They pointed to the obligations laid on states by the Third Geneva Convention to ensure respect for the law: “States, whether neutral, allied or enemy, must do everything reasonably in their power to ensure respect for the Conventions by others that are Party to a conflict. This duty to ensure respect by others comprises both a negative and a positive obligation. Under the negative obligation, High Contracting Parties may neither encourage, nor aid or assist in violations of the Conventions by Parties to a conflict. Under the positive obligation, they must do everything reasonably in their power to prevent and bring such violations to an end.”

They also called for a halt to all transfers of arms to Hamas.

The joint statement said, “All States must ‘ensure respect’ for international humanitarian law by parties to an armed conflict, as required by 1949 Geneva Conventions and customary international law. States must accordingly refrain from transferring any weapon or ammunition – or parts for them – if it is expected, given the facts or past patterns of behaviour, that they would be used to violate international law.”

The experts added, “Such transfers are prohibited even if the exporting State does not intend the arms to be used in violation of the law – or does not know with certainty that they would be used in such a way – as long as there is a clear risk.”

They slammed private arms manufacturers as well, saying “They have not publicly demonstrated the heightened human rights due diligence required of them and accordingly risk complicity in violations.”

As for states, they observed, “International law does not enforce itself. All States must not be complicit in international crimes through arms transfers. They must do their part to urgently end the unrelenting humanitarian catastrophe in Gaza.”

They cited approvingly the decision of an appeals court in the Netherlands forbidding the export to Israel from that country of spare parts for the F-35 fighter jet. A Dutch news site quoted Judge Bas Boele as saying, “It is undeniable that there is a clear risk that the exported F-35 parts are used in serious violations of international humanitarian law.” I also noted that the NL Times added that the court said, “Israel does not take sufficient account of the consequences of its attacks for the civilian population. Israel’s attacks on Gaza have resulted in a disproportionate number of civilian casualties, including thousands of children.”

They noted that the Dutch court of appeals pointed to indiscriminate bombing, the destruction of 60% of civilian homes, damage to hospitals, schools, mosques and other facilities, the displacement of 85% of the population, and the very high civilian death toll as indications that Israel is violating the laws of war.

The experts also pointed to the January 26 preliminary injunction against Israel by the International Court of Justice, which found the genocide case lodged against Tel Aviv by South Africa to be plausible and ordered that acts that constitute genocide under international law be halted by Israel.

They said, “The need for an arms embargo on Israel is heightened by the International Court of Justice’s ruling on 26 January 2024 that there is a plausible risk of genocide in Gaza and the continuing serious harm to civilians since then. This necessitates halting arms exports in the present circumstances.”

The 1948 Genocide Convention forbids countries from exporting arms into a situation where it is plausible that genocide is taking place.

The experts said, “State officials involved in arms exports may be individually criminally liable for aiding and abetting any war crimes, crimes against humanity or acts of genocide. All States under the principle of universal jurisdiction, and the International Criminal Court, may be able to investigate and prosecute such crimes.”

Israel’s main arms suppliers since October have been The United States, Germany, France, Britain, Canada and Australia. The experts are saying that the politicians and military men making these arms transfers to Israel could end up being prosecuted for complicity in war crimes, including the crime of genocide.

TRT World Video: “Israeli air strikes kill at least 104 people in Gaza in 24 hours”

Some countries have already halted arms shipments to Israel. They include not only the Netherlands but also Spain, Belgium’s Walloon regional government and Italy. The OHCHR says they lauded the Japanese company Itochu Corporation, as well, for ceasing exports to Israel.

The experts noted an obligation on UN member states to uphold international humanitarian law and urged that states take the following steps with Israel:

Diplomatic dialogue and protests;

– Technical assistance to promote compliance and accountability;

– Sanctions on trade, finance, travel, technology or cooperation;

– Referral to the Security Council and the General Assembly;

– Proceedings at the International Court of Justice;

– Support for investigations by the International Criminal Court or other international legal mechanisms;

– National criminal investigations using universal jurisdiction and civil suits; and

– Requesting a meeting of the parties to the Geneva Conventions.

Note that the ICJ proceedings have already been initiated. The Security Council has three times voted to impose a ceasefire, but the Biden administration vetoed it in each case. The General Assembly has also voted for a ceasefire but has no executive power.

The OHCHR press release listed the experts:

Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Margaret Satterthwaite, Special Rapporteur on the Independence of Judges and Lawyers; Cecilia M. Bailliet, Independent Expert on human rights and international solidarity; Claudia Mahler, Independent Expert on the enjoyment of all human rights by older persons; Farida Shaheed, Special Rapporteur on the right to education; Livingstone Sewanyana, Independent Expert on the promotion of a democratic and equitable international order; Surya Deva, Special Rapporteur on the right to development; Attiya Waris, Independent Expert on foreign debt, other international financial obligations and human rights; Ashwini K.P., Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Olivier De Schutter, Special Rapporteur on extreme poverty and human rights; Paula Gaviria Betancur, Special Rapporteur on the human rights of internally displaced persons; Siobhán Mullally, Special Rapporteur on trafficking in persons, especially women and children; Tomoya Obokata, Special Rapporteur on contemporary forms of slavery, including its causes and consequences; Carlos Salazar Couto (Chair-Rapporteur), Sorcha MacLeod, Jovana Jezdimirovic Ranito, Chris M. A. Kwaja, Ravindran Daniel, Working Group on the use of mercenaries; Robert McCorquodale (Chair-Rapporteur), Fernanda Hopenhaym (Vice-Chair), Pichamon Yeophantong, Damilola Olawuyi, Elzbieta Karska, Working Group on business and human rights; Barbara G. Reynolds (Chair), Dominique Day, Bina D’Costa, Working Group of Experts on People of African Descent; Balakrishnan Rajagopal, Special Rapporteur on the right to adequate housing; Dorothy Estrada Tanck (Chair), Claudia Flores, Ivana Krstić, Haina Lu, and Laura Nyirinkindi, Working group on discrimination against women and girls; and Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences; Fabián Salvioli, Special Rapporteur on truth, justice, reparation and guarantees of non-recurrence.

The statement is endorsed by: Aua Baldé (Chair-Rapporteur), Gabriella Citroni (Vice-Chair), Angkhana Neelapaijit, Grażyna Baranowska, Ana Lorena Delgadillo Perez, Working Group on enforced or involuntary disappearances; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Nicolas Levrat, Special Rapporteur on minority issues; and David R. Boyd, Special Rapporteur on human rights and the environment.

The Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organisation and serve in their individual capacity.

The human rights experts held a news conference on Monday to call for an impartial inquiry into the abuses apparently committed by Israeli troops against women and girls, including murder, rape, and sexual assault. They expressed extreme concern at the “horrifying reports” that had reached them

International human rights experts called for an independent investigation into suspected Israeli violations committed against Palestinian women and girls, including murder, rape, and sexual assault. The experts expressed their deep concern about the “horrific reports” that revealed cases of rape and threats of sexual assault by Israeli forces during their arbitrary detention of Palestinian women and girls in Gaza and the Palestinian West Bank. They said there were “credible and conclusive allegations of blatant violations” and that women and girls were victims of arbitrary execution, often alongside members of their families, including children. In a communique, they expressed their shock at the reports of deliberate targeting and extra-judicial killing of Palestinian women and children in places where they sought safety or while they were fleeing.

These human rights experts were appointed by the UN Human Rights Council, but are independent and not UN representatives. I give their names below.

TRT World Video: “Israeli violations against Palestinian girls, women in Gaza”

They pointed to the arbitrary detention of hundreds of Palestinian women, among them human rights defenders, journalists, and humanitarian activists in Gaza and the West Bank. They said, “Many were exposed to inhumane and degrading treatment and to severe beatings. They were deprived of menstrual pads during their periods, of food, and of medicine.”

The Office of the High Commission on Human Rights quotes the experts as saying, “We are particularly distressed by reports that Palestinian women and girls in detention have also been subjected to multiple forms of sexual assault, such as being stripped naked and searched by male Israeli army officers. At least two female Palestinian detainees were reportedly raped while others were reportedly threatened with rape and sexual violence.”

OHCHR adds, “They also noted that photos of female detainees in degrading circumstances were also reportedly taken by the Israeli army and uploaded online.”

They spoke of their dismay at reports of Palestinian women in prison being subjected to multiple forms of sexual assault, including strip searching by male troops of the Israeli army. They demanded an independent, unimpeachable, comprehensive, urgent and effective investigation into these assaults, with full Israeli cooperation.

They said that they had evidence that at least two imprisoned Palestinian women were raped, while others were threatened with rape and sexual violence. They said there were indications that Palestinian girls and women were deliberately targeted and extra-judicially executed in places of asylum or during their attempts to escape. Some of the latter were waving pieces of white cloth but were killed by the Israeli army.

According to OHCHR, the communique concluded, “Taken together, these alleged acts may constitute grave violations of international human rights and humanitarian law, and amount to serious crimes under international criminal law that could be prosecuted under the Rome Statute. . . . Those responsible for these apparent crimes must be held accountable and victims and their families are entitled to full redress and justice,”

The OHCHR notes that the experts were “Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences; Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; Dorothy Estrada Tanck (Chair), Claudia Flores, Ivana Krstić, Haina Lu, and Laura Nyirinkindi, Working group on discrimination against women and girls. The experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system.”

The Israeli mission in Geneva hastened to denounce the communique, charging that the international human rights rapporteurs were animated by a hatred of Israel rather than a devotion to the truth. It said that the Israeli authorities had not received any complaints but were prepared to investigate the Israeli security forces if there were credible allegations and evidence.

It is a particularly ugly custom of Israeli officials to meet any criticism with charges of “hating Israel” or hating Jews, which they conflate with the former. Tel Aviv owes an apology to these internationally respected human rights experts, even if they are only women.

He continued, “It is not a war between soldiers and soldiers. It is a war between a well equipped army on the one hand and women and children on the other.”

Lula is not the first world leader to compare Israeli Prime Minister Binyamin Netanyahu to Hitler over his actions in Gaza — Turkish President Tayyip Erdogan made the same comparison.

Since Hitler murdered six million Jews, the comparison is hurtful. It could also be rejected on grounds of scale. Hitler not only killed all those European Jews, he also killed 6 million Poles. And consider Ukraine: “of the 41.7 million people living in Ukrainian Soviet Republic before the war, only 27.4 million were alive in Ukraine in 1945. Official data says that at least 8 million Ukrainians lost their lives: 5.5 – 6 million civilians, and more than 2.5 million natives of Ukraine were killed at the front. The data varies between 8 to 14 million killed, however, only 6 million have been identified.”

The Times and the Sunday Times Video: “Brazil’s Lula likens Gaza war to Holocaust”

While Netanyahu’s policies are not like those of Nazi Germany in almost any respect if we consider absolute numbers and consider the scale of killing, Lula is not completely in error if we consider more qualitative aspects of history and look to European fascism as a whole and not just the German National Socialists (who were peculiar in many ways).

FIRST: KEEPING PEOPLE STATELESS ON THE BASIS OF ETHNICITY

For instance, the Fascists stripped citizenship from millions of people and made them stateless, without the rights that come from a direct relationship to a state of their own. Chief Justice Earl Warren defined citizenship as “the right to have rights.”

Hitler took citizenship from German Jews but also from the Roma and from persons of African heritage.

Netanyahu keeps 5.5 million Palestinians in the occupied territories stateless and without citizenship. So his policies in this narrow regard are similar to those of the National Socialists in the 1930s. In essence, the Palestinians in the West Bank and Gaza are living under something like the Nuremberg Laws. Their establishments and homes are attacked by militant Israeli squatters with impunity in a sort of rolling Kristallnacht.

Note that by Israeli law, Israeli squatters in the occupied Palestinian territories have all the citizenship rights of other Israelis. So the lack of rights on the West Bank is not territorial. It is by ethnicity.

Netanyahu has boasted about derailing the Oslo Peace Accords and presents himself as the only one who can prevent a Palestinian state from being established. He reiterated his opposition to any international diplomatic track that leads to a Palestinian state just this weekend.

SECOND: DEPRIVATION OF BASIC INDIVIDUAL RIGHTS

Another feature of Fascism, underlined by Robert Paxton, is the elimination of individual rights. Israel’s regime over the occupied, stateless Palestinians fully demonstrates this feature. Palestinians can be arrested under “administrative detention” without charge or trial or habeas corpus and held for months or years. We have seen a treatment of detained Palestinians in Gaza that constitutes war crimes. It is alleged that forms of torture are practiced.

THIRD: TOTAL WAR

Netanyahu’s Gaza campaign has demonstrated a reckless disregard for the lives of innocent noncombatants, who make up nearly all of the nearly 30,000 people so far killed, and who have been deprived of domiciles and sufficient food and potable water by the Israeli military.

Total war was adopted as a military strategy by fascist states, according to historian Alan Kramer. One academic summarized his argument: “Kramer indicated a very interesting question regarding the specificity of the kind of war implemented by fascist regimes during the thirties and the forties, characterized by its genocidal nature and opened, according to him, with the colonial war launched by Italy in Abyssinia [Ethiopia] in 1935. Kramer underlined that the specificity of this particular way of waging war typical of fascism would define itself by the final elimination of the «distinction between combatants and non-combatants», pointing how in the six years of this conflict between 350.000 and 760.000 Ethiopians were killed, victims of an asymmetric war based on the overwhelming use of air force, chemical weapons and politics of collective terror against any sign of real or imagined resistance.”

The fascist way of war eliminates the distinction between combatants and non-combatants and wreaks mass death on the latter to achieve military aims. There doesn’t seem much doubt that Netanyahu is waging total war on Gaza and Israel’s President Isaac Herzog and a whole plethora of Israeli officials have repeatedly insisted that there are no innocent civilians in Gaza. This, even though half of Gaza’s population consists children.

Total war easily leads to genocide, of course, which is why the International Court of Justice has found it at least plausible that Netanyahu is waging a genocide in Gaza, attempting to destroy a people in part or in whole because of who they are.

So, no, Netanyahu is not a Hitler. But, yes, his policies bear a strong resemblance to those of inter-war Fascism.

(The Conversation) – Israel has emerged as one of the world’s leading jailers of journalists, according to a newly released census compiled by the New York-based Committee to Protect Journalists.

Each year, the committee releases a snapshot of the number of journalists behind bars as of December 1 2023 was the second highest on record with 320 in detention around the world.

In a small way, that is encouraging news. The figure is down from a high of 363 the previous year.

But a troublingly large number remain locked up, undermining press freedom and often, human rights.

China takes out unenviable top spot

At the top of the list sits China with 44 in detention, followed by Myanmar (43), Belarus (28), Russia (22), and Vietnam (19). Israel and Iran share sixth place with 17 each.

While the dip in numbers is positive, the statistics expose a few troubling trends.

As well as a straight count, the Committee to Protect Journalists examines the charges the journalists are facing. The advocacy group found that globally, almost two-thirds are behind bars on what they broadly describe as “anti-state charges” – things such as espionage, terrorism, false news and so on.

In other words, governments have come to regard journalism as some sort of existential threat that has to be dealt with using national security legislation.

In some cases, that may be justified. It is impossible to independently assess the legitimacy of each case, but it does point to the way governments increasingly regard information and the media as a part of the battlefield. That places journalists in the dangerous position of sometimes being unwitting combatants in often brutally violent struggles.

China’s top spot is hardly surprising. It has been there – or close to it – for some years. Censorship makes it extremely difficult to make an accurate assessment of the numbers behind bars, but since the crackdown on pro-democracy activists in 2021, journalists from Hong Kong have, for the first time, found themselves locked up. And almost half of China’s total are Uyghurs from Xinjiang, where Beijing has been accused of human rights abuses in its ongoing repression of the region’s mostly Muslim ethnic minorities.

The rest of the top four are also familiar, but the two biggest movements are unexpected.

Iran had been the 2022 gold medallist with 62 journalists imprisoned. In the latest census, it dropped to sixth place with just 17. And Israel, which previously had only one behind bars, has climbed to share that place.

That is positive news for Iranian journalists, but awkward for Israel, which repeatedly argues it is the only democracy in the Middle East and the only one that respects media freedom. It also routinely points to Iran for its long-running assault on critics of the regime.

The journalists Israel had detained were all from the occupied West Bank, all Palestinian, and all arrested after Hamas’s horrific attacks from Gaza on October 7. But we know very little about why they were detained. The journalists’ relatives told the committee that most are under what Israel describes as “administrative detention”.

17 arrests in Israel in less than 2 months

The benign term “administrative detention” in fact means the journalists have been incarcerated indefinitely, without trial or charge.

It is possible that they were somehow planning attacks or involved with extremism (Israel uses administrative detention to stop people they accuse of planning to commit a future offence) but the evidence used to justify the detention is not disclosed. We don’t even know why they were arrested.

Video added by Informed Comment, Democracy Now! “Israel’s War on Journalists”

Israel’s place near the top of the Committee to Protect Journalists’ list exposes a difficult paradox. Media freedom is an intrinsic part of a free democracy. A vibrant, awkward and sometimes snarly media is a proven way to keep public debate alive and the political system healthy.

It is often uncomfortable, but you can’t have a strong democratic system without journalists freely and vigorously fulfilling their watchdog role. In fact, a good way to tell if a democracy is sliding is the extent of a government’s crackdown on the media.

This is not to suggest equivalence between Israel and Iran. Israel remains a democracy, and Israeli media is often savagely critical of its government in ways that would be unthinkable in Tehran.

But if Israel wants to restore confidence in its commitment to democratic norms, at the very least it will need to be transparent about the reasons for arresting 17 journalists in less than two months, and the evidence against them. And if there is no evidence they pose a genuine threat to Israeli security, they must be released immediately.

Peter Greste, Professor of Journalism and Communications, Macquarie University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Iranian authorities have killed hundreds of protesters, arrested thousands of people, and tortured scores of detainees, including women and children. Human rights groups are investigating the killing of more than 500 people, including 69 children, during the protests. The authorities have refused to open transparent investigations into security forces’ use of excessive and lethal force, torture, sexual assault, and other serious abuses, and have instead pressured families of victims to not hold public memorial services.

“For many, everyday life in Iran feels like a battle with a corrupt, autocratic government that has brought down the full force of its repressive machinery to quash dissent,” said Michael Page, Middle East deputy director. “Iranian authorities should know that anything short of fundamental change will only deepen public anger and frustration against their mismanagement and brutality.”

In the 740-page World Report 2024, its 34th edition, Human Rights Watch reviews human rights practices in more than 100 countries. In her introductory essay, Executive Director Tirana Hassan says that 2023 was a consequential year not only for human rights suppression and wartime atrocities but also for selective government outrage and transactional diplomacy that carried profound costs for the rights of those not in on the deal. But she says there were also signs of hope, showing the possibility of a different path, and calls on governments to consistently uphold their human rights obligations.   

Scores of human rights defenders, journalists, members of ethnic and religious minorities, and dissidents are serving lengthy sentences after being convicted of national security charges in grossly unfair trials. Detained protesters have died in suspicious circumstances.

In the months leading up to the protest anniversary, Iranian authorities increased their crackdown on peaceful dissent through intimidation, arrests, prosecutions, and trials of activists, artists, dissidents, lawyers, academics, students, and family members of those who were killed during the 2022 protests.

Iranian authorities substantially increased the rates of executions in 2023. During the 2022 protests, judicial authorities drastically increased the use of vaguely defined national security charges that could carry the death penalty against protesters, including for allegedly injuring others and destroying public property. Following grossly unfair trials in which many defendants did not have access to the lawyer of their choice, Iranian authorities issued 25 death sentences in connection to the protests. As of September 20, the authorities executed seven people, though the Supreme Court overturned 11 other cases.

Vice News Video: “Inside Iran: What Happened to Iran’s Women-led Uprising?”

Iranian authorities intensified efforts to enforce compulsory hijab laws. They prosecuted women and girls, including actors, who refuse to wear the hijab in public, issued traffic citations for passengers without the hijab, and temporarily closed businesses that do not comply with hijab laws. In recent cases, the judiciary mandated psychological treatment for at least two actresses convicted of not complying with hijab laws, a move Iranian mental health associations protested. 

On September 21, the Iranian parliament approved a draft Hijab and Chastity Bill with 70 articles proposing additional penalties, such as fines, increased prison terms up to 10 years for expressing opposition to hijab regulations, and restrictions on job and educational opportunities for hijab violations. The law also expands the authority of intelligence and law enforcement agencies in enforcing the compulsory hijab.

The authorities also intensified pressure on the Bahai religious minority community, arresting and resentencing several prominent members of the community.

Human Rights Watch documented far harsher use of repressive tactics, including arbitrary arrests and excessive use of force, in ethnic and religious minority areas of Kurdistan province and Sistan and Baluchistan province, which have played leading roles during the protests. Over the past year, the authorities have imposed several localized internet shutdowns, particularly in Sistan and Baluchistan province during mass protests.

“With rampant systemic impunity inside Iran, the UN Human Rights Council member states should ensure that independent investigations into serious allegations of abuse continue at the UN level,” Page said.

Via Human Rights Watch

She is currently in Evin Prison on multiple charges, including spreading propaganda against the government, with 10 years, nine months left on her sentence. She issued a statement on hearing the news: “I will continue to fight against the relentless discrimination, tyranny and gender-based oppression by the oppressive religious government until the liberation of all women.”

She supported last year’s movement for “Woman, Life, Liberty” from behind bars, have long criticized compulsory veiling.

Mohammadi’s causes included women’s rights, of course. But she has also campaigned for human rights more generally, including the right of women to be safe from sexual harassment even in prison and of prisoners to be safe from torture and from the death penalty.

Although many observers in the United States will applaud this award as a black eye for the self-styled Islamic Republic of Iran, the fact is that Mohammadi would be critical of American policies as well. That is, if we are to listen to her prophetic voice with approval, we must do more than use her politically to denigrate our enemies; we must take to heart the implications of her ethical witness for our own society, too.

For instance, there were 18 executions of prisoners in the United States in 2022, up 64% from the total of 11 killed by the state in 2021. Although the US executes many fewer prisoners each year than Iran or Saudi Arabia, and although the number in the US has fallen significantly since the 1990s, it still does execute prisoners, and Ms. Mohammadi deeply believes that is wrong. She might well be in jail here if she lived in the United States, from protesting in front of city halls and jails. Only 13 states still permit executions in the US, and half of those killed in 2022 were executed in Texas and Oklahoma.

Moreover, 7 of these executions were seriously botched. In one instance, it took 3 hours of trying to get a fatal intravenous line into the arm of an Alabama convict. Some initial attempts to kill the convict were called off because of difficulties with the intravenous injection or because proper protocols has not been followed.

Between 46% and 54% of Americans believe in capital punishment, depending on which poll you believe. So Mohammadi might well be in a minority on this issue in the US, as well.

As for torture, Karen J. Greenburg wrote this week about the scandal that the Guantánamo Prison Camp still has not been closed. One of the difficulties has been that some prisoners were so badly tortured that no court, including a military tribunal, can now conduct a legitimate trial.

There has never been a reckoning by the US establishment with the Bush administration’s extensive use of torture.

If Mohammadi had been an American she might have been put on trial, as Josie Setzler was, for protesting torture at Guantánamo.

As for sexual abuse of female prisoners by male guards in federal prisons, a Senate report from last year makes it clear that this is a real issue and that it hasn’t been adequately addressed by the Bureau of Prisons.

Regarding women’s rights, I doubt Ms. Mohammadi would approve of Nebraska jailing a woman for two years for giving abortion pills to her daughter. In fact, I have a sneaking suspicion that she would not like our current Supreme Court much at all. She rails against religious theocrats’ repression of women.

So a warm congratulations to her, and to her cause, of women’s rights and human rights in Iran. But we owe it to ourselves also actually to listen to what she is saying and to take to heart the principles for which she has spent so much of her life in jail, torn from her husband and children.

End Systematic Impunity for Unlawful Lethal Force

( Human Rights Watch ) – (Jerusalem) – The Israeli military and border police forces are killing Palestinian children with virtually no recourse for accountability.

Last year, 2022, was the deadliest year for Palestinian children in the West Bank in 15 years, and 2023 is on track to meet or exceed 2022 levels. Israeli forces had killed at least 34 Palestinian children in the West Bank as of August 22. Human Rights Watch investigated four fatal shootings of Palestinian children by Israeli forces between November 2022 and March 2023.

“Israeli forces are gunning down Palestinian children living under occupation with increasing frequency,” said Bill Van Esveld, associate children’s rights director at Human Rights Watch. “Unless Israel’s allies, particularly the United States, pressure Israel to change course, more Palestinian children will be killed.”

Human Rights Watch researchers, in documenting the four killings, interviewed in person seven witnesses, nine family members, and other residents, lawyers, doctors, staff and fieldworkers at Palestinian and Israeli rights groups, and reviewed CCTV and videos posted on social media, statements by Israeli security agencies, medical records, and news reports.

Human Rights Watch investigated the case of Mahmoud al-Sadi, 17, killed by Israeli forces as he walked to school near the Jenin refugee camp on November 21, 2022. The Israeli military did not address his killing specifically but said its forces had been conducting arrest raids in the camp, during which they exchanged fire with Palestinian fighters. However, the nearest exchange of fire occurred at one of the alleged fighter’s homes, about 320 meters away from where Mahmoud was shot, based on residents’ statements.

Mahmoud stood by the side of a road, waiting for the sounds of shooting in the distance to stop, and was not holding any weapon or projectile, a witness said and a security-camera video that Human Rights Watch reviewed showed. After the distant shooting had stopped and the Israeli forces were withdrawing, a single shot fired from an Israeli military vehicle roughly 100 meters away struck Mahmoud, the witness said. No Palestinian fighters were in the area, the witness said. Mahmoud was killed a block away from the street where Israeli forces killed the journalist Shireen Abu Aqla on May 11, 2022.

In the other cases investigated, the security forces killed boys after they had joined other youths confronting Israeli forces with stones, Molotov cocktails, or fireworks. While these projectiles can seriously injure or kill, in these cases, Israeli forces fired repeatedly at chest-level, hitting multiple children, and killed children in situations where they do not appear to have been posing a threat of grievous injury or death, which is the standard for the use of lethal force by law enforcement officers under international norms. That would make these killings unlawful.

Mohammed al-Sleem, 17, was shot in the back while running from Israeli soldiers after a group of friends he was with threw rocks, and allegedly Molotov cocktails, at military vehicles that had entered a village near his hometown of Azzun in the northern West Bank. Three other children were shot and wounded with automatic gunfire while running away.

An Israeli officer shot Wadea Abu Ramuz, 17, from behind while he was with a group of youths throwing rocks and launching fireworks at Border Police vehicles in East Jerusalem at around 10 p.m. on January 25, 2023, two witnesses said. Another boy in the group was shot and wounded. Security forces shackled Wadea to his hospital bed, beat and prevented his relatives from visiting him, withheld his body for months after he died, and required his family to bury him quietly at night.

In all cases, Israeli forces shot the children’s upper bodies, without, according to witnesses, issuing warnings or using common, less-lethal measures such as tear gas, concussion grenades, or rubber-coated bullets. Adam Ayyad, 15, was fatally shot from behind in Deheisheh refugee camp on January 3 while with a group of boys throwing stones and at least one Molotov cocktail at Israeli forces. The soldier also shot and wounded a 13-year-old boy, witnesses said.

The Israeli newspaper Haaretz reported in January that since “December 2021, soldiers are allowed to shoot at Palestinians who are fleeing if they had previously thrown stones or Molotov cocktails.” Human Rights Watch wrote to the Israeli military and police on August 7 with questions about the four cases and the forces’ rules of engagement. The police responded, but the military did not . The police rules of engagement permit the use of firearms against persons who are throwing stones, Molotov cocktails or fireworks only if there is an “imminent risk to life or bodily integrity.” The police also stated that they could not provide information about the case of Wadea Abu Ramuz because it was under investigation.

Israeli authorities have used excessive force against Palestinians in policing situations for decades. The authorities have routinely failed to hold their forces accountable when security forces kill Palestinians, including children, in circumstances in which the use of lethal force was not justified under international norms. From 2017 to 2021, fewer than one percent of complaints of violations by Israeli military forces against Palestinians, including killings and other abuses, resulted in indictments, the Israeli rights group Yesh Din reported.

Israeli forces killed at least 614 Palestinians whom the UN classified as civilians in the Gaza Strip and the West Bank during this period. But only three soldiers were convicted for killing Palestinians, according to Yesh Din, and all received short sentences of military community service. The Israeli rights group B’Tselem, which for decades filed documented complaints about killings to the Israeli military, has deemed the Israeli law enforcement system a “whitewash mechanism.” In 2021, out of 4,401 complaints to the department of internal police investigations, which include complaints by Israeli citizens, just 1.2 percent resulted in indictments, according to the state comptroller.

The killings take place in a context in which Israeli authorities are committing the crimes against humanity of apartheid and persecution against Palestinians, including children, as Human Rights Watch and other rights groups have documented. The then International Criminal Court (ICC) prosecutor, Fatou Bensouda, opened a formal investigation in 2021 into serious crimes committed in Palestine.

The UN Secretary-General is mandated by the Security Council to annually list military forces and armed groups responsible for grave violations against children in armed conflict. Between 2015 and 2022, the UN attributed over 8,700 child casualties to Israeli forces, yet Israel has never been listed. The reports have repeatedly listed other forces that killed and injured far fewer children than Israel did.

The stigma attached to the Secretary-General’s “list of shame” is considerable, and parties named must create and carry out an action plan of reforms to end the abuses in order to be removed from the list. The UN missed an opportunity to protect children by omitting Israel, Human Rights Watch said. The Secretary-General should use objective criteria to determine the list for 2023.

“Palestinian children live a reality of apartheid and structural violence, where they could be gunned down at any time without any serious prospect of accountability,” Van Esveld said. “Israel’s allies should confront this ugly reality and create real pressure for accountability.”

Mahmoud al-Sadi, Jenin refugee camp

Israeli forces killed Mahmoud al-Sadi, 17, while he was walking to school in Wadi Burqin, near the Jenin refugee camp, at around 9:30 a.m. on November 21, 2022. The Israeli military did not address or announce any intention to investigate Mahmoud’s killing, but said its forces were conducting arrest raids and exchanged fire with Palestinian fighters. There were no reports that Israeli troops were injured.

The exchanges of fire occurred when Israeli forces surrounded the family homes of two alleged fighters, and the nearest home was about 320 meters from where Mahmoud was shot. Residents identified the building to Human Rights Watch, and videos posted on social media show fighting at the same building.

Mahmoud had dropped off his sisters, ages 8 and 10, at their elementary school and was walking to his secondary school with other students, when “all of a sudden there’s [the sounds of] shooting in the distance, we didn’t know where, and people say the [Israeli] military is present,” said a classmate who was walking with Mahmoud. Mahmoud waited for safety on the side of a street. A security-camera video, which Human Rights Watch viewed, showed him wearing his school backpack, standing alone, and not holding any weapon or rock, just before he took a step into the street and was shot, his father and the classmate said.

The shooting in the distance had stopped and the military was withdrawing when Mahmoud’s classmate said he heard a gunshot. Mahmoud stepped toward him, said he had been hit, and fell down. The witness and other boys saw a stationary Israeli military vehicle roughly 100 meters up the street, which then drove away. Human Rights Watch visited the site and found that if the shooter had been in this vehicle, they would have had a clear view of Mahmoud. A medical intake report for Mahmoud from Ibn Sina Hospital in Jenin at 9:50 a.m. records a single bullet wound and hemorrhagic shock.

No armed Palestinians or other Israeli forces were in the area at the time, said the classmate and reports by news media and rights groups, raising concerns that the Israeli forces may have deliberately targeted him even though he was unarmed and not engaging in violent activity. The intentional or reckless use of lethal force against a person who poses no imminent threat to life by the security forces of an occupying power carrying out policing operations would be unlawful. The “willful killing” of members of the population of an occupied territory is a war crime.

After the killing, the Israeli military cancelled Mahmoud’s father’s permit to enter Israel, where he worked. It took three months and 8,000 NIS (US$2,200) in lawyers’ fees to obtain a new permit, Mahmoud’s father told Human Rights Watch. The Israeli military views relatives as aggrieved “potential avengers” and automatically cancels their work permits as a security measure, harming them through a blanket policy that offers no meaningful individual assessments.

Wadea Abu Ramuz, East Jerusalem

At around 10 p.m. on January 25, 2023, an Israeli officer shot Wadea Abu Ramouz, 17, in the back as he was with a group of youths who were throwing stones and launching fireworks at Border Police vehicles on the main street in the Ein el-Lowzeh area of Silwan, a neighborhood in occupied East Jerusalem, two witnesses said. Human Rights Watch visited the site where the youths had gathered, on a hillside about 30 meters from where the Border Police vehicles were passing below on the neighborhood’s main street.

The witnesses did not see whether Wadea had launched fireworks or threw stones. The officer who shot Wadea was positioned further up the hillside behind them, a witness said. A second child was also shot and subsequently released from the hospital. His family declined to speak with Human Rights Watch.

Israeli medics provided first aid and took Wadea to Shaarei Tzedek hospital in West Jerusalem. No Israeli authority informed Wadea’s family of where he had been taken, relatives told Human Rights Watch. The family called the Israeli emergency service, the police, and visited two hospitals before going to Shaarei Tzedek, where Palestinian hospital staff informally told the family that a “critical case” whom they suspected was Wadea, had been admitted.

Blocked by the police from entering, the family “stayed in the parking lot all night,” a relative said. At 4:30 a.m., “as a favor to us, [a hospital staff member] sneaked an article of [Wadea’s] clothing to the front gate, to let us confirm that it was him.”

Israeli police at the hospital refused to allow Wadea’s parents to see him on the basis that he was a “detained criminal suspect,” until lawyers obtained a court order for a family visit the next afternoon. Police had shackled Wadea to the hospital bed, hand and foot, though his father and lawyer said he was unconscious and connected to multiple medical devices.

On January 27, other relatives were waiting to visit him in the hospital parking lot when police said they had to leave, forced one man to the ground and beat him and pushed the group out of the lot, family members said.

At around 9:30 p.m., Palestinian journalists called Wadea’s lawyer to ask about rumors of his death. A security official at the hospital told him to wait outside and returned at 12:10 a.m. with Wadea’s death certificate, the lawyer said.

At 8:00 a.m. the next day, Border Police raided the family’s yard, broke down the condolence tent, confiscated Palestinian flags and posters of Wadea, and broke plastic chairs, a relative said. Border Police returned several times in the following days and forcibly dispersed neighborhood residents who “kept coming to our home, spontaneously … waiting and expecting the body to be released. There were confrontations and they fired tear gas.”

Israeli authorities took Wadea’s body for autopsy. The Israel Security Agency (known as the Shabak, or Shin Bet), which Israeli law grants authority over the return of bodies of Palestinians killed by Israeli forces in what they consider security incidents, then refused to return the boy’s body to his family. Israeli authorities currently hold in morgues the bodies of at least 115 Palestinians, including 15 children, killed in what the authorities consider security operations. The family’s lawyers appealed to the Supreme Court, which upheld their demand on May 4, but without specifying a date.

The family received the body from Israeli police at 10 p.m. on May 30 near the entrance to a cemetery, after paying a 10,000 NIS (about $2,725) guarantee that would be forfeited unless they conducted the burial immediately, admitted at most 25 mourners, and did not take photographs, chant, or raise Palestinian flags, said the lawyer, who was present. Police checked the mourners’ identification documents and kept them, and the mourners’ mobile phones, during the burial.

The lawyers also appealed to the Department of Internal Police Investigations within the Office of Israel’s State Attorney (“Machash”), to investigate Wadea’s shooting, but had not received updates regarding their complaint by mid-August.

Wadea’s father was fired from his job at an Orthodox Jewish institution in Jerusalem when the management learned his son had been shot, he said. Border Police also took the principal of Wadea’s school, Shatha Mahmoud, from her school for questioning about a Facebook post in which she criticized his killing, said residents and the Wadi Hilweh Information Center, a local organization that documents rights abuses.

Mohammed al-Sleem, Azzun

On the evening of March 2, Mohammed al-Sleem, 17, and a group of five friends he had grown up with were walking from the town of Azzun to the nearby village of Izbat al-Tabib, where a relative had a home at which the group regularly “hung out,” one boy said. Azzun is close to Road 55, which connects the large Israeli settlements of Alfei Menashe and Karnei Shomron.

Human Rights Watch spoke to two of Mohammed’s friends, ages 16 and 17, who were with him at the time, and three of his relatives. At around 7:40 p.m., the boys saw a dark blue Israeli truck with military license plates on the road that runs through the village, they said. According to reports by local media, based on residents’ accounts, the youths threw rocks or Molotov cocktails at the vehicle, which was roughly 30 meters away. The boys said the military vehicle had protective metal mesh over the windows, which could significantly reduce the risk of serious injury or death. A second military vehicle arrived next to the first, and the boys ran in different directions as four soldiers got out of the vehicle and fired assault rifles at them. The two witnesses said they heard between two to five individual gunshots followed by automatic gunfire.

Mohammed ran down a side street past an elementary school about 80 meters from the village road, and through plots of land with olive trees, his friends said. His friend, age 16, recalled, “We started running, and Mohamed told me, ‘I’m hit’, and I said, ‘Run! Run!’ and I was shot too. I ran about 100 meters, then I couldn’t go on.” A bullet pierced the back of the left shoulder of Mohammed’s friend and exited his chest. He collapsed but was able to call for help from relatives in the area, he said. He said that he cannot lift his left arm, or take deep breaths because of his injuries.

Mohammed was shot in the back by a bullet that lodged in his right lung. He ran approximately 200 meters, then collapsed in a field. Residents reached him 30 minutes later, found him unconscious, and took him to a hospital in Azzun in a private vehicle. He was transferred by ambulance to a hospital in the Palestinian city of Qalqilya and pronounced dead on arrival.

A third boy, 17, was shot through the bicep, he said, and a fourth, 16, had a superficial wound from a bullet that grazed his lower back. Researchers counted 10 apparent bullet impacts on the wall of the schoolyard, and others in olive trees, consistent with witness descriptions, indicating that Israeli soldiers fired a significant number of high-velocity assault-rifle rounds at fleeing children at a time when they posed no threat to life or of causing injury.

The military reported on the incident and said “hits [of Palestinian suspects] were identified” but did not report any injuries to soldiers.

Israeli forces regularly raid Azzun, residents said. They perceived the raids as a disproportionate, a collective deterrent against throwing rocks at Israeli vehicles driving to and from the settlements on Road 55, recalling repeated warnings by Israeli officers in the area against throwing stones at the road. On April 8, a soldier in a military vehicle fatally shot Ayed Sleem, 20, in the chest, although he was not armed or throwing projectiles at the time, an Israeli news report said.

Adam Ayyad, Deheisheh refugee camp

A large Israeli force was withdrawing after a raid on Deheisheh refugee camp near Bethlehem at around 5:00 or 5:30 a.m. on January 3, when Adam Ayyad, 15, joined a group of youths who threw stones at Israeli forces on a street below them, three boys who were there at the time said. After another boy threw a Molotov cocktail, an Israeli soldier in a building overlooking the street where the boys were, fired repeatedly at the group, two of the boys said.

The Israeli military told news media in general terms that Border Police officers had shot suspects during the large-scale raid on the camp, in response to Molotov cocktails, explosive devices, and stones thrown at them, but did not address Adam’s killing specifically.

The witnesses said that one bullet went through the window of a parked car and then wounded a 13-year-old. The soldier fired again repeatedly and hit Adam. A Palestinian Medical Relief Society medic who lives in the area said that repeated gunfire from Israeli forces delayed him as he tried to reach the wounded boys to stop their bleeding.

Human Rights Watch could not determine whether Adam was holding a projectile at the time. However, the three boys said that the members of the group began running away as soon as they heard the first shot. Several news reports cited an initial statement from the Palestinian Health Ministry that Adam was shot in the chest, but doctors at the hospital where Adam was taken and pronounced dead told Human Rights Watch that his wounds indicated the bullet hit him in the right side of his upper back and caused a large wound in the front of his chest, indicating that he had turned away from the direction of the Israeli soldiers and the shooter. Defense for Children International – Palestine also reported that Adam was shot in the back.

Based on witness statements, the Israeli forces were withdrawing roughly 45 meters away on the street below, and could have been hit by projectiles thrown from the youths’ more elevated position. The shooter was apparently in a room on the unfinished top floor of a multi-story building 73 meters away, where the boys later found spent bullet casings. That is consistent with Human Rights Watch researchers’ observations of bullet impacts at the site.

The shooter was apparently in position before the boys began throwing projectiles, but Israeli forces did not issue a warning, use less-lethal weapons, or shoot at the boys’ extremities before the shooter repeatedly fired with live ammunition at the group, with the bullets striking at chest-level, the witnesses said.

The incident raises questions about whether the shooter had targeted members of the group who posed an imminent threat to life or of serious injury, and if so, whether the shooting continued beyond the point where it could be deemed necessary. The military did not report any injuries to their forces during the raid.

Adam, an only child, had stopped attending school and found work in a bakery from 9 a.m. to 11 p.m. each day, a coworker said, to help support his mother, who is divorced and was raising him alone. Israeli forces had killed a friend who worked at another bakery nearby, Omar Manah, 23, during a raid on December 5, a relative said, and Adam was carrying a handwritten statement meant to be read if he was killed, which read, in part, “I had a lot of dreams I wished would come true but we are living in a reality that makes your dreams impossible.” His mother sometimes still prepares meals for both of them, especially his favorite dishes, she said.

International Law on Use of Force and Israeli Investigative Practices

International human rights standards prohibit law enforcement officials from “the intentional lethal use of firearms” except when “strictly unavoidable to protect life.” Throwing rocks, Molotov cocktails, and explosive fireworks could pose a risk to life, depending on the circumstances. However, nonviolent means and warnings must be used first whenever feasible, and force may be used “only if other measures to address a genuine threat have proved ineffective or have no likelihood of achieving the intended result.” The UN Code of Conduct for Law Enforcement Officials provides that, “Every effort should be made to exclude the use of firearms, especially against children.”

Palestinians in the West Bank are protected under the Geneva Conventions. Willful killings of protected persons by the occupying power outside what is permissible under human rights standards would constitute a grave breach of the laws of occupation.

Under international human rights law, governments “must ensure that individuals also have accessible and effective remedies to vindicate” their rights, including the right to life.

The Israeli military does not automatically open criminal investigations into cases in which soldiers use lethal force against Palestinians in the West Bank, including if a complaint is filed. Human Rights Watch has found that investigations are more likely to be opened in cases in which international news media report extensively on the killing. The armed forces military police carry out investigations and, regardless of whether an investigation is opened, impunity remains the norm.

Recommendations

• The Israeli military and Border Police should end the unlawful use of lethal force against Palestinians, including children. The Israeli government should issue clear directives publicly and privately to all security forces, that prohibit the intentional use of lethal force except in situations where it is necessary to prevent an imminent threat to life.
• The United Nations Secretary-General should list Israel’s armed forces in his annual report on grave violations against children in armed conflict for 2023 as responsible for the violation of killing and maiming Palestinian children.
• The prosecutor of the International Criminal Court should expedite his office’s Palestine investigation, including for grave violations committed against children.
• Foreign governments, such as the US which pledged $3.8 billion in military aid to Israel in 2023, should condition assistance on Israel taking concrete and verifiable steps toward ending their serious abuses, including the crimes against humanity of apartheid and persecution and the regular use of lethal force against Palestinians, including children, that violate international standards, and to investigate past abuses. It should suspend assistance so long as these grave abuses persist.
• Members of the US House of Representatives should support the Defending the Human Rights of Palestinian Children and Families Living Under Israeli Occupation Act (H.R. 2590), which would prohibit US funding to Israel from being unlawfully used for the military detention and abuse of Palestinian children, destruction of Palestinian property, and expropriation of land for settlements.

Featured Photo: Left to Right, Adam Ayyad, Wadea Abu Ramuz, Mahmoud al-Sadi, and Mohammed al-Sleem. © Private

Via ( Human Rights Watch

Afghanistan has become one of the world’s worst humanitarian crises, with more than 28 million people – two-thirds of the population – in urgent need of humanitarian assistance. The United Nations has reported that four million people are acutely malnourished, including 3.2 million children under 5.

“People in Afghanistan are living a humanitarian and human rights nightmare under Taliban rule,” said Fereshta Abbasi, Afghanistan researcher at Human Rights Watch. “The Taliban leadership needs to urgently reject their abusive rules and policies, and the international community needs to hold them accountable for the current crises.”

Together with decades of war, extreme weather events, and widespread unemployment, the main causes of food insecurity since the Taliban takeover have been the harsh restrictions on women and girls’ rights. The result has been the loss of many jobs, particularly the dismissal of many women from their jobs and bans on women working for humanitarian organizations, except in limited areas. Women and girls are denied access to secondary and higher education.

On December 24, 2022, the Taliban announced a ban on women working with all local and international nongovernmental organizations, including the UN, with exemptions for health, nutrition, and education. This has severely harmed women’s livelihoods, as it is impossible to determine whether women are receiving assistance if they are not involved in the distribution and monitoring processes. The crisis has disproportionately harmed women and girls, who already have more difficulty getting access to food, health care, and housing.