Topic B: Human Rights Violations in the Israel/Palestine Conflict Human Rights Council By: Skylar Wilson
Introduction The conflict between Israel and Palestine has been occurring for nearly 70 years, and has continuously worsened over the years. Both Israeli and Palestinian citizens alike have suffered greatly from the conflict, with numerous human rights violations having been endured. The purpose of this council is not to discuss the conflict itself; rather, the human rights violations within the conflict. This council will focus on the human rights violations such as torture, imprisonment without trial, and disruption of free movement. This council will also consider the rights of all peoples involved in the conflict, Israelis and Palestinians alike. While many infractions have been committed by Israel, the rights of the people themselves of both nations are a vital consideration. Background Information In 1947, the United Nations recommended for Palestine to be divided into two separate states, one for Jewish people and one for Arabs. Conflict arose shortly after, as Palestinians found this two-state plan to be an injustice, because Jews were a minority in Palestine, owning only 10% of the land at the time; yet the Jewish state was given 55% of the land. 1 War began shortly after; a war known as the War of Independence to Israelis, and the Catastrophe by Palestinians. In 1967, tension continued as Israel seized land in Egyptian, Syrian, and Jordanian territories, and Israelis began to settle further into Palestine's territory. Between 1967 and present day, Israel has claimed all of what was formerly Palestine, except for the West Bank and the Gaza Strip.. Since Israel has claimed sovereignty over the area, the Israeli government has committed many human rights violations, such as torture, imprisonment without trial, and 1 "Origin"
disruption of Palestinian commerce, medical care, and free movement. Article five of the Universal Declaration of Human Rights states, "no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment." Though the rate of torture of Palestinian detainees has declined, it still remains a pressing issue. Forms of torture used in the interrogation of Palestinian people include but are not limited to: sleep deprivation, beatings, kicking, bending the body into painful positions, verbal abuse, and exploitation of family members. 2 The exploitation of family members was an unknown form of torture before it was used by the Israeli government. It causes extreme emotional distress, which is said to be more severe than physical torture. 3 Furthermore, children are being arrested by the Israeli police and are receiving ill-treatment, torture, and are even being used as human shields in some cases. 4 Article ten of the Universal Declaration of Human Rights states, "everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him." Administrative detention is detention without charge or trial; which international law has placed rigid restrictions on, as it is widely abused. Under Article 78 of the Fourth Geneva Convention, administrative detention is legal, but only for security reasons, and can never be substituted as a criminal trial. It is estimated that Israel has approximately 285 Palestinians currently under 2 "1999" 3 Ibid. 4 "Palestinian"
administrative detention. 5 Over the past few years of conflict, thousands of Palestinians have been held in Israeli administrative detention; with the maximum number of people ever held being 1,794 people. 6 In 2013, 219 of the people held in administrative detention were minors. Israeli legislation explicitly allows administrative detention, under the Internment of Unlawful Combatants Law of 2002; which allows Israel to detain a person who has taken part in hostilities against the state. 7 Large groups of people are often detained at the same time under this law. Moreover, Palestinian people are denied the rights to food, medical services, education, free trade, and the right to free movement. In 2003, a wall was constructed around the West Bank by the Israeli government, meant to protect Israeli citizens from Palestinian terrorist attacks. This wall reduces the freedoms of Palestinian people. Most residents of the Gaza Strip are forced to seek humanitarian aid, as food is scarce due to the wall. Water shortages have also occurred in Gaza, because Palestinians can only draw a certain amount of clean water from an aquifer, and Israel blocks the free trade Gaza would need to receive clean water from other nations. The wall also denies Palestinians the right to access healthcare facilities. After thousands of adults have lost their lives to the conflict or the 5 "Statistics" 6 Ibid. 7 "Incarceration"
poor health conditions, 46% of the current Palestinian population is under fifteen years old. 8 Also, 13% of children under five years old in Gaza exhibit stunted growth because of malnutrition. Education is also limited because of the occupation of Palestinian territories. More than one million children are enrolled in schools, yet the education system in Palestine is deteriorating due to lack of classrooms, poor quality facilities, and restricted access to education because of various obstacles. Many children experience harm as they commute to school, as many have to walk through closed military zones. 9 This has caused a sharp increase in dropout rates, and many children not to reach standard education achievements for their age. International Involvement Many UN bodies are focused on human rights violations in this conflict, as it is a pressing issue. On July 23, 2014, the United Nations Human Rights Council met to discuss the human rights situation in the Occupied Palestinian Territory, and passed A/HRC/S-21/1. This resolution was passed to address the lack of action taken for the violations of international law, and demands for Israel to immediately end the collective punishment of Palestinian civilians. This resolution also decided to send an independent commission of inquiry to investigate all violations of international human rights laws in the Occupied Palestinian Territory. The United Nations Committee against Torture passed resolution CAT/C/ISR/Q/4 on May 15, 2009, which listed concerns about Israeli interrogation methods, specifically the use of torture in interrogations. The United Nations Office for the Coordination of Humanitarian Affairs publishes annual, monthly, and weekly reports on human rights violations in the 8 "Health" 9 "Protection"
Occupied Palestinian Territory. They discuss many violations in the multi-faceted issue, such as forced displacement, restriction on movement, blockage of humanitarian aid, child casualties, excessive use of force, and arrests and detentions. These reports also establish a path to stop further violations. The United Nations International Covenant on Civil and Political Rights passed resolution CCPR/C/ISR/CO/3 on July 30, 2010. This resolution concentrates on how Israel should stop using administrative detention, especially for children, and how the military blockade of the Gaza Strip needed to be lifted. In May 2011, the United Nations World Health Assembly passed a resolution on health conditions in the Occupied Palestinian Territory including East Jerusalem, which recognized the impact of the lack of availability and access to curative and preventive health services. It also discussed malnutrition in the Occupied Palestinian Territory. There are a multitude of non-governmental organizations that have spoken on the matter, such as the Independent Human Rights Commission of Palestine, Action Contre la Faim International, BADIL Resource Centre for Palestinian Residency and Refugee Rights, the International Institute for Peace, Justice and Human Rights, Human Rights Watch, Amnesty International, and the International Federation for Human Rights League. Many of these organizations have provided aid to Palestinian people in need, but have been faced with great hostility from the Israeli government, which makes delivering aid extremely difficult. Conclusion Though many nations and international bodies have discussed the human rights violations in the conflict between Israel and Palestine, little has been done to cease these violations from
happening; though many resolutions have been instituted from international bodies. Palestinians are subjected to torture and detainment without trial, and are refused the right to clean water, food, medical service, and free movement, as well as humanitarian aid. Therefore, debate on this topic should focus on what can be done to prevent further violations from happening, and holding perpetrators of these violations accountable. Guided Questions 1. What relationship does your nation have with Israel? Palestine? Consider trade in resources and arms. 2. Has your nation ever dealt with similar human rights situations? If so, what actions have been taken to solve the conflict? If not, how has your nation prevented these violations? 3. Has your nation sponsored or signed any resolutions dealing with the conflict, especially in regards to human rights conflicts? 4. Which UN entities does your nation belong to, or has your nation belonged to in the past, that has specifically dealt with either the conflict or torture in general?
Works Cited "The Origin of the Palestine-Israel Conflict." The Origin of the Palestine-Israel Conflict. Jews for Justice in The Middle East, n.d. Web. <http://www.ifamericansknew.org/history/origin.html>. Freudenthal, Gideon. "1999 to the Present." Public Committee Against Torture in Israel, n.d. Web. <http://www.stoptorture.org.il/en/skira1999-present>. Nebehay, Stephanie. "Palestinian Children Tortured, Used as Shields by Israel: U.N." Reuters. Thomson Reuters, 20 June 2013. Web. <http://www.reuters.com/article/2013/06/20/us- palestinian-israelchildren-idusbre95j0fr20130620>. "Statistics on Palestinians in the Custody of the Israeli Security Forces." B'Tselem. N.p., 10 Sept. 2014. Web. <http://www.btselem.org/administrative_detention > "Incarceration of Unlawful Combatants Law." (2002): n. pag. Jewish Virtual Library. Jewish Virtual Library. Web. <https://www.jewishvirtuallibrary.org/jsource/politics/incarcerationlaw.pdf>. Mahmoud, Adel. "Health Challenges in Palestine." Science & Diplomacy. N.p., 3 May 2013. Web. <http://www.sciencediplomacy.org/perspective/2013/health-challenges-in- palestine>. Protection Issues Affecting Access to Education in the West Bank (2012): Occupied Palestinian Territory. United Nations Office for the Coordination of Humanitarian Affairs. Web. <http://www.ochaopt.org/documents/ochaopt_education_cluster_access_to_education_final_report_marc h_2012.pdf>