Popular Committee Against Siege (PCAS)
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Gaza Strip, 11, December, 2008-PCAS- Chairman of Popular Committee Against Siege, Independent Mp Jamal El Khoudary, called on bringing Israeli leaders for courts in accountancy for their human rights violation and the siege on Gaza strip. El Khoudary welcomed the report issued by United Nation’s expert in human rights, Richard Falk in regard of human rights conditions in Gaza. The report criticized the Israeli policies against Palestinians considering them as equal to war crimes against humanity. He also welcomed Richard’s call to implement the humanitarian laws and charters in Palestine to protect the civilians being exposed to a policy of collective punishment equals war crimes. PCAS Chairman touched upon the need of implementing the call of Mr. Falk on the ground saying, ” the situation in the Gaza strip is direful and there has to be a quick and prompt implementation of all humanitarian laws as Mr. falk requested.” The statement of Mr. Falk is the following: 9 December 2008 The Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, Richard Falk, issued the following statement: GENEVA — In recent days the desperate plight of the civilian population of Gaza has been acknowledged by such respected international figures as the Secretary General of the United Nations, the President of the General Assembly, and the UN High Commissioner for Human Rights. Last week, Karen AbyZayd, who heads the UN relief effort in Gaza , offered first-hand confirmation of the desperate urgency and unacceptable conditions facing the civilian population of Gaza . Although many leaders have commented on the cruelty and unlawfulness of the Gaza blockade imposed by Israel , such a flurry of denunciations by normally cautious UN officials has not occurred on a global level since the heyday of South African apartheid. And still Israel maintains its Gaza siege in its full fury, allowing only barely enough food and fuel to enter to stave off mass famine and disease. Such a policy of collective punishment, initiated by Israel to punish Gazans for political developments within the Gaza strip, constitutes a continuing flagrant and massive violation of international humanitarian law as laid down in Article 33 of the Fourth Geneva Convention. It is long past the time when talk suffices. As AbuZayd has written, “the chasm between word and deed” with respect to upholding human rights in occupied Palestine creates a situation where “radicalism and extremism easily take root.” The UN is obligated to respond under these conditions. Some governments of the world are complicit by continuing their support politically and economically for Israel ‘s punitive approach. Protective action must be taken immediately to offset the persisting and wide-ranging violations of the fundamental human right to life, and in view of the emergency situation that is producing a humanitarian catastrophe that is unfolding day by day. However difficult politically, it is time to act. At the very least, an urgent effort should be made at the United Nations to implement the agreed norm of a ‘responsibility to protect’ a civilian population being collectively punished by policies that amount to a Crime Against Humanity. In a similar vein, it would seem mandatory for the International Criminal Court to investigate the situation, and determine whether the Israeli civilian leaders and military commanders responsible for the Gaza siege should be indicted and prosecuted for violations of international criminal law. As AbuZayd has declared, “This is a humanitarian crisis deliberately imposed by political actors.” It should be noted that the situation worsened in recent days due to the breakdown of a truce between Hamas and Israel that had been observed for several months by both sides. The truce was maintained by Hamas despite the failure of Israel to fulfill its obligation under the agreement to improve the living conditions of the people of Gaza . The recent upsurge of violence occurred after an Israeli incursion that killed several alleged Palestinian militants within Gaza . It is a criminal violation of international law for elements of Hamas or anyone else to fire rockets at Israeli towns regardless of provocation, but such Palestinian behavior does not legalize Israel’s imposition of a collective punishment of a life- and health-threatening character on the people of Gaza, and should not distract the UN or international society from discharging their fundamental moral and legal duty to render protection to the Palestinian people. ENDS For further information on the Occupied Palestinian Territories , and work and mandate of the Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967, visit the following website: http://www.ohchr. org/EN/countries /MENARegion/ Pages/PSIndex. aspx |
Peace and Justice Post 
Torture As Official Israeli Policy
August 30, 2008Stephen Lendman | ZNet, August 30, 2008
Stephen Lendman’s ZSpace Page
The UN Convention against Torture defines the practice as:
“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain and suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity….”
The US and Israel are the only two modern states that legally sanction torture. An earlier article covered America. This one deals with the Jewish state, but let there be no doubt:
Although its language in part is vague, contradictory and protects abusive practices, Section 277 of Israel’s 1977 Penal Law prohibits torture by providing criminal sanctions against its use. It specifically states in language similar to the UN Convention against Torture:
“A public servant who does one of the following is liable to imprisonment for three years: (1) uses or directs the use of force or violence against a person for the purpose of extorting from him or from anyone in whom he is interested a confession of an offense or information relating to an offense; (2) threatens any person, or directs any person to be threatened, with injury to his person or property or to the person or property of anyone in whom he is interested for the purpose of extorting from him a confession of an offense or any information relating to an offense.” However, Israel clearly discriminates against Palestinians, (including Israeli Arab citizens), denies them rights afforded only to Jews, and gets legal cover for it by its courts. More on that below.
Nonetheless, the Jewish state is a signatory to the 1984 UN Convention against Torture and other international laws banning the practice. It’s thus accountable for any violations under them to all its citizens and persons it controls in the Occupied Territories.
US statutes leave no ambiguity on torture. Neither do international laws like The (1949) Third Geneva Convention’s Article 13 (on the Treatment of Prisoners of War). It states:
They “must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited….(these persons) must at all times be protected, particularly against acts of violence or intimidation….”
Third Geneva’s Article 17 states:
“No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war” for any reasons whatsoever.
Third Geneva’s Article 87 states:
“Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
The (1949) Fourth Geneva Convention’s Article 27 (on the treatment of Civilian Persons in Time of War) states:
Protected persons “shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof….”
Fourth Geneva’s Articles 31 and 32 state:
“No physical or moral coercion shall be exercised against protected persons.”
“This prohibition applies to….torture (and) to any other measures of brutality whether applied by civilian or military agents.”
Fourth Geneva’s Article 147 calls “willful killing, torture or inhuman treatment….grave breaches” under the Convention and are considered “war crimes.”
All four Geneva Conventions have a Common Article Three requiring all non-combatants, including “members of armed forces who laid down their arms,” to be treated humanely at all times.
The (1966) International Covenant on Civil and Political Rights Article 7 states:
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Its Article 10 states:
” All persons deprived of their liberty shall be treated with humanity….”
The (1984) UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is explicit in all its provisions. It prohibits torture and degrading treatment of all kinds against anyone for any purpose without exception.
Various other international laws affirm the same thing, including the UN Charter with respect to human rights, 1945 Nuremberg Charter on crimes of war and against humanity, the (1948) Universal Declaration of Human Rights, the (1988) UN Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment, the UN (1955) Standard Minimum Rules for the Treatment of Prisoners, and (1990) UN Convention on the Rights of the Child. So does Article 5 of the International Criminal Court’s (ICC) Rome Statute with regard to crimes of war and against humanity. Torture is such a crime – the gravest of all after genocide.
Continued . . .
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Tags:Geneva Conventions, ill treatment of prisoners, International Criminal Court, Israel, Israel's High Court of Justice, Israeli military, Israeli torture, minors, Moshe Dayan, Occupied Palestinian Territories, Ophir Paz-Pines, Palestinians, UN Convention against Torture, UN High Commissioner for Human Rights, United States and Israel, Universal Declaration of Human Rights, violations of international law, violence and threats
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