20TH SESSION OF THE ASSEMBLY OF STATES PARTIES
8 December 2021
Name of the Event: Obstructing Justice and Promoting Impunity: Israel’s Designation of Palestinian Civil Society Organizations as “Terrorist Organizations” (hosted by Palestine and Al Haq)
Report by: Lotte Peters, Junior Research Associate PILPG-NL
Highlights:
The panelists called upon ICC Prosecutor Karim Khan to condemn the Israeli designation of Palestinian civil society organizations as “terrorist organizations”, and to continue the investigation into the Palestinian situation
The panelists highlighted the importance of the international community’s support in addressing human rights abuses and international crimes in Palestine
Speakers:
Ahmed Abofoul: Legal Researcher, Al-Haq
H.E. Ammar Hijazi: Ambassador, Assistant Minister for Multilateral Affairs, Ministry of Foreign Affairs and Expatriates of the State of Palestine
Dr. Susan Power: Head of Legal Research and Advocacy Department, Al-Haq
Mr. Omar Shakir: Israel and Palestine Director, Human Rights Watch
Professor John Dugard: Emeritus Professor of Law at the University of Leiden (The Netherlands) and the University of the Witwatersrand (South Africa), former Special Rapporteur for the United Nations Human Rights Council for the Occupied Palestinian Territories
Summary of the Event:
The panelists gathered to discuss recent developments in the context of the Israeli-Palestinian conflict. In October 2021, Israel designated six Palestinian human rights civil society organizations (CSOs) as “terrorist organizations” under the Israeli 2016 Counter-Terrorism Law. In November, Israel’s commander-in-chief issued military orders, declaring these organizations as “unlawful”. The moderator of the event, Ahmed Abofoul, noted that these Palestinian CSOs carry out indispensable work in the field of human rights. Therefore, Abofoul condemned these designations and found them to be a part of an Israeli “decade-long harassment campaign” against the Palestinian community.
H.E. Ambassador Ammar Hijazi likewise expressed his condemnation for this act by Israel. He emphasized his admiration for the Palestinian CSOs, who continue to research and report on human rights abuses in the region. Further, he highlighted the Palestine attempt to ensure that Palestinian victims are properly represented in the ICC investigations into the Palestinian situation. However, he expressed concern about a possibly coercive and fearful environment that discourages these victims from seeking redress and justice. H.E. Hijazi opined that impunity undermines the impartiality and effectiveness of the ongoing investigation into Palestine. He, moreover, highlighted his discontent with the international community as a whole, who allegedly have failed to appropriately respond to the Palestinian situation. He urgently called upon the ICC Prosecutor Karim Khan to conduct the investigation without any further delay, and to ensure that Palestinian victims are well-protected. According to him, the only acceptable response is to insist on accountability and to “deliver this long-awaited justice”, not only from the ICC, but also from international CSOs, NGOs, and states.
The second speaker, Dr. Susan Power, described Al-Haq’s long history of cooperation with the ICC. Over the years, Al-Haq has submitted a large variety of documents to the Court that provided evidence of war crimes and crimes against humanity in Palestinian territory. Dr. Power particularly condemned the Israeli designations with an eye on the CSO’s important work in furthering the ICC investigation. She called Israeli Counter-Terrorism Law “a sweeping attack on the right of freedom of expression”, and an unwarranted means of blocking the ICC investigation. Dr. Power recalled previous ICC Prosecutor Bensouda’s 2016 report on preliminary examinations, in which Bensouda acknowledged such harassment on CSOs as a problem. She, therefore, urged the new ICC Prosecutor Karim Khan to ensure prioritization of investigating the situation in Palestine and to acknowledge the targeting of CSOs as inhumane acts of persecution and apartheid.
Professor John Dugard, when he was the Special Rapporteur for the United Nations Human Rights Council for the Occupied Palestinian Territories in 2007, found that Israel was applying apartheid “without hesitation”. He further compared the alleged Israeli apartheid with that in South African. Professor Dugard expressed his concerns over states’ reluctance to confront Israel on this issue. According to him, European states and the United States do not expect Israel to practice the due process of law. He also found it particularly surprising that the ICC Prosecutor has not yet condemned the criminalization of the six Palestinian CSOs. He not only urged the Prosecutor, but also the current session of the Assembly of States Parties, to give an explanation for their silence.
The last speaker was Omar Shakir, who highlighted Human Rights Watch’s work on the Israeli-Palestinian conflict over the past three decades. When Human Rights Watch applied the legal facts of apartheid to the Palestinian situation, Shakir said, there was “overwhelming evidence” that the Israeli government was committing acts of apartheid against the Palestinian community. Shakir discussed the Israeli-Palestinian case against the Apartheid Convention arguing that a strong case can be made. Shakir argued that the designation of Palestinian CSOs as terrorist organizations is part of a “systematic effort to muzzle human rights reporting”, in which Palestinians wear the brunt of that oppression. In line with the previous speakers, he urged the ICC to condemn this act and participate in the protection of human rights defenders.
In their concluding remarks, the panelists all agreed that accountability is of utmost importance. Despite critique on the international community’s response to the designations, they remained positive about the future. Shakir emphasized that the CSO’s work has not gone unnoticed, and an increasing number of international actors are standing up for the protection of Palestinian human rights. According to him, these developments are a reminder of why exactly these six CSOs are indispensable for the human rights movement. He remained hopeful that the ICC will stand up to the test. Dr. Power underlined that Palestinians need states to amplify and endorse their voice. She underlined that “the belief in the rule of law and international mechanisms is the pathway towards peace”.