Wednesday, October 01, 2003

The Pillars of the Temple...

"...collapsing like a cheap Jerusalem wedding hall"


U.N. Special Report Damns Israeli Human Rights Violations

Temporary measures...? [AP Photo / Mohammed Azba]
Temporary Measures

But is this why we created a state? The Jewish people did not survive for two millennia in order to pioneer new weaponry, computer security programs or anti-missile missiles. We were supposed to be a light unto the nations. In this we have failed. ... It turns out that the 2,000-year struggle for Jewish survival comes down to a state of settlements, run by an amoral clique of corrupt lawbreakers who are deaf both to their citizens and to their enemies. A state lacking justice cannot survive. More and more Israelis are coming to understand this as they ask their children where they expect to live in 25 years. Children who are honest admit, to their parents' shock, that they do not know. The countdown to the end of Israeli society has begun.

Avraham Burg Former Speaker of the Knesset

The Israeli Cabinet's vote today to approve construction of the next phase of the Separation Wall penetrating deep inside the West Bank coincides with the release of a report, Question of the Violation of Human Rights in the Occupied Arab Territories, Including Palestine, by the U.N. Special Rapporteur of the Commission on Human Rights, Professor John Dugard.

CNN reports: "...the plan authorizes the beginning of construction of barriers east of Ariel and four other Jewish settlement blocks -- Beit Arieh-Elkana, Nili-Naaleh, Gush Etzion-Efrat and Yatir-Sussia -- all deep inside the West Bank. Those barriers will not be connected to the main security barrier, at least for now. ... In addition, the plan approves the continued construction for the central section of the security barrier from Elkana in the north to the Ofer army base just north of Jerusalem."

Released in Geneva, Switzerland for consideration by the U.N. Human Rights Commission early next year, Dugard's report concludes (41):
The occupation of the OPT continues to result in widespread violations of human rights, affecting both civil and socio-economic rights, and of international humanitarian law. Israel's justification for these actions is that they are necessary in the interests of its own national security. As indicated at the beginning of this report, the lawfulness of Israel's response is to be measured in accordance with the principle of proportionality. The Special Rapporteur finds it difficult to accept that the excessive use of force that disregards the distinction between civilians and combatants, the creation of a humanitarian crisis by restrictions on the mobility of goods and people, the killing and inhuman treatment of children, the widespread destruction of property and, now, territorial expansion can be justified as a proportionate response to the violence and threats of violence to which Israel is subjected. As stressed in this report, the construction of the Wall within the West Bank and the continued expansion of settlements, which, on the face of it, have more to do with territorial expansion, de facto annexation or conquest, raise serious doubts about the good faith of Israel's justifications in the name of security."
Dugard is Emeritus Professor of Law at the University of the Witwatersrand, the Professor of Public International Law at the University of Leiden, and a Member of the International Law Commission.

CNN ends its report: "Israel accused Dugard -- the U.N. expert on human rights in the Palestinian territories -- of bias and said it was acting in legitimate self-defense, according to AP."

Associated Press has incoming Palestinian prime minister Ahmed Qureia denouncing the Israeli vote. He says it could destroy peace efforts and alleges Israel is taking the action to hinder any agreements. He demands that the U.S. intervenes to stop the Wall's construction.

VOANews.com fields reaction from Israel: "Israel's ambassador to the United Nations in Geneva, Yaakov Levy, describes the report as one-sided and politically biased. He says it emanates from a fundamentally flawed mandate. ... 'His report disregards the context of continuous violence directed against Israeli civilians since September 28, 2000, in which close to 900 Israelis have been killed and thousands wounded,' he said. 'When judged against such background, Israel's self-defense measures, including a security fence being constructed to prevent suicide bombers from entering Israel, would appear proportional as well as within her right to self-defense.'"

Dugard preemptively refutes Levy's attack on his mandate and accords a paragraph (2) to Israel's refusal to recognize his position:
"Unfortunately, the Government of Israel continues to withhold its cooperation from the Special Rapporteur. In part, the Special Rapporteur's failure to hear the Government's response to the issues described in this report was overcome by attendance at the presentation of Israel's second periodic report (CCPR/C/ISR/2001/2) on its compliance with the International Covenant on Civil and Political Rights (ICCPR) before the Human Rights Committee on 24 and 25 July 2003. This two-day dialogue between representatives of the Government and the Human Rights Committee covered many of the issues considered in the present report and provided the Special Rapporteur with a clear understanding of the Israeli position. In the course of its presentation, the Government reiterated its argument that its actions in the OPT are to be measured against the rules of international humanitarian law and not those of international human rights law, contained in ICCPR. The Human Rights Committee confirmed that it was unable to accept this argument and reaffirmed its determination to judge Israel's actions in terms of both these legal regimes. This remains the approach of the Special Rapporteur."
Noting "...the task of the Special Rapporteur is to report on facts...", Dugard's report constitutes an objective litany of human rights abuses. Knesset member Avraham Burg couches the current situation in Israel / Palestine in the language of one of those affected by Israel's continued flagrant disregard for those it oppresses with increasing viciousness.

This cannot work. Even if the Arabs lower their heads and swallow their shame and anger forever, it won't work. A structure built on human callousness will inevitably collapse in on itself. Note this moment well: Zionism's superstructure is already collapsing like a cheap Jerusalem wedding hall. Only madmen continue dancing on the top floor while the pillars below are collapsing. ... Do you want democracy? No problem. Either abandon the greater Land of Israel, to the last settlement and outpost, or give full citizenship and voting rights to everyone, including Arabs. The result, of course, will be that those who did not want a Palestinian state alongside us will have one in our midst, via the ballot box. ... That's what the prime minister should say to the people. He should present the choices forthrightly: Jewish racialism or democracy. Settlements or hope for both peoples. False visions of barbed wire, roadblocks and suicide bombers, or a recognized international border between two states and a shared capital in Jerusalem.

Primary Sources
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