There is no point in preparing an introduction to this article. Why waste words on compositional niceties when the only thing I can offer is that I’m at a total loss. There are no words or expressions that could ever fully explain what I and other Palestinians are feeling at this moment in time. Since Saturday afternoon, most of us here have been glued to the television, mutely taking in details of the latest bombed target and watching horrific footage of bloodied men, women and children, body parts strewn about, and people offering last minute prayers in the rubble of their homes because they think they’re about to die. The hospital scenes offer no consolation, as doctors and nurses wearing bloodied scrubs attempt to aid the injured, knowing full well that they do not have the medical supplies to do so effectively. Rage, disgust, impotence, disbelief… these are just a few of the feelings swirling around in our hearts and minds for the moment. Those feelings are not just addressed to Israel, but to the international community as well. The UN gathered in an emergency session to issue yet another lukewarm resolution calling on all sides to stop the fighting. Of course, the resolution was missing what should have been a key component, condemnation of Israel’s actions. There was no mention of an excessive use of force, no mention of Israel’s responsibilities as an occupying power. The US and the UK did not even bother to demand a halt to the violence, instead merely requesting that Israel try to avoid racking up civilian casualties. Israel hasn’t even acquiesced to that request, and how could they? Gaza is one of the most densely populated areas in the world. There are no wide expanses of land. Houses are built on top of each other. Government buildings and police stations are nestled in and amongst residential neighborhoods. It would be like trying to pluck out one card from beneath a house of cards, and expecting the whole structure to stay intact. Besides, Israel is not merely targeting government buildings and security compounds as first thought. Looking at the latest reports, Israel has bombed the Gaza port, a local university campus, an Olympic committee building, greenhouses, a school, homes, parked cars, mosques, prisons (full of prisoners), a graduation ceremony for traffic police, and medical storehouses. And still the bombing continues. Alas, Israel knows it can get away with this latest massacre unscathed, just as it did in Lebanon in 2006. Israel has bombed UN refuges full of women and children (the Qana shelling, 1996) and killed UN observers with precision-guided weapons (Khiyam, Lebanon, 2006), yet still it goes about as a respected member of the world community. Surely no other country would ever be afforded such impunity. The terrible irony of this latest catastrophe is that this whole situation is of Israel’s making, the consequence of one of their many failed experiments in dealing with the Palestinian people. When Hamas first emerged in 1987, it was formed from various Islamic charities based in the Palestinian territories with links to the Muslim Brotherhood, the Islamist movement born in Egypt in the 1920s. Israel allowed these Islamic charities to gain strength in Palestinian areas, hoping that they would counter the influence of secular Palestinian resistance movements. Sheikh Ahmed Yassin, the wheelchair-bound spiritual leader of Hamas who was assassinated by Israel in 2004, formed Hamas as the military wing of his group the Islamic Association, an association recognized and approved by Israel ten years earlier. Throughout the 1980s, Israel played a significant role in encouraging Hamas’s emergence in the belief that such an Islamist group might help fracture support for the Fatah movement. There was a point in history when Fatah was the target of Israel’s wrath. For forty years, Fatah, a reverse acronym of the Arabic title Harakat al-Tahrir al-Watani al-Filastini, which translates as the Palestinian National Liberation Movement, was the bane of Israel’s existence (especially during the first Intifada). As such, Israel and its Shin Bet secret service went to great lengths to set the popular, secular, and more moderate Fatah party against Islamic movements in the hopes of weakening it. In the aptly named book, “Devil’s Game” by Robert Dreyfuss, a senior analyst for the CIA, Martha Kessler, was quoted as saying, “[We] saw Israel cultivate Islam as a counterweight to Palestinian nationalism.” Dreyfuss also quotes Philip Wilcox, a former US ambassador who headed the US consulate in Jerusalem, who said, "There were consistent rumors that Israeli secret service [Shin Bet] gave covert support to Hamas, because they were seen as rivals to the PLO." Like the US and the UK before it, Israel never learned the lesson that the 'my enemy's enemy is my friend' policy often tends to backfire. As we all know, Israel abandoned its plan of clandestine support for Hamas, recognizing the PLO, of which Fatah was the largest party, as the legitimate representative of the Palestinian people in 1993. However, Hamas would not disappear, and was democratically elected to power in 2006. Now Gazans are caught up in Israel’s latest attempt to destroy Hamas, paying the price of Israel’s mistake with their own lives. Israel can cite all it wants as justification for this latest attack – the 300 plus rockets that have been fired into Israel and the one resulting Israeli fatality; the ‘terror’ of living within the range of homemade rockets; the destruction of Hamas. But nothing can excuse the murder of more than 310 Palestinians (and counting) and the injuring of nearly 1,600 more in just two days. Well-informed Israeli analysts conceded yesterday that contrary to the belief that Israel had simply run out of patience vis-à-vis the rocket-firing, Operation Cast Lead has been in the planning stages for some six months, starting right around the time the Hamas-Israel ceasefire was first declared. What a coincidence… Who knows what Israel plans to do next? With 6,500 reservists on call, some claim Israel will deploy ground forces to search for further ‘rocket production and storage facilities’. Others argue that Israel will not risk its troops coming across the wrath of very motivated, though lightly armed Palestinian fighters. One thing is for sure though. While Israel may succeed in destroying Hamas’s infrastructure and Gazan homes, the reasons and motivations for heeding Hamas’s call have only been strengthened. In addition, the Palestinian negotiating team announced a freeze in 'peace' talks while Israeli airstrikes continue, conceding to numerous demands from Palestinians and Arabs that President Mahmoud Abbas halt all contact with Israel for the moment. "There are no negotiations and there is no way there could be negotiations while there are attacks against us," chief Palestinian negotiator Ahmed Qureia told reporters. At present, Palestinians are still getting over the initial shock and rage of the attacks, which are still ongoing. Analyzing the why’s and how’s is too painful. Most Palestinians are still veering between insanely angry rhetoric and numbness. Still, no matter what happens next, Israel can at least proudly own that it has broken one record - its own for the most Palestinians killed in under an hour.
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By: Joharah Baker for MIFTAH
Date: 17/05/2023
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Today, the Nakba is yours
This is not a story about numbers. Granted, numbers are very relevant, but not today. This is about role-play, about imagining yourself in another’s position and then, once realized, demanding justice, accountability and compensation for the unbelievable atrocity that must no longer be ignored. This is about the Nakba, but this time, it is yours. Imagine that in a matter of days, sometimes hours, your entire world is turned upside down. You no longer have a home, belongings or money, except for whatever you could manage to hastily stuff in your pockets before running for your life. Zionist militias, armed and ready, invade your city or burn down your village and you have nowhere to go, so you flee. You have heard that in neighboring villages and towns, these militias have slaughtered hundreds of people, pillaged their homes and claimed the land as their own. Deir Yassin, where over 100 innocent people were killed, is just one of these documented massacres. This terrifies you to the bone, so you flee, children, house keys, maybe some pictures or personal documents, in tow. You join the leagues of other terrified people who are walking to an unknown future, hoping beyond hope that this nightmare will end in a few short days. Not in your wildest dreams did you imagine that you would never see your home again; that it does not matter if you left your front door unlocked or the clothes still hanging on the clothesline. Someone else, a stranger, will soon have taken your place. This is just temporary, you convince yourself; this situation is not sustainable, you say, because nobody has the right to take away your home and your property, much less your homeland. If anyone dared, there was a world that believes in justice, rights and humanity that would not allow it. At least that is what you believed then. But this is not your story and you should be very grateful for that. This is the story of the Palestinian Nakba and it is as real as it gets. According to official UN estimates, at least 750,000 women, men and children, or 75% of the Palestinian population of historical Palestine, were displaced, expelled and ethnically cleansed over the course of a few months, never to return to their homes. Their false hopes of return eventually turned into shattered dreams and a lifetime of exile in refugee camps in the West Bank, Gaza Strip and Jordan, or for those exiled closer to the northern border of Palestine, to squalid refugee camps in Syria and Lebanon. Even the United Nations, upon realizing the magnitude of the Nakba or “catastrophe’ that had occurred, did not believe it would last for 75 years and counting. It created UNRWA, the United Nations Relief and Works Agency, to cope with the fallout of Israel’s creation over the wreckage of what was once Palestine. The agency was meant to provide emergency assistance to Palestinians displaced by the war until a permanent solution could be found. Its mandate has been renewed repeatedly since then for obvious reasons. For those who were exiled, it is hard to tell when it finally dawned on them that they would never go home. Hope is a double-edged sword because it motivates people to continue to strive for their goals, in this case, the legitimate demand to return to their rightful homes. However, the flip side is the disappointment and desperation that takes over when year after year, this demand is ignored, maligned and pushed back by the powers that be, first and foremost by Israel, the perpetrator and maintainer of the atrocity and secondly, by its powerful global allies, the United States in particular. The result is that these people, who had productive and meaningful lives just like anyone else, were so cruelly uprooted and dispossessed by no fault of their own and demand nothing more than their legitimate right of return. This is a right enshrined in international law and in particular, UN General Assembly Resolution 194, which clearly states: “Refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date...” These are nice words, ones that by any standard, should be binding. However, for anyone who has languished in the Biqa’a camp in Jordan, the Shati’ camp in the Gaza Strip or the Yarmouk camp in Syria, this resolution is nothing but useless ink on paper. The Palestinians have and never will relinquish their inalienable right of return to their original homes; time has proven that. Still, this is only part of the equation. It falls on the international community to uphold the standards, which it espouses. It has an ethical, legal and moral obligation to ensure that justice is realized for Palestine refugees and that Israel, the creator of this catastrophe, is held accountable for its dark past and crimes against the indigenous people of this land. Now, think of this story, not from the lens of the Palestinians, a foreign people you may not know much about. Think of this story as if it were your own: it was your house that was stolen, your land that was given to another people, your relatives massacred and displaced and you whose identity and cause have been systematically denied for almost a century. Can you see it?
By: Joharah Baker for MIFTAH
Date: 04/05/2023
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No rest for the weary…life under Israeli occupation
Hard times are exactly as they sound. But when these ‘hard times’ continue for close to 60 years, they become basically intolerable. Ask any Palestinian living under Israel’s brutal occupation and they will erase any doubts that ‘hard times’ doesn’t even come close. Take this testimony from a woman, a teacher living in the northern West Bank city of Tubas, who told MIFTAH about the terrifying night the Israeli occupation army raided her home. The raid took place on February 23, 2022 at around 4:30 am. This is not unusual for occupation forces, which are trained to storm homes with families quietly sleeping in their beds, in the wee hours before dawn, to instill fear and panic and turn their lives and homes upside-down in a second. This teacher, Maha, shares her home with her older sister, Dua’ and her elderly mother. She and her sister are also blind. “I was awakened by my sister yelling: who are you? Are you djinn or human? Maha, answer me! Is that you?” There was no answer. “I was still in bed when I felt something – I was not sure what – pull off my covers and push me to the floor. I was terrified and started calling out for Dua’. I could feel there were people in the room, all around me, right before one of them began to beat me. I was so scared and called out to my mother but I couldn’t hear her voice.” Maha spent half an hour in sheer terror, alone, confused, being beaten and not knowing the fate of her elderly mother, as the Israeli trespassers ransacked her home, petrifying them all. “I cannot begin to describe the terror I felt; I have never felt that way my whole life,” she recounts. Finally, after what seemed to be an interminable period, she heard the voice she was longing for the most: her mother. “She was screaming to us, telling us that the intruders were Israeli soldiers and that they had a large dog with them.” This terrified her even more, especially since she was forced to remain on the floor and she could hear her sister’s cries. “I remember thinking: if only I could see, to know what was happening around me, I would then go back to being blind. I just wanted to help and calm my sister down. I just wanted to help my mother. The soldiers made me totally incapacitated.” Maha’s story is one of hundreds of thousands of Palestinians who have endured grueling house raids, arbitrary arrests, home demolitions and settler attacks. Still, even when there are no ‘active’ Israeli assaults on Palestinians, merely existing under Israeli military rule is anything but normal. Every Palestinian in the West Bank, including East Jerusalem, and the Gaza Strip is all too familiar with the hundreds of Israeli checkpoints interrupting the geographic flow between Palestinian cities, villages and camps. They are accosted by the sight of the illegal annexation wall, cutting along, and in places, deep into, West Bank territory, severing Palestinians from their farmlands, from their loved ones, from Jerusalem and from historic Palestine. They must apply for permits to build, to travel, to seek medical attention or to visit their loved ones in Israeli prisons, all at the whim of Israeli occupation authorities. The raid on Maha’s house that night ended in zero arrests, but hundreds of thousands of other Palestinians have not been as lucky. Since Israel’s occupation of the West Bank, including East Jerusalem, and Gaza Strip in the June, 1967 war, over one million Palestinians have been illegally arrested by its occupation forces. That is a staggering number for a population that stands at approximately 5.3 million, according to Palestinian Central Bureau of Statistics estimates for 2022. At present, there are nearly 5,000 Palestinian men, women and children being held in Israeli prisons and detention centers inside the West Bank and in Israel, the latter illegal under international law, which does not allow an occupying party to imprison their ‘subjects’ outside of the territories it occupies. International law has never been an obstacle for Israel, something the Palestinians know all too well. According to testimonies collected by MIFTAH field researches, collected between 2020 and 2022, Israeli occupation forces never presented a legal search or arrest warrant during the raids. All of the testimonies stated that large numbers of soldiers participated in the raids, sometimes exceeding 20 or 30, irrespective of children, women or the elderly. Once detained, the men, women and oftentimes children, are taken to Israeli detention centers, sometimes held for days on end without having access to legal counsel, mistreated, deprived nutritious food, sleep, appropriate clothing and in the worst case, tortured. The detainee is then brought before a “kangaroo” Israeli military court, which for Palestinians, has an almost 100% conviction rate. They are charged with ‘crimes’, all related to some form of resistance to the occupation and summarily sentenced, or placed under administrative detention. While this form of detention, which allows Israeli authorities to hold Palestinians without charge or trial, is technically not banned under international law, it is never meant to be renewed for years, as is the case with the Palestinians. The nightmare does not stop there, however. For the families of prisoners, visiting their loved ones in Israeli prisons is always a grueling process. According to a January, 2023 MIFTAH report on Israeli violations of Palestinian rights in the West Bank, affidavits from families visiting imprisoned relatives in Israeli prisons reported that on average, the entire process takes between 12-14 hours. What’s more, once they arrive, the actual visit only lasts 45 minutes and takes place in rooms with no direct contact and a glass wall separating them at all times. In a 2019 testimonial, documented by the Israeli rights organization B’Tselem, 80-year old Hilweh Shabaneh, from the Ramallah-area village of Sinjil sums up the horrific journey to visit her son in the Nafha Prison. “From four o’clock in the morning to nine o’clock at night, 17 long hours of dragging around from one place to another, from one bus to another and one security check to another, getting on, getting off, on and off. Even if I were made out of iron I would collapse”. Shabaneh then unwittingly sums up Palestinians’ sentiments regarding life under Israeli military occupation, overall. “I swear to God, I wouldn't wish this on anybody.”
By: Ola Salem
Date: 28/03/2023
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Education and challenges in Palestine. (Gendered impact within Women, Peace and Security)
The right to education is an internationally protected right under international law and an integral part of the international law foundation. In the case of Palestine, education has always been a challenge like every aspect of Palestinian lives. Frequent closures of cities, hundreds of military checkpoints and the construction of the annexation wall prevents thousands of students and teachers from reaching their schools and universities. Palestinian students are regularly subjected to intimidation, assault and arbitrary arrest by Israeli soldiers, many schools have been closed down, raided and attacked by military orders, making it harder for them to practice and pursue their education freely and fulfil their potential. The continuing Israeli occupation significantly impedes education in the Occupied Palestinian Territory (OPT). As noted by the UN Special Rapporteur on the Right to Education: “military occupations are another appreciable curb on the human right to education, the most egregious example being the Israeli-Palestinian conflict.” There is substantial evidence that Israel is failing in its duties under international human rights and humanitarian law with regard to education. In this research; the researcher will focus mainly on the challenges that women face in practicing their right to education and the definition of the right to education under international law; with a focus on the effect of the Israeli occupation and the Palestinian authorities' funding and quality for education concluded with an overall impact of these aspects on the right to education in Palestine and the role of international law in protecting this right. The right to education has been recognized in a number of international and regional legal instruments: treaties (conventions, covenants, charters) and also in general comments, recommendations, declarations, United Nations resolutions and frameworks for action. The Universal Declaration of Human Rights (UDHR), adopted in 1948, states in Article 26: 'Everyone has the right to education. Since then, the right to education has been reaffirmed in various international treaties including:
The right to education has also been recognized in ILO Conventions and international humanitarian law, as well as in regional treaties. International human rights law guarantees the right to education. The Universal Declaration on Human Rights adopted in 1948, proclaims in Article 26: “everyone has the right to education. The right to education is legally guaranteed for all without any discrimination, states have the obligation to protect, respect, and fulfil the right to education and there are ways to hold states accountable for violations or deprivations of the right to education”. Article 26 must be read along with Article 2 UDHR, which sets out the principle of non-discrimination: [E]veryone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. The principle of non-discrimination and equality is a general principle of international human rights law which is essential to the exercise of and enjoyment of all human rights, including the right to education. It is also enshrined in the Charter of the United Nations, the ICESCR and the ICCPR,8 as well as all the major international human rights treaties. Furthermore, the Committee on Economic, Social and Cultural Rights (CESCR) has commented on the principle of non-discrimination, underlining that it is an “immediate and cross-cutting obligation” for States parties to the ICESCR. As a result, States’ constitutions and other legal and policy texts must not contain any form of discrimination, and States must also ensure that non-discrimination is applied in practice. The principle of non-discrimination and equality is particularly important for the realization of the right to education. Indeed, before the right to education was even adopted in the Covenants, a specific treaty was adopted to prohibit discrimination in education The right to education under international law encompasses both entitlements and freedoms, including the :
The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (1979) mentioned the right to education under article 10: - Article 10 States Parties shall take all appropriate measures to eliminate discrimination against women in order to ensure to them equal rights with men in the field of education and in particular to ensure, on a basis of equality of men and women: (a) The same conditions for career and vocational guidance, for access to studies and for the achievement of diplomas in educational establishments of all categories in rural as well as in urban areas; this equality shall be ensured in pre-school, general, technical, professional and higher technical education, as well as in all types of vocational training; (b) Access to the same curricula, the same examinations, teaching staff with qualifications of the same standard and school premises and equipment of the same quality; (c) The elimination of any stereotyped concept of the roles of men and women at all levels and in all forms of education by encouraging coeducation and other types of education which will help to achieve this aim and, in particular, by the revision of textbooks and school programmes and the adaptation of teaching methods; (d) The same opportunities to benefit from scholarships and other study grants; (e) The same opportunities for access to programmes of continuing education, including adult and functional literacy programmes, particularly those aimed at reducing, at the earliest possible time, any gap in education existing between men and women; (f) The reduction of female student drop-out rates and the organization of programmes for girls and women who have left school prematurely; (g) The same Opportunities to participate actively in sports and physical education; (h) Access to specific educational information to help to ensure the health and well-being of families, including information and advice on family planning. The International Covenant on Economic, Social and Cultural Rights (ICESCR) devotes two articles to the right to education, articles 13 and 14. Article 13, the longest provision in the Covenant, is the most wide-ranging and comprehensive article on the right to education in international human rights law. The general comment 13, adopted by the committee on Economic, Social and Cultural rights provide interpretation and clarification of Article 13 of the International Covenant on Economic, Social and Cultural rights. Article 13 (2): The right to receive an education - some general remarks - While the precise and appropriate application of the terms will depend upon the conditions prevailing in a particular State party, education in all its forms and at all levels shall exhibit the following interrelated and essential features: (a) Availability - functioning educational institutions and programmes have to be available in sufficient quantity within the jurisdiction of the State party. What they require to function depends upon numerous factors, including the developmental context within which they operate; for example, all institutions and programmes are likely to require buildings or other protection from the elements, sanitation facilities for both sexes, safe drinking water, trained teachers receiving domestically competitive salaries, teaching materials, and so on; while some will also require facilities such as a library, computer facilities and information technology. (b) Accessibility - educational institutions and programmes have to be accessible to everyone, without discrimination, within the jurisdiction of the State party. Accessibility has three overlapping dimensions: (i) Non-discrimination - education must be accessible to all, especially the most vulnerable groups, in law and fact, without discrimination on any of the prohibited grounds (see paras. 31-37 on non-discrimination); (ii) Physical accessibility - education has to be within safe physical reach, either by attendance at some reasonably convenient geographic location (e.g. a neighbourhood school) or via modern technology (e.g. access to a “distance learning” programme); (iii) Economic accessibility - education has to be affordable to all. This dimension of accessibility is subject to the differential wording of article 13 (2) in relation to primary, secondary and higher education: whereas primary education shall be available “free to all”, States parties are required to progressively introduce free secondary and higher education; (c) Acceptability - the form and substance of education, including curricula and teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of good quality) to students and, in appropriate cases, parents; this is subject to the educational objectives required by article 13 (1) and such minimum educational standards as may be approved by the State (see art. 13 (3) and (4)); (d) Adaptability - education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students within their diverse social and cultural settings.When considering the appropriate application of these “interrelated and essential features” the best interests of the student shall be a primary consideration. II. STATES PARTIES' OBLIGATIONS AND VIOLATIONS General legal obligations:- 43. While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to education, such as the “guarantee” that the right “will be exercised without discrimination of any kind” (art.2 (2)) and the obligation “to take steps” (art. 2 (1)) towards the full realization of article 13. Such steps must be “deliberate, concrete and targeted” towards the full realization of the right to education. 44. The realization of the right to education over time, that is “progressively”, should not be interpreted as depriving States parties’ obligations of all meaningful content. Progressive realization means that States parties have a specific and continuing obligation “to move as expeditiously and effectively as possible” towards the full realization of article 13. 46. The right to education, like all human rights, imposes three types or levels of obligations on States parties: the obligations to respect, protect and fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. 47. The obligation to respect requires States parties to avoid measures that hinder or prevent the enjoyment of the right to education. The obligation to protect requires States parties to take measures that prevent third parties from interfering with the enjoyment of the right to education. The obligation to fulfil (facilitate) requires States to take positive measures that enable and assist individuals and communities to enjoy the right to education. Finally, States parties have an obligation to fulfil (provide) the right to education. As a general rule, States parties are obliged to fulfil (provide) a specific right in the Covenant when an individual or group is unable, for reasons beyond their control, to realize the right themselves by the means at their disposal. However, the extent of this obligation is always subject to the text of the Covenant. Violations 59. By way of illustration, violations of article 13 include: the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in article 13 (1); the failure to maintain a transparent and effective system to monitor conformity with article 13 (1); the failure to introduce, as a matter of priority, primary education which is compulsory and available free to all; the failure to take “deliberate, concrete and targeted” measures towards the progressive realization of secondary, higher and fundamental education in accordance with article 13 (2) (b)-(d); the prohibition of private educational institutions; the failure to ensure private educational institutions conform to the “minimum educational standards” required by article 13 (3) and (4); the denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non-conformity with article 4. Article 50 of the Fourth Geneva Convention (1949) states: "The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children." Israel is therefore obligated to ensure the orderly operation of the educational institutions in the territories. ICL prohibits persecution as a crime against humanity in the treaty statutes of the ad hoc tribunals as well as the ICC. The Rome Statute defines persecution as the “intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group of collectively”. Unlike other expressions of the crime, the Rome Statute also requires that persecution be committed in connection with another crime or at least one inhumane act. Although untested, it is possible that the intentional and severe deprivation or prevention of education of a particular group can, if the other elements of the crime are fulfilled, constitute persecution. In order for the deprivation of education to amount to a crime against humanity under the Rome Statute, it must meet the following criteria:
The right of children to receive an education belongs to this category of rights which are irrevocable under any claim or pretext. Historically, peoples and states that prevented children from exercising their right to education have been viewed as barbaric. Humanity having recognized, in the lengthy course of the formation of civilization, that children have the right to education - that is, that education is no mere favor conferred by parents, states, churches, or whoever implements the right -considers all those who infringe this right to be acting inhumanely. Categorically, such behavior is no different from any other abridgement of human rights. The Right to Education in Palestine Since the start of the Intifada in 1987, the Israeli authorities have closed down the majority of the education institutions in different areas under occupation for extended periods. The education system has also suffered from strikes and from clashes with the Israeli occupation forces have forcibly entered schools, sometimes opening fire; many students and teachers have been arrested, killed, or physically injured. For decades Israel has been violating Palestinians' right to education through numerous education-related incidents, such as attacks or threats of attacks on schools, delays at checkpoints, military presence at school entrances, closed military areas in addition to the use of live ammunition and tear gas in and around schools, school search, confiscation of education items, detention of students and school staff, settler related violence, or school demolitions and stop-work orders . Israel’s measures prevent the development of the Palestinian educational system. Not at once, Israel was held accountable for its violation of the Palestinian right to education or any violation. These violations play a huge role in creating obstacles to Palestinians' education, making it hard for them to have quality education and to enjoy their right safely. These violations affect Palestinian women the most with a consideration that the Palestinian society is a patriarchal society that may stand in the face of women education if they may face such obstacles and violations. Even though these violations affect the life and education of Palestinians and especially women; the percentage of educated women in Palestine is remarkable and one of the highest around the world with a 99.6% in 2020 for completion of different educational levels (elementary education, secondary education, upper/senior secondary education) and according to data of 2019-2020, the net enrollment ratio in the elementary stage increased for 98.4% . One of many measures Israel undertakes is the demolition and closure of schools, especially in the South Hebron Hills area. Since the start of 2021, Israel has demolished 1,032 Palestinian-owned structures across the occupied West Bank. The list includes homes, schools, shops and farming facilities. The UN Office for the Coordination of Humanitarian Affairs has said that Israeli demolitions have displaced 1,347 Palestinians in that period . Usually, the “reason” behind the demolishing in Area C is building without a permit which is nearly impossible to be issued in Area C. One of these schools is located in the Bedouin village Abu Nuwar, where 670 Palestinians live in tents and sheet-metal shacks. The only school in the village was partially demolished for the sixth time since 2016. The 26 children study in a local community center and barbershop. One of the most targeted villages is “Burin”. Burin is home to about 3000 Palestinian and is surrounded by two illegal settlements, an illegal outpost, and a military base. The only school in Burin sits at the entrance of the village and is attended by about 300 boys and girls. The school is often on the frontline of settler and soldier raids on the village. According to Middle East Eye interview with an activist from Burin, “Every week there are at least two or three attacks, from both settlers and soldiers. “The settlers will come down from the mountain and try to break the school windows and attack teachers and students with rocks. Sometimes they even shoot live bullets”. Masafer Yatta area of the Hebron hills, 210 Palestinian children living in a cluster of 12 small villages face daily challenges getting to class in an active military training zone. There are only three schools in the entire area, and most of the communities do not have access to school buses, forcing kids to walk several kilometers to and from school, any busses secured for children were often stopped and turned around by Israeli forces in addition, during active training periods, soldiers will close certain areas leading to the school for up to 10 days, leaving teachers and children sitting at home until the army reopens the area. Recently Israel's court paves way for the eviction of over 2000 Palestinians from Masafer Yatta which will lead to the displacement of thousands of Bedouin Palestinians and cause a severe effect on education. According to the Palestinian ministry of education report in 2021; 26,808 students and 1,029 teachers were either prevented from getting to school or faced long delays at checkpoints, resulting in "35,895 classes wasted". Even though human rights are inherent to all human beings, they cannot be given or taken away. Israel slips Palestinians of their basic human rights on a daily basis even the simplest ones including their right to education. In many cases many Palestinian women stop their education in the early stages because of the obstacles that they face, many women do not feel safe going to school or college for many days and sometimes years. The lost feeling of safety that every Palestinian feel prevent many from pursuing their passion, many dreams were killed because of these violations. These challenges do not affect only the lives and rights of the people affected; they have a huge effect on the social and economic aspects too and it leads to early dropouts from school. According to a report published by MIFTAH; the Palestinian Ministry of Higher Education and Scientific Research spending in 2020-2021 on education is (3.140.7) Millions ILS from (16.120.3) Millions ILS annual budget, meaning overall (19.5%) of the overall annual budget. Meaning that the spending from the side and the budget provided by the Palestinian authority for education are very low compared to the needs and the development that the education sector in Palestine needs. Manny Palestinian villages do not have more than one school in the whole village and that leaves a lot of students to go to another village which adds to transportation expenses. On the other side; In 2021 the youth unemployment rates reached 40% in the West Bank and 62% in Gaza and about half a million children in Palestine need humanitarian assistance to access quality education. The high rates of unemployment leave no choice to many Palestinian than to dropout from school and in many cases go to work inside the green line or in settlements. Despite the impact of conflict on education, very low levels of humanitarian funding are provided for education. This prevents the education sector from responding swiftly to needs after periods of intense conflict – including responding to the effects of attacks on education and restoring schooling Children and women are the vast majority of those adversely affected by the occupation and in the reaffirming of the implementation of international humanitarian law and human rights law that protect the rights of women and girls during and after conflict. These two majorities require a special lens that can provide detailed protection and recognition; after many movements towards creating this lens for the protection of women and children; the women, peace and security (“WPS”) agenda was formally initiated by the united nations security council (UNSCR) 1325 resolution in 2000, that was the first landmark resolution on women, peace and security that addresses the impact of war on women and the importance of women’s full and equal participation in conflict resolution, peacebuilding, peacekeeping, humanitarian response and in post-conflict reconstruction. The resolution also calls for special measures to protect women and girls from conflict-related sexual violence and outlines gender-related responsibilities of the United Nations in different political and programmatic areas . The 1325 United Nations Security Council Resolution has four pillars: - protection, prevention, participation and relief and recovery. When we talk about any aspect of Palestinian lives there is a cycle of connection between every aspect of the obstacles that women face in practicing their right to education from the Israeli occupation, the quality and funding from the Palestinian authorities to the education sector and the high rates of unemployment leaves too many social, economic, psychological effects. The 1325 UNSCR main purpose is to provide the four pillars (protection, prevention, participation and relief and recovery) to women and children. In the case of Palestine, it is strongly believable according to the reality and data provided that the 1325 UNSCR is not fulfilling its obligations towards Palestinian women and children and this falls on the state parties. It should provide protection to women and women are not being protected in any aspect of their lives including in pursuing their education, it should provide prevention from assaults and harassment but on the other side women are facing harassment from the Israeli soldiers and settlers on a daily basis, it should provide participation for women but they can’t participate in decision making if they can’t pursue their education freely and enjoy their basic human rights, it should provide relief and recovery and I don’t even think we are in this stage because women are still facing these violations on the day to day life and in every moment of their lives. Many women lives are being slipped because of these violations on every side, especially in the educational sector. The state parties of the 1325 UNSCR and the International bodies and community must hold Israel accountable of the continuous commitment of Human rights violations which amount to crimes against humanity, of which is the right of education to women and girls; Violence against women in all its forms is a source of grave concern that threatens women education and future potential. Children experience distress, fear and intimidation when going to and from school in high-risk areas, often having to pass through checkpoints or walk-through settlements. Constant exposure to soldiers and settlers' violence in addition to the mentality that women have that they need to protect themselves when they go to school should be stopped and it won’t stop without action from every international body. Challenges that Palestinian women and girls face to exercise their education rights under military occupation, they are exposed to violent and terrorist attacks due to settlement expansion, forceful displacement, mobility restrictions imposed by Israeli occupation forces. At the end, education is not a privilege that is asked for, it is a human right and human rights are inherent to all human beings, they cannot be given or taken away. Education is a sacred right that is protected in every international convention and under international law. Israel is committing human rights violations towards every aspect of Palestinian lives, under the eye of the international community and the world, the Israeli occupation is violating its obligations towards the Palestinian making their lives miserable by every aspect. The violations towards education and specially regarding Palestinian women by the Israeli authorities is a gender-based violence that is directed against women because she is a woman and it affects women disproportionately and according to the 1325 UNSCR, the party states should protect women from all kinds of violence against women, including by prosecuting those responsible for violations of international law. The application of women, peace and security agenda that is supposed to protect women rights and prevent a violation towards it is not serving it required obligations towards empowering Palestinian women rights and protecting it, day by day women rights are descend more and more and in my opinion, even though 1325 UNSCR is created and centered towards the protection of women in times of conflict, the women in Palestine are still facing many obstacles and restrictions, it is crystal clear to any eye that the Israeli occupation have no respect to the international law, conventions and resolutions related to the protection of human rights and it’s failing its obligations, therefore it’s time to stop calling for respect and start calling for an end to the lifelong impunity and accountability. This paper was written by Ola Sami, the second scholarship recipient from the Folke Bernadotte Academy (FBA ) of Sweden in support of women, peace and security in memory of Zaida Catalan. To view the full article as PDF
By the Same Author
Date: 18/02/2009
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Tennis Courts, the Latest Battle Ground
Throughout the years, the Palestinian-Israeli conflict has spilled over onto many different stages – movie award ceremonies, the theater, musicians’ lyrics, photography exhibitions and so on... Major newspapers have apparently only now realized that this political conflict is being reflected in sports as well, and of course, they are up in arms about it. Dubai is now taking the brunt of hostility and criticism for its decision to bar entry to an Israeli tennis player, Shahar Peer, who formerly served in the Israeli army. She was travelling to compete in the Barclays Dubai Championships next week. The tournament’s organizers explained that their decision was based on security concerns, saying that Peer's presence would antagonize local tennis fans who had only a few weeks ago watched horrific events unfold during Israel’s 22-day assault on Gaza which left more than 1,300 Palestinians dead. The organizers said that they simply could not guarantee Peer’s safety on the tennis court. Ironically, the Israel Football Association took a similar decision during its military offensive in Gaza when it barred any football matches from being held in Palestinian communities inside Israel, citing concerns for the ‘safety’ of its Israeli players. While Dubai’s decision is officially based on security concerns, many agree that it is also influenced by politics, an indirect condemnation of Israel for its indiscriminate killing in Gaza. Despite the circumstances, newspapers, tennis players, and organizers expressed outrage at Dubai’s decision. The Wall Street Journal, one of the sponsors of the event, immediately withdrew its funding when it heard about Peer’s visa rejection. The Tennis Channel protested the decision by announcing its refusal to televise the event as previously planned. A U.S. tour company, IsramWorld, also canceled its tours to Dubai because of the visa incident, calling Dubai’s decision “an odious act of political bigotry.” In addition, famous tennis players such as Amelie Mauresmo, Ana Ivanovic and Venus Williams criticized the decision, saying it was “not acceptable”, and that “sports should be above politics”. As Ken Solomon, the chairman and chief executive of the Tennis Channel, said, “Sports are about merit, absent of background, class, race, creed, color or religion. They are simply about talent… If Israel were barring a citizen of an Arab nation, we would have made the same decision.” These are all noble sentiments indeed, but do they actually work both ways? Do they apply to Palestinian athletes as well as Israeli ones? Anybody who has taken even the briefest of looks at the state of sports in Palestine will answer with a quick and decisive ‘No’. Instead, what we have here is just another example of double standards – one standard for Israelis, but another standard completely for Palestinians. Did any of these newspapers, athletes, and sport channel executives say anything when Israel bombed the headquarters of the Palestinian Football Association, built partially with funds from the Federation of International Football Associations (FIFA)? The facility, which housed the men and women’s football teams, now lies in ruins. What about when Israeli air strikes destroyed sports clubs and youth organization headquarters? What about when three top Palestinian football players in the prime of their careers were killed in their homes in Gaza during Operation Cast Lead? If you cast your memory a bit further back to 2004, you might remember when Israel prevented the Palestinian football team from playing on an international level during the World Cup qualifiers. Israel banned several key members of the team from leaving the Gaza Strip for what would have been the second leg of a match against Chinese Taipei, after Palestine won the first leg by eight goals to none. Palestine lost the second match, but more significantly, they lost their chance as World Cup contenders. In 2007, Gazan residents of the Palestinian team once again were refused exit visas to travel to Singapore for a match which Singapore then won by default. That same year, the Palestinian Gaza under-19 team was banned from playing in Britain when the British consulate in Jerusalem refused to grant them visas because of a risk that they would not return home to Gaza. Governments and consulates reserved and used their right to refuse entry and exit to those aspiring young athletes, but no major news channel or organization said a word about it. When the Palestinian sports foundation, Atlas Sport, published a report in October 2008 detailing the Israeli targeting of Palestinian athletes and their affiliates, the report was largely ignored. It listed the 375 Palestinian sportsmen killed and the 2000 injured at the hands of Israeli forces since late 2000, as well as the dozens of sports facilities and club buildings which had been destroyed for various reasons in both the West Bank and Gaza, preventing Palestinian youth from engaging in high-level competitions or even local club sports. The fact is that any Palestinian athlete from the West Bank or Gaza faces many physical and mental barriers when it comes to exit and entry visas, training facilities, morale, and funding. Funding, when it does come, is intermittent, and many athletes and coaches often volunteer their own money for the training they so desperately need. The fact is that in the outside world, sports may be purely about talent, separate of nationality, race, or religion. But in Israel, your talent will always be given secondary importance compared to your background. If you were the most talented athlete in the world, but you happened to be from Gaza, you could kiss goodbye to any opportunity of competing internationally on a level playing field. There will never be a level playing field for Palestinians until they can travel to competitions freely, without the risk of returning to a bombed training facility. There is no limit to the extent of double standards. Israel can ban anybody it wants from entering Israel for no reason at all, including high-ranking UN officials, but will complain and cry ‘racism’ and ‘anti-Semitism’ when their own citizens are faced with a similar situation. Believing that sports are above politics is an admirable thought, if only it were true.
Date: 09/02/2009
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Pledging Allegiance to Discrimination
I’m going to risk a limb here and dip my toe into the extremely controversial Israeli ‘loyalty’ debate. This debate heated up when Israeli politician Avigdor Lieberman made it one of the major themes for which his party, Israel Beytenu, is campaigning. Translated as ‘Israel Our Homeland’, the party was originally formed by Lieberman as a platform for Russian immigrants. It takes a strong stance against peace negotiations, considers the ‘land for peace’ concept to be immoral and wrong, and aims to reduce the number of Palestinians living in Israel by as many as possible. As part of his Israeli election campaigning, Lieberman is calling for a loyalty test, or pledge of allegiance, for all Israeli citizens, including the Palestinians. You may ask yourself, so what’s the big deal? Don’t most countries require pledges of allegiance? Of course, most countries didn’t begin and maintain an illegal occupation, didn’t create millions of refugees, and don’t treat a large number of their citizens as second class. Lieberman and his supporters argue that they are not asking Palestinian-Israelis to renounce their identity. Instead, they are asking that they recognize and pledge loyalty to Israel as a Jewish state. If they wish to live here as citizens with full rights and benefits, they must contribute to Israel’s success. Of course, your average Palestinian-Israeli, after laughing at the part about full rights and benefits, will argue that to pledge allegiance to the Jewishness of Israel does indeed sacrifice one’s own identity as a Palestinian Muslim or Christian. And look at the term ‘Israeli Arab’, which is widely used in Israeli discourse to refer to Palestinians living in Israel. This term in itself reveals a great deal about the Israeli psyche; for if you were to replace it with the phrase Palestinian-Israeli, you would shock many Israelis, even secular, left-wing ones. Israelis, whether they know it or not, are conditioned to think of the Palestinians amongst them (20 percent of the population) as a people who happen to live on the Israeli side of the border and who are tolerated so long as they submit themselves to the Zionist ideal. Calling them Arabs also strips them of their Palestinian identity, lumping them in with the general Arab population. They are never considered to be what they are – the indigenous population. Back in December 2006, Palestinian-Israeli leaders published a report called "The Future Vision of the Palestinian Arabs in Israel", which outlined strategies to be implemented by The National Committee of the Local Arab Authorities in Israel. Why did they feel the need to publish this report? Because, “Since the Al-Nakba of 1948 (the Palestinian catastrophe), we have been suffering from extreme structural discrimination policies, national oppression, military rule that lasted till 1966, land confiscation policies, unequal budget and resources allocations, rights discrimination, and threats of transfer. The State has also abused and killed its own Arab citizens, as in the Kufr Qassem massacre, on Land Day in 1976 and Al-Aqsa Intifada in 2000.” The report called for a consensual democracy, a system that embodies the presence of two groups, the Jews and the Palestinians, as opposed to a solely Jewish democracy, an oxymoron in itself. While democracy can be defined as the rule of the majority, it more importantly embodies the principles of social equality and respect for the individual within a community. An Israeli Jew might argue that the Israeli government is representative of its Palestinian population, and there are Palestinian Arab parties which currently hold seven of 120 seats in the Israeli Knesset. However, what is not widely known is that it is normal for some of these parties to be banned by the Central Election Committee during an election year, a ban that is usually then overturned by the Israeli Supreme Court after an appeal. Why go through this rigmarole? It gives parties such as Israel Beytenu the chance to make the point that they believe Palestinian Arab parties who, God forbid, criticize Israel’s discriminative policies, should not be allowed to exist in the Knesset. Israel is not a normal country to be making what appears to be a normal request. Why should Palestinian-Israelis pledge allegiance to a government that regularly discriminates against them, and includes powerful right-wing parties who consider them to be enemies, or even worse, irrelevant for consideration. Worse still, would you pledge allegiance to a government that often refers to your transfer to another land as a matter of fact rather than a matter of choice? What if that government had just completed a ‘defensive’ killing spree on your fellow people blockaded nearby? Does this test include the Palestinian Bedouins who have no rights and have been forced to exist on arid land in the Negev Desert? Adding insult to injury, what if the one asking you - a member of the indigenous population - to prove your loyalty was himself an immigrant? Yes, Lieberman was actually born in Moldova and left there when he was 20 years old. The fact is that Israel has no right to make such demands until a peaceful resolution is reached between Israelis and Palestinians, and after Palestinian-Israelis have been given the choice (emphasis on the word choice here) to join a Palestinian state or remain where they are. After that, some Palestinian-Israelis might well prefer to remain full citizens of Israel. Unfortunately, Palestinian-Israelis will have a lot to be concerned about in the future, least of all the possibility of a loyalty test. Lieberman’s party is set to win a large number of Knesset seats, giving it much more influence in the Knesset. It is also liable to be a partner in the governing coalition when it is formed, most likely, by Benjamin Netanyahu and his right-wing Likud party. Included in the top 10 reasons to vote for Israel Beytenu are ‘greater efforts to entice Jews from all over the world to come to Israel, promoting the Jewish Identity, and increasing the Jewish presence in the Golan and east Jerusalem…’ While some of Lieberman’s policies may never be enforced, such as his plan to carve out areas inside Israel that are highly populated by Palestinian villages (as though they were cancerous bodies), the fact that his influence is increasing suggests something even more worrying. It suggests that Israeli society is becoming more accepting of his ideas – which are discriminatory, racist and extreme to say the least. Gideon Levy, an Israeli journalist, might be right when he says, “When the intifada of Israel's Arabs breaks out here [Israel] one day, we will know whom to blame - those who criminally incited against them and, no less, those who turned this incitement into something acceptable and legitimate.”
Date: 04/02/2009
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While the Cats Are Away…
While the cats are away, it is guaranteed that the mice will go out and play. Of course, the analogy here refers to media, short-span attentions, and Israel’s latest occupation-cementing activities. While the world was focusing on Gaza and the devastation taking place there at the hands of a lethal Israeli army, other alarming events were going on largely unnoticed in the West Bank and east Jerusalem. Israel may not have appreciated its forces being under critical limelight in Gaza, but they were certainly able to take advantage of a distracted media trying to cope with reporting on the rapidly rising death toll there. In the weeks during and immediately after Operation ‘Cast Lead’, Israeli occupation forces were very busy in the West Bank and east Jerusalem doing what occupation forces apparently do – conducting incursions and raids, arrests, demolitions and land confiscations. In the period just before December 27 and leading up to this week, Israeli forces have killed 10 Palestinians in the West Bank, including children, and arrested at least 214 others (also including children). Moreover, they arrested 584 Palestinians who were working without permits in Israel proper, along with some 16 Israeli employers. Troops also conducted a minimum of 138 incursions into various villages and towns around the West Bank. Of course, raids and arrests are the norm for Palestinians. What is more disturbing, however, is the amount of land, the thousands of dunums that were expropriated while Palestinians, Arabs and the world were looking towards Gaza. Three thousand dunums of land was confiscated in Yatta, a village south of Hebron, for the purpose of illegal settlement expansion. Another 23 dunums were taken over near Bethlehem, including 13.4 dunums stolen from the nearby villages of Hussan and Nahalin. In Jerusalem, yet another 500 dunums were confiscated in the neighborhood of Abu Dis in east Jerusalem. Bear in mind here that a dunum is 1,000 square meters, which means that well over three million square meters of land was stolen. Obviously, the 78 percent of historical Palestine Israel has now isn’t enough, as they insist on grabbing more land from the remaining 22 percent which was earmarked to be a Palestinian state. Israeli bulldozers were also busy demolishing homes and issuing orders for more planned demolitions. On January 19, Israeli troops raided the houses of the Abu Duheim family in the Jabal el-Mukabber neighborhood of east Jerusalem, forcing the 18 residents of four apartments out on the street. They then demolished the apartments and closed the remainder of the building using concrete. The four apartments comprised the second and third floors of the four-storey apartment building. Early on the morning of January 28, troops and bulldozers moved into the Wadi Qaddoum quarter of Silwan, a village overlooked by the Mount of Olives in Jerusalem. They demolished the top floor of a three-storey house belonging to Talal al-Shwaiki, claiming that it was built without a valid permit. That same morning, they also entered the Tal al-Foul area of Beit Hanina, north of Jerusalem and demolished a residential building belonging to Mohammed Eid al-Jaabari, in which 45 people from five families were living. Once again, the usual excuse that the building was constructed without a permit was given. On February 1, two more homes owned by a Palestinian family were surrounded and destroyed in the Shufat neighborhood of Jerusalem. The homes were owned by the Ghith family. The Israeli authorities say that the homes were built without the required planning permits. Later that day, the Israeli army bulldozed four dunums of land belonging to the Al-Abbasi family in the Al-Bustan neighborhood of Silwan, which led to clashes between Silwan residents and occupation forces. It is important to note that planning permits for Palestinians are almost impossible to come by. Many a Palestinian has spent thousands of shekels and wasted years waiting for planning permission from the Israelis. Alas, almost all of the time, they receive a resounding “NO”. Palestinian natural growth and expansion is a non-existent concept in Israel. While this may look like the usual laundry list of illegal occupation-perpetuating activities, it worried Palestinians enough to host a conference earlier this week in east Jerusalem under the title “Aggression on Gaza and the Targeting of Jerusalem”. In addition to the land confiscation and home demolitions, Israel has stepped up its excavations under Al-Aqsa Mosque and the Al-Haram El-Sharif compound, Islam’s third holiest site, as well as excavating on land in the village of Silwan. Leaders of the conference stressed that the dangers surrounding the city were large and looming, and that the timing of the assault on Gaza also gave Israel the chance to further its illegal settlement expansion plans. Sheikh Ikrima Sabri, head of the Supreme Islamic Conference, took the opportunity during the conference to stress that the Israeli excavations under the Al-Haram El-Sharif compound “threaten heritage, history and civilization.” Sheikh Taysir Al Tamimi, Jerusalem’s Muslim chief justice, also said, “The world must take immediate action to save the city and its Islamic and Christian sanctities.” Settlement expansion, confiscations and demolitions have reached such an alarming pace that when George Mitchell, the newly appointed US envoy to the Middle East, met Palestinian chief negotiator Ahmed Qurei, it was reported that he was actually shocked by Qurei’s expressions of desperation and despair. Qurei briefed Mitchell on Israel’s plan to construct 3,500 housing units and invest hundreds of millions of dollars for infrastructure to build a new Jewish neighborhood in occupied east Jerusalem, calling it “a way to kill negotiations and a violation of all laws, conventions and principles of international legitimacy”. Unfortunately, at the end of the day, it really doesn’t matter if the world is paying attention or not. Israel will continue to do what it wishes, flying in the face of criticism, conventions, and international law. A distracted media just makes their job a little easier, allowing them to throw around random comments unabashedly, including the latest from Israeli prime ministerial contender and current defense minister Ehud Barak, who suggested that Israel dig a 48 kilometer tunnel for the Palestinians between Gaza and the West Bank to achieve the territorial continuity Israel is destroying above ground. To ‘sweeten’ the suggestion, Barak added, "Palestinians would have unlimited access to the tunnel, and would be able to travel it undisturbed.” A distracted media also makes it easier for Israel to allow the convening of the World Jewish Congress and its 600 delegates in Jerusalem under the slogan, 'We Stand by Israel', while preventing Palestinians from celebrating Jerusalem as the Arab capital of culture this year. There is definitely something wrong when such celebrations have to be organized in secret and at the last minute to prevent Israeli forces from disrupting and cancelling them. The fact is that there is so much wrong with the way Israel treats the Palestinians that it is overwhelming, and only a fraction of Israel’s transgressions are reported to the world. For Palestinians, comments and statistics that would have shocked them weeks, months, or years ago don’t even make them pause now. Reading the newspaper and watching the news has merely become a game to see how much worse things can get, because every time Palestinians think they have seen the worst, the next day they will be proven wrong again. Israel’s audacity truly knows no bounds.
Date: 26/01/2009
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Bibi Is Back (Unfortunately)
Back in October, a month that seems oh so long ago, I wrote in an editorial, “If Labor does not lose as much ground as it is projected to [in the upcoming Israeli elections], and if [Foreign Minister Tzipi] Livni… is able to convince the Israeli public to elect her party [Kadima], they might just be able to shift the dynamics enough to give the likes of Shas and UTJ [ultra right-wing parties] less power to demand … concessions from the major parties.” I truly believed back then that Kadima, a centrist party, could swing the elections their way; that Labor (a left of center party) could regain some of its footing; and that the Israeli public could withstand the inclination to lean to the right. Basically, I clung to any possibility that would prevent Benjamin Netanyahu (Bibi) and his right-wing Likud party from winning the Israeli elections on February 10. Alas, I'm now sadly amused at how naïve I was. Of course, this was all before the shaky truce between Israel and Hamas became defunct, and before Israel launched its missiles, phosphorus shells, and God knows what else at Gaza. Palestinian unity talks were still on the table back then too and Palestinian President Mahmoud Abbas was in a more authoritative position than he is today. Leave it to Israel to hugely alter that reality. As the war on Gaza raged, Israeli military and government spokespeople would rarely bring up the topic of the impending Israeli elections in February. But anybody with a little bit of insight into Israeli politics would have realized that Operation Cast Lead, seen as the brainchild of Prime Minister Ehud Olmert, Foreign Minister Tzipi Livni and Defense Minister Ehud Barak, was also conveniently aimed at helping their parties, Kadima and Labor, to win more seats in those upcoming elections. Kadima and Labor, perceived as too weak and too ‘dove-ish’ by the Israeli public, had to show they could be tough on Hamas and the Palestinians. In the words of one Prussian general, Carl von Clausewitz, "War is but a continuation of an election campaign by other means." When I wrote my first piece on this topic, Kadima and Likud were neck and neck in the polls, though there were hints that Kadima might edge forward. The same polls also showed that Labor was likely to lose seats. It would seem that today, the ‘let’s destroy Hamas and make ourselves look tougher’ plan has backfired. Operation Cast Lead has not instilled the Israeli public with confidence in Kadima or Labor. The most recent survey puts Likud ahead of Kadima by eight seats. Labor, however, has regained some footing, and might not lose the seats it had feared for. Nevertheless, on the prime ministerial front, the survey showed that 29 percent of Israelis still favor Benjamin Netanyahu as their next Prime Minister. Only 16 percent preferred Livni, while a mere nine percent said they would support Barak. Ironically, the poll also indicated that Netanyahu was also the top choice for the role of Finance Minister. Clearly your average Israeli’s memory does not extend as far back as 1997 and 2000, when Netanyahu and his wife were investigated for corruption on more than one occasion. They were investigated for allegations that they had illegally kept 700 state gifts amassed while he was in office and said to be worth $100,000. Netanyahu was also investigated for misusing state funds after he received more than $100,000 worth of services from a private building contractor who did the work for free in anticipation of political favors (but upon receiving nothing, later tried to bill the state). And of course, there were the accusations that Netanyahu made a deal with right-wing Shas party ministers, asking for their support on a deal in exchange for Netanyahu arranging a plea bargain for their leader, Ariye Deri, who was at the time on trial for corruption. No… Despite all these allegations of corruption, Netanyahu is likely to become the next Prime Minister of Israel, and Likud is likely to become the largest political party in the Israeli Knesset. To make matters worse, Likud’s primaries, held in early December, catapulted several ultra right-wing hawks into the top 30 places on the party's line up of candidates for the elections. The top five candidates, MK Gideon Sa'ar, MK Gilad Erdan, and former MKs Reuven Rivlin, Moshe Kachlon, and Benny Begin, have won the unequivocal endorsement of infamous Israeli politician Moshe Feiglin. If you don’t understand how worrying that is, consider that Moshe Feiglin’s idea of a utopia would be a 'purely Jewish' state of Israel. Yes, these are the most likely contenders for the role of Palestine’s partners for peace. In short, any future peace talks may be in deep trouble. And why did the Cast Lead plan backfire? Because Netanyahu and his Likud party were in a win-win situation all along. Netanyahu openly and loudly gave it his full support. If it was a success, Netanyahu could ride on the coattails of its victory. If it failed, he could blame it on Olmert, Barak and Livni - it was their idea after all. Uri Avnery, an Israeli peace activist, recently wrote, “Every war helps the Right. War, by its very nature, arouses in the population the most primitive emotions – hate and fear, fear and hate. These are the emotions on which the Right has been riding for centuries.” Still, at least if Netanyahu wins, we Palestinians will know who we’re dealing with and what to expect. Netanyahu is about as extremist as they come in Israeli politics, though perhaps not as extremist as the notorious Arab hater Avigdor Lieberman. The wife of assassinated Israeli PM Yitzhak Rabin confessed she held Netanyahu responsible for creating the hostile climate that encouraged a right-wing extremist to assassinate her husband. This accusation came after a photograph was taken of Netanyahu leading a mass demonstration in which people carried a coffin adorned with the sign, ‘Yitzhak Rabin – murderer of Zionism’. At least with Netanyahu, he shows his stripes openly. Barak and Livni, on the other hand, talk about peace and war in the same breath. Livni has spoken about the two-state solution with the Palestinians, yet has turned around and discussed with Israeli school students the prospect that Palestinian-Israelis will be expected to move to that future Palestinian state. All the same, even if we think we understand him, deep down all Palestinians fear Netanyahu’s probable takeover in February. Netanyahu is one of those who believe that God gave Israel the West Bank and Gaza Strip. He constantly talks of Palestinian economic growth rather than the transition to an independent Palestinian state. And I suspect that Barack Obama might find it more difficult to deal with Netanyahu as opposed to Olmert or Livni. There may come a day not long after February 10 when we all realize that Olmert was perhaps the lesser of two evils.
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