Do Hamas members + supporters have human, civil rights in the West Bank?

The answer is obvious, but the question is not rhetorical.

There has been a great deal [well, ok, an unusual amount] of mobilization at official levels concerning the Israeli military’s detention of Aziz Dweik [see our earlier post here] at Jaba’a Checkpoint last Thursday.

UPDATE: On Tuesday 24 January, Aziz Dweik was sentenced at Ofer Military Court to six months’ Administrative Detention. That means neither substantial accusations nor evidence is made known to the accused or to his/her lawyer [nothing beyond “being a threat to security of the area”]. The Israeli Security services just ask to speak to the Israeli military judge in a private session, and that is that. Since there are no charges and no evidence, no defense is possible, in such circumstances….

UPDATE: Also on Thursday 24 January, Israeli troops entered Ramallah — Area A, and the de facto capital of the West-bank based Palestinian Authority — to arrest yet one more Palestinian MP affiliated with Hamas, AbdulJabber Fuqara. Israeli reports citing Palestinian sources say that his wife reports that Israeli troops also confiscated papers at Fuqara’s home Thursday morning [no doubt, quite early, in the dark, before dawn, when the rest of the area is sleeping, these operations are almost always carried out] …

Administrative Detention is one of the major violations of human rights of Palestinians living under Israeli military occupation. Nearly 300 Palestinians [some 26 or 27 of them, currently about 10 percent of the total, are Palestinian members of the non-functioning Legislative Council who were elected on a Hamas-affiliated political party list].

As the Palestinian Centre for Human Rights [PCHR, based in Gaza, but no affiliate of Hamas] has reported, Dweik’s car was stopped at 20h30 at night, after work,  as he was on his way home from Ramallah to Hebron. That means that Dweik had driven on the road that passes around Qalandia Checkpoint, and going out through Jaba’a checkpoint on the lane that is normally not checked by soldiers. 

The lane in the direction Dweik was travelling heads out towards the roads [shared with thousands of settlers and the relatively few internationals who work in Ramallah and elsewhere in the northern West Bank] which lead to the Maale Adumim traffic circle, then through congested and garbage-strewn Abu Dis and Eizariyya [Bethany] before passing the infamous Wadi Nar [hellfire] road going south to Bethlehem and then to Hebron.

Jaba’a Checkpoint is on the feeder road that is next to Jaba’a village, facing Road 60 which brings settlers and Palestinians from the northern West Bank.  It is just across from the traffic circle outside the Jewish settlement of Adam.  Passing through this traffic circle is the only way for Palestinian ID holders in Palestinian cars to get from the north to the south of the West Bank.  [There is also heavy settler traffic on the roads between Adam traffic circle and the Hizmeh Checkpoint at the entry to Jerusalem via the settlement of Pisgat Zeev, which the Palestinian cars — which are not allowed to enter Jerusalem either through Qalandia Checkpoint or through Hizmeh Checkpoint, must circumvent to take a more circuitous route to Maale Adumim traffic circle before continuing south. … so the term “Apartheid Road” system is not completely accurate, and is usually determined by the Checkpoint regime rather than by any other type of enforcement.]

Dweik was reportedly blindfolded and handcuffed, and eventually taken to Ofer prison — which is not even a one-star hotel — where he is apparently still being interrogated. The Jerusalem Post’s Khaled Abu Toameh reported Sunday night, here, that:

    “Palestinian Authority President Mahmoud Abbas called on Sunday for the release of Abdel Aziz Dweik, speaker of the Palestinian Legislative Council, who was detained by the IDF last Thursday. ‘I’m not convinced that Dweik had committed any crime’, Abbas told a Russian TV station”.

So, the question is, why did Abbas have to say this to a Russian TV station [through its local correspondent in Jerusalem?], and not on Palestinian TV? Would that have been called incitement?

No one of the usual sources has raised a cry against the wave of Hamas detentions that has been going on through the past year.

If someone is a political opponent, or even if someone is labelled as being linked to a “terrorist” organization, does that mean they have no human or civil rights? Of course it does not. But, in the West Bank under occupation, it is only too easy to deprive people of the few rights that might be available to them…

The PA itself has detained Hamas members [both sides are supposed to have released “political” prisoners as part of the reconciliation deal between Fatah and Hamas, but this has not happened after two deadlines have passed, and in general the PA has said it has no “political” prisoners, only those who have committed security offenses or common crimes…]

The PA has also fired Hamas-affiliated governmental employees, including dozens of school teachers — yet Hamas members dominate many of the local municipal councils, and there is a Hamas mayor a “moderate” one] in the large northern West Bank city of Nablus.

There has been some talk about Dweik’s arrest really being motivated by Israel’s aim to block his plan to convene an imminent meeting of the dormant Palestine Legislative Council [PLC]. But Israeli arrests of Hamas members of the PLC have been going on for several years … and it is not clear why Israel would be more concerned about this now, unless it is a way to foil Hamas-Fatah reconcilation efforts.

The reconvening of the PLC s also understood to be a matter of concern to Abbas advisers, who known that the minute the PLC is convened, it may do something like decide to repeal several years of executive decisions that Abbas has been able to issue in the lack of a viable PLC. So, it became a vicious circle: so many Hamas members were in jail it was impossible to convene the necessary quorum, and even if it were to become possible, no one really wanted to deal with the unforseeable consequences.

The Khaled Abu Toameh article in the JPost also reported that Abbas said, about Dweik’s detention:

    “ ‘Frankly, this is an arbitrary detention and it’s completely illegal’, Abbas said, noting that Dweik, a top Hamas political figure in the West Bank, had been arrested a number of times in the past. The PA, meanwhile, presented Israel with a letter demanding the release of Dweik and 23 Palestinian legislators, most of whom belong to Hamas. A Palestinian official told AFP that chief PLO negotiator Saeb Erekat delivered the letter to Israeli envoy Yitzhak Molcho during their fourth meeting in Amman over the weekend. The PA also demanded the release of some 130 Palestinians who were jailed before the signing of the Oslo Accords in 1993. In addition, the PA is demanding the release of top Fatah operative Marwan Barghouti, who is serving five life terms for his role in terror attacks against Israelis; and Ahmed Sa’dat, secretary-general of the Popular Front for the Liberation of Palestine – the group behind the assassination of Tourism Minister Rehavam Ze’evi in 2001. Among the Hamas legislators who are held in Israeli prison are Mahmoud Ramahi; Ahmed Haj; Ayman Daraghmeh; Nayef Rajoub; Fadel Hamdan; Mohammed Tal; Omar Abdel Razek; Mohammed Abu Teir; Mohammed Natsheh; Mohammed Abu Gehisha; Hassan Yousef; Azzam Salhab; Hatem Kafisha; Azzam Salhab; Nizar Ramadan; and Samir Qady”.

This list, if exhaustive, neatly leaves out Hussam Khader, a Fatah activist from Balata Refugee Camp in Nablus who was once part of the group known as “young Fatah” [which included Marwan Barghouthi as well as Qaddoura Fares, a long-time prisoner held by Israel in an earlier period who has since actively supported the Geneva Initiative of civil society working to advance a peace treaty and who now heads the Ramallah-based Palestinian Prisoner’s Society].

Khader has confronted and challenged the Fatah leadership for years, famously including Mahmoud Abbas during the Sixth Fatah General Conference held in Bethlehem in August 2009 — and has been considered inconvenient despite [or perhaps because of] his popular appeal.

Khader was re-arrested in a 2am raid on his home on June 2, and has been held in Israel’s Megiddo Prison, north of the West Bank, since an Israeli military judge confirmed a 6-month sentence of Administrative Detention in June, which was renewed in December at the request of the Israeli Security Services [then cut in half, to 3 months, upon the appeal of his Palestinian-Prisoner-Society lawyer Jawad Bulous, who has offices in the Galilee and in East Jerusalem]. Both in June, and again in December, the Israeli military judge did express some scepticism about the lack of concrete charges — publicly, as is usual in cases where Administrative Detention is applied to Palestinians under military law — the charges are only listed as “being a threat to safety and security in the region”. But, both times, the Israeli military judge did give in to the demands of Israeli Security Services.

It is believed, however, that Hussam Khader was questioned about his contacts with Hamas — particularly during visits to Lebanon and to Syria in 2010, during which time he believed he acted with the blessing of Mahmoud Abbas, as part of efforts to bring about Fatah-Hamas reconciliation.

So, why has Mahmoud Abbas not mentioned Hussam Khader’s detention?

Quote of the day – (4th in our series)

Today’s quote is written by Jerusalem Post Defense Correspondent Yaakov Katz, writing about the report commissioned by the IDF, which was recently presented to the client (with only a summary to the public) by Major General Giora Eiland:
“…what is also clear from the recent flotilla affair, and others before it, is that the military culture here does not believe in holding individual officers responsible for their mistakes. This is without a doubt the case when it comes to high-ranking officers but can also be applied to the junior ranks“. The JPost article from which this is drawn can be read in full here.

IDF military police begin investigation of last weekend's shootings in Nablus area

The Jerusalem Post’s well-connected Defense Correspondent Yaakov Katz has reported today (Thursday) that “on Wednesday, the Military Police began investigating the shooting of two Palestinians on Saturday near Nablus who were killed, likely by IDF troops, during a protest. The soldiers were supposed to only use rubber bullets”. This news is posted here.

This is a rapid and decisive move — and may be part of the reason that the situation has remained calm on the ground in the West Bank, despite deep Palestinian anger, grief, and outrage.

As early as Sunday night, Haaretz reported here that “IDF doctors met with Nablus hospital doctors .. to examine X-rays of one of the men killed in Iraq Burin, which the Palestinians said show that a live bullet had penetrated his head”.  IDF officials also, of course, had available to them the photoevidence (shown below) compiled by BTselem.  In addition, Katz added in his report today, “IDF officers met with PA security officials and reviewed the CT scan of Qadus’s head to see if they could determine the type of bullet that was used”.  The Haaretz report on Sunday noted that “IDF sources said however it was not certain the bullet was a 5.56 mm., the kind used by the IDF, or a 7.62 mm., used by Palestinian security forces”.

One of the two Palestinian teenagers shot Saturday, Ussayed Qaddous (age 19), died on Sunday following hours of medical intervention, after being shot in the village of Iraq Burin, by what clearly seems to be a live bullet to the brain:

BTselem photo of xray of bullet in skull of youth shot in Iraq Burin on 20 March - died 21 March in Nablus hospital

photo (of xray) taken by BTselem fieldworker Salma a-Deb’i

Our earlier posts on this shooting are posted here and here.

The other Palestinian teenager who was shot, Mohammed Qaddous (age 16) died almost immediately from a single expert shot to the heart, and was pronounced dead upon arrival at the Rafidiya hospital in Nablus.

photos of the mortal wound, below, were also taken by BTselem fieldworker Salma a-Deb’i on Saturday in Nablus:

photo by BTselem fieldworker

photo taken by BTselem fieldworker Salma aDebi

According to Israeli activist Jonathan Pollak, these postmortem photographs show that live ammunition was used: “No rubber bullet in the world would move through a 16-year-old’s torso like that”, Pollack told Ma’an News Agency.

BTselem’s Sarit Michaeli said later that her organization is calling for a military criminal investigation that will look not just into ‘who shot them and why’, but also into the ‘suspected reporting of false facts by the soldiers who participated in the events’ … On Saturday, the Israeli military said live fire had not been used. Spokeswoman Avital Liebowich told the BBC on Monday that had been the conclusion of an initial investigation, and maintained that the army ‘did not give any orders to use live fire’. She said a ‘debriefing’ was taking place at brigade level regarding the incident”. This was reported by the BBC here.

In today’s JPost, Katz reported that “The IDF stressed that soldiers were under strict orders to use rubber bullets to disperse the demonstration on Saturday”.

Btselem also said it wants an investigation into a separate shooting Sunday, in Awarta village also near Nablus, in which two Palestinians who had been detained and were being held by Israeli soldiers, were shot dead.

The JPost article published today reports that “The IDF Central Command has modified its rules of engagement in the West Bank, setting down more stringent guidelines regarding when soldiers are allowed to open fire at Palestinians, The Jerusalem Post has learned. According to the new guidelines, soldiers are not allowed to open fire, even in the air, toward Palestinians who are stoning them. In addition, soldiers driving in an armored jeep are not allowed to shoot at a Palestinian who is about to throw a Molotov cocktail at them … Under the new rules of engagement, they are only allowed to open fire if the Palestinian is throwing a Molotov cocktail at a civilian car. To shoot in the air, soldiers need to first receive permission from high-ranking commanders, something not needed in the past … In the past, soldiers serving in Judea and Samaria were allowed to shoot at Palestinians throwing Molotov cocktails. They were also allowed to shoot in the air to disperse Palestinians throwing rocks”.

According to the JPost, the new regulations actually went into effect “several months ago following the appointment of Maj.-Gen. Avi Mizrachi as commander of the Central Command” — but, the JPost said, the IDF’s “tactical level” was dismayed.

Yaakov Katz also reports that “The decision to change the rules of engagement was made in line with IDF policy to avoid violence in the West Bank as part of Israeli efforts to bolster the PA. ‘The fear is that violence, shooting and casualties will stymie Israeli and Palestinian efforts to improve the situation on the ground in the West Bank’, one defense official said on Wednesday”.  This Yaakov Katz report in the JPost can be read in full here.

Naomi Chazan summarily dropped as columnist by Jerusalem Post – because of Goldstone report?

In a spiraling controversy that centers on official Israeli opposition to the Goldstone report cataloging violations of international humanitarian law during the massive IDF offensive in Gaza last winter, Naomi Chazan has just been informed that her weekly columns will no longer be published by the Jerusalem Post.

Will Haaretz immediately make her an offer?

Continue reading Naomi Chazan summarily dropped as columnist by Jerusalem Post – because of Goldstone report?

217 "humanitarian" truckloads of goods to be passed into Gaza today

This is news. For months, the Israeli Ministry of Defense’s “Coordinator of [Israeli] Government Activities in the Territories” or COGAT, has been putting Gazans on a very strict “diet”. Only when a high-level American delegation was in town, or maybe Tony Blair, were there even 100 to a max of 112 or so truckloads worth of goods allowed into Gaza on a daily basis. Most days, the number was 66, 71, 88, or maybe 90 or so. Today, it is 217 truckloads worth of goods and materials! What is going on? Is it just in preparation for the big Eid coming up on the 27-28 of November?

Even so, there is a shortage of cooking gas, we are informed by Ma’an News Agency — so if foodstuffs are getting in, many people won’t have any way of cooking anything. Maybe today’s supplies are canned goods …

[As to this designation of the goods as “humanitarian” — well, it has to be made clear that these are not gifts donated by either the State or people of Israel. They might include donations by international organizations, or aid agencies, but for the most part they are goods ordered by the Palestinians (from Gaza, through Ramallah, to Israel) and paid for by the Palestinians themselves (by Gaza and/or by Ramallah). These are not Israeli humanitarian donations. The use of the word “humanitarian” refers to the Israeli Military’s way of implementing the Israeli Supreme Court decision that the tightened military-administered sanctions ordered by the Israeli government in September 2007 must not cause a “humanitarian crisis”. These goods, which are NOT donated by Israel, are the means by which a “humanitarian crisis” is being staved off — sometimes, by not much more than a hair. Some international officials have said, at various points, that a “humanitarian crisis” already exits. (The tunnels that Palestinian entrepreneurs have developed at the Egyptian border at Rafah, and in which over 100 young Palestinian workers have lost their lives, have played a possibly even bigger role in preventing a true humanitarian catastrophe in Gaza.)]

Other interesting news today: the Jerusalem Post’s well-connected military correspondent Yaakov Katz reports an IDF official scoffing at the idea of UN membership for a Palestinian State, endorsed by the UN Security Council (as the Europeans have encouraged some PA officials to imagine — and it might well work). Katz writes: ” ‘The Palestinian Water Authority wouldn’t last a day on its own’, an IDF source said. ‘We allocated them a piece of land on the coast to build a desalination plant and they have decided not to build it’.”

On the coast? Exactly where, and on what coast? He must mean in Gaza… So who would have refused to build it, and why? He must mean the PA in Ramallah. And if they refused, it must be because Hamas is in control in Gaza…

UPDATE: Yaakov Katz kindly responded to an email request by referring me to an article he published in the JPost on 4 August this year, in which he wrote that Lt.-Col. Amnon Cohen, head of the civil administration’s infrastructures department, told The Jerusalem Post … in an interview earlier this week [that] Israel recently allocated a piece of beach land next to Hadera for the Palestinians to use to build a water desalination plant, which, if operated, would provide over 100 million cubic meters of water annually. ‘The land was allocated over a year ago and the Palestinians have yet to move forward with the project’, he said. This JPost report can be read in full here.

Katz also writes, in his piece published today, about “security cooperation”, which, he reports, “has significantly increased over the past two years, since Hamas violently took control of the Gaza Strip. Next month, the fifth Palestinian battalion trained by US Lt.-Gen. Keith Dayton in Jordan will return to the West Bank for deployment. Another one will then depart for four months of training in Jordan. Despite the deployment of these forces – which IDF officers openly admit are doing a good job cracking down on Hamas infrastructure in the West Bank – whenever PA President Mahmoud Abbas travels outside of Ramallah to another Palestinian city, the IDF, Shin Bet and Civil Administration are all involved to coordinate and ensure his safety. ‘When Abbas travels it is like a military operation’, one officer explained. ‘Everyone is involved since the PA forces cannot yet completely ensure his security’.” Well, that’s for sure. And this is not only when Abu Mazen is outside Ramallah, but also when he is inside the PA’s current capital city. And, it was previously reported that the same type of “military operation” is mounted whenever the Palestinian Prime Minister Salam Fayyad moves around, as well…

Katz then gives an interesting insight into what is happening in the corridors “of the IDF’s Central Command and Planning Division”, in reaction to the flurry of reports in recent days about possible moves to have the UN Security Council endorse a Palestinian state (which he refers to as a “unilateral” declaration, actually another separate alternative): “The understanding in the defense establishment is that with all the hype surrounding the possibility that the Palestinians will unilaterally declare a state, it is more likely a ploy aimed at getting Israel to be serious about negotiations on the two-state solution. The idea is to get other countries to put pressure on Israel to start making real concessions – such as a freeze on settlement construction – so the talks can begin. While this may be true, the corridors of the IDF’s Central Command and Planning Division were buzzing with talk about the potential fallout, both diplomatically and militarily. If the Palestinians declare statehood, then Israel will likely come under major international pressure to take action to show it recognizes the new state. The government will then go knocking on the IDF’s door. Ultimately though, Israeli moves will be dictated by political decisions. Israel cannot order the IDF to completely pull back from the West Bank while settlers still live there. It can, on the other hand, lift more roadblocks and even allow the Palestinians in the interim to ‘have’ their new state in Area A parts of the West Bank which are already, for the most part, under Palestinian control”. This interesting article by Yaakov Katz in the Jerusalem Post can be read in full here.

An editorial in the JPost today reveals another interesting detail about the supposedly-secret “historic” and “unprecedented” offers that the Palestinians have received from Israel (but failed to accept, or even to respond to) in the past decade: “Successive Israeli governments have offered to recognize a Palestinian state in the West Bank and in Gaza. But Abbas rejected Ehud Olmert’s offer of 93 percent of the West Bank, plus additional lands from Israel proper to make up the difference, all of Gaza, and a free passage scheme between the Strip and West Bank. Under Olmert’s proposal, Israel would retain its strategic settlement blocs – but all other settlements and outposts on the ‘Palestine’ side of the border would be uprooted. Ehud Barak made slightly less generous offers to Yasser Arafat at Camp David in July 2000 and at Taba in January 2001. Barak, like Prime Minister Binyamin Netanyahu in his June 2009 Bar-Ilan address, asked that Palestine be demilitarized”… This JPost editorial accuses the Palestinians of trying “to lobby the UN Security Council to, in effect, junk Resolution 242 – the edifice upon which the entire peacemaking process is constructed – and give its imprimatur to a new Palestinian declaration of independence claiming 100 percent of the West Bank and Gaza (though the Strip is under Hamas suzerainty) plus all of east Jerusalem including the Jewish holy sites”. It can be read in full here.

What, exactly, are the “strategic settlement blocs”???

On Salam Fayyad, an interesting item (though not new), the Jewish Center for Public Affairs (JCPA) has done its SECOND study of his transition plan for developing the institutions of a Palestinian state by the year 2011, by former Foreign Ministry legal adviser Alan Baker, which is posted here. In it, Baker reports (though we knew it already) that “Interestingly enough, one of the elements of the Palestinian leadership that does not appear in the [Oslo Accords] Interim Agreement is the Office of the Prime Minister, i.e., Salam Fayyad’s own function, which was not foreseen. See article III of the Interim Agreement which deals with the structure of the Palestinian Council, and article V which refers in subparagraph 4 (b) and (c) to the appointment of members of the Executive Authority and others, but makes no mention of a “prime minister” as such. The post was created with Israeli concurrence in March 2003 immediately prior to the publication of the Roadmap, when Abbas was appointed prime minister under the presidency of Yasser Arafat. Neither he nor his successors as prime minister have ever been elected to this post …”. Baker also writes that “The Roadmap goes on to lay down, as part of its first phase, a program for ‘Palestinian Institution Building’ which includes a specific reference to the newly-created office of ‘Interim Prime Minister’.”

This suggests what we already knew — that, in fact, the office of Palestinian Prime Minister (first occupied by Mahmoud Abbas, then later by Salam Fayyad) was actually created by the Quartet (more specifically, by the Quartet’s leading member, the U.S.) rather than by the Oslo “bilateral” negotiations directly between the two parties themselves. But, as Baker significantly notes, “The post was created with Israeli concurrence”…

(We’ll write more on the Baker (and JCPA) analysis of the Fayyad plan in a future posting.)

And, the JPost reported today that “IDF soldiers arrested seven Palestinians in West Bank operations overnight Sunday.
The detainees were transferred for interrogation”. This news is posted here.

BTW, I was wrong yesterday to write that the JPost and Ma’an News Agency are the only two media sources reporting this stuff — Ma’an has stopped, and is not even bothering anymore…