during “Arrest Operations” May 2005 Researched and written by Ronen Shnayderman Data coordination by Suhair ‘Abdi, Antigona Ashkar, Shlomi Swissa, Sohad Sakalla Fieldwork by `Atef Abu a-Rob, Salma Deba’i, Musa Abu Hashhash Translated by Shaul Vardi Edited by Zvi Shulman רחוב התעשייה 8, ת.ד. 53132, ירושלים 91531, טלפון 6735599 (02), פקס 6749111 (02) 8 Hata’asiya St. (4th Floor), P.O.Box 53132, Jerusalem 91531, Tel. (02) 6735599, Fax (02) 6749111 [email protected] http://www.btselem.org Introduction In the early morning of Friday, 3 December 2004, IDF soldiers killed Mahmud `Abd a-Rahman Hamdan Kmeil in Raba, a village southeast of Jenin. The press release by the IDF Spokesperson stated that during an operation to arrest Kmeil, he was shot and killed while attempting to escape from the house in which he was hiding. However, testimonies collected by B’Tselem from eyewitnesses raise grave concerns that the IDF soldiers executed Kmeil as he lay injured on the ground, after his weapon had been taken from him. During the course of the second intifada, Israel officially adopted a policy of assassinating Palestinians suspected of belonging to the armed Palestinian organizations.1 Israel argues that the members of these organizations are combatants and are, therefore, a legitimate target of attack. However, Israel does not grant them the rights given to combatants by international humanitarian law, primarily the right to be recognized as a prisoner of war when captured, which entails immunity from criminal prosecution. -
Case #2 United States of America (Respondent)
Model International Court of Justice (MICJ) Case #2 United States of America (Respondent) Relocation of the United States Embassy to Jerusalem (Palestine v. United States of America) Arkansas Model United Nations (AMUN) November 20-21, 2020 Teeter 1 Historical Context For years, there has been a consistent struggle between the State of Israel and the State of Palestine led by the Palestine Liberation Organization (PLO). In 2018, United States Secretary of State Mike Pompeo announced that the U.S. embassy located in Tel Aviv would be moving to the city of Jerusalem.1 Palestine, angered by the embassy moving, filed a case with the International Court of Justice (ICJ) in 2018.2 The history of this case, U.S. relations with Israel and Palestine, current events, and why the ICJ should side with the United States will be covered in this research paper. Israel and Palestine have an interesting relationship between war and competition. In 1948, Israel captured the west side of Jerusalem, and the Palestinians captured the east side during the Arab-Israeli War. Israel declared its independence on May 14, 1948. In 1949, the Lausanne Conference took place, and the UN came to the decision for “corpus separatum” which split Jerusalem into a Jewish zone and an Arab zone.3 At this time, the State of Israel decided that Jerusalem was its “eternal capital.”4 “Corpus separatum,” is a Latin term meaning “a city or region which is given a special legal and political status different from its environment, but which falls short of being sovereign, or an independent city-state.”5 1 Office of the President, 82 Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United States Embassy to Israel to Jerusalem § (2017). -
West Bank and Gaza 2020 Human Rights Report
WEST BANK AND GAZA 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Palestinian Authority basic law provides for an elected president and legislative council. There have been no national elections in the West Bank and Gaza since 2006. President Mahmoud Abbas has remained in office despite the expiration of his four-year term in 2009. The Palestinian Legislative Council has not functioned since 2007, and in 2018 the Palestinian Authority dissolved the Constitutional Court. In September 2019 and again in September, President Abbas called for the Palestinian Authority to organize elections for the Palestinian Legislative Council within six months, but elections had not taken place as of the end of the year. The Palestinian Authority head of government is Prime Minister Mohammad Shtayyeh. President Abbas is also chairman of the Palestine Liberation Organization and general commander of the Fatah movement. Six Palestinian Authority security forces agencies operate in parts of the West Bank. Several are under Palestinian Authority Ministry of Interior operational control and follow the prime minister’s guidance. The Palestinian Civil Police have primary responsibility for civil and community policing. The National Security Force conducts gendarmerie-style security operations in circumstances that exceed the capabilities of the civil police. The Military Intelligence Agency handles intelligence and criminal matters involving Palestinian Authority security forces personnel, including accusations of abuse and corruption. The General Intelligence Service is responsible for external intelligence gathering and operations. The Preventive Security Organization is responsible for internal intelligence gathering and investigations related to internal security cases, including political dissent. The Presidential Guard protects facilities and provides dignitary protection. -
UNDER COVER of DARKNESS Night Arrests of Palestinian Minors by Israeli Security Forces in the West Bank
UNDER COVER OF DARKNESS Night Arrests of Palestinian Minors by Israeli Security Forces in the West Bank UNDER COVER OF DARKNESS 1 UNDER COVER OF DARKNESS Night Arrests of Palestinian Minors by Israeli Security Forces in the West Bank October 2020 UNDER COVER OF DARKNESS Night Arrests of Palestinian Minors by Israeli Security Forces in the West Bank Research and writing: Shelly Cohen Editing, writing and research assistance: Andrea Szlecsan Data coordination: Orly Bermack, Morad Muna, Yarin Szachter Affidavits taken by Adv. Tagrid Shabita Legal advice: Adv. Nadia Daqqa, Adv. Daniel Shenhar Translation: MJ Translations Copy editing: Shelly Cohen Cover illustration: Noa Finkelstein Graphic design: Sofi Cooperative Typesetting and layout: Debora Pollak October 2020 HaMoked wishes to thank the hundreds of individuals and institutions in Israel and around the world that support its activities. Over half of our funding is provided by foreign government entities. A full list of donors appears on the website of the Israeli Registrar of Non-Profit Organizations and HaMoked's website. ISBN 978-965-7625-05-7 Contents 6 Introduction 8 Night arrests: A routine affair 10 Systemic violation of minorsˈ rights in night arrests 23 Summoning minors for interrogation: The appropriate alternative to pre-planned night arrests 26 Conclusions and recommendations Introduction Hundreds of times a year, Israeli troops invade Palestinian 1 Figures provided to HaMoked homes in the West Bank in the middle of the night, sow fear in response to a Freedom of and panic among household members – children and adults Information application alike – and take a teenager from the family into custody.1 indicate that Israeli security forces arrested 970 The arrests are a violent affair: the soldiers often break Palestinian minors from the down the front door and sometimes forcefully drag the West Bank in 2018 and 855 in teenagers out of bed. -
Israeli-Arab Negotiations: Background, Conflicts, and U.S. Policy
Order Code RL33530 CRS Report for Congress Received through the CRS Web Israeli-Arab Negotiations: Background, Conflicts, and U.S. Policy Updated August 4, 2006 Carol Migdalovitz Specialist in Middle Eastern Affairs Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress Israeli-Arab Negotiations: Background, Conflicts, and U.S. Policy Summary After the first Gulf war, in 1991, a new peace process involved bilateral negotiations between Israel and the Palestinians, Jordan, Syria, and Lebanon. On September 13, 1993, Israel and the Palestine Liberation Organization (PLO) signed a Declaration of Principles (DOP), providing for Palestinian empowerment and some territorial control. On October 26, 1994, Israeli Prime Minister Yitzhak Rabin and King Hussein of Jordan signed a peace treaty. Israel and the Palestinians signed an Interim Self-Rule in the West Bank or Oslo II accord on September 28, 1995, which led to the formation of the Palestinian Authority (PA) to govern the West Bank and Gaza. The Palestinians and Israelis signed additional incremental accords in 1997, 1998, and 1999. Israeli-Syrian negotiations were intermittent and difficult, and were postponed indefinitely in 2000. On May 24, 2000, Israel unilaterally withdrew from south Lebanon after unsuccessful negotiations. From July 11 to 24, 2000, President Clinton held a summit with Israeli and Palestinian leaders at Camp David on final status issues, but they did not produce an accord. A Palestinian uprising or intifadah began that September. On February 6, 2001, Ariel Sharon was elected Prime Minister of Israel, and rejected steps taken at Camp David and afterwards. The post 9/11 war on terrorism prompted renewed U.S. -
Israel, Palestine, and the Olso Accords
Fordham International Law Journal Volume 23, Issue 1 1999 Article 4 Israel, Palestine, and the Olso Accords JillAllison Weiner∗ ∗ Copyright c 1999 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Israel, Palestine, and the Olso Accords JillAllison Weiner Abstract This Comment addresses the Middle East peace process, focusing upon the relationship be- tween Israel and Palestine. Part I discusses the background of the land that today comprises the State of Israel and its territories. This Part summarizes the various accords and peace treaties signed by Israel, the Palestinians, and the other surrounding Arab Nations. Part II reviews com- mentary regarding peace in the Middle East by those who believe Israel needs to surrender more land and by those who feel that Palestine already has received too much. Part II examines the conflict over the permanent status negotiations, such as the status of the territories. Part III argues that all the parties need to abide by the conditions and goals set forth in the Oslo Accords before they can realistically begin the permanent status negotiations. Finally, this Comment concludes that in order to achieve peace, both sides will need to compromise, with Israel allowing an inde- pendent Palestinian State and Palestine amending its charter and ending the call for the destruction of Israel, though the circumstances do not bode well for peace in the Middle East. ISRAEL, PALESTINE, AND THE OSLO ACCORDS fillAllison Weiner* INTRODUCTION Israel's' history has always been marked by a juxtaposition between two peoples-the Israelis and the Palestinians 2-each believing that the land is rightfully theirs according to their reli- gion' and history.4 In 1897, Theodore Herzl5 wrote DerJeden- * J.D. -
Likud and the Oslo Process: Implications of a Hebron Accord
MENU Policy Analysis / PolicyWatch 114 Likud and the Oslo Process: Implications of a Hebron Accord Jan 3, 1997 Brief Analysis f negotiators overcome eleventh-hour Palestinian demands and conclude an agreement on Hebron I redeployment, this accord would mark a milestone in the Middle East peace process: the first signed agreement between a Likud government and the Palestinians. With significant U.S. encouragement, the two sides will have managed to overcome the intense acrimony and bitterness that only three months ago claimed scores of lives and took the peace process to the precipice of collapse. The nearly hundred days of haggling since the Washington Summit -- sparked by the Netanyahu government's demand for improved security arrangements for the some 400 Israeli residents of Hebron and then fueled by Arafat's desire to take advantage of global sympathy to win concessions on non-Hebron issues -- may come to be seen by future historians as a critical turning point in the peace process, i.e., the moment when the Likud abandoned elements of its core ideology for the sake of accommodation with the Palestinians. The Hebron Conundrum: Israel's redeployment in Hebron completes the implementation of IDF withdrawals from the seven major Palestinian population centers, as called for in the September 1995 PLO-Israel accord (Oslo II). For the agreement's original Israeli negotiators, Hebron was such a thorny issue that its provisions outlining IDF redeployment from the city were separate and significantly more complex than those delineating withdrawal from other cities and towns in Gaza and the West Bank. Indeed, pulling IDF troops out of four-fifths of Hebron was seen as so potentially explosive and politically costly, that the Labor government of Shimon Peres balked at fulfilling that provision of the Oslo II accord. -
Wye River Memorandum: a Transition to Final Peace Justus R
Hastings International and Comparative Law Review Volume 24 Article 1 Number 1 Fall 2000 1-1-2000 Wye River Memorandum: A Transition to Final Peace Justus R. Weiner Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Justus R. Weiner, Wye River Memorandum: A Transition to Final Peace, 24 Hastings Int'l & Comp. L. Rev. 1 (2000). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol24/iss1/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Wye River Memorandum: A Transition to Final Peace? BY JusTus R. WEINER* Table of Contents Introduction ...........................................................................................2 I. Inception of the Wye River Memorandum .................................5 A. The Memorandum's Position in the Peace Process ............. 5 B. The Terms Agreed Upon ........................................................8 1. The Wye River Memorandum and Related Letters from the United States .....................................................8 2. The Intricate "Time Line".............................................. 9 -
Palestine 100 Years of Struggle: the Most Important Events Yasser
Palestine 100 Years of Struggle: The Most Important Events Yasser Arafat Foundation 1 Early 20th Century - The total population of Palestine is estimated at 600,000, including approximately 36,000 of the Jewish faith, most of whom immigrated to Palestine for purely religious reasons, the remainder Muslims and Christians, all living and praying side by side. 1901 - The Zionist Organization (later called the World Zionist Organization [WZO]) founded during the First Zionist Congress held in Basel Switzerland in 1897, establishes the “Jewish National Fund” for the purpose of purchasing land in Palestine. 1902 - Ottoman Sultan Abdul Hamid II agrees to receives Theodor Herzl, the founder of the Zionist movement and, despite Herzl’s offer to pay off the debt of the Empire, decisively rejects the idea of Zionist settlement in Palestine. - A majority of the delegates at The Fifth Zionist Congress view with favor the British offer to allocate part of the lands of Uganda for the settlement of Jews. However, the offer was rejected the following year. 2 1904 - A wave of Jewish immigrants, mainly from Russia and Poland, begins to arrive in Palestine, settling in agricultural areas. 1909 Jewish immigrants establish the city of “Tel Aviv” on the outskirts of Jaffa. 1914 - The First World War begins. - - The Jewish population in Palestine grows to 59,000, of a total population of 657,000. 1915- 1916 - In correspondence between Sir Henry McMahon, the British High Commissioner in Egypt, and Sharif Hussein of Mecca, wherein Hussein demands the “independence of the Arab States”, specifying the boundaries of the territories within the Ottoman rule at the time, which clearly includes Palestine. -
News of Terrorism and the Israeli-Palestinian Conflict (May 9-15, 2018)
רמה כ ז מל ו תשר מה ו ד י ע י ן ה ש ל מ ( למ מ" ) רמה כ ז מל ו תשר מה ו ד י ע י ן ה ש ל מ ( למ מ" ) News of Terrorism and the Israeli-Palestinian Conflict (May 9-15, 2018) Overview Events this past week focused on the violent, pre-planned demonstrations of the "great return march" on May 14, 2018. They were accompanied by mass riots along the Gaza Strip border. They were held on the same day the ceremony was held marking the relocation of the United States embassy to Jerusalem. In the Gaza Strip about 40,000 people demonstrated and rioted at 13 locations along the security fence. During the riots 60 Palestinians were killed (their organizational identities are currently being examined by the ITIC). IDF sources stressed the violence on the Palestinian side, noting it was higher than the violence of the past weeks. Under cover of the riots, terrorist operatives carried out and attempted to carry out attacks, placing IEDs and shooting at IDF forces. Hamas and the other terrorist organizations called on the residents of Judea and Samaria to join the demonstrations. Response was poor. Prominent was a large demonstration near the Qalandia crossing, attended by about 1,800 people, some of whom clashed with Israeli security forces. In the political sphere, the Palestinian Authority (PA) announced a number of measures, including joining international organizations (which the United States threatens to leave if the Palestinians are granted membership); submitting legal suits against Israel in the International Criminal Court in the The Hague (ICC) for its conduct (a "senior Palestinian source" claimed a case was being prepared against several IDF commanders, accusing them of "war crimes" against Palestinians in the Gaza Strip); and calling for emergency meetings of the UN Security Council and the UN Human Rights Council to appoint a committee to investigate Israel's actions. -
UNITED NATIONS General Assembly Security Council
UNITED NATIONS AS General Assembly Distr. Security Council GENERAL A/51/889 S/1997/357 5 May 1997 ORIGINAL: ENGLISH GENERAL ASSEMBLY SECURITY COUNCIL Fifty-first session Fifty-second year Agenda item 10 REPORT OF THE SECRETARY-GENERAL ON THE WORK OF THE ORGANIZATION Letter dated 27 December 1995 from the Permanent Representatives of the Russian Federation and the United States of America to the United Nations addressed to the Secretary-General As co-sponsors of the peace process launched at Madrid in October 1991, and witnesses to the signing at Washington, D.C., on 28 September 1995, of the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, by the Government of Israel and the Palestine Liberation Organization, we have the honour to enclose the above document (see annex). We would be grateful if you would have the present letter and its attachment circulated as an official document of the General Assembly, under agenda item 10, and of the Security Council. (Signed) Madeleine K. ALBRIGHT (Signed) Sergey V. LAVROV Ambassador Ambassador Permanent Representative Permanent Representative of the United States of of the Russian Federation America to the United Nations to the United Nations 230797 /... A/51/889 S/1997/357 English Page 2 Letter dated 28 December 1995 from the Permanent Representative of Israel to the United Hations addressed to the Secretary-General I have the honour to enclose the Israeli-Palestinian Interim Agreement on the West Bank and the Gaza Strip, signed at Washington, D.C., on 28 September 1995, by the Government of the State of Israel and the Palestine Liberation Organization and witnessed by the United States of America, the Russian Federation, Egypt, Jordan, Norway and the European Union (see annex).