by Stephen Lendman | Global Research, May 17, 2009
After two years of “underground” work, it was launched with a “successful press conference” and announcement that:
“The Russell Tribunal on Palestine seeks to reaffirm the primacy of international law as the (way to settle) the Israeli-Palestinian conflict.” Its work will focus on “the enunciation of law by authoritative bodies. The International Court of Justice (ICJ), in its opinion on the (Separation Wall in Occupied Palestine, addressed relevant) “International Humanitarian Law and International Human Rights Law, as well as dozens of international resolutions concerning Palestine.”
This Tribunal will “address the failure of application of law even though it has been so clearly identified.” It begins where the ICJ “stopped: highlighting the responsibilities arising from the enunciation of law, including those of the international community, which cannot continue to shirk its obligations.”
The Russell Tribunal is part of the larger BRussell Tribunal, named after noted philosopher, mathematician, and anti-war/anti-imperialism activist Bertrand Russell (1972 – 1970). Established in 1967 to investigate Vietnam war crimes, it’s a hearing committee, most recently on the Iraq war and Bush administration imperialism. Its work continues as “the only game in town for the anti-war movement in America, Britain and Europe” – to unite non-violently for peace on various world’s hot spots, now for Occupied Palestine to expose decades of injustice against a defenseless civilian population.
National committees will be formed globally, including expert ones composed of jurists, lawyers, human rights and international law experts, weapons experts, and others “to work on the evidence against Israel and third parties” to be presented in Tribunal sessions. Two are planned, “the earliest….by the end of this year.”
Frank Barat of the Organizing Committee urges activists to spread the news and offer support for this vital project. After Israel’s unconscionable Gaza attack, it’s never been more vulnerable given mass world public outrage. It’s long past time to hold Israel accountable for its decades of crimes of war and against humanity, flaunting international humanitarian law, waging aggressive wars, continuing an illegal occupation, expropriating Palestinian land, and committing slow-motion genocide, so far with impunity. No longer can this be tolerated. The Russell Tribunal on Palestine is dedicated toward that end.
The Tribunal’s Declaration on Iraq applies to Palestine. Substituting Israel for America and Palestine for Iraq, it reads as follows:
“The (Israeli) occupation of (Palestine) is illegal and cannot be made legal. All that has derived from (it) is illegal and illegitimate and cannot gain legitimacy. The facts are incontrovertible. What are the consequences?”
“Peace, stability and democracy in (Palestine) are impossible under occupation. Foreign occupation is opposed by nature to the interests of the occupied people, as proven” by:
— the forced diaspora;
— many others internally displaced or in refugee camps for decades;
— harsh military subjugation;
— a regimented matrix of control;
— the genocidal Gaza siege;
— state-sponsored mass incarceration, violence, and torture;
— the flaunting of international law and dozens of UN resolutions;
— targeted assassinations;
— the many tens of thousands of Palestinians killed, injured, or otherwise grievously harmed;
— massive land theft and home demolitions;
— the lack of judicial redress;
— denying all rights to non-Jews; and
— a decades-long reign of terror against defenseless Palestinian civilians.
Western propaganda tries to justify the unjustifiable, vilify ordinary people, call the legitimate government “terrorist,” rationalize savage attacks as self-defense, reject the rights of the occupied, and deny their self-determination.
“In (Palestine, people) resist the occupation by all means (including armed struggle), in accordance with international law. “The Commission on Human Rights has routinely reaffirmed” it. So have numerous General Assembly resolutions. The March 1987 Geneva Declaration on Terrorism states:
“Terrorism originates from the statist system of structural violence and domination that denies the right of self-determination to peoples….that inflicts a gross and consistent pattern of violations of fundamental human rights….or that perpetuates military aggression and overt or covert intervention directed against the territorial integrity or political independence of other states,” such as Palestine.
The UN General Assembly has “repeatedly recognized” the rights of “peoples who are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination (to) have the right to use force to accomplish their objectives within the framework of international humanitarian law.”
It also recognizes the legitimacy of self-determination seeking national liberation movements and their right to strive for and receive appropriate support for their struggle. Further, under the UN Charter’s Article 51, “individual or collective self-defense (shall not be “impair(ed) to respond against) an armed attack.”
In other words, armed force is a legitimate form of self-defense as distinguished from “acts of international terrorism,” especially by one state against another or any group, organization, or individual. Israel refuses to accept this. It continues an illegal occupation, calls armed resistance “terrorism,” and imposes its will oppressively and illegally.
World leaders “continue to justify the negation of popular sovereignty under the rubric of (fighting terrorism), criminalizing not only resistance but also humanitarian assistance to a besieged (and beleaguered) people. Under international law, (Palestinian freedom-fighters) constitute a national liberation movement. Recognition of (them) is consequently a right, (an obligation, and) not an option.” World leaders have a duty to hold Israel accountable under the law and no longer support its crimes.
Palestine “cannot recover lasting stability, unity and territorial integrity until its sovereignty is (recognized, affirmed,) guaranteed,” and enforced by the world international community.
“If (world leaders) and (Israel want) peace, stability and democracy in (Palestine), they should accept that only the (Palestinian) resistance – armed, civil and political – can achieve these by securing the interests of (their) people. (Their) first demand….is the unconditional withdrawal of (Israeli forces) illegally occupying” their land.
Palestinians are the only legitimate force to secure their own security and rights under international law. “All laws, contracts (and other occupation-related) agreements….are unequivocally null and void. According to international law and the will of the (Palestinian) people, total sovereignty” over Palestine, its resources, culture, and all else (past, present, and future) rests in (their own) hands.
Further, international law demands that full “compensation….be paid” to compensate for what Israel plundered and destroyed. Palestinians want self-determination and “long-term peace” and security. They have every right to expect it. “We appeal to all peace loving people in the world to work to support” their struggle. Regional “peace, democracy, progress” and justice depend on it. The Russell Tribunal on Palestine is committed to work toward this end. Nothing short of it is acceptable.
Stephen Lendman is a Research Associate of the Centre for Research on Globalization. He lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.
Peace and Justice Post 
Israel Secret Prisons: How many secret prisons does Israel have?
May 21, 2009UN torture watchdog demands access
By Jonathan Cook | ZNet, May 19, 2009
Nazareth — The United Nation’s watchdog on torture has criticised Israel for refusing to allow inspections at a secret prison, dubbed by critics as “Israel’s Guantanamo Bay”, and demanded to know if more such clandestine detention camps are operating.
In a report published on Friday, the Committee Against Torture requested that Israel identify the location of the camp, officially referred to as “Facility 1391”, and allow access to the International Committee of the Red Cross.
Findings from Israeli human rights groups show that the prison has in the past been used to hold Arab and Muslim prisoners, including Palestinians, and that routine torture and physical abuse were carried out by interrogators.
The UN committee’s panel of 10 independent experts also found credible the submissions from Israeli groups that Palestinian detainees are systematically tortured despite the banning of such practices by the Israeli Supreme Court in 1999.
The existence of Facility 1391 came to light in 2002, when Palestinians were detained there for the first time during Israel’s reinvasion of the West Bank.
In a submission to the UN committee, Israel denied that any prisoners are currently being held at the site, although it admits that several Lebanese were detained there during the attack on Lebanon in 2006.
The committee expressed concern about an Israeli Supreme Court ruling in 2005 that found it “reasonable” for the state not to investigate suspicions of torture at the prison. The panel is believed to be concerned that without inspections the prison might still be in use or could be revived at short notice.
The Israeli court, the committee wrote, “should ensure that all allegations of torture and ill-treatment by detainees in Facility 1391 be impartially investigated [and] the results made public”.
Hamoked, an Israeli human rights organisation, first identified the prison after two Palestinian cousins seized in Nablus in 2002 could not be traced by their families. Israeli officials eventually admitted that the pair were being held at a secret site.
Israel still refuses to identify the precise location of the prison, which is inside Israel and about 100km north of Jerusalem. A few buildings are visible, but most of the prison is built underground.
“We only learnt about the prison because the army made the mistake of putting Palestinians there when they ran out of room in Israel’s main prisons,” said Dalia Kerstein, the director of Hamoked.
“The real purpose of the camp is to interrogate prisoners from the Arab and Muslim world, who would be difficult to trace because their families are unlikely to contact Israeli organisations for help.”
Ms Kerstein said the prison site was an even grosser violation of international law than Guantanamo Bay because it had never been inspected and no one knew what took place there.
According to the testimonies of the Palestinian cousins, Mohammed and Bashar Jadallah, they were held in isolation cells measuring two metres square, with black walls, no windows and a light bulb on 24 hours a day. On the rare occasions they were escorted outside, they had to wear blacked-out goggles.
When Bashar Jadallah, 50, asked where he was, he was told he was “on the moon”.
According to the testimony of Mohammed Jadallah, 23, he was repeatedly beaten, his shackles tightened, he was tied in painful positions to a chair, he was not allowed to go to the toilet and he was prevented from sleeping, with water thrown on him if he nodded off. Interrogators are also reported to have shown him pictures of family members and threatened to harm them.
Although Palestinians passing through the prison were interrogated by the domestic secret police, the Shin Bet, foreign nationals at the prison fall under the responsibility of a special wing of military intelligence known as Unit 504, whose interrogation methods are believed to be much harsher.
Shortly after the prison came to light, a former inmate – Mustafa Dirani, a leader of the Lebanese Shia group Amal – launched a court case in Israel claiming he had been raped by a guard.
Mr Dirani, seized from Lebanon in 1994, was held in Facility 1391 for eight years along with a Hizbollah leader, Sheikh Abdel Karim Obeid. Israel hoped to extract information from the pair in its search for a missing airman, Ron Arad, downed over Lebanon in 1986.
Mr Dirani alleged in court that he had been physically abused by a senior army interrogator known as “Major George”, including an incident when he was sodomised with a baton.
The case was dropped in early 2004 when Mr Dirani was released in a prisoner exchange.
Ms Kerstein said there was no proof that more prisons existed in Israel like Facility 1391, but some of the testimonies collected from former inmates suggested that they had been held at different secret locations.
She said the concern was that Israel might have been one of the countries that received “extraordinary rendition” flights, in which prisoners captured by the United States were smuggled to other countries for torture.
“If a democracy allows one of these prisons, who is to say that there are not more?” she said.
The committee examined other suspicions of torture involving Israel. It expressed particular concern about Israel’s failure to investigate more than 600 complaints made by detainees against the Shin Bet since the panel’s last hearings, in 2001.
It also highlighted the pressure put on Gazans who needed to enter Israel for medical treatment to turn informer.
Ishai Menuchin, executive director of Israel’s Public Committee against Torture, said his group had sent several submissions to the committee showing that torture was systematically used against detainees.
“After the court decision in 1999, interrogators simply learnt to be more creative in their techniques,” he said.
He added that, since Israel’s redefinition of Gaza as an “enemy state”, some Palestinians seized there were being held as “illegal combatants” rather than “security detainees”.
“In those circumstances, they might qualify for incarceration in secret prisons like Facility 1391.”
Jonathan Cook is a writer and journalist based in Nazareth, Israel. His latest books are “Israel and the Clash of Civilisations: Iraq, Iran and the Plan to Remake the Middle East” (Pluto Press) and “Disappearing Palestine: Israel’s Experiments in Human Despair” (Zed Books). His website is www.jkcook.net.
A version of this article originally appeared in The National (www.thenational.ae), published in Abu Dhabi.
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