Special Rapporteur Says Israel’s Unlawful Carceral Practices in the Occupied Palestinian Territory Are Tantamount to International Crimes and Have Turned it into an Open-Air Prison

Human Rights Council Hears of the Continued Prominence of Racist, Nationalist and Far-Right Political Parties and Organizations Operating in Various National Contexts

The Human Rights Council this afternoon held an interactive dialogue with the Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967 on her report on arbitrary deprivation of liberty.  It also started an interactive dialogue with the Special Rapporteur on racism, racial discrimination, xenophobia, and related forms of intolerance on her reports on increasing efforts to implement international legal provisions providing protection from racism, racial discrimination, xenophobia and related intolerance, and on combatting the glorification of Nazism, neo-Nazism and related ideologies.

Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, presenting her report on arbitrary deprivation of liberty, said since 1967, Israel had detained approximately one million Palestinians in the occupied territory, including tens of thousands of children.  Currently, there were 5,000 Palestinians in Israeli prisons, including 160 children, and approximately 1,100 of them were detained without charge or trial. 

The Special Rapporteur said the occupied Palestinian territory had been transformed as a whole into a constantly surveilled open-air prison.  The occupying power framed the Palestinians as a collective incarcerable security threat, ultimately de-civilianising them, namely eroding their status as protected persons.  Israel’s unlawful carceral practices were tantamount to international crimes which warranted an urgent investigation by the Prosecutor of the International Criminal Court.  All the more as these offences appeared to be part of a plan of ‘de-Palestinisation’ of the territory.  This threatened the existence of a people as a national cohesive group. 

The Vice-President of the Council said Israel was not present in the room to take the floor as a country concerned.

State of Palestine, speaking as an entity concerned, expressed support for the work of the Special Rapporteur despite attempts to target the mandate.  The report said detention was being used as a tool to stop those within the occupied territory from exercising their rights.  There were also threats, blackmail, assault and medical negligence being used against detainees, as well as their transfer outside the occupied territories.  These practices amounted to flagrant violations of the Hague Convention, the Geneva Convention and humanitarian law, and constituted crimes against humanity and war crimes. 

Independent Commission for the Human Rights of Palestine also took the floor.

In the ensuing discussion, some speakers said the Israeli occupation was a tool of colonialism, and fundamentally violated the United Nations Charter and the fundaments of international law.  They expressed strong opposition to Israel’s settlement policy and activities, including in and around East Jerusalem, noting that settlements were illegal under international law.  Israel should halt continued settlement expansion, and the regularisation under Israeli law of illegal outposts, evictions, demolitions and forced transfers.  Some speakers said the mandate, due to its fundamental flaws, failed to provide an unbiased and objective assessment of the Israeli-Palestinian conflict.  The consistent focus on criticising Israel while turning a blind eye to the actions and responsibilities of the Palestinian leadership undermined its credibility.  Member States must speak out against this moral outrage and contemplate what was becoming of the United Nations, which had now become a place where anti-Semitism was ignored.  The Council should eliminate the discriminatory agenda item seven and actually work for the protection of human rights.

Speaking in the discussion were the European Union, Pakistan on behalf of the International Organization of Islamic Cooperation, Venezuela on behalf of a group of countries, Oman on behalf of Gulf Cooperation Council,  Lebanon on behalf of a group of Arab States, Côte d'Ivoire on behalf of the African Group, Kuwait, Qatar, United Arab Emirates, Luxembourg, Bahrain, Indonesia, Iraq, Malaysia, Maldives, Syria, Morocco, South Africa, Türkiye, Pakistan, Venezuela, Zimbabwe, Namibia, Oman, China, Libya, Chile, Senegal, Yemen, Mauritania, Jordan, Sudan, Cuba, Brazil, Algeria, Lebanon, Brunei Darussalem, Bolivia, Ireland, Saudi Arabia, Sri Lanka, League of Arab States, Iran, Russian Federation and France.

Also speaking were Medical Aid for Palestinians, World Jewish Congress, BADIL Resource Centre for Palestinian Residency and Refugee Rights, Coordinating Board of Jewish Organizations, Al Haq - Law in the Service of Man, Palestinian Centre for Human Rights, Jerusalem Institute of Justice, Women’s Centre for Legal Aid and Counselling, Palestinian Returns Centre Ltd, and Defense for Children International.

The Council then held an interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

Ashwini K.P., Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said the international community had seen a groundswell of commitment to addressing racism and racial discrimination in recent years, but more must be done to translate that into concrete improvements in the lived experiences of those affected by racism, racial discrimination, xenophobia and related intolerance.  Her first report outlined her strategic vision and initial priorities for her tenure and called on States to increase efforts to implement international legal provisions providing protection from racism, racial discrimination, xenophobia and related intolerance.

Her report on combatting the glorification of Nazism, neo-Nazism and related ideologies noted with concern the continued prominence of racist, nationalist and far-right political parties and organizations operating throughout various national contexts.  In response to such trends, the report recommended that Member States take substantial measures to address the concerning prominence of different manifestations of hatred.  The measures recommended included improving relevant national legal frameworks and adopting national action plans, among others.

In the discussion, many speakers said they were committed to combatting racism, racial discrimination, xenophobia, and related intolerance as stated in the Universal Declaration of Human Rights, which were an affront to human dignity that needed to be overcome.  They were global problems which required global action.  The Special Rapporteur’s intention to mainstream the intersections between gender and racism, racial discrimination, xenophobia and related intolerance into all elements of her work was welcomed.  Some of those speaking expressed deep concern about the various contemporary forms of racism, particularly those that were hostile to Muslims.  These manifestations of religious hatred and Islamophobia needed to be condemned and prevented.  The glorification of Nazism was concerning, and speakers categorically condemned ideologies, including fascism and Nazism which represented a path which had already been defeated by humanity, following the establishment of the United Nations.

Speaking in the discussion were Norway on behalf of Nordic-Baltic countries, European Union, Brazil on behalf of a group of Latin American countries, Pakistan on behalf of the Organization of Islamic Cooperation, Venezuela, Lebanon on behalf of a group of Arab States, Côte d'Ivoire on behalf of a group of African States, Germany, Lithuania, UN Women, Portugal, Peru, Israel, Egypt, Ecuador, Paraguay, Costa Rica, Armenia, Spain, United Nations Children's Fund, Luxembourg, Bahrain, Australia, United States, Indonesia, Belgium, Iraq, Colombia, Malaysia, Morocco, United Kingdom, Cameroon, South Africa, Türkiye, Venezuela, Zimbabwe, India, Malawi, Oman, China, Djibouti, Libya, Senegal, Mauritania, Sudan, Cuba, Russian Federation, Brazil, Romania, Algeria, Botswana, Bolivia, Tunisia, Azerbaijan, Saudi Arabia, Belarus and Mexico.

The webcast of the Human Rights Council meetings can be found here.  All meeting summaries can be found here.  Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here.

The Council will next meet on Tuesday, 11 July at 10 a.m., when it will continue the interactive dialogue with the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, followed by the presentation of the report of the Office of the High Commissioner for Human Rights on the two-year comprehensive communications strategy on racial equality.  It will then proceed with an enhanced interactive dialogue on technical cooperation and capacity building in the field of human rights.

Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied Since 1967

Report

The Council has before it the report of the Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967 (A/HRC/53/59). 

Presentation of Report

FRANCESCA ALBANESE, Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, presenting her report on arbitrary deprivation of liberty, said since 1967, Israel had detained approximately one million Palestinians in the occupied territory, including tens of thousands of children.  Currently, there were 5,000 Palestinians in Israeli prisons, including 160 children, and approximately 1,100 of them were detained without charge or trial.  Her report did not condone any acts of violence committed by Palestinians, while living under an unlawful occupation or in their pursuit to end it.  However, it must be acknowledged that most Palestinians had been convicted through a series of violations of international law, such as discrimination, persecution, and breaches of due process and for ordinary acts of life and in the exercise of legitimate civil and political rights.  A widespread and systematic arbitrary deprivation of liberty of Palestinians was a structural component of their subjugation. 

Ms. Albanese said the enforcement of deprivation of liberty of Palestinians in the occupied territory rested in the hands of the Israeli military which wrote, enforced and reviewed those martial laws that only applied to the Palestinians.  Israeli domestic law applied to Jewish-Israeli settlers illegally residing therein.  This dual legal system was the pillar of Israel’s apartheid regime.  This draconian legal regime lay the foundation of a coercive environment whereby Palestinians were constantly at risk of being imprisoned, often by carrying out the simplest acts of life from farming, fishing, or going to school, but also opposing the occupation.  Children, liable to imprisonment as of 12 years of age, were treated as inhumanely and lawlessly as adults.

The Special Rapporteur said it was the security of Israel’s systematic appropriation of Palestinian land and dispossession of the Palestinian people that the longest occupation in modern history was meant to defend.  The occupied Palestinian territory had been transformed as a whole into a constantly surveyed open air prison.  The occupying power framed the Palestinians as a collective incarcerable security threat, ultimately de-civilianising them, namely eroding their status as protected persons.  This large-scale carceral practise was an essential feature of settler-colonial regimes, aimed at crushing the native populations, while incrementally seizing their ancestral lands. 

Israel’s unlawful carceral practices were tantamount to international crimes which warranted an urgent investigation by the Prosecutor of the International Criminal Court.  All the more as these offences appeared to be part of a plan of ‘de-Palestinisation’ of the territory.  This threatened the existence of a people as a national cohesive group.  It was critical that the international community recognised that the illegality of Israel’s occupation could not be rectified or made more humane by merely addressing some of its most severe consequences.  It was to be brought to an end and the rule of law and justice restored, in the interest of both the Palestinians and Israelis.

Statement by Country Concerned

The Vice-President of the Council said Israel was not present in the room to take the floor as a country concerned.

State of Palestine expressed support for the work of the Special Rapporteur despite attempts to target the mandate.  The report said detention was being used as a tool to stop those within the occupied territory from exercising their rights.  There were also threats, blackmail, assault and medical negligence being used against detainees, as well as their transfer outside the occupied territories.  These practices amounted to flagrant violations of the Hague Convention, the Geneva Convention and humanitarian law, and constituted crimes against humanity and war crimes.  Since the occupation, which began in 1967, more than 1 million Palestinians had been arrested, and more than 5,000 were still detainees; 24 of the current detainees suffered from cancer and other diseases.  There were also numerous examples on how the occupation dealt with activists and human rights defenders, including through lengthy trials and prison sentences.  The details contained in the report required the United Nations and the parties to the Geneva Convention to work together to exert pressure on the occupying power to ensure it implemented the recommendations made in the report. 

Independent Commission for the Human Rights of Palestine said medical negligence in detention had caused 700 Palestinian prisoners to suffer in prison, including 24 with cancer.  This included a prisoner who had been imprisoned since 1969, who had been diagnosed with a rare form of bone marrow cancer, and left without medical attention.  The authorities had rejected requests to release him for further treatment.  The Israeli authorities were fully responsible for the lives of Palestinian prisoners.  The Human Rights Council was called on to establish a special commission of inquiry into the abuses faced by Palestinian prisoners.  The Independent Commission for the Human Rights of Palestine called for those remaining to be released.  

Discussion

In the ensuing discussion, some speakers were concerned about the increasingly high number of civilian casualties, including women and children.  While recognising Israel’s right to defend itself and to protect its civilian population, speakers recalled that the use of force must be proportionate and in line with international human rights law and international humanitarian law; it should be used only as a last resort when it was strictly unavoidable in order to protect life.
Some speakers said the Palestinian people’s right to self-determination was seen by Israel as the ultimate threat to be repressed.  The Israeli occupation was a tool of colonialism, and fundamentally violated the United Nations Charter and the fundaments of international law.  Some speakers expressed grave concern at the continued expansion of Israeli settlements and related activities, including the expropriation of land, the demolition of houses, and the confiscation and destruction of property, which changed the physical character and demographic composition of the occupied Palestinian territories and the occupied Syrian Golan.  Some speakers remained concerned about the extensive recourse by Israel to administrative detention without formal charge, and called on it to respect, protect and fulfil the human rights of Palestinian minors, faced with arrest and detention, in line with international obligations and standards regarding the detention of children.

Some speakers expressed strong opposition to Israel’s settlement policy and activities, including in and around East Jerusalem, noting that settlements were illegal under international law.  Israel should halt continued settlement expansion, regularisation under Israeli law of illegal outposts, evictions, demolitions and forced transfers.  Settler violence was firmly condemned, including the recent outbreak, and there should be prevention and accountability.  These acts led to increased tensions and renewed outbreaks of conflict.  The recent aggression by Israel on Jenin camp, as well as the displacement and violence perpetrated against the Palestinians, were condemned roundly.  The international community should shoulder its legal and moral obligations and condemn this, along with all other aggressions.  The perpetrators of violence must be held accountable.  Such actions undermined the two-State solution and the possibilities for peace.  All parties must work to end the cycle of violence: all incidents of violence must be thoroughly investigated, and the perpetrators held to account.

Some speakers repeated their national commitment to strengthening efforts, including active engagement in international initiatives, aimed at ending the Israeli occupation, which constituted an illegal colonial occupation and apartheid regime, and reaffirmed unwavering support and solidarity with the Syrian just demand and rights to restore full sovereignty over the occupied Syrian Golan.  The apartheid regime must come to an end.  The systematic and continued deprivation of liberty and the lack of access to healthcare must be ended.  The international community must hold Israel accountable for criminalising the activities of Palestinians.

A number of speakers reiterated their support for the realisation of the legitimate national aspirations and inalienable rights of the Palestinian people, including self-determination and freedom in their independent State of Palestine, based on the 1967 borders, with East Jerusalem as its capital.  There must be an immediate end to the blockade and an end to the collective punishment of the Palestinian people.  The international community should ban this system of colonialism and apartheid, and take urgent action to address the situation.  The people of Palestine must be allowed to exercise their inalienable right to self-determination, in the light of international legitimacy and the relevant Arab initiatives.  The situation was, some speakers said, a crime against humanity.  The occupying power must be compelled to fully adhere to the relevant international resolutions and international legislation.

Some speakers said the mandate, due to its fundamental flaws, failed to provide an unbiased and objective assessment of the Israeli-Palestinian conflict.  The consistent focus on criticising Israel while turning a blind eye to the actions and responsibilities of the Palestinian leadership undermined the credibility of the mandate.  One speaker said the report had reached a shameful low point by seeking to justify a so-called “right to resist”. The key context of the vital need for strong and appropriate Israeli counter-terrorism measures was, unsurprisingly, missing from the report.  Member States must speak out against this moral outrage and contemplate what was becoming of the United Nations, which had now become a place where anti-Semitism was ignored.

Agenda item seven referred to the "Occupied Palestinian Territories", but the Council neglected to address the responsibility of Palestinian leaders in this matter, some speakers said.  This Council overlooked the fact that the Palestinian Authority allocated a substantial portion of its annual budget to compensating terrorists.  Similarly, it deliberately turned a blind eye to Hamas' exploitation of children in hostilities, contributing to a dangerous cycle of indoctrination, hatred, and incitement of violence within the Palestinian society.  Instead, it only served as another platform to delegitimise the State of Israel.  Almost 80 years after the Holocaust, Israel still bore the burden of being unfairly demonised through its own dedicated agenda item.  The Council should eliminate the discriminatory agenda item seven and actually work for the protection of human rights.

The report highlighted the arbitrary nature of the systematic detention of Palestinians, including women and children, causing families to leave their lands, another example of the violation of their rights, some speakers said.  It was up to the Human Rights Council to put an end to this continuing and egregious violation of human rights.  This was State terrorism, perpetrated against the Palestinian people, and the Council should carry out effective investigations into these international crimes.  The International Court of Justice should also investigate the situation.  This agenda item must remain on the agenda of the Council, and should be a priority - it was a vital instrument of the international community to maintain focus on the issue.  The Special Rapporteur was therefore thanked for her report, which raised deep concern.  One speaker asked how the international community could ensure continued humanitarian access to the occupied Palestinian territory. 

Concluding Remarks

FRANCESCA ALBANESE, Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, said that she appreciated that some speakers acknowledged some of the challenges faced by her mandate, specifically in accessing the occupied Palestinian territory.  She intended to pursue this as it was an essential prerogative of her work.  All members of the Council may not see eye to eye on the situation, but they agreed there should be peace.  This was not possible without a firm intervention from the international community. 

International law was there be respected; it was not an a la carte menu from which one could pick and choose.  Human rights were for all and not for a select group of people.  The issue of incarceration was massive and was essential to address in order to progress towards peace.  The occupation had transformed the occupied Palestinian territory into a surveilled prison.  Ms. Albanese condemned any acts of violence, especially when the targets were civilians.  It was important to address the root causes of the conflict, which was an occupation which had operated since 1967. 

Ms. Albanese said the international community needed to shift how it looked at Palestine and their approach.  Every Member State had the opportunity not to recognise the legitimacy of the occupation.  There were a number of conducts which could amount to crimes prosecutable under the Rome Stature.  These needed to be investigated, either by the International Criminal Court or other international jurisdictions.  The Palestinians faced an existential threat and needed protection from the international community.  Ms. Albanese said she had registered concern around her alleged bias.  She failed to see what in her report was biased; her job was to investigate the situation on the ground impartially, and make conclusions and recommendations.  She encouraged all delegations to work together to ensure that the human rights of both Palestinians and Israelis were upheld and respected.  

Interactive Dialogue with the Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance

Reports

The Council has before it the report of Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance (A/HRC/53/60).

The Council also has before it another report of the Special Rapporteur entitled Combatting glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance (A/HRC/53/62).

Presentation of Reports

ASHWINI K.P., Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, said the international community had seen a groundswell of commitment to addressing racism and racial discrimination in recent years, but more must be done to translate that into concrete improvements in the lived experiences of those affected by racism, racial discrimination, xenophobia and related intolerance.  Today, she had the privilege of presenting two reports to the Council.

The first report outlined her strategic vision and initial priorities for her tenure as the sixth Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.  It outlined the material scope of the mandate on the basis of the Human Rights Council resolutions establishing and extending the mandate and the General Assembly resolutions mandating the Special Rapporteur to report on trends in the glorification of Nazism.  While the report stressed the significance of the International Convention on the Elimination of All Forms of Racial Discrimination to the material scope of the mandate, a range of international human rights treaties provided protection from racial discrimination.  Finally, the report made targeted recommendations for Member States and other stakeholders, including calling on States to increase efforts to implement international legal provisions providing protection from racism, racial discrimination, xenophobia and related intolerance, particularly the International Convention on the Elimination of All Forms of Racial Discrimination and the Durban Declaration and Programme of Action, and suggesting ways in which States could cooperate in the fulfilment of the important mandate.

The Special Rapporteur said the report on combatting the glorification of Nazism, neo-Nazism and related ideologies noted with concern the continued prominence of racist, nationalist and far-right political parties and organizations operating throughout various national contexts.  In response to such trends, the report highlighted relevant provisions within international human rights law.  It recommended that Member States take substantial measures to address the concerning prominence of different manifestations of hatred.  The measures recommended included improving relevant national legal frameworks; adopting national action plans; strengthening and expanding efforts to employ education and public awareness campaigns to combat racist stereotypes and promote diversity; increasing disaggregated data collection; and augmenting efforts to implement relevant international legal provisions.  Lastly, the report also proposed some targeted recommendations to other stakeholders, calling on them to continue and strengthen their work facilitating collaboration between stakeholders, collecting disaggregated data, providing support to survivors and victims of hate speech and hate crimes, and promoting public awareness of multiculturalism and tolerance.

Discussion

In the discussion, some speakers welcomed the first report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, which outlined her strategic vision and initial priorities.  Many speakers said they were committed to combatting racism, racial discrimination, xenophobia, and related intolerance as stated in the Universal Declaration of Human Rights.  The seventy-fifth anniversary of the Declaration was an opportunity to highlight the need for strengthening efforts against all forms of discrimination.  Racism, racial discrimination, xenophobia and related intolerance were an affront to human dignity that needed to be overcome.  They were global problems which required global action.  One speaker said the issue of racism should unite the Council, rather than divide it.  It was not enough to be neutral or “not racist”; it was vital to be anti-racist.  Racial discrimination still existed in all societies and it was incumbent upon all to combat it. 

A number of speakers were pleased that the mandate holder focused attention to the relationship between gender discrimination and racism.  Women from ethnically and racially marginalised groups were among those experiencing the most severe forms of exclusion and marginalisation.  The Special Rapporteur’s intention to mainstream the intersections between gender and racism, racial discrimination, xenophobia and related intolerance into all elements of her work, was welcomed. 

Some of those speaking expressed deep concern about the various contemporary forms of racism, particularly those that were hostile to Muslims.  This could be seen through acts such as the burning of the Holy Koran in some countries, which was extremely troubling.  These manifestations of religious hatred and Islamophobia needed to be condemned and prevented.  The Special Rapporteur should present proposals to deal with these practices which were against tolerance and peaceful harmony.  Promoting religious tolerance, peace and respect for religious and cultural diversity, including through media and digital platforms, was vital. 

The glorification of Nazism was concerning, and speakers categorically condemned ideologies, including fascism and Nazism which represented a path which had already been defeated by humanity following the establishment of the United Nations.  Neo-Nazism and neo-fascism were rising and needed to be condemned.  These practices could not be justified. 

Increased efforts were needed to raise public awareness of the harmful effects of hate speech, both online and offline.  Many speakers shared the concern of the Special Rapporteur about the proliferation of hate speech online, including based on race, ethnicity, nationality, ancestry, religion, immigration status or gender identity.  Her strong emphasis on the need to address online hate speech and the nexus between digital technologies and all forms of racism and racial discrimination, including their contemporary manifestations, was welcomed.  There was a need to map the links between disinformation, the spread of racial stereotypes, and online hate speech and hate speech that incited racial discrimination, among others, to develop tools to combat it effectively. 

Some speakers called on all stakeholders to follow the implementation of related international instruments and denounce all forms of hate and exclusion.  Universal adherence to the International Convention on the Elimination of All Forms of Racial Discrimination and the need for the full and effective implementation of the Convention were core priorities in the fight against racism.  To advance on the implementation of the Durban Declaration and to move the international debate on racism further, there needed to be engagement from all relevant stakeholders.  To effectively combat discrimination, it was important to invest in developing comprehensive, holistic policies that focused on prevention, awareness raising, education, social inclusion, victim support, training of law enforcement officials, reporting, and data collection.  This should be done in consultation with a wide range of stakeholders, including civil society organizations.

The Special Rapporteur was asked what steps would she take to have a broad and inclusive approach to the process going forward?  How did she view the role of prevention and education in fighting racism?  What role did the Special Rapporteur see for her mandate in ensuring that the strong commitments made by Member States on technology, human rights, and technology-facilitated gender-based violence were implemented?  How could States incorporate an intersectional and cross-cutting approach into policies and programmes aimed at eradicating harmful hate speech and racial stereotypes?  How would the Special Rapporteur mobilise more support from countries and members of the Council to fulfil her programme of work?  What measures should States take to combat hate speech online, while still preserving freedom of expression for all?

 

Link: https://www.ungeneva.org/en/news-media/meeting-summary/2023/07/les-pratiques-carcerales-illegales-disrael-equivalent-des-crimes

 

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