Four Palestinian institutions that work on prisoners’ rights, the Addameer Prisoner Support and Human Rights Association, Al-Mezan Center for Human Rights, Palestinian Prisoners’ Society, and the Prisoners’ Affairs Commission, issued the below report on the arrests of 483 Palestinians by Israeli occupation forces in October 2017. English translation by Samidoun Palestinian Prisoner Solidarity Network.
International law provides special protections to civilian populations under occupation. One aspect of such protection includes safeguards against arbitrary detention and other measures aimed at preserving and maintaining the human dignity of people inside and outside detention centers.
In violation of its most basic obligations under international humanitarian law and international human rights law, Israeli occupation forces continued their policy of arbitrary detention of hundreds of civilians from the occupied Palestinian territory in October 2017.
Arbitrary arrests and detention are serious phenomena that continue to be carried out by occupation authorities in various Palestinian governorates and affect all sectors of society, especially children and women.
Part 1: Statistics of arrests
(Note: the figures in this report are based on the monitoring and documentation by the institutions involved in its preparation.)
In October 2017, Israeli occupation forces arrested 483 Palestinians from the occupied Palestinian territories (OPT), including 125 children, eight women and four journalists.
According to the monitoring and documentation conducted by the four Palestinian institutions, the Israeli occupation authorities arrested 137 Palestinians from Jerusalem governorate, 80 from al-Khalil, 82 from Jenin, 52 from Ramallah and El-Bireh, 32 from Bethlehem, 28 from Qalqilya, 20 from Nablus, 15 from Tubas, 15 from Tulkarem, eight from Jericho, seven from Salfit and seven from the Gaza Strip.
In the context of the policy of administrative detention – imprisonment without charge or trial – the occupation authorities issued 86 administrative detention orders, including 35 new orders. Thus, the total number of Palestinian political prisoners in Israeli jails reached 6300, including 59 women, among them 11 minor girls. There are approximately 250 Palestinian children in Israeli jails and 450 Palestinians held without charge or trial under administrative detention.
Part 2: Detention of Children
The Israeli occupation courts in Jerusalem continue to issue sentences of house arrest againt Jerusalemite children, which deprives these children of their right to education. A child who has been sentenced to house imprisonment is forbidden from leaving the home, except for approved medical visits with their guardian and after informing the authorities. This forces parents to become jailers of their children, causing them deep pain.
Even more, the Israeli courts do not hesitate to issue sentences of imprisonment for children under 15 in the “sheltering center,” where eight Palestinian children are currently held. (Shadi Farrah, Adam Mohammed Sub Laban, Burhan Mohammed Abu Shaker, Ahmed al-Zaatari, Ali Ehab Alqam, Mohammed Ayman Abdel-Razaq, Yazan Mohammed al-Husseini and Mahmoud Naim Ashayer.)
Isolated Childhood
The mother of the child Shadi Farrah, 14, from Kufr Aqab in Jerusalem, said that he has been held in what the authorities call a “sheltering center” since his abdution by occupation forces along with fellow child prisoner Ahmad al-Zaatari about two years ago as they returned from school. The Israeli court later claimed that they were found to have a knife when searched. The occupation court held over 20 sessions in the trial of her son and he was considered the youngest prisoner in Israeli prisons.
She added that her son suffers from very difficult and complex psychological conditions in prison at his young age and needs psychological and moral support in particular as he is held in a “reform” institution accompanied by “criminal” prisoners.
Part 3: Arrests and allegations of “incitement” on Facebook
The phenomenon of the arrest of Palestinians for posting on Facebook under the pretet of “incitement” constitutes a new, punitive policy of the occupation authorities to bring as many children and young people as possible in prisons. Since the beginning of 2017, 220 Palestinians have been arrested and imprisoned on charges of publication of articles and opinions on Facebook and social media pages.
The Israeli military courts in the West Bank base these charges of “incitement” on Article 85 (1)(f) and (g) of the Defense (Emergency) Regulations of 1945, which forbids the authorship or possession of any illegal book, account, journal, publication or advertisement.
In the event that Palestinians from Jerusalem are convicted of incitement, the occupation bases its charges on Article 144, section (d)(2) of the Penal Code of 1977, where paragraph (a) stipulates that:
Publishing publications for the commission of an act of violence or terrorism, or in sympathy or encouragement for acts of violence or terrorism, or displaying support for such acts, and in accordance with the contents and circumstances of the publication, being that there is a real possibility that this publication would lead to acts of violence or terrorism, can result in imprisonment for 5 years.
During October 2017, the prisoner Abdel-Salam Jihad al-Masri, 23, from the village of Aqaba near Tubas, was transferred to administrative detention for four months after serving a sentence of three months imprisonment. Al-Masri was seized by Israeli forces on 1 August 2017 and accused of incitement for posting on his Facebook page. He was sentenced to 3 months imprisonment and a fine of 2,000 NIS ($500 USD) for incitement. On 17 October 2017, he was taken once more to the Israeli military court, sent back to prison and told that he was transferred to administrative detention for four more months, on the grounds that he is a threat to the security of the occupation state, ostensibly because of his writings on Facebook.
The occupation authorities claim that the imprisonment of activists on the basis of writing on social media is the only means to prevent a danger to the security of the occupation, but it seems to have become a clear means by the occupation of silencing voices and violating the right of expression, and to create new policies to serve as a tool of arrests and repression in order to deny Palestinian freedom of expression. Facebook is an electronic space that does not reflect factual acts. It is a space where writers express themselves poetically and emotionally. It is not acceptable for this to be used as an excuse to restrict freedom of expression or muzzle Palestinian voices. It is not an acceptable or reasonable conclusion for occupation courts to interpret Facebook posts as actual acts rather than writing on screens; it is a wrongful and unfair comparison.
Section 4: Legal Analysis
This report presents the legal protections under international humanitarian and human rights law to detainees, related to the types of Israeli violations during the reporting period and the legal rules that prohibit such violations, as follows:
1 – The arbitrary detention of Palestinian citizens violates the legal guarantees related to the prohibition of arbitrary detention in international human rights law, including article 9 of the 1948 Universal Declaration of Human Rights and articles 9 and 10 of the International Covenant on Civil and Political Rights (1976).
2 – The policy of administrative detention by the occupation state, in which detention is carried out on the basis of secret evidence and without any charge against the detainee, constitutes a direct violation of fair trial guarantees under the following legal principles:
a) It is contrary to Article 11 (1) of the 1948 Universal Declaration of Human Rights, which states that: “Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.”
b) It constitutes a grave violation of articles 9 and 14 of the International Covenant on Civil and Political Rights of 1976, which guarantees everyone the right to a fair trial, to be informed of the charges against them and to be able to defend themselves. (Note: The Occupying Power acceded to the ICCPR in October 1991, and shall be bound by it.)
c) The failure to disclose any charges against the person detained under the administrative detention order precludes every possibility of verifying the compliance of the occupying state with Article 78 of the Fourth Geneva Convention of 1949, which states that “If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment.” It is impossible to verify whether this detention is permitted without knowing what the reasons have been and are.
d) Failure to inform the detained person of the charges against them constitutes a violation of Article 71 of the Fourth Geneva Convention of 1949, which obliges the occupying power to report charges without delay. They also constitute a violation of article 10 of the Body of Principles for the Protection of All Persons in Any Form of Detention or Imprisonment of 1988, which requires the same.
3. The use of home imprisonment against children deprives them of going to school, which is harmful to their right to education, guaranteed under article 13 of the International Covenant on Economic, Social of Cultural Rights of 1976. Denial of that right violates article 28 of the Convention on the Rights of the Child of 1990.
4. The arrest of Palestinians for posting on social media is a violation of their freedom of expression under Article 19 of the International Covenant on Civil and Politicl Rights and the Universal Declaration of Human Rights.
Conclusions:
This report sustains a number of findings, through our analysis of the practices of occupation authorities and the reality of Palestinian detainees in Israeli prisons, as follows:
1) The occupying forces are continuing their gross and systematic violations of international humanitarian and human rights law.
2) These Israeli violations have resulted in severe suffering for Palestinian detainees in Israeli prisons.
3) The silence of the international community has encouraged the occupying power to increase their violations against Palestinian detainees.
4) The High Contracting Parties to the Geneva Conventions have failed to fulfill their duties and have in fact encouraged the occupation authorities to escalate their violations.
Recommendations:
At the conclusion of the report, this series of recommendations is based on the above-mentioned facts and the systematic and gross violations of international humanitarian and human rights law by the occupying power, as follows:
Recommendations at the international level:
1) Formation of a fact-finding committee by the UN Human Rights Council on Israeli violations against detainees.
2) Activate the mechanisms of accountability by the international community towards the perpetrators of violations in fulfillment of its legal and ethical obligations.
3) The High Contracting Parties to the Geneva Conventions must uphold their responsibilities and pressure the occupying power to respect international humanitarian law.
4) International contracting committees of the Conventions must activate their role to pressure the occupying state to respect the standards for prisoners’ rights.
Recommendations at the local level:
1) Activating local solidarity campaigns with Palestinian prisoners.
2) Media support for detainees through intensified media campaigns.
Israeli forces raided a kindergarten and primary school in occupied East Jerusalem Monday, terrifying children who witnessed the assault and prompting outrage among Palestinians.
Police officers barged into Zahwa al-Quds kindergarten and primary school in the neighborhood of Beit Hanina, arresting the school’s deputy principal and three teachers for refusing to teach the Israeli curriculum.
“Israel is attempting to force our school to adopt the Israeli education curriculum,” Ziad al-Shamali, head of the school’s parent committee, told Al Jazeera Tuesday. “We are refusing this, so they decided to raid our school and scare our children.
“They don’t want anything Palestinian left. They want all of our schools to be for Israelis, so they will keep making it difficult for our children to learn. These raids make the children scared to go to school.”
One teacher, Ola Nini, said the Israeli officers searched every classroom, demanding teachers’ IDs which they then photocopied. They also deleted surveillance footage of the raid after forcing their way into the principal’s office to confiscate school papers.
Rachel Greenspan, a spokesman for the local government, has since denied the raid ever took place.
Nini also said authorities had conducted a previous raid in September, just months after the school’s Israeli permit was taken away. The move forced the school to seek a Palestinian permit from the al-Waqf Islamic Trust instead.
Tahseen Elayyan, from Palestinian human-rights NGO al-Haq, said Israel wants “to suppress the Palestinian narrative, especially since the curriculum does not mention the atrocities committed against Palestinians in 1948 and other historical facts that are linked to Palestinian history on this land.”
On Wednesday, a judge in Guantanamo Bay, Cuba, sentenced a US Marine in charge of a military court’s legal representation to three weeks of confinement and ordered him to pay $1,000 for failure to follow orders concerning a case that involved the bombing of the USS Cole in 2000.
Brig. Gen. John Baker, 50, chief defense counsel for military commissions, received the sentence from US Air Force Judge Col. Vance Spath.
Spath said Baker failed to follow orders when he excused three Defense Department-paid attorneys — Rosia Eliades, Mary Spears, and Rick Kammen — from a military court case involving the USS Cole, something he did not have the authority to do, the Miami Herald reported. Spath said the decision to excuse them had been declared “null and void.”
The attorneys sought to leave the case on the basis that they should be able to represent and defend clients without government surveillance — the Daily Beast reports that the attorneys believed the government was listening in on what should be privileged communications. Baker, supported their exit, and in standing up for this principle, was found in contempt of the court — a court, he argued, that had no proper jurisdiction over his actions in the first place.
The ruling was the first time the military tribunal in Cuba issued a ruling since 2008.
Appearing in the war court Wednesday, Baker argued that the court was set up to prosecute foreign terrorists and lacked jurisdiction to punish him since he was a US citizen. Baker was apparently denied the ability to defend himself after he made this assertion and was ordered to sit down.
“There are things I want to say, and you are not allowing me to say them,” Baker told the judge, according to the Herald. “This is not a pleasant decision,” the judge replied, adding that the legal proceedings were neither “fun” nor “lighthearted.” Without the judge’s ruling, though, he said there would be “havoc” in the justice system.
The particular case concerns Abd al-Rahim al-Nashiri, a 52-year-old Saudi Arabian national who has been detained at Guantanamo for the past 11 years, two months. In 2008, CIA Dir. Michael Hayden confirmed al-Nashiri was among the al-Qaeda operatives the agency tortured.
Speaking at Georgetown University’s 2016 NATSECDEF conference, Baker said that “put simply, the military commissions in their current state are a farce or as Rick Kammen — lead counsel for Mr. al-Nashiri — stated on the record last week, these commissions are ‘hopelessly flawed.'”
“Anyone who cares for someone with a developmental disability, as well as for disabled people themselves [lives] every day in fear that their behavior will be misconstrued as suspicious, intoxicated or hostile by law enforcement.”—Steve Silberman, The New York Times
Life in the American police state is an endless series of don’ts delivered at the end of a loaded gun: don’t talk back to police officers, don’t even think about defending yourself against a SWAT team raid (of which there are 80,000 every year), don’t run when a cop is nearby lest you be mistaken for a fleeing criminal, don’t carry a cane lest it be mistaken for a gun, don’t expect privacy in public, don’t let your kids walk to the playground alone, don’t engage in nonviolent protest near where a government official might pass, don’t try to grow vegetables in your front yard, don’t play music for tips in a metro station, don’t feed whales, and on and on.
Here’s another don’t to the add the growing list of things that could get you or a loved one tasered, shot or killed, especially if you are autistic, hearing impaired, mentally ill, elderly, suffer from dementia, disabled or have any other condition that might hinder your ability to understand, communicate or immediately comply with an order: don’t call the cops.
Sometimes it’s dangerous enough calling the cops when you’re not contending with a disability.
That’s according to a study by the Ruderman Family Foundation, which reports that “disabled individuals make up the majority of those killed in use-of-force cases that attract widespread attention. This is true both for cases deemed illegal or against policy and for those in which officers are ultimately fully exonerated… Many more disabled civilians experience non-lethal violence and abuse at the hands of law enforcement officers.”
Trained to shoot first and ask questions later, police pose a risk to anyone with special needs whose disabilities may not be immediately apparent or require more finesse than the typical freeze-or-I’ll-shoot tactics employed by America’s police forces.
For example, in South Carolina, police tasered an 86-year-old grandfather reportedly in the early stages of dementia, while he was jogging backwards away from them. Now this happened after Albert Chatfield led police on a car chase, running red lights and turning randomly. However, at the point that police chose to shock the old man with electric charges, he was out of the car, on his feet, and outnumbered by police officers much younger than him.
In Georgia, campus police shot and killed a 21-year-old student who was suffering a mental health crisis. Scout Schultz was shot through the heart by campus police when he approached four of them late one night while holding a pocketknife, shouting “Shoot me!” Although police may have feared for their lives, the blade was still in its closed position.
In Oklahoma, police shot and killed a 35-year-old deaf man seen holding a two-foot metal pipe on his front porch (he used the pipe to fend off stray dogs while walking). Despite the fact that witnesses warned police that Magdiel Sanchez couldn’t hear—and thus comply—with their shouted orders to drop the pipe and get on the ground, police shot the man when he was about 15 feet away from them.
In Ohio, police forcefully subdued a 37-year-old bipolar woman wearing only a nightgown in near-freezing temperatures who was neither armed, violent, intoxicated, nor suspected of criminal activity. After being slammed onto the sidewalk, handcuffed and left unconscious on the street, Tanisha Anderson died as a result of being restrained in a prone position.
These cases, and the hundreds—if not thousands—more that go undocumented every year speak to a crisis in policing when it comes to law enforcement’s failure to adequately assess, de-escalate and manage encounters with special needs or disabled individuals.
While the research is relatively scant, what has been happening is telling.
But there were also important distinctions, reports the Post.
“This group was more likely to wield a weapon less lethal than a firearm. Six had toy guns; 3 in 10 carried a blade, such as a knife or a machete — weapons that rarely prove deadly to police officers. According to data maintained by the FBI and other organizations, only three officers have been killed with an edged weapon in the past decade. Nearly a dozen of the mentally distraught people killed were military veterans, many of them suffering from post-traumatic stress disorder as a result of their service, according to police or family members. Another was a former California Highway Patrol officer who had been forced into retirement after enduring a severe beating during a traffic stop that left him suffering from depression and PTSD. And in 45 cases, police were called to help someone get medical treatment, or after the person had tried and failed to get treatment on his own.”
The U.S. Supreme Court, as might be expected, has thus far continued to immunize police against charges of wrongdoing when it comes to use of force against those with a mental illness.
“Although new recruits typically spend nearly 60 hours learning to handle a gun, according to a recent survey by the Police Executive Research Forum, they receive only eight hours of training to de-escalate tense situations and eight hours learning strategies for handling the mentally ill. Otherwise, police are taught to employ tactics that tend to be counterproductive in such encounters, experts said. For example, most officers are trained to seize control when dealing with an armed suspect, often through stern, shouted commands. But yelling and pointing guns is ‘like pouring gasoline on a fire when you do that with the mentally ill,’ said Ron Honberg, policy director with the National Alliance on Mental Illness.”
After Ethan Saylor’s death in Maryland, police recruits are now required to take a four-hour course in which they learn “de-escalation tactics” for dealing with disabled individuals: speak calmly, give space, be patient.
Third, with all the questionable funds flowing to police departments these days, why not use some of those funds to establish what one disability-rights activist describes as “a 911-type number dedicated to handling mental-health emergencies, with community crisis-response teams at the ready rather than police officers.”
In the end, while we need to make encounters with police officers safer for people with disabilities, what we really need is to make encounters with police safer for citizens across the board, no matter how they’re packaged.
As I point out in my book Battlefield America: The War on the American People, the problem is not that police officers are inherently bad—in fact, there are many good, caring officers in law enforcement—but when cops are trained to be military warriors instead of peace officers, we’re all viewed as potential threats.
“On October 13th, 2017, 16 children and 2 adults were ambushed and arrested by the Israeli soldiers from the Givati Brigade. The 18 arrested were initially detained in a cage in checkpoint 56, cable-tied, kicked, and hit. 2 were released, whilst the remaining 16 were transferred to an Israeli police station where they were subjected to further physical and psychological violence. All 16 were eventually released without charge, but not before threats were made to their families and the safety of their homes.”
The above is reported by Christian Peacemaker Teams, which maintains a team of international observers in the occupied West Bank…
The seizing of the children took place in the West Bank city of Hebron. The report goes on to describe arrests of minors as “a consistent reality of the occupation and tactic of the Israeli occupation forces,” and it also cites a report from a human rights organization showing that 130 children were arrested in August of 2017 alone.
One of those detained in the October 13 roundup was 12-year-old Abdullah Dwaik. That’s Abdullah in the brown sweater being led away in the photo above. You can also see him in the video below giving an account of what took place after he was taken into custody. Following the initial arrest, he and the others were transported to a military base where they were handcuffed and blindfolded.
I’m not sure exactly where Abdullah’s grandparents live–I’m not familiar with the place name–but Bab Al Zawyeh, the place he calls “home,” is a neighborhood in central Hebron.
I also do not know who the “Ofer the settler” Abdullah refers to (and who he says hit one of the boys) is, though possibly he’s the man profiled in the following video…
In any event, the Christian Peacemakers report goes on to make some additional crucial points:
Children should never be blindfolded, hooded or painfully restrained;
Children should never be subjected to violent, threatening or coercive conduct;
Children must be able to consult with a lawyer prior to interrogation;
Children should have a parent or guardian present prior to and during their interrogation;
Children should not be arrested at night;
Children should be properly informed of their right to silence;
All interrogations should be audio-visually recorded;
No child should be transferred out of the West Bank in violation of the Fourth Geneva Convention.
Israel has violated all of these principles.
And this is the country so loved by Dickinson, Texas that its officials deny hurricane relief assistance to people based upon whether or not they support a boycott of it.
Mayor and city council members of Dickinson, Texas
When it comes to the various stakeholders in the Israeli Palestinian conflict Israel has guaranteed American support in almost whatever it does. Other stakeholders, including the EU, have consistently criticised Israeli government policy but consistently failed to back it up with any action. That is, possibly, until now.
The Obama administration was castigated by the pro-Israel lobby for its supposed lack of support for Israel despite granting it a 10-year $38 billion military aid package, the likes of which no other state could dream to secure. In fact, over half the aid the US hands to other states goes to Israel.
Obama missed a trick on not making the aid package conditional upon any progress in the talks between the Israelis and Palestinians, or a halt to settlement construction, which the US sees as “illegitimate”. Neither Netanyahu’s brazen snub to Obama when he addressed the US Congress without coordination with the White House, nor the humiliation of American Vice President Biden – who while on a visit to Jerusalem in 2010 was met with an announcement that Israel planned to build 1,600 home for Jewish Israelis in units in the illegal settlement of Ramat Shlomo which is attached to Jerusalem – was enough to trigger such conditioning.
The US is a member of the Middle East Quartet now renamed the ‘Office of the Quartet,’ which brings the EU, Russia and the United Nations together. It describes its mandate as “to help mediate Middle East peace negotiations and to support Palestinian economic development and institution-building in preparation for eventual statehood”. The Quartet’s last key report was published in 2016. The report focussed on violence and incitement, Gaza and Palestinian governance and settlement expansion, land designations, and denial of Palestinian development.
In the area designated C under the Oslo Accords, Israel maintains full control over both security and planning. The denial of Palestinian development is enacted mostly through the denial of permits for building construction. The Quartet noted that “only one permit for Palestinian housing construction in Area C was reportedly approved in 2014, and there do not appear to have been any in 2015. In the five-year period from 2009 to 2013, only 34 building permits were approved for Palestinians in Area C, out of at least 2,000 submissions”.
The report further noted that there were over 11,000 demolition orders pending against Palestinian structures, three quarters of which are on private Palestinian land. The report acknowledged that “as Palestinians are consistently denied permits to build legally, they are left with few options but to build without permits”.
There was a significant increase in the number of Palestinian structures demolished across the West Bank in the first four months of 2016, with some 500 demolitions of Palestinian structures by the Israeli authorities and nearly 800 Palestinians displaced, more than what was carried out throughout the entire year of 2015. Although many of these were not dwellings, the loss of structures such as water wells, solar panels, and animal shelters has impacted the livelihoods of over 2,500 people in the first half of 2016. The trend continued in 2017 and to this day.
Israeli security forces gather around as a Palestinian home is being demolished in Jerusalem on 14 March 2017 [Mostafa Alkharouf/Anadolu Agency]
Israel makes no distinction between structures it considers to be illegal that are funded by Palestinians and those that are funded by non-Palestinians, those built without planning permission or those agreed upon in bilateral agreements with the Palestinians.
Gaza’s International Airport, which opened in 1998, was destroyed by Israel in 2001. It was built with funding from Japan, Egypt, Saudi Arabia, Spain, and Germany. To this day the airport remains in ruins and no sanctions were ever taken against Israel by either Germany or Spain.
In January of this year Israeli forces demolished some 15 structures in Khirbet, including homes and the only school in the small hamlet, which is located on the outskirts of the village of Beit Furik in the Jordan Valley in the north-eastern occupied West Bank.
In July the Dutch government lodged a protest with Israel over the confiscation of electricity equipment, which was said to be a hybrid power system of both diesel and solar power. The electrification project in the southern Bethlehem region was donated by the Dutch government and cost about 500,000 euros ($590,806), 350,000 euros ($413,564) of which went to Jubbet Al-Dhib, according to the report in the Israeli daily Haaretz. The Dutch Foreign Ministry requested Israel return the equipment and is “currently assessing what next steps can be taken,” the ministry’s statement to Haaretz said.
In August Israeli troops dismantled a structure built for a nursery for 25 Palestinian children in the village of Jabal Al-Baba near Jerusalem claiming it was built without a permit. This followed the demolition a few days earlier of a small primary school in the southern West Bank and the removal of solar panels used to power another school. This drew criticism from the EU which expressed “strong concern about the recent confiscations of Palestinian school structures undertaken by Israel in Bedouin communities in the occupied West Bank,” adding that “every child has the right to safe access to education and states have an obligation to protect, respect and fulfil this right, by ensuring that schools are inviolable safe spaces for children”.
But has Israel pushed its luck too far with the EU?
Despite Israel’s destruction of facilities funded by the EU, history shows it has protested to Israel but has not taken action. However, this could be about to change.
Reports have emerged that eight EU countries, led by Belgium, have drafted a letter to be delivered to senior Foreign Ministry officials demanding compensation amounting to €30,000 ($35,456) for confiscating and demolishing structures and infrastructure built by them in Area C of the West Bank, which is under full Israeli control. This follows Israel’s refusal to return the confiscated equipment as demanded by the eight countries which are members of the ‘West Bank Protection Consortium,’ a body through which they coordinate humanitarian assistance to Area C.
The letter stresses that “the demolition and seizure of humanitarian equipment, including school infrastructure, and the interference in the transfer of humanitarian assistance contravenes Israel’s obligations under international law and causes suffering to the Palestinian residents”.
However, Israel claims that European activity in Area C is not humanitarian assistance but “illegal development that is being done without coordinating with Israel and with the aim of strengthening the Palestinians’ hold on Area C”. This claim was previously made in 2015 by Benjamin Netanyahu who ordered the demolition of some 400 Palestinian structures built in the West Bank with European funding.
While the international community has often talked the talk about Israeli crimes, this is a rare example of action that could at least make Israel think twice before acting. While this is a small step by eight EU countries it could mark a significant and necessary change in policy from condemnation of Israeli policies to tangible action. EU citizens should be outraged that contributions from their taxes to alleviate Palestinian suffering and build peace, are being wasted by Israel while goods from illegals settlements continue to make their way to EU supermarket shelves.
If the EU is serious about peace and its support for a two-state solution then it can use existing instruments to exercise its influence. This includes suspending the EU-Israel Association Agreement for Israel’s failure to adhere to a clause which states that “relations between the parties, as well as all the provisions of the agreement itself, shall be based on respect for human rights and democratic principles”.
Israel’s clear failure to respect Palestinian human rights should finally trigger a suspension of this agreement.
Fifty-four years after the assassination of President Kennedy, historians are still waiting to see whether President Trump will approve the final release of secret records related to that crime by the Oct. 26 deadline set by a unanimous Congress in 1992 with the JFK Records Act.
Senior Republicans in both the House and Senate have called on the President to “reject any claims for the continued postponement” of declassification. “Transparency in government is critical not only to ensuring accountability; it’s also essential to understanding our nation’s history,” said Sen. Charles Grassley, R-Iowa, who chairs the Senate Judiciary Committee.
Just days before the scheduled release of JFK records, the National Archives — with much less fanfare — declassified nearly 30,000 pages of documents from the U.S. embassy in Jakarta from 1964 to 1968. That might seem in contrast like an obscure matter of interest only to a handful of specialists, but the period covers what the CIA once called “one of the worst mass murders of the 20th century”: the massacre of half a million Indonesians, and the arrest of a million more, by the country’s army and its supporters in the name of wiping out Communism.
Whether and how the U.S. government abetted that bloodbath is as “essential to understanding our nation’s history” as learning what transpired two years earlier on the streets of Dallas. Indeed, the two events are related, as the murder of Kennedy prompted a hardline shift in U.S. policy to support a military coup in Indonesia. Yet despite the worthy new release of documents, Washington has been neither transparent nor accountable when it comes to the Indonesia massacre of 1965-66.
In particular, the U.S. government has yet to declassify any but a handful of operational files from the CIA or Defense Department. As a result, “we have only the barest outlines of what covert campaigns the CIA was undertaking and what assistance the United States was providing,” historian Bradley Simpson, founder and director of the Indonesia and East Timor Documentation Project, told me.
The Prelude to a Slaughter
The frightful massacres in Indonesia followed years of growing social, economic and political strife. Following a disastrously botched CIA coup attempt in 1958, Indonesia’s leader and independence hero, Sukarno, treated Washington with deep suspicion. All through the early 1960s, Sukarno adopted an increasingly strident nationalist stance. He flirted with Soviet Russia and even with Communist China while he threatened military confrontations with the Dutch and British, legacy colonial powers. At home, he encouraged the rising influence of Indonesia’s communist party, the PKI.
President Kennedy tried to work with Sukarno. One of JFK’s first acts as president was to invite the Indonesian leader to the White House. Kennedy’s assassination, however, “unquestionably changed the direction of U.S. policy toward Indonesia,” writes Simpson in his authoritative account of U.S.-Indonesia relations, Economists With Guns. Whereas Kennedy was willing to expend political capital to work with Sukarno, President Lyndon Johnson dismissed him as a “bully” who, if appeased one day, would “run you out of your bedroom the next night.”
Administration leaders increasingly looked to Indonesia’s U.S.-trained-and-supplied army as a political alternative to Sukarno.
In the fall of 1964, as relations with Jakarta soured, the CIA proposed a covert action program to “build up strength” among anti-communist groups and instigate “internal strife between communist and non-communist elements.” The Agency raised the possibility of fomenting riots or other disorders that “might force the Army to assume broad powers in restoring order.”
U.S. and other Western intelligence agencies began planting stories about PKI plots to assassinate army leaders and import weapons from Communist China, elements of a “strategy of tension” that the Agency would later use in Chile to provoke the 1973 military coup.
The Johnson administration curbed economic aid — intensifying the country’s economic crisis — while continuing to train and assist the military. “When Sukarno leaves the scene, the military will probably take over,” one senior State Department official told a congressional committee in executive session. “We want to keep the door open.”
Bitter Fruit
In the fall of 1965, Washington’s strategy bore fruit when several junior Indonesian military officers, apparently with the support of certain PKI leaders, killed six Indonesian army generals in a bungled power play that remains poorly understood. The military struck back decisively. It rounded up the alleged plotters, accused them (falsely) of sexually mutilating the murdered generals, and then unleashed a nationwide campaign to murder PKI cadre and sympathizers.
The U.S. ambassador, Marshall Green, was thrilled by the opportunity to crush the communists. “It’s now or never,” he told Washington.
Green proposed fanning anti-communist violence by a covert propaganda campaign to “spread the story of PKI’s guilt, treachery and brutality (this priority effort is perhaps most-needed immediate assistance we can give army if we can find way to do it without identifying it as solely or largely US effort).”
He instructed to U.S. Information Agency to use all its resources to “link this horror and tragedy with Peking and its brand of communism; associate diabolical murder and mutilation of the generals with similar methods used against village headmen in Vietnam.”
As reports filtered in of the execution or arrest of thousands of PKI supporters by the army and allied Muslim death squads, Green said he had “increasing respect for [the army’s] determination and organization in carrying out this crucial assignment.”
The killings occurred on such a vast scale that “the disposal of the corpses has created a serious sanitation problem in East Java and Northern Sumatra where the humid air bears the reek of decaying flesh,” reported Time magazine in December 1965, in one of the first U.S. stories on the massacre.
“Travelers from these areas tell of small rivers and streams that have been literally clogged with bodies. River transportation has at places been seriously impeded.”
Previously classified documents from the U.S. embassy in Jakarta released this week add details to this story.
We learn, for example, from one cable that as prison overcrowding became a problem, “Many provinces appear to be successfully meeting this problem by executing their P.K.I. prisoners, or by killing them before they are captured, a task in which Moslem youth groups are providing assistance.”
By December 1965, the embassy was reporting on the “striking Army success” in taking power, noting its killing of at least 100,000 people in just 10 weeks.
Yet we also learn that U.S. officials had reliable information that the PKI as an organization had no advance knowledge of or involvement in the murder of the six generals that triggered the nationwide bloodbath. A senior embassy officer also reported on the army’s “widespread falsification of documents” to implicate the PKI in various crimes.
We owe these and other revelations to the persistent efforts of human rights activists, scholars, and politicians like Senators Tom Udall, D-New Mexico, and Patrick Leahy, D-Vermont, to promote full disclosure of U.S. involvement in Indonesia’s mass killings.
Following in their footsteps, Steve Aftergood, head of the Project on Government Secrecy at the Federation of American Scientists, contacted the National Declassification Center (established by President Obama), to urge the release of more Indonesia records. Historian Bradley Simpson and the non-profit National Security Archive then teamed with the U.S. National Archives to digitize 30,000 pages of decades-old embassy files to facilitate public access to the documents.
But without CIA and military operational files, the full, ugly story of Washington’s complicity will remain obscured. Previous administrations have released deeply troubling CIA files on coups in Chile, Guatemala and Iran. Those files cast a terrible stain on our history but their release powerfully demonstrated the commitment of at least some American leaders to learn from the past. In that spirit, the time has come to open up our history with Indonesia as well.
Jonathan Marshall is author or co-author of five books on international relations and history.
A Colombian social leader, Jose Jair Cortes, was murdered in a rural area of Tumaco municipality located in the southwest department of Narino.
Jair Cortes, a member of the local council of the Alto Mira and Frontera Community, was killed in a sector called Y, located in the heart of the city of Tumaco. The social leader was one of seven community leaders to receive death threats in recent months.
The governor of Narino, Camilo Romero Galeano, denounced the murder that occurred just weeks after a massacre that left seven people dead in the village of El Tandil, in the same municipality.
The state government has urged the authorities to investigate the exact details of the community leader’s murder.
“We have once again resisted accepting that the war will continue to make its mark on the Narino pacific,” Romero said. “Our voice of solidarity for the family of Jose Jair Cortes in this painful moment that keeps the mourning in our south.”
“We are profoundly affected by this death, just days after we met in Tumaco with him and the other members of this Junta de Gobierno, corresponding to the territory where the painful events that six peasants and dozens of wounded and still remain of research,” the official statement said.
The community council in the area has repeatedly denounced human rights violations against the Afro-Colombian, Mestizo and Indigenous peasants in the region. The campesinos in the area have been protesting against government’s plan to reduce the production of Cocoa crop, an important means of livelihood for many in the region.
In the western department of Cauca, over 40 campesinos have been injured and one journalist killed in clashes between the Indigenous community members and the Colombian police.
The Indigenous community members who began their protests 10 days ago are demanding the property in the Coconuco Indigenous Reservation, a rural area of Purace municipality, where the government had promised them land in 2013.
The Mobile Anti-Riot Squads (ESMAD) accused the natives of encroaching private property. ESMAD member, Capt. Edgar Garcia, told Caracol, a local radio station that the natives threw “immense rocks that destroy sticks and all around, equally, they shoot us with artifacts, stones, bottles, and explosives to intimidate us, while we are defending the private property.”
Whereas, a spokesman for the protesters quoted by the local radio station, said that “about 10 ESMAD trucks, two tanks and all the artifacts against the indigenous peoples, entered the community.”
Several Palestinian child prisoners in Ofer prison revealed their experiences with torture and mistreatment to Palestinian lawyer Wael Awakah, including beatings and threats by Israeli occupation soldiers and interrogators from the moment of their arrest.
Awakah reported that Waleed Riyad al-Dali, 14 years old, a tenth-grade student and a resident of the village of Biddu in the Ramallah district, was seized on 28 September 2017 at 5:00 pm from the center of his village by undercover Israeli occupation soldiers disguised as Palestinians. He was assaulted and beaten by the soldiers, punched in the head and left bloody by their attack.
Waleed was then taken to a settlement while shackled and blindfolded in a military jeep. He reported being beaten by the soldiers rifle butts and kicked by them during the travel to the settlement. At the settlement military base, Waleed was interrogated; the interrogator threatened to break his hands, refused him food and directed curses and obscene insults at him.
Yazid Akram Humaidan, 15, also a resident of Biddu, was also seized on 28 September from the center of town by undercover Israeli occupation soldiers, who threw him to the ground, punched and slapped him. Yazid said that one of the undercover occupation soldiers stomped on his neck so hard that he feared for his life as he was beaten on the head and face with sharp blows.
Yazid also said that he was screamed at and cursed by interrogators at a nearby settlement and that he was physically weak and tired during interrogation as he had had surgery only two months before.
Hamada Jamal Abu Eid, 16, was also seized by occupation forces operating undercover in Biddu on 28 September. He said that one put a gun to his head before shooting in the air, causing him to fall to the ground where he was beaten on the body and head. He said that he was hit and slapped while being taken to interrogation at a nearby settlement, and that during interrogation himself he was subject to insults and curses.
Awakah said that Hamada continued to appear tired and ill during the interview, with severe and ongoing pain in his head. The three are among approximately 300 Palestinian children held in Israeli jails, mostly in Ofer and Megiddo prison, as well as 10 minor girls held in HaSharon prison.
In addition, the practice of sending children – especially Jerusalemite children – to house imprisonment, highlighted in the September 2017 report of Palestinian prisoners’ human rights associations, has continued. House imprisonment denies children the right to leave their homes, even for study or medical treatment in many cases, and forces parents and adults around them to become jailers at the threat of further punishment and imprisonment.
On 12 October, Jerusalemite teen Bilal Khalil Ghatit was ordered to home imprisonment with the imposition of an “electronic monitoring bracelet” on his ankle. He has already been held under house imprisonment since May, and has been unable to leave his home, go to school or visit relatives. His parents have also become prisoners; one of them must stay at home with him at all times. Bilal was seized in April 2017 by occupation forces who invaded the family home in the Sheikh Jarrah neighborhood of Jerusalem; he was released in May but ordered to house arrest. A ninth-grade student, he has been denied the ability to go to school.
Bilal’s father reported that he pays NIS 180 ($55 USD) for the electronic monitoring device; in the event of any malfunction of the device or even a loss of electricity in the home, the house is subject to violent raids by occupation forces, he noted, recalling the day of Bilal’s arrest, when his room was invaded as he slept and his brother beaten when he tried to intervene.
Another Palestinian child, Adam Hamdan, 14 from Ras al-Amud neighborhood of Silwan in Jerusalem, was also ordered to house imprisonment on 12 October; he was arrested on Tuesday, 10 October as he walked to school and accused of “throwing stones,” one of the most popular charges used by the Israeli occupation to criminalize and imprison Palestinian children and youth.
Samidoun Palestinian Prisoner Solidarity Network denounces the ongoing imprisonment, torture, mistreatment and abuse of Palestinian children at a systematic level by the Israeli occupation. We demand the immediate release of all Palestinian child prisoners in Israeli jails and urge greater international mobilization to support the hundreds of Palestinian children who are jailed each year, subject to solitary confinement and cruel and inhumane treatment, traumatic pre-dawn violent arrest raids and invasions of their homes, confiscation of their right to health and education – all as part of a systematic web of oppression at the hands of the Israeli settler colonial project.
The key defense attorney of the man alleged to be behind the USS ‘Cole’ bombing has quit, citing an ethical conflict which he’s not allowed to reveal. The suspect, Abd al Rahim al Nashiri, is in detention at the US Guantanamo military base.
Death-penalty counsel Rick Kammen, along with two members of his legal team, quit Friday, saying that they cannot disclose the reason because it is classified.
Nashiri, 52, is accused of orchestrating Al-Qaeda’s suicide bombing of the US warship off the coast of Yemen on October 12, 2000, which killed 17 American sailors.
“We have mixed emotions about this,” Kammen said in a statement Friday afternoon. “We are angry about being placed in an ethically untenable position, disappointed in not being able to see the case through, and devastated to leave Mr. Nashiri, whom we genuinely like and who deserves a real chance for justice.”
By law, a capital trial cannot go forward without a seasoned death-penalty counsel, which will likely cause a delay in what was on track to be the first death-penalty trial held at America’s Guantanamo prison in Cuba.
The attorneys withdrew on the belief that the government was listening in on their legal meetings, creating an ethical conflict, McClatchy reported.
“We’re in a position where we cannot meet with our client, and we cannot tell him why we can’t meet with him,” Kammen said, referring to an order by a military judge. “That’s an ethically untenable position to be in,” he added.
Nashiri’s Pentagon lawyers filed a complaint at the US Supreme Court over the case.
Throughout nearly six years of pretrial hearings at the military court, the government and Nashiri’s civilian defense attorneys had been litigating over what evidence Nashiri or his lawyers can see, how to substitute for destroyed CIA evidence, and how much damage Nashiri suffered while in CIA custody from 2002 to 2006.
Unclassified documents show he was waterboarded, abused rectally, confined to a coffin-sized box and subjected to other “enhanced interrogation techniques” to break him during interrogation, McClatchy reported.
The Saudi national is one of 41 captives who remain at Guantanamo.
Following the September 11 terrorist attacks, the US had detained around 800 individuals suspected of ties to Al-Qaeda, but instead of trying them at US courts, held the suspects for years without trial at Guantanamo. Most inmates were subsequently cleared for release. The UN ruled that the practices at Guantánamo, including arbitrary detention without trial, blatantly violated international law.
President Donald Trump has vowed to keep the infamous prison open and “load it up with some bad dudes.” However, no detainees have been transferred in or out since he took office.
With a deal for political reconciliation having been reached by Hamas and the Palestinian Authority, attention should shift to the humanitarian impact of Mahmoud Abbas’s collective punishment of the people in the Gaza Strip. The punitive measures, blatantly visible, were primarily an exercise in deprivation for political gain.
On Wednesday, Wafa and Alray reported that re-establishing adequate electricity supply to Gaza is dependent on whether “the Palestinian Government of National Consensus can assume its duties and responsibilities in the Strip.” The statement is open to several interpretations, the most dangerous for Palestinian civilians being additional delays beyond the signing of the reconciliation agreement.
According to the Palestinian Energy Authority’s acting director, Thafer Milhem, electricity was one of the issues discussed during the reconciliation talks in Cairo. While describing the process through which electricity supply for Gaza would be restored gradually, Milhem asserted that there is no timeframe for implementation, thus once again demanding that the civilians should remain as pawns in the political game designed by Abbas. It should be recalled that the precondition imposed upon Hamas by Abbas in return for lifting the collective punishment was the dissolution of the administrative committee of Gaza; this was duly done by the Islamic Resistance Movement.
However, the initial requirement turned out to be the first step in bringing about a situation whereby Hamas would agree to relinquish control of Gaza in the name of political unity. It remains to be seen how much this gesture, which entails a considerable measure of compromise, will reflect upon both Hamas and the civilian population of the enclave.
It could be argued that necessity, on several levels, constituted a form of political, social and ecoomic coercion. Gaza has navigated a fine line in attempting to retain the connection between the three sectors. Although different, each struggle reflected anti-colonial resistance. Necessity diluted this framework, and resistance was thwarted into survival, courtesy of collaborative efforts by Israel, the PA and the international community under various guises. For the people, it became a matter of successfully staying alive despite the harsh conditions.
Hamas, on the other hand, has fluctuated between resistance and diplomacy, the latter mired in a lack of clarity, particularly as the movement’s political statements appeared to be in conflict with its aims of liberation. This is not to say that the PA and Hamas have identical aims. However, it is the latter that has been required to compromise, despite the former’s irregular governance.
While the focus is now on the reconciliation agreement, there is a backdrop against which this is taking place; people who have suffered the humanitarian consequences of political contempt. For the PA to continue playing the bureaucratic game is unacceptable. By not providing a timeline for the resumption of adequate services with regard to electricity, or establishing access as a priority, Palestinians are once again expected to sacrifice health, education and life for a political gamble concocted by the PA. The least that could have been done was the immediate lifting of Abbas’s punitive measures, unless the plan is to expand authority in the name of reconciliation, with the aim of having better access to the exploitation of a precarious humanitarian situation.
By Thomas S. Harrington | CounterPunch | August 19, 2016
… What will almost never be talked about are the many very good reasons a person from the vast region stretching from Morrocco in the west, to Pakistan in the east, have to be very angry at, and to feel highly vengeful toward, the US, its strategic puppeteer Israel, and their slavishly loyal European compadres like France, Germany and Great Britain. … Read full article
This site is provided as a research and reference tool. Although we make every reasonable effort to ensure that the information and data provided at this site are useful, accurate, and current, we cannot guarantee that the information and data provided here will be error-free. By using this site, you assume all responsibility for and risk arising from your use of and reliance upon the contents of this site.
This site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, you should consult your own attorney.
Nothing within this site or linked to by this site constitutes investment advice or medical advice.
Materials accessible from or added to this site by third parties, such as comments posted, are strictly the responsibility of the third party who added such materials or made them accessible and we neither endorse nor undertake to control, monitor, edit or assume responsibility for any such third-party material.
The posting of stories, commentaries, reports, documents and links (embedded or otherwise) on this site does not in any way, shape or form, implied or otherwise, necessarily express or suggest endorsement or support of any of such posted material or parts therein.
The word “alleged” is deemed to occur before the word “fraud.” Since the rule of law still applies. To peasants, at least.
Fair Use
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more info go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
DMCA Contact
This is information for anyone that wishes to challenge our “fair use” of copyrighted material.
If you are a legal copyright holder or a designated agent for such and you believe that content residing on or accessible through our website infringes a copyright and falls outside the boundaries of “Fair Use”, please send a notice of infringement by contacting atheonews@gmail.com.
We will respond and take necessary action immediately.
If notice is given of an alleged copyright violation we will act expeditiously to remove or disable access to the material(s) in question.
All 3rd party material posted on this website is copyright the respective owners / authors. Aletho News makes no claim of copyright on such material.