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Paul Merrell

UNRWA suspends cash aid in Gaza due to lack of fund | Cairo Post - 0 views

  • The cash assistance program in Gaza has been suspended due to lack of fund, the United Nations Relief and Works Agency (UNRWA) announced Tuesday. The program urgently called for raising U.S. $100 million in aid in the first three months of 2015 to 12,000 displaced Palestinians in Gaza, mostly to repair their homes damaged during the latest 51-day war between Palestine and Israel in July and August 2014. “US$ 720 million is required to address this need. To date, UNRWA has received only US$ 135 million in pledges, leaving a shortfall of US$ 585 million,” the UNRWA said in a statement Tuesday. “We are talking about thousands of families who continue to suffer through this cold winter with inadequate shelter. People are literally sleeping amongst the rubble; children have died of hypothermia,” UNRWA Director in Gaza Robert Turner was quoted as saying in the statement.
  • U.S. $ 5.4 billion were pledged at a Cairo-based donor conference on Gaza reconstruction Oct. 12, 2014; however, the program statement noted that none of the announced aid has reached Gaza strip, saying “this is distressing and unacceptable.” “People are desperate and the international community cannot even provide the bare minimum – for example a repaired home in winter – let alone a lifting of the blockade, access to markets or freedom of movement,” Turner continued. UNRWA was established in 1949 to provide more than 5 million registered Palestinian refugees in neighboring countries with aid. In a previous statement, the UNRWA announced that it had spent the “last available dollar on repairs and temporary shelter cash assistance.”
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    Under international law, Israel as the occupier of Palestine and Gaza, bears all financial responsibility for humanitarian aid in Gaza. I'd be all for the U.S. suspending all financial and other forms of aid to Israel until Gaza is repaired, its siege ended, all illegal settlements in the West Bank are removed, and Palestinians driven out of Israel in 1948 (and their heirs) have their property within Israel restored.  And if necessary, sending in the U.S. military to ensure that all happens muy pronto. But I'm not holding my breath until that happens. 
Paul Merrell

Where global solutions are shaped for you | News & Media | HUMAN RIGHTS COUNCIL OPENS S... - 0 views

  • Kyung-wha Kang, Assistant Secretary-General for Humanitarian Affairs and Deputy Emergency Relief Coordinator, stated that at least 18 medical facilities, including five UNRWA health clinics, had been hit by airstrikes and shelling since the beginning of the fighting.  The seven-year blockade had destroyed Gaza’s economy, with high unemployment rates and growing dependence on international assistance.  The United Nations was feeding 67 per cent of the population.  The international community and the parties to the conflict had to live up to their obligations.  Lance Bartholomeusz, Director of Legal Affairs of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, said that by yesterday evening, 22 July, approximately 118,000 Palestinians had sought refuge in 77 UNRWA schools.  That was about 6 per cent of the population of Gaza and double the peak in UNRWA shelters during the 2008 to 2009 conflict.  The conflict had not spared UNRWA premises.  Makarim Wibisono, Special Rapporteur for the situation of human rights in the Occupied Palestinian Territory, speaking on behalf of the Coordination Committee of the Special Procedures of the Human Rights Council, said in addition to at least 599 Palestinians killed, the destruction of numerous houses had left several thousand families homeless.  At the same time, the right of the Palestinian people to resist occupation could not justify the launching of thousands of rockets and mortars directed against Israeli civilians. 
  • NAVI PILLAY, United Nations High Commissioner for Human Rights, said since Israel announced its military operation “Protective Edge” on 7 July, Gaza had been subjected to daily intensive bombardment from the air, land and sea, employing well over 2,100 air strikes alone.  The hostilities had resulted in the deaths of more than 600 Palestinians, including at least 147 children and 74 women.  As in the two previous crises in 2009 and 2012, it was innocent civilians in the Gaza Strip, including children, women, the elderly and persons with disabilities, who suffered the most.  According to preliminary United Nations figures, around 74 per cent of those killed so far were civilians, and thousands more had been injured.  Hundreds of homes and other civilian buildings, such as schools, had been destroyed or severely damaged in Gaza, and more than 140,000 Palestinians had been displaced.  Two Israeli civilians had also lost their lives and between 17 and 32 others had been reported injured as a result of rockets and other projectiles fired from Gaza, and 27 Israeli soldiers had been killed during military operations in Gaza.  The indiscriminate firing by Hamas and other armed groups of more than 2,900 rockets and mortars from Gaza continued to endanger the lives of civilians in Israel, and Ms. Pillay once again condemned such indiscriminate attacks.  It was unacceptable to locate military assets in densely populated areas or to launch attacks from such areas.  However, international law was clear - the actions of one party did not absolve the other party of the need to respect its obligations under international law.
  • he also warned that the current situation in Gaza overshadowed the backdrop of heightened tensions in the occupied West Bank, including East Jerusalem and expressed concern about a significant rise in incitement to violence against Palestinians, including through social media.  Only those responsible for criminal acts could legitimately be punished, she said, individuals should not be subject to collective penalties. 
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  • LANCE BARTHOLOMEUSZ, Acting Director of Legal Affairs, United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNWRA), said UNRWA was deeply alarmed and affected by the escalation of violence in the Gaza Strip and the devastating human and physical toll it was taking on civilians, including Palestine refugees.  Far too many lives were being lost and the traumas resulting from the military operations would mark the population for years to come.  Among ordinary Palestinians there was a profound crisis of confidence in the ability of international law and international mechanisms to protect civilians, and to prevent and address violations of international law.  Because of military operations, and because over 40 per cent of Gaza’s territory was affected by Israel evacuation warnings or declarations of “no-go zones”, thousands of people continued to flee to shelters run by UNRWA and by partners.  By yesterday evening, 22 July, approximately 118,000 Palestinians had sought refuge in 77 UNRWA schools.  That was about 6 per cent of the population of Gaza and double the peak in UNRWA shelters during the 2008 to 2009 conflict.
  • The conflict had not spared UNRWA premises, 77 of which had been damaged by air raids and other fire, which was totally unacceptable.  All parties to the conflict must respect at all times the neutrality and inviolability of UNRWA’s premises.  The situation of the population of Gaza and of Palestine Refugees in Gaza had become completely unsustainable.  Israel’s illegal blockade had deepened poverty levels and Gaza's aquifer would be entirely contaminated in the next three to four years making the Strip essentially unliveable.  Today, these indicators paled in comparison to the intensity of the bombardments, fighting and the immediate fears for security and survival. 
Paul Merrell

German FM Frank-Walter Steinmeier calls for lifting Gaza Blockade | nsnbc international - 0 views

  • German Foreign Minister Frank-Walter Steinmeier, on Monday, called on Israel to lift the blockade of Gaza in return for Palestinian security reassurances during a visit to the beleaguered coastal enclave. Frank-Walter Steinmeier, heading a delegation of 60 German officials, arrived in the region on Saturday to hold talks with top Palestinian and Israeli officials.
  • During Monday’s visit to Gaza he said the enclave was a “powder keg” at risk of exploding, and called for efforts to quicken reconstruction. “I came out of all my discussions yesterday in Jerusalem and in Ramallah with the hope that all parties are mindful that here we are sitting on a powder keg here and that we must ensure that the fuse does not catch light,” Steinmeier said at a press conference in Gaza City’s fishing port.
  • Palestinian officials in the liaison office told Ma’an News Agency that the Gazan population continues to suffer as “real” reconstruction has not yet started. Last year’s conflict claimed the lives of more than 2,200 Palestinians, most of them civilians, and 73 people on the Israeli side, most of them soldiers. A World Bank report published in May said Gaza’s unemployment rate of 44 percent was “probably the highest in the world” which, coupled with its soaring poverty levels, was “very troubling”.
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  • Earlier this month, Germany announced a $41 million contribution to the UNRWA shelter assistance program in Gaza. With a total contribution of $93 million to UNRWA programs in Gaza to date, Germany is currently the second largest supporter of the UNRWA response to the humanitarian crisis resulting from last summer’s devastating war between Israel and Hamas. UNRWA director in Gaza, Robert Turner, praised the move by Germany saying: “More than eight months after the summer 2014 conflict ended, the situation in Gaza remains desperate and the people of Gaza urgently need other donors to follow the excellent example set by Germany.”
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    As the occupying power, it is Israel's responsibility to care for the people in Gaza. But Israel refuses to do so, maintaining a blockade that completely surrounds Gaza, making it the largest open air prison in the world.  
Paul Merrell

Israel Banned Renowned Doctor and Human Rights Activist Mads Gilbert from Entering Gaza... - 0 views

  • Israel has banned Norwegian doctor and human rights activist Mads Gilbert from entering Gaza for life. Gilbert, a professor at the University Hospital of North Norway, where he has worked since 1976, earned international renown for his philanthropic work in late 2008, during Israel’s Operation Cast Lead, an attack that, according to Israeli human rights organization B’Tselem, killed roughly 1,400 Gazans, including almost 800 civilians, 350 of whom were children. The aid worker, along with fellow Norwegian doctor Erik Fosse, decided to volunteer in Gaza as soon as he heard that bombing had started, on 27 December 2008. Thanks to diplomatic and economic support (in the sum of $1 million dollar of emergency funding from the Norwegian Ministry of Foreign Affairs), the two physicians managed to arrive in the strip by 30 December.
  • The Israeli government prevented all international press from entering Gaza during Cast Lead (a documentary, The War Around Us, was made about the only two foreign reporters in the strip at the time), in what Gilbert called Israel’s insidious “PR plan.” The doctor, as one of the only international aid workers in Gaza, thus devoted considerable time to speaking with local Palestinian news outlets, some of whom were reporting on behalf of foreign networks including BBC, CNN, ABC, and Al Jazeera. BBC aired an interview with Gilbert, conducted in the hospital. The questions asked, and the answers garnered, were eerily similar to those he would give just five years later, during Operation Protective Edge. The interviewer began asking him to respond to Israel’s claims that it was not targeting civilians, that it was only attacking Hamas militants. Gilbert called the claim “an absolutely stupid statement” and explained that, among the hundreds of patients he had seen at that point, only two had been fighters. The “large majority” were women, children, and men civilians. “These numbers are contradictory to everything Israel says,” he reported.
  • The doctor directed one heart-wrenching passage to President Obama, writing “Mr Obama – do you have a heart? I invite you – spend one night – just one night – with us in Shifa. I am convinced, 100 per cent, it would change history. Nobody with a heart and power could ever walk away from a night in Shifa without being determined to end the slaughter of the Palestinian people.” Israel later attacked Shifa hospital. Doctors Without Borders (MSF) “strongly condemn[ed]” the incursion, saying it “demonstrate[d] how civilians in Gaza have nowhere safe to go.” MSF director Marie-Noëlle Rodrigue stated, in an official statement, “When the Israeli army orders civilians to evacuate their houses and their neighborhoods, where is there for them to go? Gazans have no freedom of movement and cannot take refuge outside Gaza. They are effectively trapped.” Shifa was one of the over 10 medical facilities Israel bombed in its 50-day offensive.
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  • Gilbert drew attention to the fact that the overflowing hospital did not have enough supplies to treat all of its patients, and censured the international community for doing nothing to assist them. Israel would not let in foreign doctors, and yet Palestinians were “dying waiting for surgery.” “This is a complete disaster,” he remarked, calling it “the worst man-made disaster” he could think of. “There are injuries you just don’t want to see in this world.” Operation Protective Edge In 2008 and 2009, Gilbert treated Palestinians who had been grievously wounded by Israel’s use of experimental and illegal chemical weapons, including white phosphorous, dense inert metal explosives (DIME) munitions, and flechette shells. In July 2014, in the midst of Israel’s most recent attack on Gaza, Gilbert spoke with Electronic Intifada, revealing that he saw indications of renewed use of DIME weapons and flechettes. While volunteering in Shifa hospital, Gaza’s principal medical facility, Gilbert penned an open letter, lamenting the unspeakable horrors the Israeli military was instigating.
  • Before Operation Protective Edge commenced in early July 2014, Gilbert toured medical and health facilities and individual homes in Gaza, researching for a United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) report on the dire state of the strip’s health sector. He wrote of “overstretched” health facilities, widespread physical and psychological trauma, “a deep financial crisis,” a lack of needed medical supplies, and a “severe energy crisis.” He also noted the “devastating results of the blockade imposed by the Government of Israel,” with rampant poverty, a 38.5% unemployment rate, food insecurity in at least 57% of households, and inadequate access to clean water. All of these already extreme ills were only exacerbated by the July-August Israeli assault on Gaza, an onslaught that left roughly 2,200 Palestinians dead, including over 1,500 civilians, more than 500 of whom were children. Gilbert is not the only one Israel has recently prevented from entering Gaza. In August, just after the end of its military assault, Israel refused to allow Amnesty International and Human Rights Watch, the world’s leading human rights organizations, from entering the strip, impeding them from conducting war crimes investigations. The organizations had been requesting access for over a month, before Israel had even begun its ground invasion of Gaza, yet were continuously prevented from doing so, Israeli journalist Amira Hass reported in Haaretz, “using various bureaucratic excuses.”
  • Other aid workers and medical professionals have faced even worse consequences for volunteering to help Palestinians. In August, Israeli occupation forces killed a social worker. In the same month, as the Israeli military engaged in a campaign to target and openly murder Palestinian civilians who spoke Hebrew, Israeli forces assassinated volunteers working with the Palestine Red Crescent, a non-profit humanitarian organization, part of the International Red Cross and Red Crescent Movement. A common myth suggests that Israel ended its occupation of Gaza with its 2005 disengagement. The state’s ability to ban, and even kill, internationally recognized human rights organizations and doctors—not to mention food,construction equipment, and medical supplies—from entering Palestinian territory, however, demonstrates that Gaza is by no means autonomous. Israel’s siege of the strip is clearly a continuation of its 47-year-long illegal military occupation. As legal scholar Noura Erakat explains
  • Despite removing 8,000 settlers and the military infrastructure that protected their illegal presence, Israel maintained effective control of the Gaza Strip and thus remains the occupying power as defined by Article 47 of the Hague Regulations. To date, Israel maintains control of the territory’s air space, territorial waters, electromagnetic sphere, population registry and the movement of all goods and people. … Palestinians have yet to experience a day of self-governance. Israel immediately imposed a siege upon the Gaza Strip when Hamas won parliamentary elections in January 2006 and tightened it severely when Hamas routed Fatah in June 2007. The siege has created a “humanitarian catastrophe” in the Gaza Strip. Inhabitants will not be able to access clean water, electricity or tend to even the most urgent medical needs. The World Health Organization explains that the Gaza Strip will be unlivable by 2020. Not only did Israel not end its occupation, it has created a situation in which Palestinians cannot survive in the long-term.
  • In a late October discussion with the Daily Targum, Gilbert encouraged Americans to do what they can to speak out against Israel’s illegal occupation and blockade of the Palestinian territories, and to pressure their government to stop its indefatigable support for Israeli crimes. At present, the US provides Israel with over 3.1$ billion of military aid per year. In the past 52 years, over $100 billion US tax dollars have been given to the country in military aid alone. “You are the change-makers,” Gilbert told American readers. “The key to the change when it comes to the occupation of Palestine lies in the United States.” “Solidarity, not pity,” he said, is the solution.
Paul Merrell

United Nations News Centre - UN Rights Council appoints final member on panel to invest... - 0 views

  • The United Nations Human Rights Council announced today the appointment of the last of three members of its probe to investigate purported violations of international humanitarian and human rights laws in the Occupied Palestinian Territory, including East Jerusalem, and particularly in the Gaza Strip since the conflict began on 13 June. In a statement released today, the Council’s President, Ambassador Baudelaire Ndong Ella (Gabon), announced that Mary McGowan Davis (United States) will join William Schabas (Canada) and Doudou Diène (Senegal) whose appointments were announced on 11 August. The previously appointed Amal Alamuddin (United Kingdom) was unable to serve due to prior commitments. Ms. Davis is from the United States and has served as a Justice for the State of New York and as a federal prosecutor during the course of a 24-year career. She also has extensive experience in the fields of international human rights law and has served as Chair on a UN Committee tasked with following up on the findings of the Gaza conflict that occurred between December 2008 and January 2009.
  • The Independent International Commission of Inquiry – launched by the Human Rights Council on 23 July – is charged with investigating human rights violations in the Occupied Palestinian Territory, in particular the occupied Gaza Strip. It plans to investigate all violations of human rights and humanitarian law since the current military operations began in mid-June. As it stands now, the cumulative death toll among Palestinians stands at 2,076. Some 1,454 – 70 per cent – are believed to be civilians, including 491 children and 253 women, according to the UN Office of Humanitarian Affairs (OCHA). Out of the 2,076 killed, 253 are believed to be militants, and the status of a further 369 killed Palestinians is still to be determined. Meanwhile, UNRWA said today that its schools along with Government-run schools are not ready for the new school year in Gaza, which was set to begin yesterday. More than 200 schools which were affected by shelling need to be repaired, including 22 which have been completely destroyed. In the meantime, UNRWA said its TV station will run education programs at emergency shelters and will expand psychosocial work with humanitarian organizations.
Paul Merrell

Trump retaliates against Abbas - Middle East Monitor - 0 views

  • Debkafile, an Israeli website close to the military intelligence, has reported that the Trump administration has decided to take a series of punitive measures against the Palestinian Authority (PA) after its successful campaign on Jerusalem in the UN General Assembly. In a report issued on 23 December, the Israeli website cited its sources in Washington as stating that President Trump had decided to sever contacts and relations with the PA and President Mahmoud Abbas. According to Debkafile, the Israeli-Palestinian peace plan under preparation in Washington will not be submitted to Ramallah but only to Israel and the relevant Arab governments. These steps were taken after the PA had been warned more than once, and told to drop its campaign against the Trump pronouncement on Jerusalem because of its negative impact on the region, according to the Israeli website. It added that the White House move was communicated to the PA through a third Arab party. The Israeli website further reported that the US will not publicly announce its freeze of aid to the PA. However, the administration will stop support and delay the resumption of economic projects backed by US institutions and re-examine them. President Trump also decided not to invite Palestinian officials to the White House, State Department and US Treasury, and not to receive Palestinians at the US National Security Council where they used to participate in meetings aimed at shaping US strategy in the Middle East. According to the Israeli website: “The US will halt its contributions to the UN Relief and Works Agency for Palestine (UNRWA), an estimated one billion dollars per annum” and will order Saudi Arabia, the UAE and Qatar to reduce the amount of aid provided to the Authority. While no official statements were made by the US administration or the PA, the Israeli website confirmed that US officials have informed Saeb Erekat, the PA’s chief negotiator, that there is nothing to discuss with him anymore.
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    More likely that this is actually in response to the PA's announcement that it will no longer participate in negotiations with Israel if the U.S. participates. Defunding the PA could actually advance Palestinian interests mightily since the PA has served the role as lapdog for Israel and the U.S., bringing Hamas into the role of Palestinian political leadership
Paul Merrell

Palestinians worse off than ever as settler numbers soar, says UN | The Electronic Inti... - 1 views

  • Palestinians are economically worse off than ever before as the number of Israeli settlers on their land sets records, a new report by the United Nations trade and development agency UNCTAD reveals. Israel’s longstanding restrictions on the Palestinian economy are to blame. But the situation has been made catastrophically worse by its ongoing blockade and devastating attack on Gaza last summer that killed more than 2,200 people, including 551 children.
  • Three full-scale Israeli military attacks on Gaza in the last six years, on top of eight years of blockade, have ravaged the territory’s infrastructure, destroyed its productive capacity, hindered any meaningful reconstruction and left the people poorer than any time in 20 years, the report states. Unemployment in Gaza has reached 44 percent, the highest level on record, and is at 18 percent in the West Bank. But UNCTAD says “the real depth of unemployment and the attendant waste of human resources” are even worse than the figures suggest. Even before last summer’s Israeli attack on Gaza and the further deterioration in the economy, 3 out of 5 households in Gaza and 1 out of 5 in the West Bank were food insecure – meaning they could not guarantee a reliable and sufficient supply of affordable and nutritious food. In the year 2000, just 72,000 people in Gaza were dependent on UN food rations. In May this year, that figure reached 868,000 – almost half the population.
  • The lastest Israeli assault on Gaza “effectively eliminated what was left of the middle class, sending almost all of the population into destitution and dependence on international humanitarian aid,” the report states. UNCTAD estimates the direct costs of the destruction Israel inflicted on Gaza in its attacks in November 2012 and last year at $2.7 billion. In a much publicized 2012 report, the UN concluded that if nothing changed, Gaza would be “unlivable” by 2020. This latest report notes that things have only gotten worse since then.
Paul Merrell

UN's Ban: Being born in Gaza is not a crime - 0 views

  • N Secretary-General Ban Ki-moon lashed out at Israel for striking his organization’s facilities in Gaza during the conflict this summer as he visited the Strip on Tuesday, and said he was considering launching his own investigation into the matter.He also called on Israel to end its “occupation” of land over the pre-1967 lines and to lift all its restrictions on the Gaza borders.“This is one of the fundamental underlying issues, ending the occupation and lifting the blockade, that I have been urging the parties, the Palestinians and Israelis, to address,” Ban said.Several times during his visit, Ban remarked that he was surprised and unprepared for the level of devastation wrought by the conflict between Israel and Hamas, which controls Gaza.
  • But when he spoke about specific investigations, he mentioned Israel’s internal one into IDF activity in Gaza as well as the UN Human Rights Council’s probe into Israeli activity.In addition to those, he said, “I, as secretary-general of the United Nations, am considering establishing my own Board of Inquiry to investigate the shelling of the UN facilities and killing of UN staff.” He did not mention an investigation into Hamas activity.Its estimated that some 100 UN buildings were damaged in the war.The UN has also charged the IDF with attacking three of its UNRWA schools where civilians sought shelter, including the one that Ban visited in Jabalya.
Paul Merrell

ICC Threats: Worst-Case Scenario for Israel and PA - Global Agenda - News - Arutz Sheva - 0 views

  • Abbas pledged to join the ICC and lodge charges against Israel there. On Wednesday evening he took the first step, signing the request along with applications to join 20 other international conventions during a meeting broadcast live on PA television, despite US criticism. Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said.
  • The ICC has faced serious criticism over the years for only focusing on "third-world" countries, and particularly the African continent, (since its founding in 1998 all eight cases handled by the ICC have been in African states,) and there is heavy pressure for the court to also try a "western" or allied country as well to dispel those allegations. "They need to take a different type of case, and they would gladly take upon themselves the Arab-Israeli conflict... it's a more interesting and sexier issue to be involved with, and there is tremendous pressure from countries all over the world for the court to get involved." Despite that pressure, until now the ICC has been unable to get involved due to a lack of jurisdiction.
  • But could the move be a blessing in disguise, providing Israel with an opportunity to decisively knock down the many allegations against it in the international arena - including both the legality of "settlements" and alleged war crimes - once and for all? "No, this is a biased court," Darshan-Leitner answers bluntly. "Of course Israel will bring international legal experts and explain why the territories (Judea-Samaria) are only disputed, not occupied, and how Jordan never had a right to them in the first place, for example - but Europe, and many other countries, have a different perspective," and it's from that political perspective that the ICC will analyse the case. "Once Israel is charged with war crimes it's the 'end of the game' - that's why Israel should do whatever it can not to be charged." If found guilty, "Israel would have to extradite to the court those individuals or officials, IDF commanders, etc, who will be individually charged for war crimes. Israel will obviously refuse to do so - Israel is not insane, so it's not going to extradite its own people to be blamed for war crimes - and then as a result Israel will be sanctioned... then there will be a real boycott against Israel from the court's member states.
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  • Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said. Darshan-Leitner emphasizes that her pessimistic prediction is not borne out of a lack of confidence in Israel's legal position. On the contrary, she believes Israel can - and would - make a very strong defense case on either issue were it forced to do so. The problem, she says, is a political one.
  • "In addition, the court will issue arrest warrants against those individuals; Interpol will make it international and those people won't be able to leave the country - it will snowball." There is hope, however. If the ICC is Abbas's "doomsday weapon", Israel's hope lies in deterrence. "That's what were working on."
  • Indeed, Shurat HaDin has already threatened a "tsunami" of prosecutions if the PA chooses to file charges against Israel at the ICC. The NGO has already made good on its threats following unilateral actions by the PA in recent months, launching charges against Mahmoud Abbas himself as well as Hamas's Qatar-based terror chief Khaled Meshaal - both of whom are Jordanian citizens and thus already covered by the ICC's jurisdiction. Should the PA succeed in joining the Court, Shurat HaDin is already preparing a long list of other Palestinian leaders to target with a wide range of charges. "It could be crimes committed during the Intifada against Israelis - all the suicide bombings, all the drive-by shooting attacks. All the heads of the different armed factions have superior liability over what was done by their forces," Darshan-Leitner explains. "And there are also crimes committed against the Palestinian people themselves," from torture to public executions and the use of human shields, she adds. But won't the ICC just dismiss such cases for the same political reasons she cited?
  • "Nobody knows for sure - and that's why it's a deterrent for the Palestinians, because they don't know how the court will take these cases. I find it hard to believe though that the court would agree to prosecute Israel and not the Palestinians." But she cautions that, even though Palestinian leaders will also likely end up in the dock, it wouldn't undo the damage done to Israel. Short of coaxing the Palestinian Authority back to the negotiating table, the only way to stave off an ICC prosecution would be via a combination of threats of counter-prosecution, and concerted political pressure. "The US has threatened to cut all funding to the PA and even UNRWA if they go through with such a move, and obviously Israel will cut off all funding as well," she notes. "And the Palestinian Authority relies almost entirely on American and Israeli funding." The many vocal backers of the PA such as Arab states and the European Union have a poor track record of coughing up the goods, "so if that happens it will essentially collapse." With those considerations in mind, an ICC prosecution is Abbas's "weapon of last resort." And it appears the only real deterrent Israel currently holds in the threat of mutually-assured destruction.
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    Note that according to a leaked U.S. State Dept. cable on Wikileaks, Ms. Darshan-Leitner confessed to officials of the U.S. Embassy that Shurat HaDin has "accepted direction" from the Israeli government and works closely with Mossad. https://cablegatesearch.wikileaks.org/cable.php?id=07TELAVIV2636
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