ISRAEL State of Israel Medinat Yisra'el Joined United Nations: 11 May 1949 Human Rights as assured by their constitution Click here Updated 02/18/11
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Jerusalem
note: Israel proclaimed Jerusalem as its capital in 1950, but the US, like nearly all other
countries, maintains its Embassy in Tel Aviv
7,233,701
note: includes about 187,000 Israeli settlers in the West Bank, about 20,000 in the
Israeli-occupied Golan Heights, and fewer than 177,000 in East Jerusalem (July 2010 est.)
Binyamin Netanyahu
Prime Minister since 31 March 2009
President is largely a ceremonial role and is elected by the Knesset
for a seven-year term (no term limits); election last held 13 June
2007
Next scheduled election: 2014 but can be called earlier
HEAD OF GOVERNMENT
SELECTION PROCESS
Following legislative elections, the president assigns a Knesset
member - traditionally the leader of the largest party - the task
of forming a governing coalition. Last election: 10 February 2009
Next scheduled election: 2013
DECLARATION OF HUMAN RIGHTS
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Jewish 76.4% (of which Israel-born 67.1%, Europe/America-born 22.6%, Africa-born 5.9%, Asia-born 4.2%), non-Jewish
23.6% (mostly Arab) (2004)
Jewish 76.4%, Muslim 16%, Arab Christians 1.7%, other Christian 0.4%, Druze 1.6%, unspecified 3.9% (2004)
Parliamentary Democracy with 6 districts (mehozot, singular - mehoz); Legal system is a mixture of English common law, British
Mandate regulations, and, in personal matters, Jewish, Christian, and Muslim legal systems; in December 1985, Israel informed the
UN Secretariat that it would no longer accept compulsory ICJ jurisdiction
Executive: President is largely a ceremonial role and is elected by the Knesset for a seven-year term (no term limits); election last held 13
June 2007 (next to be held in 2014 but can be called earlier); following legislative elections, the president assigns a Knesset member -
traditionally the leader of the largest party - the task of forming a governing coalition
Legislative: Unicameral Knesset (120 seats; members elected by popular vote to serve four-year terms)
elections: last held 10 February 2009 (next scheduled to be held in 2013)
Judicial: Supreme Court (justices appointed by Judicial Selection Committee - made up of all three branches of the government;
mandatory retirement age is 70)
Hebrew (official), Arabic used officially for Arab minority, English most commonly used foreign language
The desire of Jews to return to their homeland was first expressed during the Babylonian captivity after 597 BCE. This became a
universal Jewish theme after the Jewish-Roman wars, which included the destruction of Jerusalem by Titus in the year 70 CE, and
the exile that followed. The Jewish diaspora and the population that stayed in the Land of Israel continued to see it as their spiritual
home and as the Promised Land; there is no evidence of any interruption of the Jewish presence there for the last three millennia.
For generations, the universal theme of the ingathering of the exiles and the re-establishment of the kingdom of Israel carried mostly
religious overtones due to the belief that the Jewish people would return to Zion with the coming of the Messiah, i.e., after divine
intervention. Throughout centuries, some Jewish leaders proposed or attempted a return, but they were in a minority. Between the
13th and 19th centuries, the number of those who made the aliyah (literally "ascent", Jewish immigration to the Land of Israel) rose
mainly due to the resurgence of messianic fervor among the Jews of Spain, France, Italy, the Germanic states, Russia and North
Africa. During this period, Jewish immigration was also spurred by a general decline in the status of Jews across Europe and an
increase in religious persecution. The expulsion of Jews from England (1290) France (1391), Austria (1421) and Spain (the
Alhambra decree 1492) were seen by many as a sign of approaching redemption and contributed to the messianic spirit of the time.
By the mid-19th century, the Land of Israel was a part of the Ottoman Empire and a province of Syria, populated mostly by Muslim
and Christian Arabs, as well as Jews, Greeks, Druze, Bedouins and other minorities. By 1844, Jews constituted the largest
population group (and by 1890 an absolute majority) in a few cities, most notably Jerusalem (although as a whole, the Jewish
population made up far less than 10% of the total). During the 19th century the spread of Enlightenment ideals across Europe led to
the emancipation of Jews across the continent. It also led to a counter-reaction of Europeans who sought to prevent Jews from
being granted citizenship and who saw them as alien, non-European community. Opponents of Jewish civil rights called themselves
anti-semites and became increasingly well organized as the century wore on. In Tzarist Russia, the government actively encouraged
pogroms in an effort to divert popular resentment at the government and to drive out the Jewish population. Mikveh Israel was
founded in 1870 by Alliance Israelite Universelle, followed by Petah Tikva (1878), Rishon LeZion (1882), and other agricultural
communities founded by the members of Bilu and Hovevei Zion. In 1897, the First Zionist Congress proclaimed the decision "to
establish a home for the Jewish people in Eretz-Israel secured under public law." During the First World War, in December 1916,
Lloyd George, a committed Christian Zionist, was made British Prime Minister. Lloyd George immediately ordered an invasion of
the Levant, including Israel. Lloyd George's initiative led to his foreign minister, Lord Balfour making the Balfour Declaration of
1917. This asserted that the British Government "view[ed] with favour the establishment in Palestine of a national home for the
Jewish people"..."it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing
non-Jewish communities in Palestine". The British invasion force, led by General Allenby, included a force of Jewish volunteers
(mostly Zionists), known as the Jewish Legion. After World War I, the League of Nations formally assigned the Palestine mandate
to the United Kingdom, endorsing the terms of the Balfour Declaration and additionally requiring the British to set up the Jewish
Agency that would administer Jewish affairs in Palestine. Jewish immigration grew slowly in the 1920s; however the rise of Hitler
and growth of anti-Semitism in Europe led to substantial immigration in the 1930s. With fewer countries willing to permit Jewish
immigration more and more Jews were prepared to pay the necessary 500 pounds to enter Palestine. This led to the 1936-1939
Arab uprising. The spread of Anti-Semitism led to a decline in Jewish and Zionist influence, while Arab influence rose as oil became
an increasingly vital commodity and Arab states began to win independence. In 1938 the British policy of appeasement led to
hundreds of thousands of Czech Jews losing their citizenship and a growing fear in Britain that Palestine was about to be swamped
by Jews fleeing Europe. The British Government responded with the 1939 White Paper which announced that Britain had fulfilled its
obligations to create a Jewish National Home in Palestine and that a further 45,000 Jews would be allowed entry by 1944 after
which Jewish migration would cease and measures would be taken to establish an Arab-dominated state in Palestine. British
restrictions and Jewish desperation to leave Europe led to illegal Jewish migration, mostly in small ships sailing to Palestine.
Following the near-extermination of European Jews by the Nazis, the American Jewish community mobilized in massive numbers to
support their European brethren, most of whom were desperate to leave the continent and many of whom wished to go to Palestine.
Hundreds of thousands of Jews in Europe were displaced and in need of assistance. A situation thus developed of a growing
British-Jewish conflict in Palestine, fought against a background of Jews trying to leave Europe, large numbers of them seeking to
head for Palestine, with growing support from the American Jewish community. As a result of this conflict the United States
Congress refused to ratify loans that were vital to preventing British bankruptcy and the British government took the decision to
refer the Palestine to the United Nations. During the UN discussions on the future of Palestine, a ship called the Exodus 1947, left a
harbour in France and the British government forcibly returned the Jews on board to British occupied Germany. In November 1947
the UN voted to partition Palestine and create two states, one Arab and one Jewish with the city of Jerusalem to be under the direct
administration of the United Nations. While most Jews in Palestine accepted the UN partition decision (there were public
celebrations in Tel-Aviv), most Arabs in Palestine rejected it. Violence between Arab and Jewish communities erupted almost
immediately. On May 14, 1948, the last British forces withdrew from Palestine, and the Jewish Agency, led by David Ben-Gurion,
declared the creation of the State of Israel, in accordance with the 1947 UN Partition Plan. Arab countries refused to accept the
UN partition decision and the creation of Israel, and armies from Egypt, Syria, Jordan and Iraq joined the fighting, thus beginning
the 1948 Arab-Israeli War. The war for Israel's Independence was the costliest in its history: Some 6,000 men and women
perished, about 4,000 of which were combatants, from a Jewish population of 650,000. The exact number of Arab losses is
unknown but are estimated at between 10,000 and 15,000 people. For the Palestinian Arabs the war was costly as well, as many
of them fled to neighboring Arab countries, resulting in some 700,000 refugees. About 160,000 became Arab citizens of Israel.
After the war Israel successfully applied for UN membership. The first President of Israel (a largely ceremonial role) was Chaim
Weizmann, the influential former Zionist leader, the first Prime Minister of Israel was David Ben-Gurion. Israel's solution to the
diplomatic isolation resulting from Arab boycotts was to establish good relations with the United States and the emerging states in
Africa and Asia. On January 9, 1950, the Israeli government extended recognition to the People's Republic of China, but diplomatic
relations were not established until 1992. During the Six Days War beginning 5 June 1967, Israel gained control of the Sinai
Peninsula, the Gaza Strip, the Golan Heights, and the formerly Jordanian-controlled West Bank of the Jordan River, including East
Jerusalem. After 1967 the USA began supplying Israel with aircraft. The Yom Kippur War began on October 6, 1973 (the Jewish
Day of Atonement), the holiest day in the Jewish calendar and a day when adult Jews are required to fast. The Syrian and Egyptian
armies launched a surprise attack against the unprepared Israeli Defence Forces. On March 26, 1979, a treaty of peace was signed
between Israel and Egypt brokered by U.S. President Jimmy Carter. In June 1982, after the attempted assassination of the
ambassador to Britain, Israel invaded the southern half of Lebanon during the 1982 Lebanon War to drive out the PLO, initially
from Southern Lebanon and then altogether. The Israeli army occupied Beirut, the only time an Arab capital has been occupied by
Israel. In June 1985, Israel withdrew most of its troops from Lebanon, completing withdrawal in 2000. Hostilities continued
between Israel and the Palestinian Authority regarding encroachment by Israeli settlers in Palestinian Territories and conflicts over
Israel's construction of a security fence on the West Bank border to foist attempts by Palestinian insurgents and suicide bombers.
Source: Wikipedia: History of Israel
Israel has a technologically advanced market economy. It depends on imports of crude oil, grains, raw materials, and military
equipment. Despite limited natural resources, Israel has intensively developed its agricultural and industrial sectors over the past 20
years. Cut diamonds, high-technology equipment, and agricultural products (fruits and vegetables) are the leading exports. Israel
usually posts sizable trade deficits, which are covered by large transfer payments from abroad and by foreign loans. Roughly half of
the government's external debt is owed to the US, its major source of economic and military aid. Israel's GDP, after contracting
slightly in 2001 and 2002 due to the Palestinian conflict and troubles in the high-technology sector, grew about 5% per year from
2004-07. The global financial crisis of 2008-09 spurred a brief recession in Israel, but the country entered the crisis with solid
fundamentals - following years of prudent fiscal policy and a series of liberalizing reforms - and a resilient banking sector, and the
economy has shown signs of an early recovery. Following GDP growth of 4% in 2008, Israel's GDP grew by 0.5% in 2009 and is
expected to expand in 2010. The global economic downturn affected Israel's economy primarily through reduced demand for
Israel's exports in the United States and EU, Israel's top trading partners. Exports account for about 45% of the country's GDP.
The Israeli Government responded to the recession by implementing a modest fiscal stimulus package and an aggressive
expansionary monetary policy - including cutting interest rates to record lows, purchasing government bonds, and intervening in the
foreign currency market. The Bank of Israel began raising interest rates in the summer of 2009 when inflation rose above the upper
end of the Bank's target and the economy began to show signs of recovery.
Source: CIA World Factbook (select Israel)
Golda Meir, a former Israeli Prime Minister, joked that "in Israel, there are 3 million prime ministers". Because of the proportional
representation system, there is a large number of political parties, many of whom run on very specialized platforms, often advocating
the tenets of particular interest groups. The prevalent balance between the largest parties means that the smaller parties can have
disproportionately strong influence to their size. Due to their ability to act as tie breakers, they often use this status to block
legislation or promote their own agenda, even contrary to the manifesto of the larger party in office.
Israeli politics is dominated by Zionist parties which traditionally fall into three camps, the first two being the largest: Labor Zionism
(which has social democrat colors), Revisionist Zionism (which shares some traits with Tories or conservatives in other countries)
and Religious Zionism (although there are several non Zionist Orthodox religious parties, as well as anti-Zionist Israeli Arab parties).
In 2009 the two main Arab political parties, the National Democratic Assembly (also known as Balad) and Ra'am-Ta'al, were
initially banned from contesting the next election by the Central Election Committee, but this decision was overturned by the
Supreme Court of Israel
From the founding of Israel in 1948 until the election of May 1977, Israel was ruled by successive coalition governments led by the
Labor Alignment (or Mapai prior to 1967). From 1967 to 1970, a national unity government included all of Israel's parties except
for the two factions of the Communist Party of Israel. After the 1977 election, the Revisionist Zionist Likud bloc, then composed of
Herut, the Liberals, and the smaller La'am Party, came to power forming a coalition with the National Religious Party, Agudat
Israel, and others.
Source: Wikipedia: Politics of Israel
West Bank and Gaza Strip are Israeli-occupied with current status subject to the Israeli-Palestinian Interim Agreement - permanent
status to be determined through further negotiation; Israel continues construction of a "seam line" separation barrier along parts of
the Green Line and within the West Bank; Israel withdrew its settlers and military from the Gaza Strip and from four settlements in
the West Bank in August 2005; Golan Heights is Israeli-occupied (Lebanon claims the Shab'a Farms area of Golan Heights); since
1948, about 350 peacekeepers from the UN Truce Supervision Organization (UNTSO) headquartered in Jerusalem monitor
ceasefires, supervise armistice agreements, prevent isolated incidents from escalating, and assist other UN personnel in the region
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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IDPs: 150,000-420,000 (Arab villagers displaced from homes in northern Israel) (2007)
Increasingly concerned about ecstasy, cocaine, and heroin abuse; drugs arrive in country from Lebanon and, increasingly, from
Jordan; money-laundering center
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Report: Israel and the occupied territories
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Israel is a multiparty parliamentary democracy with a population of approximately 7.5 million, including Israelis living in the occupied
territories. Israel has no constitution, although a series of "Basic Laws" enumerate fundamental rights. Certain fundamental laws, orders,
and regulations legally depend on the existence of a "State of Emergency," which has been in effect since 1948. The 120-member,
unicameral Knesset has the power to dissolve the government and mandate elections. The February 10 elections for the Knesset were
considered free and fair. They resulted in a coalition government led by Prime Minister Benjamin Netanyahu. Civilian authorities generally
maintained effective control of the security forces within Israel. (An annex to this report covers human rights in the occupied territories.
This report deals with human rights in Israel and the Israeli-occupied Golan Heights.)
The government generally respected the human rights of its citizens, although there were problems in some areas.
- There were several high-profile cases involving corruption by political leaders.
- Institutional, legal, and societal discrimination against Arab citizens, Palestinian Arabs, non-Orthodox Jews, and other religious
groups continued, as did societal discrimination against persons with disabilities.
- Women suffered societal discrimination and domestic violence.
- The government maintained unequal educational systems for Arab and Jewish students.
- While trafficking in persons for the purpose of prostitution greatly decreased in recent years, trafficking for the purpose of labor
remained a problem, as did abuse of foreign workers.
Palestinian rocket and terrorist attacks killed four and injured 34 civilians in Israel during the year; such attacks killed three at the start of
hostilities on December 27 and 29, 2008. There were 125 rockets and 70 mortar shells fired into Israel from Gaza since the end of
Operation Cast Lead on January 21, and 850 rockets and mortar shells during the hostilities, compared with 1,750 rockets and 1,528
mortar shells in 2008.
In response to a sharp increase in the number and frequency of rocket attacks into Israel prior to and following the expiration of Hamas'
agreed period of "calm" on December 19, 2008, the Israeli Air Force launched Operation Cast Lead, consisting initially of airstrikes on
December 27 against Hamas security installations, personnel, and other facilities in the Gaza Strip, followed on January 3 by ground
operations. Hostilities between Israeli forces and Hamas fighters continued through January 18, and the Israeli withdrawal of troops was
completed on January 21. Human rights organizations estimated the number of dead at close to 1,400 Palestinians, including more than
1,000 civilians, and the wounded at more than 5,000. According to government figures, Palestinian deaths totaled 1,166, including 295
noncombatant deaths. The discrepancy over civilian deaths largely centered on whether the 248 Hamas police officers killed were
considered civilians. There were 13 Israelis killed, including three civilians. Further information on the human rights situation in Gaza and
the West Bank is in the Annex.
The President of the UN Human Rights Council (HRC) established the United Nations Fact Finding Mission on the Gaza Conflict to
investigate Israeli violations of international human rights and humanitarian law in the context of military operations in Gaza, whether
before, during, or after Operation Cast Lead. On September 29, Justice Richard Goldstone, who headed the mission, presented the
report (commonly known as the "Goldstone report") to the HRC in Geneva. The Goldstone report investigated 36 incidents of alleged
violations by the IDF in Gaza, as well as alleged violations by Palestinians. This reflected an effort by Goldstone to broaden the scope of
his report beyond the original mandate, which was limited only to violations by Israel. Among its many conclusions, the report claimed
that members of the IDF were responsible for deliberate targeting of civilians, for the destruction of critical infrastructure in Gaza, and
for using weapons such as white phosphorous in highly populated areas, all of which it deemed to be violations of international
humanitarian law. The Goldstone report was widely criticized for methodological failings, legal and factual errors, falsehoods, and for
devoting insufficient attention to the asymmetrical nature of the conflict and the fact that Hamas and other Palestinian militants were
deliberately operating in heavily populated urban areas of Gaza. The government of Israel also sharply rejected the charge that it had a
policy of deliberately targeting civilians. IDF military advocate general Mandelblit was responsible for reviewing all allegations relating to
Operation Cast Lead, including those contained in the Goldstone Report. At the end of the year, Mandelblit's investigations were ongoing.
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29 July 2010
Human Rights Committee
Ninety-ninth session
Geneva, 12–30 July 2010
Consideration of reports submitted by States parties under article 40 of the Covenant
Concluding observations of the Human Rights Committee
Israel
A. Introduction
2. The Committee notes the submission of the State party’s third periodic report, which provides detailed information on measures
adopted by the State party to further the implementation of the Covenant. While also noting the written replies to the list of issues
(CCPR/C/ISR/Q/3/Add.1), it regrets their late submission. It also regrets the absence of disaggregated data and of any substantive
answer to questions 3, 11, 12, 16, 18, 19, 20, 24 and 28. The Committee appreciates the dialogue with the delegation, the answers
provided orally during the consideration of the report and the additional written submissions.
3. The Committee notes and recognizes Israel’s security concerns in the context of the present conflict. At the same time, it
stresses the need to observe and guarantee human rights, in accordance with the provisions of the Covenant.
B. Positive aspects
4. The Committee welcomes the following legislative and other measures, as well as ratifications of international human rights
treaties:
(a) Investigation and Testimony Procedures Law (Adaptation to Persons with Mental or Psychological Disability) 5765-2005 (the
“Investigation and Testimony Procedures Law (Adaptation to Persons with Mental or Psychological Disability)”);
(b) Anti Trafficking Law (Legislative Amendments) 5766-2006, (the “Anti Trafficking Law”);
(c) Gender Implications of Legislation Law (Legislative Amendments) 5768-2007, which imposes the duty to systematically
examine gender implications of any primary and secondary legislation before it is enacted by the Knesset;
C. Principal subjects of concern and recommendations
5. The Committee reiterates its view, previously noted in paragraph 11 of its concluding observations on the State party’s second
periodic report (CCPR/CO/78/ISR) and paragraph 10 of its concluding observations on the State party’s initial report (CCPR/C/79/Add.
93), that the applicability of the regime of international humanitarian law during an armed conflict, as well as in a situation of occupation,
does not preclude the application of the Covenant, except by operation of article 4, whereby certain provisions may be derogated from in
a time of national emergency. The Committee’s position has been endorsed, unanimously, by the International Court of Justice in its
Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Advisory Opinion, I.C.
J. Reports 2004, p. 136), according to which the Covenant is applicable in respect of acts done by a State in exercise of its jurisdiction
outside its own territory. Furthermore, the applicability of the regime of international humanitarian law does not preclude accountability
of States parties under article 2, paragraph 1, of the Covenant for the actions of their authorities or agents outside their own territories,
including in occupied territories. The Committee therefore reiterates and underscores that, contrary to the State party’s position, in the
current circumstances, the provisions of the Covenant apply to the benefit of the population of the occupied territories, including in the
Gaza Strip, for all conduct by the State party’s authorities or agents in those territories affecting the enjoyment of rights enshrined in the
Covenant (arts. 2 and 40).
The State party should ensure the full application of the Covenant in Israel as well as in the occupied territories, including the West Bank,
East Jerusalem, the Gaza Strip and the occupied Syrian Golan Heights. In accordance with the Committee’s general comment No. 31,
the State party should ensure that all persons under its jurisdiction and effective control are afforded the full enjoyment of the rights
enshrined in the Covenant.
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Freedom In The World 2010 Report
Political Rights Score: 1
Civil Liberties Score: 2
Status: Free
Explanatory Note
The numerical ratings and status reflect conditions within Israel itself. Separate reports examine the Israeli-occupied
territories and the Palestinian-administered areas.
Overview
In January, Israeli forces concluded a major military campaign against the Islamist militant group Hamas in the Gaza Strip in an effort to
halt rocket fire into Israel. The incursion, which had begun in December 2008, drew accusations of war crimes from international
human rights groups and a UN Human Rights Council investigation. While the incumbent centrist Kadima party won the most seats in
February’s parliamentary elections, the rightist Likud party succeeded in forming a governing coalition, and Benjamin Netanyahu
succeeded Kadima’s Tzipi Livni as prime minister in April.
Olmert resigned in September 2008 after being charged in a corruption case. Foreign Minister Tzipi Livni replaced him, but she was
unable to form a new majority coalition in the Knesset (parliament), prompting early elections in February 2009. While Kadima led with
28 seats, Likud (27 seats) ultimately formed a mostly right-wing government with the secular nationalist Yisrael Beiteinu (15 seats), Shas
(11 seats), and other parties. The center-left Labor Party (13 seats) also joined the coalition, leaving Kadima in opposition. The new
government, headed by Likud leader Benjamin Netanyahu, took office in April.
Meanwhile, Israeli-Palestinian violence continued. Hamas had seized control of the Gaza Strip in June 2007, creating a rift with the Fatah-
dominated West Bank. Israel thereafter regarded Gaza as a hostile entity and imposed an economic blockade, allowing only limited
amounts of humanitarian aid through its border crossings. In June 2008, Israel and Hamas implemented a six-month truce agreement,
leading to a significant decrease in clashes in and around Gaza. Separately, Israel had pursued accelerated peace talks with the Fatah-led
PA in the West Bank. However, despite a series of confidence-building measures and increased involvement by the United States, any
breakthrough remained far off by the end of 2009.
After the six-month truce expired and Hamas ramped up its rocket bombardment of Israeli towns near the Gaza border, the IDF in
December 2008 launched a major offensive, including near-daily air strikes and a ground invasion. Israel declared a unilateral ceasefire in
late January 2009, with Hamas following suit soon thereafter. Israeli forces had destroyed large swathes of Gaza’s military, government,
and civilian infrastructure; according to the British Broadcasting Corporation (BBC), more than 4,000 buildings were destroyed, with
20,000 severely damaged. Human casualty figures remained in dispute: while the Palestinian Centre for Human Rights reported 1,434
Palestinians killed, including 960 noncombatants, the IDF reported 1,166 Palestinians killed, including 295 to 460 noncombatants.
Thirteen Israelis were killed, including three civilians.
International and domestic human rights organizations accused Israel of using excessive force and imposing collective punishment on
Gaza residents, citing the casualty figures, destroyed civilian infrastructure and homes, the IDF’s allegedly illegal use of white
phosphorus, and austere humanitarian conditions stemming in part from the blockade. Amnesty International and Human Rights Watch
accused Israeli forces of war crimes, as did a UN Human Rights Council investigation led by South African jurist Richard Goldstone.
The Israeli government, which did not cooperate with the Goldstone probe, vociferously denied these charges, arguing that the campaign
was necessary to protect Israeli civilians from Gaza-based rocket fire and that Palestinian civilian casualties were caused primarily by
Hamas and other militant groups’ use of civilian areas to stage and prepare attacks. Hamas and other Palestinian militant groups were
also accused of war crimes for indiscriminately firing over 700 rockets into Israeli civilian areas during the war.
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ICC should decide on Gaza conflict investigation
27 September 2010
Amnesty International has urged the International Criminal Court (ICC) to decide on whether it can investigate alleged war crimes and
crimes against humanity committed during the 2008-9 conflict in Gaza and southern Israel.
The Human Rights Council must make the same call after it considers today a report by a committee of independent experts highlighting
the continuing failures of both the Israeli and Hamas authorities to investigate violations of international law that were documented more
than a year ago by a UN fact-finding mission headed by Judge Richard Goldstone.
"Both Israeli and Hamas authorities have been given adequate time and opportunity to ensure justice for the victims, yet they are both
failing to do so," said Widney Brown, Senior Director of International Law and Policy, Amnesty International. "An international justice
solution must now be found."
Neither Israel nor the Palestinian Authority (PA) has ratified the Rome Statute. However, in January 2009, the PA declared that it
accepted the ICC's jurisdiction over all crimes committed in the territory of Palestine since July 2002.
If that declaration is valid, under the ICC's rules it would cover all crimes committed during the conflict, both in Gaza and in southern
Israel.
"Victims have waited long enough," said Widney Brown. "It's now time the ICC Prosecutor sought a decision on whether the Palestinian
declaration submitted in 2009 allows him to act. If the Pre-Trial Chamber determines that the ICC has jurisdiction, the Prosecutor should
open an investigation into crimes committed by both sides during the Gaza conflict, without delay."
Amnesty International has called on national authorities of all states to investigate and prosecute crimes committed in the Gaza conflict
before their national courts on behalf of the international community, said Widney Brown, noting that all states can prosecute war crimes
and crimes against humanity – regardless of where they are committed.
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Israel: US Veto on Settlements Undermines International Law
Resolution Seeks End to Illegal Promotion of Settlements in Occupied West Bank
February 18, 2011
(New York) - The US veto of a proposed United Nations Security Council Resolution calling upon Israel to end illegal policies that
promote settlements in the occupied West Bank, including East Jerusalem, undermines enforcement of international law, Human Rights
Watch said today. The Geneva Conventions, to which Israel is a party, prohibit the transfer of a country's civilian population into
territory it occupies.
"President Obama wants to tell the Arab world in his speeches that he opposes settlements, but he won't let the Security Council tell
Israel to stop them in a legally binding way," said Sarah Leah Whitson, Middle East director at Human Rights Watch.
The Fourth Geneva Convention of 1949 explicitly prohibits an occupying power from transferring its civilian population into occupied
territory. Notwithstanding this ban, almost half-a-million Jewish Israelis with Israeli government support have moved into settlements it
has constructed in the Occupied Palestinian Territories, and formally annexed occupied territory in East Jerusalem, a move not
recognized by any other government in the world. The International Court of Justice in a 2004 advisory opinion noted the
widely-accepted view that the Geneva Conventions not only prohibit forced population transfers, "but also any measures taken by an
occupying Power in order to organize or encourage transfers of parts of its own population into the occupied territory."
Israeli settlement policies also violate international human rights prohibitions against discrimination. Human Rights Watch recently
documented Israel's two-tier system for the Palestinian and Israeli Jewish populations in the 60 percent of West Bank area that Israel
controls and in East Jerusalem. Israeli policies deliberately withhold basic services from Palestinians, causing tremendous hardships by
preventing and punishing the construction of homes and infrastructure for their communities, while providing generous financial benefits
and infrastructure for Jewish settlements. Such differential treatment lacks any security rationale, but is meted out on the prohibited
basis of race, ethnicity, and national origin.
UN sources told Human Rights Watch that the US government attempted to persuade the Palestinian Authority to forgo a vote on the
resolution by offering to support a statement from the Security Council president condemning settlements as "illegitimate," instead of
clearly identifying them as "illegal," as provided in the resolution.
As a party to the Geneva Conventions, the United States is obligated "to respect and to ensure respect for the present Convention in all
circumstances."
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Statement on A/64/L.48, "Report of the Human Rights Council" (Agenda Item 64)
Statement by Ambassador Gabriela Shalev
Permanent Representative
General Assembly, 26 February 2010
Thank you, Mr. President.
We are convened here today to vote on a draft resolution presented by the Arab Group in reaction to the Secretary-General’s report of
February 4th 2010.
In the aftermath of Operation Cast Lead, Israel is conducting and will continue to conduct, investigations that are independent, credible
and in conformity with international law. Such investigations are conducted by us after any military operation, as part of our law and
practice. The investigations after Operation Cast Lead are detailed in the reports of the State of Israel that were shared, and will continue
to be shared, with the United Nations.
On the other hand, the Palestinian submission to the Secretary-General cannot genuinely address the conflict between the State of Israel
and the Hamas terrorist entity. For who exactly is the “Palestinian side” in the proposed resolution, the side urged to undertake
“investigations that are independent, credible, and conform to international standards?”
Can the Palestinian Authority conduct an investigation in Gaza from which it was violently ousted in a bloody coup? Or, in contrast, do
we really believe that the terrorist Hamas organization will investigate its use of human shields, its appalling methods of targeting
civilians, and its cynical use of schools, hospitals, and mosques as weapons of terror?
The Goldstone Report fails to address the threat of asymmetric warfare and terrorism that uses civilians as shields and targets.
Let me state clearly: Israel will never neglect its duty to defend her citizens, her existence, her democracy, and her freedom. We will do
so with vigor –– against Hamas, Hizbullah, or any other terrorists, wherever they may be. As Israel faces this existential threat, we
remain committed to acting in accordance with international law and the law of armed conflict.
This basic obligation is a reflection of our values as a democracy, and our belief that human life must be protected. It is this belief that
drives our call to resume peace negotiations without preconditions. It is this belief that drives our desire for peace.
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"An Artificial Night"
News
An op-ed by ACRI Director Hagai El-Ad
Update:12/09/2010
Good theater is meant to reveal what reality would whitewash, to give meaning to a text and to unleash deep currents. Taking this
viewpoint, the letter of the "conscientious-objector performers" has the potential to be the best show in town, if we only decode the true
meaning of the text.
What follows is an attempt to do that: What does the present public furor really say about us? First, the casual way in which the
"objecting actors" are marked as refusing to perform. In today's Israel there are draft refusers, there are those who refuse to serve in the
territories and now also theater refusers. As though just as there is a duty to enlist at the age of 18, actors have a duty to serve - excuse
me, to perform - in plays presented in the territories. One can support the actors' moral-political stance or fight it - both approaches are
part of legitimate democratic discourse. However, the public's inherent perception of the actors' approach as "refusing an order," and the
fact that this is taken as self-evident, says something far deeper and far more disturbing about the society in which we live.
If the prevailing public conception is that there is a "duty" to serve, and to perform, in the territories - if everything is the same and there
is no distinction between soldiers and civilians - then what sort of society do we live in? When exactly was the theater drafted into the
army of occupation? In states where fascist worldviews reign all citizens are tools in the hands of the regime, everyone is always
mobilized for "the national goals." In contrast, in states espousing a democratic worldview, civil protest is not only self-evident but
essential. Performing in the territories is not a national duty, but a matter of great public debate.
Here we come to the second element that was uncovered in the temple of culture in Ariel: the occupation. Uncovered? More accurately,
what was again uncovered is the solidification of the occupation, its depth and the absolute silence concerning the situation of the
Palestinians in the face of the Israelis' interests.
Certainly good theater on a good stage is important. After all, how can one conceive of a modern city without a university, a theater and
hundreds of thousands of Palestinians living around it under a military regime?
It may be possible to understand the intensity of the feelings generated by the actors' refusal to perform in Ariel. What is impossible to
accept is the flagrant hypocrisy of those who are capable of getting worked up over this issue but who remain utterly indifferent to the
fate of the hundreds of thousands of people for whom good theater is not a top priority because they are bothered by prosaic matters
such as checkpoints, home demolitions, arrests and various other aspects of the military rule they have lived under for more than 40
years.
This theater of the absurd, the total precedence of the settlers' interests over the rights of the Palestinians, has been running for many
years. The new auditorium in Ariel is a largely marginal, though symbolic, episode in this tragedy.
Regrettably, it is a tragedy that will be with us for many years to come. In the meantime, there's hope that we will see increasing
numbers of Israelis opposing the occupation. Shakespeare's words in "Romeo and Juliet" are apposite to the dominant public mood
prevailing in Israel: "Shuts up his windows, locks far daylight out / And makes himself an artificial night." Until the curtain falls on the
occupation we will know no light, not even at high noon. That's what happens when you create an artificial night for another nation.
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TRANSLATED FROM HEBREW BY GOOGLE TRANSLATE
Wiretaps in criminal investigations
Jerusalem, Tammuz Ahats"a, June 2010
1. By the Israel Police State Attorney's Office was appointed one of the most important areas of the modern state - to protect the public
and ensure his safety. Them to act to prevent violations, capturing criminals and prosecute, maintain public order and security of life and
property. So police could carry out its functions entrusted to her powers start to take appropriate measures including, inter alia, tracking
suspects, surveillance, intelligence gathering and wiretapping their conversations of suspects for investigation or prevention of a felony
offense.
Wiretapping importance in the fight against crime and very central. At the same time remember that permit wiretapping gives great
power in the hands of the listener and infringes upon the suspect and other rights in connection with him. It requires restraint force
requires the use of discretion with caution. The double duty of the police - investigation for promoting and maintaining a consistent
individual rights than that - puts her complex and requires it to maintain the proper balance between the two.
2. On -6.7.08 Israeli government decided to make a request from the state comptroller reviews under his authority pursuant to the
provisions of section 21 of the State Comptroller, 1958 [Consolidated Version], about wiretapping in criminal investigations, methods of
implementation and use of Abthocariane. However, in light of complaints raised this matter in recent years.
To prepare the opinion formed a team headed by the state comptroller with managers and staff responsible for audit bodies concerned,
most important of which - the police and prosecution. There is also the State Comptroller discussions with a wide range of sources who
have information about the subject so they can shed light on various issues in this matter, including law enforcement agencies (police
and prosecution), defense attorneys, defendants and various public figures. During the test the state Comptroller's Office received
complaints about how the use of wiretapping, including the complaint of Mr. Haim Ramon, a former Justice Minister and Deputy Prime
Minister, the way they work of the police and prosecution in the context of prosecution and trial and regarding non-transfer products of
wiretaps of his attorney. Complaints were examined and some of the complainants and their attorneys also heard oral.
3. This opinion of the State Comptroller reviews the procedures for the regulation of wiretapping and implementation of norms in this
field by law enforcement authorities. Test findings complaint of former minister Haim Ramon are the opinion in detail, but are only an
example of ways of implementing these norms.
Examination revealed that in recent years were deficiencies in the work of enforcement agencies wiretapping issue, derived from the
absence of clear rules for wiretaps and use Abthocariane and non - implementation of existing rules. This issue was settled gradually
over the years and recently arranged a comprehensive manner, befitting the importance and sensitivity. However, the rules and
procedures is not enough to be raised in writing. Main tenets is Belimodma, Abshinonm, Bahtmaatam internalizing the principles that are
basically doing the job.
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Shimon Peres
President since 15 July 2007
None reported.
Silvan Shalom and Moshe Ya'alon
Vice Prime Ministers since 31 March 2009
Ehud Barak, Avigdor Liberman, Dan Meridor and Eliyahu Yishai
Deputy Prime Ministers since 31 March 2009