A Unified Palestinian Vision or the Birth of a New Political Reality??

Lawyer Salah Ali Moussa, 31/03/24

The Palestinian leaders and a number of writers and thinkers tended to call for the necessity of building a unified strategy to confront the aggression and the danger of the stage. Some believe that this is possible if the will, desire and decision of the parties are present. Some of them called for the formation of a unified national leadership, some of them called for the reform of the PLO, and some of them said that The embodiment of the state is a choice.

Let us review where each Palestinian faction stands in this existential battle, where the Arab countries stand in light of the aggression, where America stands, and how it sees the solution? How does Israel view the Palestinian issue after October 7?

The President says that Hamas must recognize the resolutions of international legitimacy and adhere to the obligations of the Liberation Organization, and that this is the national program. Hamas says that it is committed to the national reconciliation program and that this stage requires partnership and not a frame of reference based on commitments that have been overtaken by events and no longer exist. Its position is that if Hamas wanted to recognize the commitments of the PLO, it would have recognized them in isolation from the PLO and would have become the address of all international and Arab parties and easily become a representative of the Palestinian people. Therefore, what the president is asking for is disconnected from reality. Dahlan finds that the war is an opportunity for him to return to the forefront of leadership.

The Arabs, led by Egypt, Jordan, Saudi Arabia, and the Emirates, see Hamas as part of the Iranian axis and that it should not be granted any political victory, so I advised the authority, Dahlan, Fayyad, Al-Qudwa, and Marwan Barghouti to engage in a unified framework. There is no objection to Hamas joining through figures affiliated with it in the proposed system, or joining after being stripped of its power. Its strength elements. 

As for America, it believes that there is no solution to the Palestinian issue except a state devoid of national fat, and that talking about an independent state within comprehensive regional arrangements does not go beyond the deal of the century in its essence, meaning that it does not want to achieve any achievement for Hamas and the Palestinian people through what President Biden called the renewable authority. 

As for Israel no longer sees any horizon for any political solution to the Palestinian issue, and there is no alternative to administrative solutions in which the Authority is liquidated in its current form. In the event of the defeat of Hamas, the next day will be life alternatives that will occupy people in Gaza for at least ten years to search for new conditions of life, as for the West Bank. With time, life conditions become harsh and people leave voluntarily.

As for a number of Palestinian parties and movements, and a number of Palestinian and Arab writers and thinkers, they called for the formation of a unified national leadership that would transcend the state of exclusivity in Palestinian decision-making and not keep it in the hands of the president and the staff surrounding him.

The president is haunted by fear of Hamas’ desire to control the PLO, and he believes that by adhering to the conditions for Hamas’ accession to the PLO, he is guaranteed to be rejected by Hamas, and thus he remains safe from Hamas’s burden at this stage, because Hamas did not accept the Quartet’s conditions before the war. Will it accept after the war? 

Hamas does not pay attention to the president’s demands. What matters to Hamas is to stop targeting civilians and stop the policy of starvation against the people of Gaza so that it can focus on resistance work. Hamas does not care about who delivers aid to the Palestinian people, but not at the expense of Hamas as an honorable body, so Israel is within the framework of its understanding of this. 

In recent days, the dynamic has focused on assassinating members of Hamas who supervise the distribution of aid in preparation for the emergence of one or other parties to take responsibility for managing aid in the Gaza Strip. This means that after failing to eliminate the military structure of Hamas, Israel seeks to dismantle the civilian structure in the hope of separating the civil structure from the military so that it can focus on military action, and with time it isolates Hamas from people’s lives and thus disintegrates Hamas and jihad with the passage of time.

On the other hand, Dahlan considered the aggression against Gaza to be an opportunity for him, and as long as America has the solution in hand, it is through America that a comprehensive framework can be formulated to launch a comprehensive financial, political and security package in Palestine and the entire region. Therefore, it was leaked that Dahlan took the initiative to persuade Hamas to establish the port in the hope that the port will turn To one of the symbols of Palestinian sovereignty later. 

On the other hand, whoever proposes the idea of ​​establishing a unified national leadership does not have the tools or capabilities on the ground because all the regional and international parties do not find this proposal any chance of success, so every team and party seeks to crystallize an approach that serves its interests and ambitions. Although it is a useful idea in the collective sense, it does not have two legs to stand on, because the president rejects it and Hamas does not find it worthy at this stage, and because the Arabs do not want a unified Palestinian framework because that distances parties and brings Hamas closer to decision-making.

America opened channels of dialogue with all Palestinian parties, using the Arab countries as a lever for its efforts. On the one hand, it asks the authority for reform and says that there are noticeable steps achieved by the authority. It knows that the president did not take any fundamental step that was asked of him, and that changing the government is the only demand that he implemented, and he appointed a person who was not acceptable to either an American or an Arab. He did not appoint a deputy, did not stop paying the salaries of martyrs and prisoners, did not make any change to the educational curricula, did not unify the security services, and did not reform the judiciary in a clearer sense. He still exercises absolute powers in managing the Palestinian issue. So why does America say that Did the authority make reforms? Is this accompanied by Jack Chumi’s statement that Abu Mazen is an obstacle to reform and must leave? On the other hand, America is communicating with Dahlan and coordinating with him on the port issue, and is pushing for an Arab-Israeli partnership through Saudi-Israeli normalization as a culmination of ending the aggression against Gaza? 

America is exercising the role of decision-maker even in the details of military operations in the Gaza Strip, as if it were the one managing the war and determining the objectives of each stage of the war in order to achieve the political goals it desires. The majority leader in Congress even called for early elections in Israel.

Israel is holding meetings, as leaked from more than one source, with Major General Majid Faraj to manage the aid file and control security in the Gaza Strip. At the same time, it is holding other meetings with Dahlan for the same purpose and objective, and is asking businessman Bashar Al-Masry to have a role in the Gaza Strip. This is all according to what was reported by the Wall Street Journal. Journal.

Through these leaks, Israel may be seeking to harm the national structure and cause damage to the reputation of those whose names were leaked. They may not have held any meetings with the Israeli side, which is an attempt to harm their national and social standing. Their names will be published so that the Palestinians exhaust their efforts in quarreling and even clashing between them.

The president believes that he has the key to the decision by refusing to cooperate with Hamas and Dahlan, and rejecting Arab and international pressures. He says that as long as I am the address, they cannot bypass me. Dahlan says that he is working as if the president and the authority do not exist, and as long as the Arabs, America, and Hamas are, to a certain extent, ready to cooperate, the role of the president and the authority will erode, and they will find themselves faced with realities. They cannot bypass it, even the government led by Muhammad Mustafa will fail because it will not work in the sector.

Jordan, on the one hand, lets the Authority do what it wants in order to maintain the stability of the situation in the West Bank. On the other hand, it engages with the American and Arab efforts and Dahlan’s efforts for the next day. As for Saudi Arabia, the Emirates, and Egypt, what is important to them is that Hamas does not prevail politically and let America put pressure on Qatar to make Hamas submit to American demands for the next day. The end of the war, as if the battle being waged today was not over a prisoner exchange contract, the return of the displaced from the south of the Gaza Strip to the north, and stopping the war, but rather approving a deal the day after the war. No one tells us that all these American and European tours to the region are only being held  for truce arrangements, the exchange of prisoners, and the return. The displaced people and the delivery of aid, we believe that these are deep and strategic arrangements to make Israel victorious and defeat Iran and its axis. Therefore, there will be no unified Palestinian vision as long as we are disintegrated to this extent and in this way, either by our own hands or through Arab or international efforts. Building a unified Palestinian vision requires a special miracle, and that every side sees it. It is the most concerned about the interests of the Palestinian people, and the Arabs have a complex of political Islam and do not see any possibility of reconciliation with it, and they fear Iran more than Israel. 

It is the steadfastness of the Palestinian people and their leadership on the ground that will decide the results of this confrontation, and a new political reality must be born, with which many parties will be absent and others’ status will be elevated .

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The ICC arrest warrants must bring an end to Israel’s atrocities – and true accountability for all the guilty

Owen Jones, 21 Nov 2024

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Benjamin Netanyahu and his former foreign minister have been accused of heinous crimes.

It is not just Benjamin Netanyahu and Yoav Gallant who should fear accountability for one of the gravest crimes of our age. If the international criminal court (ICC) had not issued today’s arrest warrants for the Israeli prime minister and his erstwhile defence minister – and indeed Hamas military leader Mohammed Deif – a global legal order already widely regarded with contempt by much of the world would not have survived.

Why? Because of the scale of the alleged crime. Because of the overwhelming body of evidence, not least that accumulated by Palestinian journalists, many of whom acted as the world’s eyes and ears on the killing fields of Gaza before being killed by Israel, often alongside their families. And because few crimes in modern history have been so confessed to – boasted about even – by the perpetrators, from leaders at the top to the soldiers unleashing murderous mayhem on the ground. That the evidence for war crimes and crimes against humanity has met the threshold to satisfy the ICC’s chief prosecutor, an independent panel of esteemed lawyers and now three pre-trial international judges demonstrates the strength of the case – and that nobody who facilitated this historic abomination can plead ignorance. It is not just Netanyahu and Gallant who should tremble before justice: as well as other Israeli leaders and soldiers, so should the guilty men and women of western governments.

Some may consider the threat of arrests to be far-fetched: those charged would need to travel to a state that is a signatory to the ICC, which excludes, for example, the US, and Netanyahu may enjoy a level of immunity in foreign states because he is a head of government. But as Victor Kattan, an assistant international law professor at Nottingham University, tells me, the now sacked minister Gallant has no such immunity. “Today’s move is unprecedented,” he tells me, “because we have never had Israelis held accountable for anything they’ve done to Palestinians for the last 70-plus years.” That the judges assessed the available evidence and decided there were reasonable grounds to issue an arrest warrant, he says, speaks to “very, very serious crimes we know are likely to be taking place.”

Indeed, the accused were open about their plans to commit these crimes from the start. The western politicians and media outlets that aided and abetted these atrocities know that, which is why their own protestations of innocence should be considered buried under the rubble, along with countless butchered Palestinian families. At the very start, Gallant declared Israel would impose a total siege on Gaza’s population, whom he termed “human animals”, echoed by one of his leading generals who threatened to unleash “hell” on the civilian population. As two US government agencies concluded seven months ago, Israel indeed deliberately blockaded the essentials of life.

In the days after 7 October 2023, Gallant promised “Gaza won’t return to what it was before.” If that left room for subtlety, he declared: “Hamas won’t be there. We will eliminate everything.” He told Israeli soldiers that he had “released all the restraints” and “removed every restriction” on them. And so it came to pass. The Israeli onslaught has killed what some public health experts estimated in July could amount to 180,000 Palestinians, and by last December had already destroyed so many buildings that Gaza was a different colour and texture when observed from space. These soldiers often posted their actions online, overwhelmed with glee and triumphalism as they did so. Too many western media outlets not only failed to frame their coverage around Israel’s explicit declarations of intent, they buried them, failed to explain their implications, and in many cases simply did not cover them at all.

Western politicians willingly armed this promised crime: the Biden administration has offered $12.5bn worth of aid since 7 October, and just this week was alone on the UN security council in vetoing a ceasefire. The White House has already come out to “fundamentally reject” the ICC’s decision to issue arrest warrants. Israel has said Netanyahu would “not give in to pressure” in the war against Hamas and the Iranian “axis of terror” and Gallant previously referred to the warrants as drawing a “despicable” parallel between Israel and Hamas. When the Labour government finally suspended some arms sales to Israel in September, it left 92% intact and bent over backwards to emphasise that Israel remained a staunch ally.

While western politicians and media outlets made themselves willing accomplices to an obvious heinous crime, those who took Israeli leaders and officials at their word were demonised, hounded, defamed and silenced. Well, let us be clear here. This crime is simply too depraved, too obscene, too colossal for the complicit not to face accountability.

But now is a time to give proper credit to the longsuffering people of Palestine. As the human rights scholar Dr Alonso Gurmendi tells me, “this is the denouement of a long process that the Palestinian leadership started in the early 2010s,” praising their success in “using international law to advance their liberation”. As he also notes, today’s decision could prove to be a sea change, where the west’s “double standards and conditional commitment to international law will be put to the highest test at the hands of an emerging global south”.

There is a separate case, of course, led by South Africa, at the international court of justice, seeking to prove Israel is committing genocide. But if anything emerges from the rubble of Gaza, let it be this. Israel’s genocidal onslaught is the most obscene example of how western supremacy is riddled with grotesque hypocrisies. Let accountability mean that these horrors will never be possible again.

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Israel continues attack on al-Shifa Hospital with systemic violence

Nora Barrows-FriedmanRights and Accountability21 March 2024

A white donkey pulls a cart with people in it, including young children
Palestinians from the area around al-Shifa Hospital in Gaza City are being forced to flee to southern Gaza, 18 March. Naaman OmarAPA images

Israeli forces have continued their siege and attacks on al-Shifa Hospital in Gaza City for the fourth consecutive day.

On Thursday, the Israeli army detonated and completely destroyed the specialized surgery building, which it had already bombed and set on fire on Monday.

During the ongoing raid, the Israeli army prevented doctors and medical staff from treating their patients, resulting in more than a dozen deaths.

The Government Media Office in Gaza statedthat “doctors and nurses were arrested and removed from the departments and forced to strip off their clothes, and prevented from reaching the patient rooms to attempt to save them.”

Israel’s army, the media office added, is “systematically and deliberately committing the crime [of] genocide with premeditated intention, and is committing horrendous and clear crimes against humanity by using the weapon of starving the sick and wounded, and practicing deliberate medical negligence against them, the rest of the medical and nursing staff, and the displaced people inside the compound

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”We’ll make a note of that “

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“The Real Israel”

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“South Africa is the Right Arm of Justice”

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Statement of ICC Prosecutor Karim A.A. Khan KC on the issuance of arrest warrants in the Situation in the State of Palestine

21/11/2024

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On 20 May 2024, my Office submitted applications for warrants of arrest before Pre-Trial Chamber I in relation to the situation in the State of Palestine.  

Today, based on the evidence presented by my Office, the judges have confirmed that there are reasonable grounds to believe that Rome Statute crimes have been committed.

With respect to Mohammed Diab Ibrahim Al-Masri, more commonly known as Deif, Commander-in-Chief of the military wing of the Islamic Resistance Movement “Hamas”, known as the Al-Qassam Brigades, the judges of the International Criminal Court have found reasonable grounds to believe that he is responsible for the crimes against humanity of murder, extermination, torture, and rape and other forms of sexual violence; as well as the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other forms of sexual violence.

With respect to Israeli Prime Minister Benjamin Netanyahu, and former Israeli Minister of Defence Yoav Gallant, the judges of the International Criminal Court have found that there are reasonable grounds to believe that each has committed the war crime of using starvation as a method of warfare and crimes against humanity of murder, persecution, and other inhumane acts, as a direct perpetrator, acting jointly with others. The Chamber also found reasonable grounds to believe that they are each responsible for the war crime of intentionally directing attacks against civilians as a superior.

My Office had also submitted applications for warrants of arrest for Mr Yahya Sinwar, then Head of Hamas in the Gaza Strip, and Mr Ismail Haniyeh, former Head of the Hamas Political Bureau, but later withdrew them following evidence confirming their deaths.

Today, our collective mind and focus should be on the victims of international crimes in Israel and in the State of Palestine. In my own meetings with the victims and families of hostages taken from kibbutzim, and with victims from Gaza who have lost so many loved ones, I have underlined that the law is there for all, that its role is to vindicate the rights of all persons.

The decision of the independent judges of the International Criminal Court affirms that international humanitarian law must be upheld in all circumstances through fair and impartial judicial processes.

As I emphasised in May, these applications were made following an independent investigation, and on the basis of objective, verifiable evidence vetted through a forensic process.

I appeal to all States Parties to live up to their commitment to the Rome Statute by respecting and complying with these judicial orders. We count on their cooperation in this situation, as with all other situations under the Court’s jurisdiction. We also welcome collaboration with non-States Parties in working towards accountability and upholding international law.

I will also continue to seek cooperation from all stakeholders including the State of Israel and the State of Palestine to ensure my Office fully meets its responsibility pursuant to article 54 of the Rome Statute to investigate incriminating and exonerating circumstances equally. In line with the Rome Statute, the door to complementarity continues to remain open. As with all situations, we will continue to actively assess the application of this fundamental principle, which requires genuine domestic investigations and any necessary prosecution of the same individuals for substantially the same conduct.

In parallel, my Office is continuing to pursue its independent and impartial investigation in the situation in the State of Palestine with focus. We are taking forward additional lines of inquiry in areas under the Court’s jurisdiction, which include Gaza and the West Bank, including East Jerusalem. I am deeply concerned about reports of escalating violence, further shrinking humanitarian access, and continued expansion of allegations of international crimes in Gaza and the West Bank.

We will continue to carry out our mandate in order to fulfil the fundamental commitment forming the basis of the Rome Statute: that the lives of all human beings have equal value

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UK Independent MPs challenge PM’s ‘flippant denial’ of Israel’s genocide in Gaza

November 19, 2024 at 2:43 pm

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Former Labor Party leader Jeremy Corbyn makes a speech attending a protest against the Israeli army’s attack on displaced civilians in Al-Mawasi, on September 12, 2024 in London, United Kingdom. [Raşid Necati Aslım – Anadolu Agency]

Former Labour leader, Jeremy Corbyn, and the Independent Alliance of MPshave issued two letters challenging Prime Minister, Keir Starmer, and Attorney-General, Lord Hermer, KC, over their position on Israel’s genocide in Gaza.

The letters follow Starmer’s recent denial in Prime Minister’s Questions that Israel is committing genocide in Gaza, a stance echoed by Foreign Secretary, David Lammy, who claimed such descriptions “undermine the seriousness of that term”.

In their letter to Starmer, the MPs directly challenge his “flippant denial of genocide”, stating it “egregiously downplays the suffering of Palestinians and shows blatant disregard for international law.” They remind the Prime Minister that genocide’s legal definition focuses on intent rather than numbers killed, citing Article 2 of the Genocide Convention.

“It is difficult to avoid the conclusion that your denial of the genocide in Gaza is rooted in the knowledge that, if you accepted the true scale of what is happening, you would be admitting your government’s ongoing complicity in crimes against humanity,” the letter states.

In their letter to Starmer, the MPs specifically ask whether the Prime Minister “sought or received any legal advice from the Attorney-General over the definition of genocide and its applicability to the situation in Gaza.” The letter demands to know if he has “received any other legal advice on this matter” and when such advice will be made public.

The group’s letter to Attorney-General, Lord Hermer, KC, specifically questions whether he has provided legal advice to the Prime Minister regarding the definition of genocide and its applicability to Gaza. They ask whether “the Prime Minister and the Foreign Secretary have publicly contradicted the findings of UN reports and pre-empted decisions of international courts on this issue.” Isreal is currently under investigation by the International Court of Justice (ICJ) for genocide.

The intervention comes as multiple international bodies have called Israel’s aggression in Gaza genocide. A UN Special Committee recently concluded that “the policies and practices of Israel during the reporting period are consistent with the characteristics of genocide,” including “the targeting of Palestinians as a group” and using “starvation as a weapon of war.” The MPs note that the ICJ ruled in January that Palestinians face a “real and imminent risk of irreparable prejudice” to their right to be protected from genocide.

Both letters demand transparency about any legal advice received regarding the definition of genocide and its application to Gaza. The Independent Alliance, which includes MPs Adnan Hussain, Ayoub Khan, Iqbal Mohamed, Jeremy Corbyn, and Shockat Adam, also calls for an end to UK arms sales to Israel.

The parliamentary challenge coincides with Pope Francis’s call for an investigation into whether Israel is committing genocide in Gaza, adding to growing international pressure for accountability over Israel’s military onslaught which has claimed the lives of 44 thousand Palestinians, the overwhelming majority of whom are women and children

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UN Experts Appalled by Reported Human Rights Violations against Palestinian Women and Girls

19 February 2024

GENEVA (19 February 2024) – UN experts* today expressed alarm over credible allegations of egregious human rights violations to which Palestinian women and girls continue to be subjected in the Gaza Strip and the West Bank.

Palestinian women and girls have reportedly been arbitrarily executed in Gaza, often together with family members, including their children, according to information received. “We are shocked by reports of the deliberate targeting and extrajudicial killing of Palestinian women and children in places where they sought refuge, or while fleeing. Some of them were reportedly holding white pieces of cloth when they were killed by the Israeli army or affiliated forces,” the experts said.

The experts expressed serious concern about the arbitrary detention of hundreds of Palestinian women and girls, including human rights defenders, journalists and humanitarian workers, in Gaza and the West Bank since 7 October. Many have reportedly been subjected to inhuman and degrading treatment, denied menstruation pads, food and medicine, and severely beaten. On at least one occasion, Palestinian women detained in Gaza were allegedly kept in a cage in the rain and cold, without food.

“We are particularly distressed by reports that Palestinian women and girls in detention have also been subjected to multiple forms of sexual assault, such as being stripped naked and searched by male Israeli army officers. At least two female Palestinian detainees were reportedly raped while others were reportedly threatened with rape and sexual violence,” the experts said. They also noted that photos of female detainees in degrading circumstances were also reportedly taken by the Israeli army and uploaded online.

The experts expressed concern that an unknown number of Palestinian women and children, including girls, have reportedly gone missing after contact with the Israeli army in Gaza. “There are disturbing reports of at least one female infant forcibly transferred by the Israeli army into Israel, and of children being separated from their parents, whose whereabouts remain unknown,” they said.

“We remind the Government of Israel of its obligation to uphold the right to life, safety, health, and dignity of Palestinian women and girls and to ensure that no one is subjected to violence, torture, ill-treatment or degrading treatment, including sexual violence,” the experts said.

They called for an independent, impartial, prompt, thorough and effective investigation into the allegations and for Israel to cooperate with such investigations.

“Taken together, these alleged acts may constitute grave violations of international human rights and humanitarian law, and amount to serious crimes under international criminal law that could be prosecuted under the Rome Statute,” the experts said. “Those responsible for these apparent crimes must be held accountable and victims and their families are entitled to full redress and justice,” they added.

* The experts: Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences;Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967Dorothy Estrada Tanck (Chair), Claudia Flores, Ivana Krstić, Haina Lu,and Laura Nyirinkindi, Working group on discrimination against women and girls.

The experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.

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Fourth US Veto Shielding Israel’s Genocide on Gazans.

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In just four months, the American government has exercised its veto power four times against measures benefiting Palestinian children and women. Such actions are shameful and emblematic of a regime tainted by bloodshed and fascism.

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