Committee Against Torture’s Findings Highlight International Community’s Inaction in the Face of Israel’s Widespread and Systematic Violations of International Law
On 14 May, 2009, the United Nations Committee Against Torture published its concluding observations on Israel ’s fourth periodic report. While the State of Israel was preparing its submission, other elements of the Occupying Power’s administration were, inter alia, reinforcing the siege on the Gaza Strip, solidifying the annexation of occupied East Jerusalem, expanding illegal settlement activities in the West Bank , and preparing for Operation ‘Cast Lead’, the 23 day military offensive on the Gaza Strip.
The Palestinian Centre for Human Rights’ (PCHR) investigations revealed that this offensive resulted in the deaths of 1,414 Palestinians, and the decimation of Gaza ’s infrastructure. 1,181 of the dead were non-combatants, the protected persons of international humanitarian law (IHL). Today, four months after Israel ’s declaration of a unilateral ceasefire, the situation in the Gaza Strip remains as it was on 18 January. Life remains in a time warp, as civilians struggle to rebuild their lives amidst an escalating humanitarian crisis. Recovery is impossible as Israel prevents reconstruction and continues to subject Gaza ’s 1.5 million people to an illegal siege.
The reality of life in the occupied Palestinian territory (oPt) highlights the duplicity of the Israeli authorities. While engaging in superficial efforts intended to appease the international community and convey compliance with international standards, the State of Israel continues to callously and systematically violate the fundamental principles of IHL and international human rights law.
PCHR have documented countless human rights abuses, war crimes, and grave breaches of the Geneva Conventions committed by Israeli Occupation Forces (IOF) throughout the course of Operation ‘Cast Lead’. The widespread and systematic nature of these attacks raises serious allegations that Israel may have committed crimes against humanity. PCHR have also extensively documented cases of torture, and cruel, inhuman and degrading treatment which form a core part of IOF policy. Such treatment includes, but is not limited to, ‘routine’ humiliation at checkpoints, the denial of medical treatment to patients who do not agree to collaborate with Israeli security agencies, the use of – often lethal – violence against peaceful protests, beatings, punitive house demolitions, which the Committee Against Torture have confirmed amount to cruel inhuman and degrading treatment. The prohibition of torture constitutes a jus cogens norm of international law from which no derogation is prohibited. Both IHL and human rights law are founded on the fundamental desire to safeguard human dignity.
Operation ‘Cast Lead’ and its consequences were witnessed throughout the world. Yet no one is present to witness crimes committed in interrogation centers and detention facilities. As noted by the Committee Against Torture, investigations of security detainees are carried out ex-camera, despite that the fact that it is these individuals who are most at risk of torture and cruel, inhuman or degrading treatment. Human rights organizations and the International Committee of the Red Cross has difficulty in ensuring prompt and consistent access. Prisoners are held in conditions which do not meet international standards, and are used as political bargaining chips. Approximately 1,100 detainees from Gaza have been denied family visitation rights for over 17 continuous months.
PCHR note that the crimes documented in the Committee Against Torture’s report, and the countless other crimes committed by IOF, cannot be carried out without impunity. This impunity is granted on two levels: first, by the complicity of Israel ’s judicial system, and second, by the silence and deference of the international community.
It is not enough that these crimes are documented in reports and forgotten, as happened recently following the Secretary General of the United Nations shameful reaction to the Board of Inquiry’s report into incidents in the Gaza Strip. If the rule of law is to be upheld, and innocent civilians protected, then the law must be enforced.
The International Community cannot continue to allow Israel to act as a State above the law. Perhaps the most shocking aspect of the Committee Against Torture’s report is the fact that the majority of the recommendations issued in its 2001 report remain outstanding. In the intervening years, the only change has been the addition of further Israeli violations.
PCHR affirm that if the culture of impunity which permits the continued commission of these crimes is to be combated, effective action on the part of the international community is required. The EU-Israeli Association Agreement cannot be upgraded in the face of systematic human rights abuses. Independent investigations must be conducted so that those responsible for war crimes are held accountable.
It is Palestinian civilians who suffer the consequences of the international community’s inaction.
