Al-Shabaka by Nora Lester Murad, Does treating Israel as a special case erode the fundamental notions and universality of international humanitarian law? Failing to apply existing international rules and standards can be construed as support for Israeli violations of international law thus incurring responsibility in light of the International Law Commissions Draft Articles on State Responsibility (Article 16). This applies in particular to the use of the so-called peace process as a means to delay the realization of Palestinian rights. As long as the peace process is in motion, Israel is effectively exempted from accountability to international law. The fourth session of the Russell Tribunal underscored that the lack of concrete UN action to hold Israel accountable for its violations constitutes an internationally wrongful act (see Article 15). Furthermore, in the occupied Palestinian territories -- and particularly in Gaza – little or no attempt is made to comply with declaratory agreements and policy guidance on development assistance, such as the New Deal for Engagement in Fragile States, the Busan Partnership for Effective Development Cooperation, the Accra Agenda for Action, and the Paris Declaration, which stress common principles that include local ownership, accountability, transparency, and civil society participation. For example, a Gaza-based sociologist told researchers in 2010: Too many international NGOs come to Gaza with a 100 percent humanitarian agenda, while our NGOs are all developmental. They come here, have no idea about the local context, recruit our well-trained staff, and work directly with the end beneficiaries. This is no partnership. It weakens our local NGO structures and treats us as subcontractors. The study also referred to the problems created by more generous salary levels for NGOs, duplication of work, and short-term interventions, among other ills. Another example is the 2009 Gaza donor conference held in Sharm el-Sheikh, which, as aid critic and civil society activist Omar Shaban noted, had no participation from local Gazan institutions or the Hamas leadership. Palestinians are effectively precluded from exercising self-determination when international actors lead non-accountable processes that exclude genuine Palestinian participation because they are non-transparent, conducted in English, or because international governments select and appoint specific Palestinians, based on political criteria, who are then deemed representative. International organizations have exempted Israel from scrutiny for so long that they themselves must now be held accountable for the results, as the Russell Tribunal has urged. Indeed, the principle of the accountability of international organizations was specifically addressed in the 2012 Declaration of the High Level Meeting of the UN General Assembly on the Rule of Law at the National and International Levels, which not only underscored that the promotion of the rule of law and justice should guide all their activities but also that “the rule of law applies to all states equally, and to international organizations, including the United Nations and its principal organs […] Does international disregard for humanitarian principles send a message that Palestinians have no rights and Israel has no obligations? There are several conflict-specific examples of reparations programs such as claims commissions, freezing of assets, and garnishing of revenues that take a broad view of the types of harm for which claims can be made. However, none of these have been used in the case of Israeli violations against Palestinians. The sources of international law that call on injuring parties to assist victims are listed in a recent publication by the Harvard University International Human Rights Clinic and include the following: Basic Principles and Guidelines for Victims, the Rome Statute, the Principles on Transboundary Harm, and the non-binding Basic Principles and Guidelines on the Right to a Remedy and Reparations for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law adopted by the 2005 UN General Assembly. The most recent international finding regarding reparations that are directly linked to Israels harm of Palestinians relates to Israels illegal Wall, with the ICJ calling for reparations for all natural and legal persons affected. While this was a non-binding advisory opinion, a subsequent UN General Assembly resolution (A/ES-10/294, January 13, 2005) demanded Israels compliance with the advisory opinion and established a register of damages related to the Wall, which could prove useful in a future claim. After the 2008-2009 Israeli aggression against Gaza, the UN Human Rights Council voted that Israel should pay reparations for damages suffered by Palestinians, but again there was no implementation. The only time the international community has ever demanded the payment of reparations from Israel was for damage it caused in the 2008-2009 Gaza conflict. The claims were made not by or on behalf of the Palestinian victims, however, but by the UN for damages to its own facilities. It is noteworthy that Israel paid. It cannot be argued that international aid is a form of reparation. First, because beneficiaries perceive development programs as distributing goods to which they have rights as citizens rather than as victims. Second, experts in transitional justice say that remedies are central to any process of reconciliation and justice and only have meaning if the party causing injury pays its own damages. In any case, Israels responsibility is not abrogated by Palestinians receipt of international aid. Apart from Palestinians claims against Israel, which international aid actors should support, bad practice by international organizations may in itself be a basis for claims by Palestinians if the Draft Articles on the Responsibility of International Organizations take effect (A/66/10, para. 87). maannews.net/eng/ViewDetails.aspx?ID=740059
Posted on: Sun, 16 Nov 2014 19:05:43 +0000
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