‘Progressive Realism’ Foreign Secretary David Lammy and Benjamin Netanyahu.
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Regarding the ICC, the case presented by the previous government effectively argued that no international court had the authority to hold Israel to account for its actions in Gaza, no matter how barbaric, as any right to prosecute Israelis had been surrendered by Palestinians during the Oslo negotiations. This very argument has now been directly addressed and demolished by the ICJ, which held that such agreements — between occupied and occupier — cannot deprive people of their rights under international law. Similarly, the ICJ judgment adds extra weight to the demand for an arms sale ban. Following the ICJ’s injunction that states must not aid and abet Israel’s illegal occupation, it is impossible to see how the government can continue to trade arms with Israel. This now sits alongside the responsibility to prevent genocide that flows from the ICJ ruling in January. The same holds with any form of trade that supports these illegal acts. In its judgement, the ICJ also rejected the argument so often used by those who are opposed to pressing Israel to end its occupation — its supposed need for security guarantees — by making clear that security needs cannot justify the acquisition and annexation of territory by force.
Israel is already making clear that it will ignore the judgment just as it ignored the ruling in January and the previous ICJ judgement in 2004 ruling the separation wall to be illegal. It is relying on the standard claim that those calling its occupation illegal and charging it with the crime of genocide and apartheid are liars motivated by antisemitism. It must now convince the world that this argument holds against the ICJ and ICC as well as Amnesty International, Human Rights Watch, and the dozens of states who made submissions to the courts. To give any credence to such claims is quite simply not ‘realism’, neither progressive nor any other kind.
The past few months have shown just what the consequences of not holding Israel to account are. At least 40,000 killed in Gaza, the population there on the brink of famine, and as Unicef reported this week, a Palestinian child in the West Bank killed every two days since October. Continuing on such a path, as seems to be the intention of the Labour government, means abandoning any framework of international law. The clarity of the ICJ’s recent rulings makes the test for Lammy’s ‘progressive realism’ very simple — either you stand against occupation, annexation, genocide and apartheid, or you are complicit with it.
Israeli activists protest outside the notorious Sde Teiman prison in the Negev Desert on April 20, 2024. (Photo: Ofer Neiman/X)
The head of the human rights group said Israel’s Unlawful Combatants Law is enabling “rampant torture” of Palestinian detainees and “institutionalizes enforced disappearance.”
Israel is using its dubious Unlawful Combatants Law to arbitrarily detain Palestinians from the Gaza Strip—including women and children—indefinitely without charge and trial, according to an Amnesty International report published Thursday.
All 27 former detainees interviewed by the rights group described being tortured by Israeli forces.
Amnesty documented the cases of 21 men, five women, and one 14-year-old boy taken from Gaza and held in indefinite incommunicado detention in facilities including the notorious Sde Teiman camp in Israel’s Negev Desert for periods of up to four-and-a-half months, without access to lawyers or contact with their families.
“All those interviewed by Amnesty International said that during their incommunicado detention, which in some cases amounted to enforced disappearance, Israeli military, intelligence, and police forces subjected them to torture and other cruel, inhuman, or degrading treatment,” the report states.
“Israeli authorities are using the Unlawful Combatants Law to arbitrarily round up Palestinian civilians from Gaza and toss them into a virtual black hole.”
Israel’s Unlawful Combatants Law allows the Israel Defense Forces (IDF) to detain anyone from Gaza that they suspect of being engaged in the fight against Israel or posing a threat to its national security indefinitely without charge, trial, or evidence. Last December, the law was amended to allow the IDF to hold suspects for up to 96 hours without a detention order, up to 75 days without being brought before a judge, and up to three months without seeing a lawyer.
“While international humanitarian law allows for the detention of individuals on imperative security grounds in situations of occupation, there must be safeguards to prevent indefinite or arbitrary detention and torture and other ill-treatment,” Amnesty International secretary general AgnèsCallamard said in a statement. “This law blatantly fails to provide these safeguards. It enables rampant torture and, in some circumstances, institutionalizes enforced disappearance.”
“Our documentation illustrates how the Israeli authorities are using the Unlawful Combatants Law to arbitrarily round up Palestinian civilians from Gaza and toss them into a virtual black hole for prolonged periods without producing any evidence that they pose a security threat and without minimum due process,” Callamard added. “Israeli authorities must immediately repeal this law and release those arbitrarily detained under it.”
Israel is using its abusive Unlawful Combatants Law to arbitrarily detain Palestinians from Gaza indefinitely without charge or trial @amnesty gathered harrowing torture testimony from 27 former detainees who were held for up to 4.5 months under the law https://t.co/ABtZE3eXUn
According to the report, “those detained included doctors taken into custody at hospitals for refusing to abandon their patients; mothers separated from their infants while trying to cross the so-called ‘safe corridor’ from northern Gaza to the south; human rights defenders, [United Nations] workers, journalists, and other civilians.”
Former detainees at Sde Teiman said they were blindfolded and handcuffed for their entire imprisonment, forced to remain in painful stress positions for hours on end, and prevented from speaking to other prisoners or even raising their heads.
Said Maarouf, a 57-year-old pediatrician kidnapped by Israeli troops during an attack on al-Ahli Baptist Hospital in Gaza City in December 2023, was detained for 45 days at Sde Teiman. He described being constantly blindfolded and handcuffed, beaten, starved, and forced to sit on his knees for long periods.
A 14-year-old boy taken from his home in Jabalia in January was held for 24 days at Sde Teiman. He told Amnesty that he was jailed with more than 100 adults in a single barrack and was kicked, punched in the head, and repeatedly burned with cigarettes. Amnesty observed bruises and burns on the child’s body when it examined him in February. Like other detainees interviewed by the rights group, the boy said he was always blindfolded and handcuffed and was not permitted to see a lawyer or his relatives.
Earlier this year, Israeli medics working at Sde Teiman said amputations of hands and feet due to injuries from constant handcuffing were “a routine event.”
The five women interviewed by Amnesty were initially jailed at a military detention center in an illegal Israeli settler colony in the occupied West Bank, then at Dimon women’s prison in northern Israel. All five said they were beaten during transport.
One woman taken on December 6 said she was separated from her two children—ages 4 and 9 months—and initially held alongside hundreds of male prisoners. She was beaten, forced to remove her veil and photographed without it, and subjected to the mock execution of her husband.
“On the third day of detention, they put us in a ditch and started throwing sand,” she said. “A soldier fired two shots in the air and said they executed my husband and I broke down and begged him to kill me too, to relieve me from the nightmare.”
Another woman said guards threatened: “We will do to you what Hamas did to us. We will kidnap and rape you.”
“They were blindfolded, their headscarves removed .. [soldiers] jeered and laughed at them.”
A former Palestinian prisoner recounts how Israeli soldiers treated women detained as they evacuated from northern Gaza to the south using the so-called safe corridor. pic.twitter.com/hlbIEDprzj
These and other accounts are consistent with the testimonies of Israeli whistleblowers and former prisoners at Sde Teiman and other Israeli detention facilities.
Former detainees and human rights defenders have described Sde Teiman as “Israel’s Guantánamo” and “more horrific than Abu Ghraib“—the notorious U.S. military prison in Iraq where prisoners were tortured and dozens died. Palestinians held at Sde Teiman and at other detention sites described being electrocuted, mauled and even raped by dogs, constantly beaten, starved, and subjected to other torture and abuse. Other former Sde Teiman detainees said they witnessed a prisoner raped to death, possible executions, and other atrocities.
IDF officials told the Israeli newspaper Haaretz last month that the IDF is investigating the in-custody deaths of dozens of detainees, including 36 who died or were killed at Sde Teiman since October, when Israel began its retaliatory war following the attack by Hamas-led militants that left more than 1,100 Israelis and foreign nationals dead—some of whom were killed by Israeli troops.
Over 240 other people, mostly Israelis, were kidnapped and taken to Gaza. A Human Rights Watch report published Wednesday details war crimes and crimes against humanity including murder and rape perpetrated by members of five Palestinian armed groups that took part in the October 7 attacks.
Since October, Israel’s siege, bombardment, and invasion of Gaza has left at least 139,000 Palestinians dead, maimed, or missing, around 90% of Gaza’s 2.3 million people forcibly displaced, and starvation—sometimes deadly—running rampant.
Israel is on trial for genocide at the International Court of Justice in The Hague. International Criminal Court Prosecutor Karim Khan has also applied for warrants to arrest Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders for war crimes and crimes against humanity, including “extermination.”
One of Amnesty International’s adverts in the London Underground, July 11, 2024
AMNESTY INTERNATIONAL launched an ad campaign featuring yellow and black hazard tape on the London Underground today, telling the government that “a lot needs fixing.”
The posters, set to run until the end of the month at Westminster station, also say that “human rights are the answer.”
A to-do list has been made by the group for the first 100 days of the new Labour government, which includes an immediate suspension of arms to Israel, addressing homelessness and the housing crisis, and a major overhaul of the asylum system.
Demonstrators during a ‘Kill The Bill’ protest against The Police, Crime, Sentencing and Courts Bill in London, January 15, 2022
LABOUR was urged today to scrap Tory anti-protest laws and reject harmful rhetoric used to stigmatise peaceful demonstrations.
Peace, pro-Palestine, environmental and civil liberties groups called on ministers to champion the rights to free speech by repealing the draconian legislation aimed at silencing dissent.
Amnesty International led the calls as it published a new report warning of an increasingly wide range of means to quash peaceful demonstrations and silence free speech across Europe.
It called on Home Secretary Yvette Cooper to urgently scrap the public order elements of the Police, Crime, Sentencing and Courts Act as well as the entirety of the Public Order Act and the Serious Disruption Regulations.
Kerry Moscogiuri, of Amnesty International UK, said: “The new government must seize this moment to halt the alarming march towards repression in the UK by repealing the anti-protest laws pushed through by the previous government and ending the harmful rhetoric being used to stigmatise those who peacefully protest.
The Doctors Without Borders vessel Geo Barents intercepted two small boats full of migrants navigating toward Europe in the Central Mediterranean on March 16, 2024. (Photo by Simone Boccaccio/SOPA Images/LightRocket via Getty Images)
“As this legislative cycle starts, the E.U. can and must do better than abandon its commitment to the global refugee protection regime,” said an Amnesty campaigner.
Nearly 100 human rights organizations came together Tuesday to emphasize that members of the European Union “must guarantee the right to seek and enjoy asylum and uphold their commitments to the international refugee protection system.”
The joint statement from groups including Amnesty International, Human Rights Watch, and Oxfam came as members of the European Parliament prepare for the July 16 plenary sitting, the first meeting scheduled since the bloc’s June elections, which resulted in the far-right “Patriots for Europe” becoming the third-largest alliance in the legislative body.
The human rights coalition underscored obligations under Article 18 of the E.U. Charter of Fundamental Rights and expressed concern about “the recent and increasing attempts by the E.U. and its member states to evade their asylum responsibilities by outsourcing asylum processing and refugee protection risk undermining the international protection system.”
As the groups detailed:
Italy, for instance, is currently seeking to process asylum applications of certain groups of asylum-seekers outside of its territory, from detention in Albania—which risks leading to prolonged, automatic detention, a denial of access to fair asylum procedures with necessary procedural guarantees, and delayed disembarkation for people rescued or intercepted at sea. Others, such as Denmark and Germany, are assessing the feasibility of this type of arrangement. Fifteen E.U. member states and some political groups have endorsed similar shortsighted measures to shift asylum processing outside E.U. territory and encouraged the European Commission to explore ways to facilitate this through further legislative reform, including through a watered-down ‘safe third country’ concept.
These attempts must be seen in the context of parallel containment efforts that seek to stem departures and prevent the arrival of asylum-seekers to E.U. territory through partnership agreements with third countries, with little to no attention to the human rights records of those authorities.
The coalition stressed that “as the extensive track record of human rights violations in partner countries such as Libya demonstrates, the E.U. and Member States have no adequate tools and competencies to effectively monitor or enforce human rights standards outside of E.U. territory.”
A report published in November by Doctors Without Borders features stories of violence that migrants endured in nations including Libya and Tunisia while trying to get to the E.U. That publication also points out that 2023 was the deadliest year for migration in the Central Mediterranean since 2017, due in part to E.U. countries failing to assist those at risk of drowning.
On Friday, our aircrew witnessed 1 of 3 rescues by @soshumanity_de that day. While 111 people were evacuated to Lampedusa, the other ~180 survivors had to stay on board the Humanity 1, assigned the port of Bari, over 1100km & a 4-day crossing away—pure political harassment by 🇮🇹. pic.twitter.com/DXwVFzNq0X
— Sea-Watch International (@seawatch_intl) July 8, 2024
In addition to sounding the alarm about current E.U. policies and practices, the coalition on Tuesday cited examples including Australia’s offshore detention scheme, which “demonstrates how these models have created prolonged confinement and restricted freedom of movement, deeply harming both the mental and physical health of people seeking protection.”
The organizations also pointed to an asylum scheme attempted by the United Kingdom—which left the E.U. in 2020 following the 2016 Brexit vote—and Rwanda, which the statement notes “is not yet in effect following the U.K. Supreme Court declaring it unlawful and in any event is unlikely to be operationalized at any significant scale.”
The U.K.’s failed attempt to forcibly remove people to the African country was “projected to cost a staggering £1.8 million per asylum-seeker returned,” which is equal to €2.13 million or $2.3 million. The coalition called such schemes “not only an unjustifiable waste of public money, but also a lost opportunity to spend it in ways that would truly aid people seeking asylum by investing in fair and humane asylum systems and the communities that welcome them.”
Olivia Sundberg Diez, Amnesty’s E.U. advocate on migration and asylum, said in a statement Tuesday that “attempts by states to outsource their asylum responsibilities to other countries are not new—but have long been criticized, condemned, and rejected for good reason.”
“Just as the U.K.-Rwanda scheme is, rightly, collapsing, the E.U. and its member states should pay attention, stop making false promises, and wasting time and money on expensive, inhumane, and unworkable proposals,” she continued. “As this legislative cycle starts, the E.U. can and must do better than abandon its commitment to the global refugee protection regime.”
The EU and its member states have had some truly terrible policies toward asylum seekers in recent years.
The meeting scheduled for next week will follow the Pact on Migration and Asylum that the European Parliament passed in April and the Council of the E.U. adopted in May. The coalition highlighted that “civil society organizations have been clear about their serious concerns” regarding the reforms while also explaining that “the transfer of asylum-seekers outside of E.U. territory for asylum processing and refugee protection is not provided for in the pact, nor within current E.U. law.”
“After the E.U. and member states have spent close to a decade attempting to reform the E.U.’s asylum system, they should now focus on implementing it with a human rights-centered approach that prioritizes the right to asylum per E.U. law and fundamental principles of international refugee law to which they remain bound,” the coalition concluded. “They should not, mere weeks after the reform has passed, waste further time and resources on proposals that are incompatible with European and international law.”
