Connect with us

Press Release

International protection between theory and practice

Published

on

 

 

Research study

International protection between theory and practice

“Palestine Model”

Prepared by the researchers:

, Ali Khalifa

Reem Mahmoud Mansour

2022-2023

Abstract:

The world has become governed by many international and regional agreements with a network of mechanisms to protect and ensure the enforcement of human rights, in addition to national constitutions and legislation that provide for the protection and respect of human rights, but the principle of respect for human rights does not apply to all peoples and in all cases where it varies The extent of respect for human rights from one country to another, in connection with the nature of the system of government, respect for the rule of law, the independence of the judiciary, and the role of civil society institutions.

The study aims to achieve several objectives, including following the practical experiences of international protection and the most important lessons learned, identifying obstacles to international protection and ways to overcome them, in addition to examining the possibilities of achieving international protection for the Palestinian people, to outcome with recommendations to the decision-makers about future directions for the international protection.

In this study, the researcher adopted the descriptive analytical approach in terms of presenting the forms of international protection and analyzing them, to know the extent of the success of that experiment from its failure in the Palestinian reality.

The researchers’ outcome with many conclusions and recommendations during the preparation of the study, among the most important of these results: The concept of international protection in the Palestinian case is still shrouded in ambiguity and lack of sufficient knowledge of its international, regional legal and the framework of its right, it’s presented from the demands of the international protection, as the issue of international protection in the Palestinian case did not receive sufficient attention and attempt to invest or activate it.

The researchers recommend the formation of an international protection force within the tasks of (peacekeeping forces) with broad powers to protect civilians in Palestine, and that its work will continue until the end of the occupation, enabling the Palestinian people to self-determination, and its mission is to protect civilians from continuous military attacks that may result in war crimes And gross violations of human rights in Palestine and endangering the lives and security of civilians and their property at risk and destruction.

Introduction:

The end of the Second World War constituted a watershed in the issue of international intervention to protect human rights through the provision of international protection, as the charter emphasized for the first time the criminalization of war and aggression in international relations, and gave broad powers to the Security Council to maintain international peace and security and to suppress violations of human rights, and the emergence of the International law for the human rights as a new branch in international law, and the development of international humanitarian law with the four Geneva Conventions, and codified international criminal law by forming the Nuremberg and Tokyo Courts to judge war criminals, arrive to the International Criminal Court.

The developments in international law after the Second World War and until today opened up a wide scale for intervention in the case of its gross violation, the follow- on and prosecution of its perpetrators, although the issue of international protection still raises widespread controversy, especially as it represents a violation of state sovereignty and the rule of non-interference, in practice, multiple interventions took place under the cover of protection, some of which took place within the framework of international legitimacy decisions, and others were made by decisions of some countries without A legitimate cover such as the intervention in Iraq and other cases, and the inability of the international community to intervene in cases that require protection, most notably the Palestinian issue, which raised doubts about the selective nature of the policies of the major countries whose practice led to the politicization of protection and the rules of international law.

Given the history of the Arab-Israeli conflict, we see that international protection remained an urgent Palestinian demand after every aggression from the Israeli occupation, and with Palestine obtaining the membership of the observer state, it took more serious dimensions in the demands of civil society and the Palestinian leadership and was recently repeated in most of the speeches of President Mahmoud Abbas in the General Assembly of the United Nations And in the Human Rights Council, and the League of Arab States, as a result of the repeated attacks and violations in the West Bank and Gaza Strip, which constituted a violation of international law for more than seven decades.

But international protection in the Palestinian case remained a fixed idea, without clarifying the form of protection to be achieved, the mechanisms for achieving it, and without a Palestinian agreement on a vision for dealing with the international community to employ all opportunities to provide international protection, as a temporary step in the way of ending Israeli occupation.

Study issue:

 

What are the manifestations of international protection available to protect the Palestinian people?

This main question results in several sub-questions related to the international protection of human rights, the most important are:

  1. What is the concept of international protection, its types, and mechanisms for its provision?
  1. What is the form of international protection that protects the Palestinian people.
  1. What are the legal references for international protection.
  1. What are the opportunities and obstacles to achieving international protection for the Palestinian people.
  1. What is required for the Palestinians to provide protection in the face of the crimes and violations of the Israeli occupation.

Click here to see the full paper

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published.

Latest News

172 civil and human rights organizations urge the international community

Published

on

By

172 civil and human rights organizations urge the international community

Condemning the racist Israeli occupation crimes against Palestinian children and demanding their release

The Israelian crimes against Palestinian children are condemned.The Israeli occupation authorities continue their violations against Palestinian children represented in arresting and abusing them during the arrest process without respecting the child’s  protection treaties and the  Convention on the Rights of the Child . These crimes are carried out under displacement, murder and intimidation.       the highest percentage was after April/October (119), and at the end of October there are 160 children distributed in Megiddo Ofer Damon prison of them About (4) children in administrative detention and (12) children under (12) years old are also detained . according to the testimonies provided by the prisoners and the reports issued by the prisoners’ institutions, they are subjected to the cruelty to which adult prisoners are subjected to torture, unfair trials and inhumane treatment that violates their basic rights and threatens their future is lost .        This is against the terms of the Child Agreement،      especially Article 16, which states:

No arbitrary or unlawful interference with a child’s private life, family, home, or correspondence, or any lawful prejudice to his honor or reputation.

Which also states:

“The child has the right to be protected by law from this exposure and prejudice.” The occupation does not take into account the young age of children when they are brought to court, and a special court is not formed for them, and the age of the child is set for less than (16) years based on Military Order No. (132). This is a clear violation of Article No. (1) of the Child Convention, which defines a child as “every human being under the age of eighteen.”

The Israeli occupation authorities deprive the  child prisoners of the most basic rights granted to them by international conventions that they are entitled to  regardless of their religion, nationality. These include the right not to be subjected to arbitrary arrest .it includes:                     – -the right to know the reason for the arrest,         – the right to obtain a lawyer.                        -the family’s right to know the reason for the arrest, and the location of the arrest.         -the right to appear before a judge.          – -the right to object and challenge the accusation.                 – -the right to communicate with the outside world.          -the right to humane treatment that preserves the dignity of the detained child. Child prisoners in Israeli prisons suffer from harsh and inhumane conditions of detention that lack international standards for children’s rights. The prisoners suffer from lack of food and poor quality, lack of hygiene, and the spread of insects         Child prisoners are deprived of health care and appropriate medical treatment, and painkillers are usually the treatment for various types of diseases.  According to the testimonies of child prisoners, the prison administration refuses to transfer patients from them to prison clinics, and if they transfer them, they are subjected to beatings, insults, and harassment, even from doctors and nurses. Likewise, there is no permanent doctor available in the prison clinic.  The occupation is still procrastinating and sometimes refusing to perform surgeries on children who need immediate operations, and this is contrary to international laws that explicitly stipulate the need for medical care for prisoners. Articles (91-92) of the Fourth Geneva Convention stated: “Every prisoner must have a clinic”. An event supervised by a qualified doctor, and that the detainees receive the medical care they need, as well as the installation of any medical devices necessary to maintain their health in good condition, free of charge.  Free medical examinations must be conducted for the detainees at least once a month, and their purpose is to monitor the health and psychological condition, general nutrition, and hygiene, as well as the detection of infectious diseases.  Israeli prisons do not comply with this.

 And if we examine the sentences issued unjustly and aggressively, we find that they are high, as one child was sentenced to life imprisonment, three children were sentenced to 15 years in prison, and four other children were sentenced between 5 and 9 years, and often the verdict is accompanied by financial fines (1000-6000 shekels).

 The Israeli occupation state is the only country in the world that tries children before military courts.

 Based on the foregoing, we, the undersigned organizations, demand:

 First: The international community to put pressure on the Israeli occupation state and oblige it to implement international agreements on prisoners and detainees, especially child prisoners, and to work for their release.

 Second: All international human rights organizations, especially those working in the field of children, such as UNICEF & Dcl, to launch an international campaign to shed light on the suffering of child prisoners in Israeli prisons, and to work for their release.

Continue Reading

A humanitarian appeal

 Briefing note on violence against Palestinian female prisoners inside the Israeli occupation prisons

Published

on

By

Number: / 2022

Date: November 26, 2022

Original language: Arabic

 Briefing note on violence against Palestinian female prisoners inside the Israeli occupation prisons

The International Commission for Supporting the Rights of the Palestinian People (Hashd) presents you with its best regards and highly appreciates your positive role in ensuring that human beings enjoy a decent life around the world, as a true harmony with the charters and provisions of human rights. In the context of our follow-up to the conditions of women in the occupied Palestinian territories, and on the occasion of the International Day for the Elimination of Violence against Women, we inform you of the dangerous decline, represented by the high rates of violence against Palestinian female prisoners inside the Israeli occupation prisons, as this memory comes today in light of the continued violence practiced against them has escalated, especially as they face harsh conditions as a result of the continuation of the escalating Israeli violations, which flout all the rules and principles agreed upon by the international community to provide special protection for women commensurate with their situation, during armed conflicts and occupation.

According to the Commission of Detainees and Ex-Prisoners – a national body concerned with the rights of Palestinian prisoners and ex-prisoners-, the number of female prisoners in Israeli occupation prisons has reached (30), including 11 mothers and two female prisoners under administrative detention. the Israeli occupation forces are still practicing violence against them, through:

Imposing high sentences on them, as there are (17) female prisoners who received high sentences against them.

The occupation authorities deliberately approach medical negligence against them, as 60 cases of wounded female prisoners were recorded, the most serious of which is the case of the prisoner “Israa Ja’abis” from occupied Jerusalem, who has been sentenced to 11 years. deformities, and an urgent need for several operations surgery, to help her, even in a simple way, to overcome the severity of the pain.

being tortured; During the last two months, the prisoner “Dunia Jaradat”, a resident of Jenin, was subjected to a violent interrogation in the “Petah Tikva” investigation center for 14 days, before she was transferred to Damon Prison. Where they were put on a small chair and were interrogated by more than one person interrogator over long hours, including beatings, verbal abuse, and continuous screaming, while the prisoner “Ataf Jaradat” (50 years old) from Jenin, was arrested after the arrest of her three sons (Ghaith, Omar and Muntasir Jaradat), and she was subjected to harsh interrogation in Al-Jalama detention center. This led to the deterioration of her health condition, as she developed high blood pressure and insufficiency she has a regular heart rate and receives 8 types of medication. She also had symptoms of a stroke twice, and she was taken to the hospital several times.

Depriving female prisoners of many rights related to communication with the family and visiting a lawyer, especially mothers, are also denied contact with their children for long periods, and they are not allowed to visit or make phone calls.

The practice of arbitrary arrests of women in the current year and last year, witnessed the largest rate of arrests among women from Jerusalem governorate, at a rate of 45%.

We look forward to your humanity, and your role concerning the realization of women’s rights,  and their rights to freedom, by taking practical measures that would put pressure on the Israeli occupation authorities, to urge them to respect the system of human rights law and international humanitarian law, in the course of dealing with the rights of Palestinian women, including that protecting female prisoners inside Israeli prisons and reducing the rates of violence against them, leading to their release in light of the escalation of arbitrary and illegal arrest campaigns. We hope that you, in your capacity and/or on behalf of your organization, will move quickly now, as tomorrow may be too late.

Accept the utmost respect and appreciation

Continue Reading

Latest News

The International Commission (Hashd): calls on the international community to translate its solidarity with the Palestinian people into steps in the process of empowering the Palestinian people with their legitimate rights

Published

on

By

Reference number: /2022

Date: November 29, 2022

Press release

On the International Day of Solidarity with the Palestinian People

The International Commission (Hashd): calls on the international community to translate its solidarity with the Palestinian people into steps in the process of empowering the Palestinian people with their legitimate rights

The International Commission for the Support of the Rights of the Palestinian People (Hashd) extends its greetings to our Palestinian people, the free people of the world, and the advocates of humanity and rights, on the occasion of the International Day of Solidarity with the Palestinian People, which falls on Tuesday, November 29, 2022, when our people, the world and the United Nations salute this day from all general, as a day international solidarity with the Palestinian people, following the resolution issued by the General Assembly of the United Nations in the year 1977, considering the anniversary of Partition Resolution No. (181) issued by it on 11/29/1947 as a day to draw the world’s attention to the cause of the Palestinian people and their suffering as a result of the continued occupation, and to affirm their inalienable rights. disposable according to decisions from successive Internationals on Independence, Sovereignty, and Refugee Return.

The International Day of Solidarity with the Palestinian People is a renewed occasion to recall the suffering of the Palestinians in terms of injustice, arbitrariness, and persecution resulting from the failure of the international community, foremost of which is the United Nations to assume their responsibility towards the Palestinian people represented by their affirmation of the justice of the Palestinian cause and the right of the Palestinian people self-determination, the establishment of an independent and sovereign State of Palestine, the right of return of refugees to their homes and lands from which they were expelled on 1948 AD, and their compensation, following Resolution 194 of the United Nations General Assembly.

Solidarity with the oppressed Palestinian people is solidarity with the rights, values, principles, and texts of international laws, covenants, and solidarity with justice under which the Palestinian people aspire to live, after obtaining their rights approved by the resolutions of the United Nations General Assembly, recognized by the countries of the world except for the Israeli military occupation forces and those who supported them. On the oppression of the Palestinian people to provide them with the means of strength and protection to maintain their occupation of our land.

The prolonged suffering of the Palestinian people continues as a result of the continuation of the long-term military and military occupation of the Palestinian lands. Millions of Palestinians have been forcibly displaced from their homes, and the Israeli occupation forces are still violating the civil, political, economic, and social rights of the Palestinian people in all parts of their existence. continue to neglect the rights of the Palestinian people, continues to impose an illegal blockade on Gaza Strip, persist in the policy of colonial settlement and Judaizing the city of Jerusalem, and killing  Palestinian civilians, which, since the beginning of the year, has resulted in the death of 202 Palestinians; It also continues the policy of captivity and arbitrary detention, especially against children and women , the israelian forces racist decisions are against all legislation and against all international norms decisions of international legitimacy, and signed agreements.

This anniversary of the International Day of Solidarity with the Palestinian People comes in light of the rise of the Israeli racist fascist and denial of all the rights of the Palestinian people, as well as the effects of the continued double standards and selective enforcement of international law by the international community that allowed the occupation leaders to escape accountability and punishment.

The International Commission for the Support of the Rights of the Palestinian People (Hashd), considering that the International Day of Solidarity with the Palestinian People constitutes a renewed opportunity to stand on the suffering of the Palestinians and draw the world’s attention to the continuing and exacerbating tragedy as a result of their continued deprivation of their basic rights, and it is an occasion to strengthen efforts to restore Palestinian rightsForemost among them is the right to self-determination and the right to independence and national sovereignty, and in the forefront is the right of return of the refugees to their homes and lands from which they were expelled in 1948 AD, and considering that the successive Israeli measures against human rights activists and those in solidarity with the rights of the Palestinian people are tantamount to a denial of international law and its established principles; announces that it has implemented and is still carrying out a wide campaign to remind the peoples of the world of the suffering of our Palestinian people; They record and claim the following:

The International Commission (Hashd): urges all those interested in justice and humanity ,defenders of human rights ,freedom in all parts of the world, and invites them to organize various solidarity activities to ensure that this day is transformed into a global day of action and solidarity action in all its forms, to demand that the governments of the free world compel Israel to end its oppression of the Palestinian peole.

The International Commission (Hashd): affirms that the international community is required more than ever before to assume its legal ,moral responsibilities individually ,collectively ,to take practical measures and measures that lead to respect and guarantee respect for the principles provisions of law, judiciary, custom, and international action to end the occupation.

The realization of legitimate and inalienable rights to act for the Palestinian people, to ensure that the international community moves from calling for the justice of the Palestinian cause and expressing solidarity, to put an end to occupation and its practices, by adopting a binding international decision that ends the occupation and provides international protection for the Palestinian people.

The International Commission (Hashd): affirms that the international community and the United Nations bear the historical responsibility towards the Palestinian issue that is still unresolved and calls on them to work hard to unite efforts by taking the initiative to end the occupation ,the suffering,the consequences of that mistake must be corrected and rights restored to their owners.

The International Commission (Hashd): urges the need for concerted efforts by friendly countries and international institutions to implement their decisions related to the rights of the Palestinian people, to confront the American bias towards Israeli occupation state, and to stop the permanent politicization of the rights of our Palestinian people.

The International Commission (Hashd): calls on the Arab and Islamic countries to stop normalization with the Israeli entity, including respect for the decisions of the League of Arab States.

The international body (mobilization) calls for adopting a national strategy based on restoring unity and holding comprehensive elections, internationalizing the conflict with the occupying state, in a way that can strengthen the steadfastness of citizens, and employing all the tools of international law to hold accountable and boycott the Israeli occupying state.

The International Commission for Supporting the Rights of the Palestinian People (Hashd)

Continue Reading

أخبار هامة

@ 2022 جميع الحقوق محفوظة