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International Action Center

ISRAELIS SHELL PALESTINIAN NEIGHBORHOODS
'I want to send this missile back to Clinton'

[The following is the third report from a four-person delegation from the International Action Center from their humanitarian and fact-finding mission to Palestine during what is being called the Al Aqsa Intifada, or uprising. The delegation aims to bring back a first-hand report documenting the repression inflicted by the Israeli army and to bring medical supplies for Palestinian hospitals, which have been declared a state of medical emergency. The Emergency is caused by the dual problem of the heavy casualties inflicted by the Israeli repression and the inability of sick and wounded people to pass through Israeli checkpoints on their way to the hospital. The IAC delegation includes Richard Becker, Sara Flounders, Randa Jamal and Preston Wood.]

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Shelling from Israeli tanks and helicopter gun ships into Palestinian towns escalated Oct. 30 as the death toll from the repression rose to 151 Palestinians by official count, plus eight Israelis. Scores of Palestinians in both Gaza and the West Bank were wounded.

Near midnight an announcement came over the television that everyone in the entire Palestinian nations was to go to the center of the town they lived in to demonstrate against the shelling by the Israeli army. It was a call for a massive national demonstration, taking place past midnight.

The four-person International Action Center delegation was in Ramallah, where they hoped to make their second delivery of medicines and dressings to the hospital the next morning. In the meantime Ramallah joined the list of towns targeted by the Israeli army.

From the rooftop near the family's home where they was staying, IAC delegation members could see and hear the step up in shelling from tanks. This is how IAC Western Regional Coordinator Richard Becker described it:

"At about 10:30 local time we saw a rocket attack from what we believe was an Apache helicopter some distance from the house that we're staying in. A plane that was flying over, we could see that, we saw a flare and then a large explosion took place possibly within a mile, mile and a half.

"We went immediately to the site and it turned out that a very small building from the Fatah organization had been rocketed in a residential neighborhood in Ramallah's twin city, El-Bireh.

"When we arrived on the scene there were many people on the streets. There's no other commercial or offices in this neighborhood, all the rest of the neighborhood was residential. The rocket hit the Fatah office, which is something like I would say six feet by 12 feet, a really a tiny office.

"Then we went immediately across the street to see the widespread damage to the residential apartments. We went inside to talk with the people inside the apartments, which all had the glass blown off in the front of buildings. There were pieces of the rocket inside the apartment, on the floor.

"By very great fortune none of the people were injured. We interviewed a 7-year-old boy who was very scared and a 13 year old and a 16-year- old girl who were terrified. Fortunately, their mother, a U.S. citizen who lives most of the time in Birmingham, Alabama, had heard the planes and the helicopters outside the house had brought the children into the center of the house in the hallway and had them on a mattress.

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Al Haq

Al-Haq calls for the Prosecution of Perpetrators of Extra- Judicial Killing of Fourteen Year-Old Ala’a Mohammad Mahfouz

Based upon an investigation conducted by al-Haq into the shooting death of 14 year- old Ala’a Mohammad Mahfouz from al-Arroub Refugee Camp, north of Hebron, al-Haq concludes that:

1. The Israeli soldier’s life was not in danger when he shot Ala’a. The soldier in question was not acting in accordance with "IDF" Regulations.

2. The Israeli soldier was acting with the deliberate intent to kill, constituting an extra-judicial killing.

Al-Haq gathered the following information from eyewitness testimonies surrounding the shooting death of Ala’a Mohammad Mahfouz. Below is a summary of the testimonies: On October 6, 2000 there were confrontations in Al-Arroub camp between Palestinian protestors and the Israeli Occupying Forces. Tear gas, rubber bullets and live ammunition were being used by the Israeli Forces. Ala’a was throwing stones from his rooftop when he hit an Israeli soldier, lightly wounding him. Another Israeli soldier witnessed the incident. Ala’a’s father was afraid the soldier would take revenge on Ala’a so he ordered him into the house. Fifteen metres away from the house of Ala’a, an Israeli soldier stood waiting. The clashes continued for several hours. Later, Ala’a went out on his porch with a cup of tea and was shot in the head by an Israeli soldier standing 10 metres away (by the short distance in which the shot was fired, it was clear that the soldier knew his target). Ala’a’s father was standing nearby when the shooting took place and quickly took Ala’a to Ahli Hospital. Ala’a was unconscious and bleeding badly. At around 7 pm that same day, an Israeli soldier stopped a young man Nasser Al-Badawi and spoke to him in Hebrew, as Nasser speaks Hebrew well. The soldier asked Nasser where he was going and Nasser replied that his friend was seriously injured and Nasser was now returning from the hospital. The Israeli soldier replied that he was the one who shot Ala’a because he was throwing stones. The soldier was certain that Ala’a would die from the injury. Nasser gave a full description of the Israeli soldier and this soldier has been seen many times shooting in al-Arroub Camp.Ala’a remained in the Ahli hospital for 4 days and was transferred to Saudi Arabia where he died on October 26, 2000. This shooting would indicate that Israeli soldiers are not acting according to their military regulations.

Regulations for the Israeli Occupying Forces (IDF) state that the soldier will use a weapon in the event of immediate “danger to life” and should not open fire towards women and children. The eyewitness testimonies of this incident clearly indicate that the Israeli soldier responsible for the death of Ala’a was not following (IDF) regulations. Aside from not following their own standards, the "IDF" is also acting in complete disregard of international humanitarian law and international human rights principles.

Al-Haq has fully documented this and similar incidents and reiterates that willful killing constitutes a grave breach of Article 146 and 147 of the Fourth Geneva Convention.Article 146 imposes an obligation on the States Parties to the Convention, especially those who have incorporated it into their domestic legislation, to search for and prosecute in their domestic courts those who commit grave breaches or order them to be committed.

Al-Haq is willing to make available all of its documentation related to this matter to those Parties of the Convention who wish to fulfill their obligations in domestic and conventional law.

Al-Haq calls upon the international community to form an investigative committee to study the circumstances of the death of Ala’a and other Palestinians who have been the victims of extra- judicial killings perpetrated by the Israeli Occupying Forces and Israeli settlers the 157 Palestinians that have been killed by the Israeli Occupying Forces since the beginning of the clashes.Al-Haq reiterates its call to the international community to form a war crimes tribunal and begin to prosecute those responsible for grave breaches.

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Emergency Committee of Beit Sahour,

"Shepherds' Emergency Refugee Camp - 2000"

An emergency camp has been set up in Beit Sahour in order to provide shelter for families whose homes have been destroyed or damaged by the Israeli occupation forces since the beginning of Al-Aqsa Intifada. The present situation for these families in Beit Sahour is yet one more traumatic event in the history of the Palestinian people since the catastrophe of 1948. In 1948, over one million Palestinians were made refugees who were dispersed into various camps in West Bank, Gaza, and abroad. Again, and as a result of the 1967 war, an additional half million Palestinians were made refugees. Today, after more than half a century since the catastrophe, Israel continues its occupation and terror over Palestinian cities, villages, and camps throughout the West Bank and Gaza.

In order to confront this aggression, the Palestinian resistance movement has been active in all areas and countries where Palestinians are living. The Intifada of Al-Aqsa, which began over one month ago, has brought together Palestinians in the West Bank, Gaza, Galilee, and the Triangle, and reveals the cruel reality of the Israeli occupation and its crimes. Al-Aqsa Intifada is an affirmation of Palestinian national rights: the right of refugees to return, the right to self-determination, the right to establish a sovereign Palestinian state with Jerusalem as its capital.

Admittedly, freedom and independence for the Palestinian people come at a high price. Since the beginning of Al-Aqsa Intifada, the occupation forces have continuously stepped up their assaults on the people of Beit Sahour, using combat helicopters, rockets, heavy machine guns, and banned ammunition. To date, eight homes have been completely destroyed, over 100 homes have been damaged in various ways, and over 130 families have been displaced. Those who have not been able to stay with relatives or friends now live in this emergency camp.

The policy of Israel in destroying homes, confiscating land, and uprooting trees is well-known and has been experienced by thousands of families since the emergence of Israel. The process of displacement causes not only financial hardship, but more importantly, serves to destroy the social, familial, and psychological well-being of Palestinians, especially children.

These facts serve to remind the international community in general, and the United Nations' Security Council and General Assembly in particular, that they have a direct responsibility to act immediately to put an end to Israeli terror against our people and to provide Palestinians with international protection as a step toward ending the occupation.

In addition to providing shelter for homeless families, the goals of this emergency refugee camp are the following: a. To facilitate lobbying and advocacy on behalf of the traumatized people of Beit Sahour b. To strengthen the ties of solidarity among the people of Beit Sahour c. To enhance the solidarity movement with our displaced brothers and sisters throughout our cities, villages, and camps d. to reaffirm the core of our cause, namely that there are four million Palestinian refugees who, after 52 years, are still fighting for and waiting for their right to return to their homes and homeland

The resistance will continue until our aims are reached. Let us work together so that depression does not conquer our minds and the minds of our children and families. There is no alternative to freedom and independence, no matter how vicious the reaction of the occupation.

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LAW

ONE DEAD, 276 INJURED 2 LAW FIELD RESEARCHERS INJURED IN RAMALLAH

For the 36th consecutive day, Israeli forces responded with lethal force against Palestinian demonstrators throughout the West Bank and Gaza, killing one and injuring 276, including 2 LAW field researchers.

This afternoon, Nahid Fate Ahmad Alloh, 21, from Gaza, but living in Tulkarem Refugee camp, died after being hit by live ammunition during clashes west of Tulkarem. The bullet entered the right side of his body and exited on the left side.

In the village of Sailat Athaher, near Nablus, Assad Abulrahman Hantouli was shot in the face with live ammunition. He is in serious condition at the Jenin hospital.

In Hizma village, outside Jerusalem, 30 Palestinians were injured during clashes with Israeli soldiers and settlers. Three were hit with live ammunition, and 27 were hit with rubber-coated metal bullets.

In northern Ramallah, by the City Inn, 158 were injured, 10 by rubber-coated metal bullets and the rest by tear gas. Two LAW field researchers, Hosam Rajab, 27, and Thuraya El Ayan, 43, were injured while monitoring the demonstration after Friday prayers in Ramallah. Hosam was shot with a rubber-coated metal bullet in his neck. He was standing 150 meters from the Israeli soldiers. Thuraya was hit with a rubber-coated metal bullet in her left thigh. They were taken to Al Mustakbal Hospital in Ramallah.

In Hebron 28 were injured, 2 by live ammunition.

In Bethlehem, 15 were injured by rubber-coated metal bullets; 1 was hit in the head.

In Jenin: near Al Jalame checkpoint, 20 were injured, 7 by rubber-coated metal bullets and 13 by tear gas. In Yab'ad (near Jenin), 9 were injured by tear gas. Israeli occupation forces are currently attempting to enter Yab'ad. Also, Israeli tanks have surrounded the village of al-Jalameh, near Jenin.

In Gaza, 6 were injured by rubber-coated metal bullets. In Khan Younis, a cameraman for Palestinian TV was injured. In Rafah, Israeli forces demolished 2 houses and injured 1 Palestinian at the Salah-Adin gate. At the Netzarim Junction, 1 was injured. At the Bourij Refugee Camp, 2 were injured. Kufar Darom, 1 was injured. At Karni, four were injured, one in the neck.

Israeli forces denied anyone under the age of 45 to enter the Haram Al Sharif in Jerusalem for Friday prayers.

Today Israeli forces re-deployed to their positions surrounding a number of towns and villages in the West Bank and Gaza Strip.

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LAW

THREE MORE CHILDREN DIE IN THE AL-AQSA INTIFADA

Today, Monday 6 November, in continuing clashes in the Occupied Palestinian Territories, two Palestinian youths under the age of 18 were killed by the Israeli security forces, apparently by live ammunition. Wadje Alam Khattab (15) was shot in the chest and killed near the West Bank town of Tulkarem. Mohammed Nawal al Taban (17), from Deir Al-Bala refugee camp in the Gaza Strip, was shot dead near the settlement of Kfar Darom.

A third youth, Muhammad Mustafa al Jazir (17), from Rafah in the Gaza Strip, who was shot in the head on 28 October at Salah-a-Din Gate, died today in Morocco from his injuries. Al Jazir had been transferred to Morroco for medical treatment.

According to LAW's database, 157 Palestinians have been killed since the outbreak of the Al-Aqsa Intifada on 29 September 2000 and over 7000 have been injured; 45 among those killed have been children under the age of 18. In practically all cases children did not pose a life-threatening danger to Israeli soldiers who shot them.

Most of the injuries sustained by Palestinian demonstrators were in the upper parts of the body. This raises the suspicion that the Israeli security forces are pursuing a shoot to kill policy. Wadje Alam Khattab and Muhammad al Jazir died from shots to the chest and to the head respectively.

Israel has been accused of using excessive and indiscriminate force by the United Nations Security Council in resolution 1322 of 7 October, as well as by a number of international human rights organizations such as Amnesty International, Human Rights Watch and Physicians for Human Rights.

With specific regard to children under the age of 18, the indiscriminate and excessive use of force by the Israeli security forces in the ongoing clashes constitutes violations of both international human rights and humanitarian law. In its Special Session the UN Commission on Human Rights established that Israeli actions constituted war crimes and crimes against humanity and called upon Israel to put an immediate end to the use of force against unarmed civilians.

LAW urges the Israeli government to abide by the stipulations of international humanitarian law and the UN Code of Conduct for Law Enforcement Officials and the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

LAW also calls on the Israeli government to implement UN resolutions 242, 338 and 194.

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BADIL

INTERNATONAL PROTECTION - Overview and Special Protection for Refugees



International law, the system of law that governs actions by states, defines the basic rights accorded to all persons. These rights stem from at least three bodies of international law: HUMAN RIGHTS LAW law (1948 Universal Declaration of Human Rights, the two international covenants, commonly referred to as the 1966 "International Bill of Rights", a.o); HUMANITARIAN LAW which governs the actions of state in time of war and/or military occupation (1907 Hague Regulations, 1949 Geneva Conventions and the additional 1977 Protocols thereto, a.o.); and, as a sub-set of human rights law, the LAW CONCERNING REFUGEES AND STATELESS PERSONS (1950 Statute of the UNHCR, 1951 Convention Relating to the Status of Refugees and companion 1967 Protocol, the 1954 and 1961 Statelessness Conventions, a.o.).

Protection of the basic rights of individuals as delineated by these three inter-related bodies of law is a primary responsibility of the United Nations and its individual member states. This mandate emanates from the 1945 Charter of the United Nations, Article 1(1), which establishes the purpose of the UN as being: "to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace."

The United Nations system provides for a wide variety of mechanisms for the implementation of international law and protection of the rights defined therein. These mechanisms include at least the following:

(1) GATHERING and RECEIVING INFORMATION/COMPLAINTS on the compliance of individual state parties to the various conventions administered under UN auspices through UN organs such as the UN Commission on Human Rights (e.g., INTERNATIONAL INQUIRIES, special rapporteurs) and other treaty bodies (e.g., the Committees on Civil and Political Rights; Economic, Social, and Cultural Rights; Elimination of All Forms of Racial Discrimination, a.o.); the Office of the UN High Commissioner for Refugees (UNHCR); and the UN General Assembly and Security Council. Individuals and non-governmental/private organizations can play an important role in providing information to the various UN organs, creating international awareness, and calling for redress where rights have or are being violated. Reports submitted to the various UN organs over the past several years have raised the profile of Palestinian rights and have resulted in more thorough probing of Israel's non-compliance with treaties to which it is a signatory.

(2) CALLING UPON STATES TO COMPLY with international law and facilitating agreements to effectuate the rights defined and affirmed therein through the various UN organs mentioned above (1). This is most often implemented through resolutions and, in the case of the UNHCR, tripartite agreements with the state of origin and state of asylum to expedite the voluntary return of refugees to their homes. Repeated affirmation of Palestinian rights by a wide variety of UN organs, including the Security Council, General Assembly, Economic and Social Council, and Commission on Human Rights are grounded in customary norms of international law, which are, accordingly, binding upon all states, including Israel.

(3) ADJUDICATION OF DISPUTES, where rights are being violated, through bodies such as the INTERNATIONAL COURT OF JUSTICE(ICJ), which exercises jurisdiction over disputes between states according to the terms of the UN Charter and the Statute of the ICJ. For example, in an ICJ advisory opinion of 1971, requested by the UN Security Council, the ICJ found South Africa's military occupation of Namibia to be illegal and held that member states of the UN were under an obligation to refrain from any acts and, in particular, dealings with South Africa that implied recognition of the legality of the occupation or provided support and assistance to it. A second type of protection, less immediate though it may act as a type of restraining mechanism, are the WAR CRIMES TRIBUNALS for prosecution of violations of international law, as established by Security Council resolutions in the recent cases of the former Yugoslavia, and Rwanda, as well as the permanent international criminal law regime which is contemplated under the 1998 Rome Statute for the International Criminal Court (ICC). The UN Commission on Human Rights has considered Israel's continued "grave breaches" of the 1949 Fourth Geneva Convention as rising to the level of war crimes since 1972 and recently reaffirmed this view during a Special Session of the Commission in October of this year.

(4) INTERNATIONAL INTERVENTION when violations persist. Member states acting alone, or in concert under regional or security umbrellas such as the OAU, NATO, and the OSCE, etc. may choose to enact a variety of political, legal, or economic sanctions against offending parties. Protection against "threats to the peace, breaches of the peace, and acts of aggression" may be activated by the UN Security Council under Chapter VII of the UN Charter. This includes both SANCTIONS as well as armed INTERNATIONAL PROTECTION FORCES. The UN Commission on Human Rights has previously called for the Security Council to endorse Chapter VII intervention in the 1967 occupied territories to protect Palestinians against Israel's "grave breaches" of the Fourth Geneva Convention. All High Contracting parties to the Fourth Geneva Convention are obligated by the express terms of the Convention itself to ensure compliance of state parties to the Convention, particularly with respect to grave breaches.

RELEVANCE FOR THE PALESTINIAN CASE

Each of these bodies of international law - human rights law, humanitarian law, and refugee law - are relevant to international protection in the Palestinian case. Despite a large body of information that documents gross, systematic, and persistent violations under all three bodies of law, as well as declaratory resolutions calling upon Israel for compliance, including GA Resolution 194, SC Resolution 242 and recommendations for Chapter VII intervention, the United Nations and its member states have failed to effectuate international protection for the Palestinian people. This is so mainly, as noted by the UN Commission on Human Rights in 1992, because of the "military, economic, and political support given by some States [e.g. the US and some European allies] to Israel, which encourages and supports Israel in its aggressive and expansionist policies." The failure to effectuate international protection of the rights embodied in international law for the Palestinian people represents a serious violation of the purposes and principles of the UN as defined in its Charter, and at base, is the cause of the collapse of the Oslo process, the Palestinian uprising, and the high number of Palestinian deaths (martyrs) (more than 160, of whom some 1/3 are children), injuries (more than 5,000), and property damage inflicted by Israel over the past month as confirmed in an increasing number of reports by international human rights organizations such as Amnesty International, Human Rights Watch, and Physicians for Human Rights.

INTERNATIONAL PROTECTION FOR PALESTINIAN REFUGEES

This violation by the United Nations and its member states of fundamental obligations under the UN Charter is particularly glaring in the case of Palestinian refugees who should be provided in accordance with international refugee law. ** Refugees, in general, are recognized as vulnerable persons in need of specific types of international protection to guarantee those rights normally protected by the state of residence or citizenship ** There are two levels of international refugee protection: (a) the protection of refugees' human rights on a day-to-day basis (including physical safety, freedom of movement [identity papers and travel documents], access to employment, basic housing, welfare, education, labor and security rights, and freedom of religion); and, (b) the search for and implementation of durable solutions for refugees based on individual choice (including the right of return and restitution/compensation, or resettlement).

Most refugees receive international protection, as defined by the 1951 Convention Relating to the Status of Refugees, from the Office of the United Nations High Commissioner for Refugees (UNHCR). Under the Statute of the UNHCR, some protection duties include: (a) promoting ratification and implementation of conventions for the protection of refugees; (b) assisting governmental and private efforts to promote durable solutions, including voluntary repatriation; and (c) seeking to obtain permission for refugees to safeguard, manage, and access their assets.

** in the case of Palestinian refugees, there is no international body at present that provides full protection ** The UN Relief and Works Agency (UNRWA) has, on an ad hoc basis, as during the first intifada, assumed limited day-to-day protection functions by monitoring and reporting violations, and making interventions to Israel. The UN Conciliation Commission for Palestine (UNCCP), the body established by the UN under Resolution 194 to provide protection for Palestinian refugees ceased to work for the implementation of both levels of protection in the early 1950s. No other international body has stepped in to fill the vacuum left by the cessation of UNCCP protection, despite provisions in the 1951 Convention Relating to the Status of Refugees for the activation of the UNCHR, which should apply in this context.

The impact of this vacuum on a day-to-day basis is evident after a month of Palestinian uprising and Israeli repression in the occupied Palestinian territories. Palestinian refugee camps have been hit by Israeli helicopter gun-ships and tanks, surrounded and shot at by both the Israeli military and Israeli settlers. Freedom of movement to reach places of employment, education, and medical care has been denied. A significant number of Palestinians killed and injured, including a large number of children, are refugees. To whom do Palestinian refugees turn for protection? Moreover, what international body is responsible for the protection, promotion, and facilitation of the right of Palestinian refugees to repatriation, restitution and compensation according to Resolution 194 and the larger body of international law?

RECOMMENDATIONS

Based on resolutions of the UN General Assembly and Security Council, and the Special Summit of the Arab League (Cairo, 21-22 October 2000), the Palestinian delegation to the United Nations and Arab states have launched two initiatives which require approval by the UN Security Council: the deployment of an international protection force for the Palestinian people in the 1967 occupied territories; and, the establishment of a special war crimes tribunal for prosecution of Israeli violations of humanitarian law. In addition, Palestinian NGOs have appealed to the High Contracting Parties to the Fourth Geneva Convention to take measures, which can ensure Israel's compliance to the regulations of the Convention.

While these initiatives could effectuate immediate protection for the Palestinian people in the 1967 occupied West Bank and Gaza Strip, their approval remains in doubt as long as the United States and some European states maintain their unconditional support for Israel, support which violates their own obligations under the UN Charter and the three bodies of international law. A concerted and sustained effort by the PLO, the Palestinian Authority, the Arab League and Arab states, and governments supportive of Palestinian rights is required in order to: change the current unfavorable balance of forces in the powerful international organs, ensure that any international UN protection force is fully empowered to intervene to provide protection (unlike the Temporary International Presence in Hebron - TIPH, which is mandated only to monitor and report violations); and guarantee that any future negotiations are consistent with international law and relevant UN resolutions.

PALESTINAN, ARAB, and INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS and the SOLIDARITY MOVEMENT CAN ENCOURAGE AND FAICILITATE SUCH CONCERNTED EFFORT BY:

1. CONDUCTING BROAD PUBLIC AWARENESS CAMPAIGNS about Palestinian rights anchored in international law and UN resolutions (especially UN resolutions 181, 194, and 242) as well as Israeli violations of these international standards. An initial set of recommended references is attached below. [The full text documents are available on the BADIL website: www.badil.org/Refugee/Protection/overview.html]

2. ENGAGING in a SUSTAINED EFFORT of REPORTING OF ISRAELI HUMAN RIGHTS VIOLATIONS to the UN Commission of Human Rights (CHR) and other treaty bodies, accompanied by extensive media dissemination of reports and resolutions issued by these UN organs. Of particular relevance are resolutions of the CHR, the 1998 Concluding Observations of the various UN human rights treaty bodies, and recent reports of the CHR Special Rapporteur. [Documents are available on the BADIL website] Media strategies should be considered to maintain maximum public visibility on the upcoming UN Commission on Human Rights international inquiry commission to the occupied territories.

3. EMPOWERING THE PALESTINIAN COMMUNITY in Palestine and in exile to mobilize, advocate and lobby on behalf of their rights. Recent successful efforts by refugee students in Lebanon to lobby for UNRWA secondary schooling, combined with support from Palestinian, Arab, and international non-governmental organizations, is one example of a successful strategy for empowering the Palestinian refugee community.

4. LOBBYING GOVERNMENTS, POLICY MAKERS, and their POLICY ADVISORS to take a clear stand in favor of Palestinian rights, as defined by international law and UN resolutions. Individuals and organizations should examine the voting record in the UN and policy statements of their governments and question votes and statements that are not consistent with those rights defined by international law. [An initial review of the US voting record in the UN Commission on Human Rights is available on the BADIL website with further analysis of other states forthcoming]

5. LAUNCHING a SPECIAL LOBBY EFFORT AIMED AT MAKING UN ORGANS and MECHANISMS ACCESSIBLE to ESPECIALLY VULNERABLE SECTORS of the PALESTINIAN PEOPLE (refugees, internally displaced persons, and the Palestinian community in occupied eastern Jerusalem and inside Israel) who have remained excluded from the international protection system. Lobby efforts regarding the need for an international protection agency for Palestinian refugees should be addressed in particular to UNRWA, UNHCR, and the ICRC, calling for immediate joint consultations in the UN and with other relevant international agencies towards implementation of refugee protection.

6. ENCOURAGE EXPERTS to PROVIDE RESEARCH AND LEGAL EXPERTISE in order to support governmental and non-governmental efforts in professional lobbying of UN organs and the submission of legal petitions (e.g., ICJ; regional and domestic courts, and special war crimes tribunal). [An initial list of research topics is available on the BADIL website]

SELECTED RECOMMENDED REFERENCES (BADIL Website):


General Protection:

- Charter of the UN, 1945, Article 1(1) (UN mandate to maintain international peace and security according to international law)
- UN Commission on Human Rights Resolution No. 3 (XXVIII), 22 March 1972 (recognizing Israel's grave breaches of the Fourth Geneva Convention as constituting war crimes)
- UN Commission on Human Rights Resolution No. 1984/1, 20 February 1984 (calling for UN Chapter VII intervention to protect Palestinians in the occupied West Bank, East Jerusalem, and Gaza Strip)
-UN Commission of Human Rights Resolutions No. 2 (XXXVI), 14 February 1980 and No. 1992/4, 14 February 1992 (affirming that negotiations and any peace agreement must be consistent with international law)
- CHR Report - Special Rapporteur, October 2000 (documenting Israel's widespread human rights violations and the absence of a human rights framework in the Oslo process)

Refugee Protection:
- UN General Assembly Resolution 194(III), 11 December 1948 (right to return, restitution, and compensation)
- UN Sub-Commission on Prevention of Discrimination and Protection of Minorities Resolution E/CN.4/SUB.2/RES/1998/26, 26 August 1998 (Housing and property restitution in the context of the return of refugees and internally displaced persons)
- 1998 Concluding Observations of the UN Committees on Economic, Social and Cultural Rights, and on the Elimination of All Forms of Racial Discrimination (reaffirming the right of return and restitution and calling into question Israel's 1950 Law of Return, Absentees' Property Laws, and 1952 Status Law devolving responsibility for implementing discriminatory land management policies upon private, "parastatal" entities.)
- UN Guiding Principles on Internal Displacement E/CN.4/1998/53/Add.2 (right of return, restitution and compensation)