White House Report Critiques Israel Refusing Legal Judgment in Gaza

 

At a dinner held to honour journalists, the White House made little mention of Israel’s escalating assault on Rafah. It also failed to address the administration’s indifference to Israel’s use of American-supplied weapons.

Civil rights groups documented several incidents in which Israeli security forces impeded journalists’ freedom of expression. For instance, police officers pushed and detained journalist Yaser Okbi while covering a protest against afforestation projects in the Negev.

Examination of Israeli Policies and Practices

The law prohibits arbitrary arrest, and citizens can challenge the legality of their arrest in court. However, civil rights groups report that police have arbitrarily arrested citizens and Palestinians who participated in protests.

In May 2021, the police and Shin Bet detained nearly 3,200 Arab citizens and Palestinian residents of Jerusalem over clashes and other incidents and charged only 18% with offences. Civil rights organizations criticized the use of harsh indictments involving terrorism charges that led to extensive imprisonment sentences for Arab citizens and harsh detention conditions for Palestinians.

The government used incentives and punishments to compel Bedouin Israeli citizens to move from unrecognized villages into government-recognized towns, including demolishing homes. NGOs and local governments reported that many residents refused to move, arguing that they owned the land or that the homes were built without permits. The government also refused to implement a 2015 temporary law that authorizes force-feeding under certain conditions for prisoners who refuse food.

Evaluation of Human Rights and International Law

While Israeli officials acknowledge the responsibilities that come with being an occupying power, legal and military experts argue that Israel no longer meets traditional effective control requirements for occupation status. They believe that a successful occupation requires either a permanent presence of troops or a puppet regime, neither of which is present in Gaza.

Civil rights NGOs assert that police routinely use terrorism-related laws to justify arbitrary arrests and detention. They also report that the government applies building regulations more harshly in Arab communities, leading them to build or expand without permits and face the risk of demolition.

The government censors’ newsprint and broadcast media. It also imposes gag orders on what it deems sensitive security information or ongoing investigations. The authorities have also reportedly used defamation lawsuits to discourage public criticism of the government and its policies.

Geopolitical Implications and Context

As NGOs and journalists reported, Israeli authorities continued to restrict freedom of expression in the country. Israeli security agencies threatened journalists with physical attacks and closed media outlets. The government censored news printed or broadcast abroad and required local media to abide by restrictions on what it deemed sensitive security information and continuing investigations.

The government pushed Bedouin residents of the Negev to move from unrecognized villages into government-recognized towns, using both incentives and punishments. Local NGOs assessed that the government sometimes used excessive force to compel movement.

Israeli police arrested Arab/Palestinian citizens of Israel on or near university campuses for expressing political views. On one occasion, the police arrested students for singing a song that the officers claimed supported terrorism but which the students said was a traditional Palestinian folk tune. The arrests drew criticism from academics and politicians across the political spectrum.

Diplomatic Ramifications

The report cited the deteriorating security situation in Gaza as one reason for Israel’s refusal to accept a truce proposal presented by Egypt. During the August 5-7 escalation, Palestinian Islamic Jihad (PIJ) militants fired 1,175 rockets and mortars toward Israel; 96% were intercepted by the Iron Dome aerial defence system, with Palestinian casualties.

NGOs alleged Israeli authorities used excessive force against protesters in Jerusalem, especially at Damascus Gate and Haram al-Sharif/Temple Mount. For example, according to Reporters Without Borders (RWB), a group of pallbearers carrying journalist Shireen Abu Akleh’s body to a funeral were attacked by police with batons and horses, and Israeli forces reportedly shot tear gas and concussion grenades at the crowd.

In addition, NGOs reported that Israeli courts issued severe indictments against Arab citizens during the intercommunal violence of May 2021, leading to extensive prison sentences, whereas lenient charges were meted out to Jewish Israelis accused of nationalist-inspired incidents. Further, the government continued to invoke secret military orders, allowing it to detain persons for months without an indictment, arrest warrant, or finding of criminal culpability.

Recommendations for Future Engagement

In private, top White House aides have told Israeli leaders that the United States cannot support Israel’s refusal to allow aid into Gaza. They have pushed Israeli officials to minimize civilian casualties and push for a two-state solution after the conflict is over.

They have also listened to many Jewish and Black church groups that have called on the administration to call for a cease-fire in Gaza, and they have heard from constituents who are worried about the war’s impact on U.S. national security. But they have been cautious to criticize Israel publicly for fear of enraging Netanyahu and losing support among liberal Democrats in the 2020 presidential race.

The U.K. Government calls on Israel to immediately halt hostilities, open more crossings and for longer periods, and remove restrictions on the movement of commercial trucks, allowing essential supplies to get in, to deconflict with humanitarian agencies and repair vital infrastructure like hospitals and water networks. The U.K. also welcomes Israeli commitments to increase access to Gaza from 2 April and will build this into future plans for engagement with the region.

There were reports of excessive force by Israeli police in protests, including at Damascus Gate and the Haram al-Sharif/Temple Mount. NGOs criticized severe indictments using terrorism charges against Arab citizens, leading to extensive imprisonment sentences, compared with more lenient charges against Jewish Israelis.

Civil society groups reported that municipal authorities placed insurmountable obstacles for Palestinians applying for permits to build homes, requiring land ownership documents that could be difficult to obtain, and imposing high application fees.

The government used incentives and punishments to compel Bedouin citizens to move from 35 unrecognized villages in the Negev into government-recognized towns, including by demolishing structures on the grounds that they were built without permits. NGOs said that the evictions violated Bedouins’ seminomadic lifestyle and tradition of moving on lands they own. A petition against the policy was pending at year’s end.

 

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