Briefing Paper: Israel’s Administrative Detention Policy And The Palestinian Prisoners’ Boycott Of Israeli Military Tribunals

March 9, 2018 Reports Leave a comment 39 Views

This briefing paper focuses on Israel’s administrative detention policy and the prisoners’ boycott of military tribunals established by the Israeli occupying authorities. It also provides the official Palestinian position regarding the Israeli detention policy.

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PALESTINE REFUGEES: A PERMANENT STATE OF EMERGENCY FOR 72 YEARS

INTRODUCTION It is inhumane to live a permanent state of emergency through all the years …

Appeal from Palestine to the Peoples and States of the World

For many years, Israel has remained an occupying power, occupying the territory of another state and controlling its people. It is a colonial state enforcing settler colonialism, including confiscating land, transferring its population to the territory it is occupying, and enacting a separate living system therein. It is a State that commits grave violations of international law, including international humanitarian law and human rights law. It is a State that denies the Palestinian people their right to self-determination and national independence and denies the rights of Palestine refugees, including their right to return, ownership and compensation. It is a State that has ignored international will, rejected and violated all relevant United Nations resolutions and conventions.

Recently, the situation has worsened considerably. We have seen an increasing Israeli shift toward extremism, fundamentalism and even fascism. We have also seen a complete reversal of concluded agreements and attempts to take settler colonialism to another level. Israeli officials have publicly voiced positions that reject the Palestinian people’s existence and national rights and confirm the desire to seize all of the Palestinian territory.

As well, Trump’s recently issued so-called, “Vision for Peace, Prosperity and a Brighter Future for Israel and the Palestinian People” is in fact not a peace plan, but rather an adoption of the outrageous ideologies that advance greater Israel, deny Palestinian national existence, and
attempt to find possible solutions for the “Palestinian inhabitants” in a disconnected entity that they can call a state – if they meet many additional and impossible conditions. The plan paves the way for Israel to annex large swathes of the West Bank, including the areas of illegal settlements, the Jordan Valley and northern Dead Sea, and areas west of the Wall – which the International Court of Justice affirmed the illegality of and the need to dismantle and make reparations for the damage caused by its construction in 2004.

The Israeli Prime Minister has now and in many instances declared his intention to annex these areas, a position that was stated expressly in the partnership agreement of the current Israeli government – which makes it part of official government policy – along with the annexation of occupied East Jerusalem, which the international community has unanimously rejected and deemed to be null and void. Such Israeli policies and procedures constitute a grave violation of the principles and relevant provisions of international law – even annul international law and the conduct of States, upon which the international system as a whole is based – extinguish the possibility of a negotiated settlement between the two sides, and thus inevitably provoke a long confrontation with catastrophic results.

It is the duty of the international community, its States, people and civil society organizations to confront this, prevent it from happening and, if it does, to take punitive and deterrent measures. Reluctance to seriously confront all of this would be a shameful abrogation and would create repercussions in the region as well as the international system. Inaction would be a betrayal of values and principles, a retreat from a negotiated settlement and the establishment of peace in the region based on partition into two states.

As concerns the aforementioned, we, Palestinian leaders from all walks of life, including academics, former officials and civil society, appeal to the international community to take the necessary positions and measures to confront and stop this injustice, to preserve the goal of establishing peace and a secure and viable future for the people of the region, including the Palestinian and Israeli peoples, each in their independent state. We specifically ask that immediate action be taken to affirm:

1. By various means, the position against any annexation by Israel of the Occupied Palestinian Territory as a grave violation of the principles of international law and the Charter of the United Nations, as well as in flagrant violation of relevant UN Security Council resolutions.

2. The need for all States of the world to abide by relevant UN Security Council resolutions, including resolution 2334 (2016), specifically to not recognize any changes to the 1967 borders. Additionally, that all States with relations or cooperation agreements with Israel commit to the principle of distinction between Israel and the Occupied Palestinian Territory, including East Jerusalem, and to reject any attempt by Israel to disparage this principle.

3. The need for all States to take specific measures against settlements, settlers and settlement products, including preventing such products from entering their markets, in implementation of the legal contractual obligations of States (third parties) in accordance with the Fourth Geneva Convention, 1949.

4. The need for political entities and civil society organizations to confront the attempt by a few governments to criminalize the above measures, as such criminalization would constitute a violation of international law, or to criminalize support for boycotting Israel on the basis of political and moral considerations, as such criminalization would constitute a violation of values of democracy and fundamental rights of citizens in the concerned States.

5. The need for all States that have relations or cooperation agreements with Israel to take punitive measures in regard to these agreements, in the event Israel takes any step to implement annexation.

6. The need for the States that have not yet recognized, to extend recognition to the State of Palestine, on the 1967 borders with East Jerusalem as its capital, in compliance with the principle
of partition into two states, acknowledging the existence of two states, and upholding a politically negotiated two-state solution – a step that will guarantee the above.

7. Support the steps taken by the State of Palestine and other countries before the International Criminal Court, and national courts throughout the world that allow such legal challenges, against Israeli officials responsible for war crimes and crimes against humanity, including annexation.

8. Support Palestinian, Arab and international efforts in the UN Security Council, General Assembly and other international institutions against any Israeli move toward annexation, in the event such step is taken. In addition, to condemn and declare this move illegal, null and void; to call on all States of the world to renounce and refuse recognition, and to deem Israel an outlaw state.

9. Reaffirm opposition to the so-called Trump Vision and reject all positions by right-wing extremists and settlers in Israel and extreme religious right in America – all of whom aim to achieve greater Israel, deny the national rights and even the national existence of the Palestinian people.

10. Support the Palestinian people, Palestine Liberation Organization and the Palestinian Authority in their continuing struggle to confront annexation in the face of Trump’s Vision and achieve their national goals, freedom and independence.

We, the undersigned, well aware of the great responsibilities placed upon us and the Palestinian people to strengthen our capacities, first and foremost the unity of the Palestinian people and its institutions in confronting the aforementioned, hereby address this appeal to all components of the international community to uphold their responsibilities and take the necessary positions and measures at this historic juncture.

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PALESTINE REFUGEES: A PERMANENT STATE OF EMERGENCY FOR 72 YEARS

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Briefing Paper: Israel’s Administrative Detention Policy And The Palestinian Prisoners’ Boycott Of Israeli Military Tribunals

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