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	<title>Media Coverage &#8211; Jonathan Kuttab</title>
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	<description>International Human Rights Attorney</description>
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	<title>Media Coverage &#8211; Jonathan Kuttab</title>
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		<title>Covid-19: Why Oslo doesn&#8217;t absolve Israel of duty to vaccinate Palestinians</title>
		<link>https://jonathankuttab.org/2021/01/31/covid-19-why-oslo-doesnt-absolve-israel-of-duty-to-vaccinate-palestinians/</link>
					<comments>https://jonathankuttab.org/2021/01/31/covid-19-why-oslo-doesnt-absolve-israel-of-duty-to-vaccinate-palestinians/#respond</comments>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Sun, 31 Jan 2021 18:02:27 +0000</pubDate>
				<category><![CDATA[Media Coverage]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Covid-19]]></category>
		<category><![CDATA[Medical Apartheid]]></category>
		<category><![CDATA[Oslo Accords]]></category>
		<guid isPermaLink="false">https://jonathankuttab.org/?p=25240</guid>

					<description><![CDATA[Jonathan interviewed in The Middle East Eye by by  Ali Harb 29 January 2021 Read the full article https://www.middleeasteye.net/news/covid-israel-palestine-vaccine-oslo-not-absolve-duty Statement by Jonathan Kuttab: &#8220;Israel-Palestine, we are<span class="excerpt-hellip"> […]</span>]]></description>
										<content:encoded><![CDATA[<p>Jonathan interviewed in The Middle East Eye by b<span class="author-by">y  </span><a lang="" title="View user profile." href="https://www.middleeasteye.net/users/ali-harb">Ali Harb</a></p>
<div class="field field-field-article-location">29 January 2021</div>
<div></div>
<div>Read the full article</div>
<div></div>
<div>https://www.middleeasteye.net/news/covid-israel-palestine-vaccine-oslo-not-absolve-duty</div>
<div></div>
<div>Statement by Jonathan Kuttab:</div>
<blockquote>
<div>
<p>&#8220;Israel-Palestine, we are interrelated; we are one entity. To say there are two states is silly; there&#8217;s only one state between the river and the sea. And that is the state of Israel. It controls everything, and it treats Arabs and Jews differently,&#8221; said Jonathan Kuttab, a Palestinian-American attorney specialising in international law.</p>
<p>Kuttab said Israel&#8217;s obligation to vaccinate Palestinians is clear under international law. &#8220;The matter is not open to interpretation.&#8221;</p>
<p>Not only does the Geneva Convention dictate that the occupying power is responsible for the health and well-being of the occupied, the treaty &#8211; which is the bedrock of international law &#8211; specifically spells out an obligation to prevent the spread of pandemics.</p>
<p>&#8220;To the fullest extent of the means available to it, the occupying power has the duty of ensuring and maintaining, with the co-operation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory,&#8221; the <a href="https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf" target="_blank" rel="noopener">convention</a> says, &#8220;with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics.&#8221;</p>
</div>
</blockquote>
<h3>Oslo Accords</h3>
<blockquote><p>Moreover, Kuttab details three major flaws in using the Oslo Accords as a justification for Israel&#8217;s vaccination policies:</p>
<ul>
<li aria-level="1">International law trumps Oslo, and Israel&#8217;s obligations as the occupying power cannot be signed away by the Palestinian Authority</li>
<li aria-level="1">Israel is in constant violation of the Oslo Accords</li>
<li aria-level="1">The infrastructure needed to import, distribute and administer the vaccine in the Palestinian territory is under stringent Israeli control</li>
</ul>
<p>&#8220;For Israel, Oslo is like an alibi,&#8221; Kuttab said. &#8220;To some degree, the Palestinian Authority allows them to do that because it is desperate to pretend it is a state; it&#8217;s not a state. The PA wants to pretend that they have authority; they don&#8217;t have authority. They only have authority to the extent that allows them to have it.&#8221;</p>
<p>&#8220;It&#8217;s meaningless. Israel is still the occupying power, and it&#8217;s still responsible,&#8221; Kuttab told MEE. &#8220;It&#8217;s like you can&#8217;t just say this labourer agreed to accept less than minimum wage and agreed to have his children work despite the laws against child labour. It&#8217;s illegal.&#8221;</p></blockquote>
<p><em>Kuttab said Israel uses Oslo to escape its responsibilities as an occupying power without living up to its own commitments in the accords.</em></p>
<blockquote><p>&#8220;Equally important is that in order to take care of the health needs of your people, you need to have international agreements with the World Health Organization; you need to have access to orders through which they can import and export; you need to be able to build facilities and all these things that Palestinians can&#8217;t do,&#8221; Kuttab said.</p></blockquote>
<h3>Discriminatory systems</h3>
<blockquote><p>Kuttab said Israel is risking its own citizens by refusing to vaccinate Palestinians. &#8220;If you allow half the population under your control &#8211; millions and millions of people &#8211; to go around unvaccinated, it&#8217;s going to affect you, sooner or later.&#8221;</p></blockquote>
<div class="block-adsense block-adsense-managed-ad-block">
<div class="adsense responsive">Photo credit: Health worker prepares a dose of coronavirus vaccine at Clalit Health Services in Tel Aviv, 23 January (AFP)</div>
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		<title>The Mechanics of Israel’s Annexation in the West Bank</title>
		<link>https://jonathankuttab.org/2020/06/28/the-mechanics-of-israels-annexation-in-the-west-bank/</link>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Sun, 28 Jun 2020 02:37:11 +0000</pubDate>
				<category><![CDATA[Articles by Jonathan Kuttab]]></category>
		<category><![CDATA[Media Coverage]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Writing & Media]]></category>
		<category><![CDATA[Annexation]]></category>
		<category><![CDATA[Apartheid]]></category>
		<category><![CDATA[East Jerusalem]]></category>
		<category><![CDATA[Jordan Valley]]></category>
		<category><![CDATA[Mubarak Awad case]]></category>
		<guid isPermaLink="false">https://jonathankuttab.org/?p=24824</guid>

					<description><![CDATA[&#160; JUNE 16, 2020 Published first in Arab Centre, Washington, DC Jonathan Kuttab &#160; Few know exactly how the Israeli annexation of certain territories in the<span class="excerpt-hellip"> […]</span>]]></description>
										<content:encoded><![CDATA[<p>&nbsp;</p>
<p><time>JUNE 16, 2020</time></p>
<p><a href="http://arabcenterdc.org/policy_analyses/the-mechanics-of-israels-annexation-in-the-west-bank/">Published first in Arab Centre, Washington, DC</a></p>
<p class="post-author">Jonathan Kuttab</p>
<p>&nbsp;</p>
<p>Few know exactly how the Israeli annexation of certain territories in the occupied West Bank will take place, but it is safe to make some observations based on past experience. In all likelihood, legislation will be passed in the Knesset extending Israeli law and administration to certain areas shown in some attached map. Existing legislation allows such an act to be carried out by an Israeli government administratively and with little fanfare. It is solely the political implications of the action that would necessitate Knesset action, and only by a simple majority. However, reversing the process (that is, ceding land) would require the approval of a supermajority of votes in the Knesset, or 80 out of 120 members.</p>
<p>At a minimum, annexation—or extending Israeli law and administration to parts of the Jordan Valley—will require that Israel update, change, adapt, or reaffirm decrees, laws, and military orders that, since the 1967 occupation of the West Bank, have governed how the occupying power administers the territory and its inhabitants. Such laws, decrees, and military orders address relations with the Palestinians––especially as pertaining to the post-Oslo Accords and Areas A, B, and C––as well as Israeli settlers in illegal settlements, the status of these settlements in Israel’s military doctrine, and economic and social affairs, among other things. But whatever the new regulations may be, annexation is bringing new conditions that are likely to sow the seeds for extended conflict in the future, especially that the Israeli army itself has apparently been <a href="https://www.timesofisrael.com/excluded-from-netanyahus-annexation-plans-military-must-somehow-prepare-anyway/">kept in the dark</a> as to the particulars of the annexation.</p>
<p><strong>Status of Jewish Settlers</strong></p>
<p>After the supposed annexation, Jewish settlers will be treated exactly as if they are living in Israel <em>de jure </em>(by a lawful right), and not just <em>de facto </em>(by fact, or reality). Those who hold Israeli passports will continue to do so and will be treated as if living in Israel proper. This is significant since Palestinian residents of East Jerusalem have often lost their residency status if they lived in the West Bank, which was considered to be “outside” the state of Israel by the Israeli Ministry of Interior, which controls their status. A prominent case that exemplifies this policy is that of East Jerusalemite Mubarak Awad who, in 1988, <a href="https://www.nytimes.com/1988/06/14/world/over-protests-israel-expels-palestinian-american.html">lost his case</a> to maintain his residency in East Jerusalem, which had been annexed to Israel following the 1967 war. Israel’s High Court decreed that since Awad was not Jewish and the Law of Return does not apply to him, and since the law annexing Jerusalem failed to define his status, then the Law of Entry into Israel of 1955 applied to Awad and his status was akin to that of an immigrant to Israel, thus making him and other Palestinians living in Jerusalem residents instead of full citizens.</p>
<div class="perfect-pullquote vcard pullquote-align-full pullquote-border-placement-left">
<blockquote><p>What will be abandoned [with annexation] are the elaborate mechanisms of adjusting the laws and military orders to enable Jewish settlers to live fully and legally as if they are in Israel.</p></blockquote>
</div>
<p>Jews who are in the annexed areas on visas will likely be further pressured to “make <em>aliyah</em>” (officially immigrate to Israel under the Law of Return) and obtain Israeli passports. What will be abandoned are the elaborate mechanisms of adjusting the laws and military orders to enable Jewish settlers to live fully and legally as if they are in Israel when they are technically living in the “administered territories” under the hybrid system of Jordanian Law and Military Orders. They will now be treated de jure as Israelis in Israeli territory. The annexation will have little impact directly on their rights, privileges, and responsibilities.</p>
<p><strong>Palestinians in Annexed Areas</strong></p>
<p>The status of Palestinian Arabs currently living in the areas to be annexed (<a href="https://www.middleeastmonitor.com/20200611-israel-to-count-palestinians-in-future-annexed-areas/">estimated to number</a> some 107,000 living in 43 villages, according to the Israeli organization Peace Now) is unclear thus far, although Israeli Prime Minister Benjamin Netanyahu <a href="https://www.haaretz.com/israel-news/.premium-netanyahu-says-palestinians-in-jordan-valley-won-t-get-citizenship-after-annexation-1.8879420">declared</a> they will not become citizens of Israel. In fact, he said they will be subjects of the Palestinian Authority. One possibility is that they would be given the same status as that of East Jerusalemites; as such, they would have a category as permanent residents, which is somewhat similar to the holders of “green cards” in the United States. They would be permanent residents who could live and work in Israel but who are not citizens, and they would lose that status if they leave the territory for an extended period of time, including for studying abroad, or if they obtain another citizenship or permanent residency elsewhere (as in Awad’s case).</p>
<p>It is possible, however, that this time, Israel would determine their status in the Knesset law annexing the territories in a way that may grant them a type of status that is markedly different from that applying to Palestinians of East Jerusalem. Perhaps it would authorize granting them special permits to enter and work in the newly annexed areas while continuing to be West Bank residents, in theory subject to the Palestinian Authority (PA) in Ramallah. At one time after the Second Intifada, residents of the Jordan Valley were issued additional permits that they had to carry together with their identity cards that allowed them to enter or reside in the villages of the Jordan Valley. It is also possible that these Palestinians would be pressured immediately, or over time, to leave the newly annexed territories entirely—in other words, they would be ethnically cleansed.</p>
<p><strong>Access to the Annexed Areas</strong></p>
<p>It is expected that access to the new areas will be subject to the same restrictions that apply to entering Israel itself. While West Bank settlements outside of East Jerusalem have been effectively “gated communities” that Palestinians cannot enter without a permit, now all the lands that will be annexed will be subject to the same general permit requirements for entering Israel. New checkpoints will be erected to control movement into the entire Jordan Valley as well as the newly annexed areas, and the movement of the residents of these areas to the rest of the West Bank would also likely be restricted. That means that Palestinians who live there or who have lands they are currently farming in that area would now need some form of permit to continue to live there or to access their lands.</p>
<div class="perfect-pullquote vcard pullquote-align-full pullquote-border-placement-left">
<blockquote><p>New checkpoints will be erected to control movement into the entire Jordan Valley as well as the newly annexed areas, and the movement of the residents of these areas to the rest of the West Bank would also likely be restricted.</p></blockquote>
</div>
<p>It is also possible that their lands would be expropriated en masse under the rubric of the <a href="https://www.adalah.org/en/law/view/538">Absentee Property Law</a> since they will now be “in Israel”: landowners would technically be “absentees” under the definition of Israel’s absentee law. This bizarre outcome was hinted at in the January 2020 Trump plan, “<a href="https://www.whitehouse.gov/briefings-statements/president-donald-j-trumps-vision-peace-prosperity-brighter-future-israel-palestinian-people/">Peace to Prosperity</a>,” when it outlined the possibility of Palestinians being allowed to lease the lands they currently farm in areas that will be annexed. It is also possible that, initially, the status of the land would be left ambiguous with the precise status defined at a later point—that is, if Palestinians decide to assert ownership or challenge settlement expansion into their privately held lands.</p>
<p><strong>Post-Annexation Institutions</strong></p>
<p>In November 1981, Israel’s military commander <a href="https://s3-eu-west-1.amazonaws.com/files.yesh-din.org/Minhal+Ezrahi/YeshDin+-+Haminhal+-+English.pdf">created a civilian administration</a> to rule the occupied Palestinian territories. Settlers were given different administrative structures in the form of “regional councils” of settlements which were accorded security functions to form their own security units, separate from the army. Israel also granted them direct access to governmental ministries and services, with every effort made to keep their areas as fully functioning Israeli administrative units—even though technically, they were physically and legally outside the state of Israel. At the same time, the entire West Bank was declared a closed military zone and Israel controlled all points of entry into it. Holders of visas or residency in Israel could freely go to the settlements and, if Jewish, they could also reside there. In addition, they could establish industrial zones that were not subject to Israeli environmental regulations and could employ Palestinian workers (though ironically, under the less advantageous Jordanian labor laws). Because of the restricted residence in these settlements to Jews only (whether Israeli citizens or not), settlers could claim many of the advantages of Israeli citizenship including health care, education, security benefits, and the like.</p>
<p>Once annexation takes place, the current status of Jewish regional councils is likely to be strengthened to the full extent of Israeli municipalities, with clear licensing, zoning, and administrative powers. They will enjoy open (and not surreptitious) access to funding and services of Israeli ministries as Israeli “development towns.” Israeli police, health, government, banking, public utilities, and postal services already exist in these settlements, though under questionable authority, since the settlements are “outside” Israel; but now they will be able to enjoy such services de jure. Palestinians residing in these areas and in “enclaves” will be left without services, in a manner similar to those living in <a href="https://fpif.org/beginners-guide-unrecognized-villages-israel/">unrecognized Arab villages</a> in the Negev and elsewhere in Israel.</p>
<div class="perfect-pullquote vcard pullquote-align-full pullquote-border-placement-left">
<blockquote><p>Palestinians in the annexed territories will thus be pressured to physically move to adjacent areas more directly controlled and serviced by the PA.</p></blockquote>
</div>
<p>As for the Palestinian Authority, it will not be allowed to extend any services to these residents; further, they will not be able to obtain these services in the Jewish settlements. Palestinians in the annexed territories will thus be pressured to physically move to adjacent areas more directly controlled and serviced by the PA. Their inability to build and develop their lands will now be handled under the laws of Israel and the zoning plans and maps of Jewish settlements, rather than Israel’s Civil Administration. Those restrictions already exist since the Civil Administration rarely grants them permits. The problem will now be compounded, however, by the fact that their status under Israeli law is not clear and that they may well be deemed as “absentees” whose very physical presence is in question.</p>
<p>Israeli courts had taken the position that the occupied territories of the West Bank (except for East Jerusalem, and presumably the Golan Heights) are “occupied” under international law, and that the <a href="https://ihl-databases.icrc.org/ihl/INTRO/195">Hague Conventions</a> (though not the <a href="https://www.history.com/topics/world-war-ii/geneva-convention#:~:text=The%20Geneva%20Convention%20was%20a,non%2Dmilitary%20civilians%20during%20war">Geneva Conventions</a>) on belligerent occupation place some restrictions on how lands in the occupied territories can be used. Some security justification was deemed by Israel’s High Court to be necessary to allow building Jewish settlements on private Arab land (for example, the <a href="https://www.btselem.org/settlements/seizure_of_land_for_military_purposes">Elon Moreh case</a>). Furthermore, public lands were supposed to be held in trusteeship until peace comes and their status is resolved. While these restrictions were minimal and usually circumvented, once the annexation takes place no such restrictions will be recognized, thereby allowing the settlements to expand with no internal restraints. The clear conditioning of rights and privileges on whether a person is Jewish or Arab, a well-known phenomenon experienced daily and fully understood by both Israelis and Palestinians, will become a formal legal feature of the landscape.</p>
<p><strong>Apartheid Will Set In</strong></p>
<p>The annexation that is looming in early July will undoubtedly alter Israel’s occupation policies and practices in the West Bank for the worse. While Netanyahu satisfies his political ambition and the voracious appetite of his right-wing supporters, conditions of Palestinians will worsen and international law will find another example of Israeli transgression and banditry. It is the clarity of conditions on the ground in the post-annexation period that will make it impossible to deny that the system of apartheid will have taken another step to being realized as an outcome of occupation. This is the reason why Palestinians, the larger Arab world, and the international community are opposed to annexation. It is also the reason that, importantly, so many liberal and conservative Zionists stand in opposition to it as well.</p>
<p><strong>Jonathan Kuttab</strong> is a leading human rights lawyer and a Non-resident Fellow at Arab Center Washington DC. He is a resident of East Jerusalem and a partner of Kuttab, Khoury, and Hanna Law Firm there. He is the co-founder of Al-Haq, the first international human rights legal organization in Palestine, and of the Palestine Center for the Study of Nonviolence.</p>
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		<title>Canada does not deserve a seat at the UN Security Council</title>
		<link>https://jonathankuttab.org/2020/06/28/canada-does-not-deserve-a-seat-at-the-un-security-council/</link>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Sun, 28 Jun 2020 02:28:32 +0000</pubDate>
				<category><![CDATA[Articles by Jonathan Kuttab]]></category>
		<category><![CDATA[Media Coverage]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[#NoUNSC4Canada]]></category>
		<category><![CDATA[Canada]]></category>
		<category><![CDATA[International Law]]></category>
		<category><![CDATA[UNSC]]></category>
		<guid isPermaLink="false">https://jonathankuttab.org/?p=24821</guid>

					<description><![CDATA[If allowed into the council, Canada will act as an &#8216;Israeli asset&#8217; and contribute to the erosion of international law &#160; by Jonathan Kuttab 16 Jun<span class="excerpt-hellip"> […]</span>]]></description>
										<content:encoded><![CDATA[<div class="article-top-label"></div>
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<h3 class="article-heading-des">If allowed into the council, Canada will act as an &#8216;Israeli asset&#8217; and contribute to the erosion of international law</h3>
<p>&nbsp;</p>
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<div class="article-heading-author-img">
<div class="article-heading-author-name"><a href="https://www.aljazeera.com/profile/jonathan-kuttab.html" rel="author"><img decoding="async" title="Jonathan Kuttab" src="https://www.aljazeera.com/mritems/imagecache/profile/mritems/Images/2020/6/16/06ec0252df834bedbe2502cae137e507_6.jpg" alt="Jonathan Kuttab" /></a></div>
<div class="article-heading-author-name">
<p>by <a href="https://www.aljazeera.com/profile/jonathan-kuttab.html" rel="author">Jonathan Kuttab</a></p>
<div class="article-duration"><time class="timeagofunction" datetime="Tue Jun 16 2020 16:42:55 GMT+0000">16 Jun 2020</time></div>
</div>
<div>First published in<a href="https://www.aljazeera.com/topics/subjects/israelipalestinian-conflict.html"> Al Jazeera </a></div>
</div>
<div>
<p>Not too long ago, Canada was considered a champion for human rights and international law. The North American country was often seen, in contrast to its southern neighbour, the United States, as a stalwart defender of the rights of the oppressed, as well as a faithful supporter of international humanitarian and refugee organisations.</p>
<p>Canada&#8217;s liberal legislation required that the executive branch impose sanctions against countries known to be human rights violators. Canada also had a supportive, welcoming policy on political asylum.</p>
<p>These policies, however, were eroded under Stephen Harper&#8217;s Conservative government. And, despite expectations to the contrary, this erosion has not been reversed in the last four years under Prime Minister Justin Trudeau&#8217;s Liberal government.</p>
<p>Canada is now actively seeking to secure one of the two available non-permanent seats at the United Nations Security Council (UNSC). But the country&#8217;s gradual move away from liberalism is raising questions about whether it deserves one.</p>
<p>Nowhere is Canada&#8217;s retreat from liberal values clearer than in the case of Palestine.</p>
<p>For the last 20 years, Ottawa has been slavishly following the lead of Washington on issues related to Palestine at the UN. Since 2000, <a href="https://interactive.aljazeera.com/aje/2019/how-has-my-country-voted-at-unga/index.html">it voted &#8220;No&#8221; to 166 different General Assembly resolutions</a> on Palestine.</p>
<p data-inc="1">By contrast, the two countries that are competing with Canada for a UNSC seat in this rotation &#8211; Ireland and Norway &#8211; both have a consistently different position on issues pertaining to Palestine.</p>
<p>Dublin and Oslo have been overwhelmingly supportive of Palestine at the UN. They voted &#8220;Yes&#8221; 251 and 249 times respectively on resolutions related to Palestinian rights since 2000. Canada voted &#8220;Yes&#8221; to 87 similar resolutions, but a whopping 85 of those were from 2000 to 2010.</p>
<p>During Trudeau&#8217;s time in power, Canada supported only one pro-Palestinian resolution at the General Assembly. It repeatedly chose to stand against nations&#8217; attempts to condemn Israel for its human rights violations and illegal settlements, and support Palestinians&#8217; struggle for rights and self-determination.</p>
<p>Trudeau&#8217;s government has not been making much effort to hide where it stands on the issue of Israel-Palestine, or what it plans to do if it acquires a seat at the UNSC, either. In November 2018, during an official visit to Israel, Canada&#8217;s then Foreign Minister Chrystia Freeland openly said that she hopes securing a seat at the UNSC would allow Canada to serve as an &#8220;asset for Israel&#8221;.</p>
<p>It is no wonder then that more than 100 organisations and dozens of prominent individuals from Canada and beyond have <a href="https://www.justpeaceadvocates.ca/palestine-canada-and-un/" target="_blank" rel="noopener noreferrer">written</a> an open letter to UN ambassadors, urging countries to vote against Canada&#8217;s bid for a seat at the UNSC due to its government&#8217;s anti-Palestinian positions.</p>
<p>This campaign worried Canada. Earlier this month, Canada&#8217;s ambassador to the UN, Marc-Andre Blanchard, sent a letter (<a href="https://www.ceasefire.ca/wp-content/uploads/2020/06/blanchard-to-ambassadors-on-annexation-letter.pdf" target="_blank" rel="noopener noreferrer">PDF</a>) to other UN ambassadors to defend Canada&#8217;s positions on Israel-Palestine. lanchard underlined his country&#8217;s alleged commitment to &#8220;addressing the development and humanitarian needs of Palestinians&#8221;, but failed to offer a convincing explanation for its dismal record on voting against Palestinian interests and rights at the UN.</p>
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<p data-inc="2">The Israeli government&#8217;s recent threat to annex additional portions of the West Bank in blatant violation of international law makes opposing Canada&#8217;s bid for a UNSC seat even more urgent.</p>
<p>The entire international legal system has been based on nations respecting national frontiers and rejecting any attempt by any country to change them unilaterally. Since the end of World War II, there have only been three attempts to violate this principle. The first was the attempt by Iraq to annex Kuwait as its 19th governate. The second was Russia&#8217;s annexation of Crimea. And the third was Israel&#8217;s annexation first of East Jerusalem, then the Golan, and now portions of the West Bank.</p>
<p>Until recently, these attempts were met with near-universal condemnation. But in the last few years, the Trump administration appeared to give the green light to such violations by Israel. This has opened a Pandora&#8217;s box, and invited chaos to the international arena, as many countries across the world are in a position to claim historic rights, security interests or other needs to annex lands from their neighbours.</p>
<p>The issue is not whether Canada is &#8220;pro-Israeli&#8221; or &#8220;pro -Palestinian&#8221;. The issue is whether it continues to believe in international law, or whether it is now as openly disdainful and contemptuous of it as its southern neighbour.</p>
<p>As the US abdicates its leadership role in the international arena, actively undermines international principles, and attacks international organisations, Canada risks being drawn into similar positions.</p>
<p>For this reason alone, it is important that Canada is not allowed to take the coveted seat at the UNSC. If allowed into the Council, by its own admission, Ottawa will seek to be &#8220;an asset to Israel&#8221;. This would mean it would unreservedly follow the destructive policies of the Trump administration, and contribute to the erosion of the international legal order.</p>
<p data-inc="3">As the world batles the COVID-19 pandemic, prepares to address other global challenges such as climate change, and gears up to confront new human rights challenges, it is hoped that Canada may once again become a champion of international law and international organisations. Until then, every effort should be exerted to stop Ottawa having a say inside the Security Council.</p>
<p><em><strong>Jonathan Kuttab is a Palestinian-American attorney specialised in International law.</strong></em></p>
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<div>photo credit: During a 2018 visit to Israel, Canada&#8217;s then Foreign Minister Chrystia Freeland said Canada would serve as an &#8216;asset to Israel&#8217; if it secures a seat at the UNSC [Jim Hollander/Pool via AP]</div>
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		<title>Church Activism and Middle East Peace in the Shadow of COVID-19</title>
		<link>https://jonathankuttab.org/2020/04/21/church-activism-and-middle-east-peace-in-the-shadow-of-covid-19/</link>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Tue, 21 Apr 2020 19:48:10 +0000</pubDate>
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			<p>Arab Center Washington DC</p>
<p>April 21, 2020</p>
<p>Interview by Jonathan Kuttab with Rev. Dr. Mae Elise Cannon, Executive Director of Churches for Middle East Peace, regarding church activism during the coronavirus pandemic. Jonathan Kuttab, a Human Rights Lawyer and Non-resident fellow at Arab Center Washington DC conducted the interview via video conference.</p>

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		<title>Israel Has Effective Control over Gaza</title>
		<link>https://jonathankuttab.org/2020/04/03/israel-has-effective-control-over-gaza/</link>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Fri, 03 Apr 2020 22:35:28 +0000</pubDate>
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			<p>Arab Center Washington DC</p>
<p>See original publication <a href="http://arabcenterdc.org/viewpoint/israel-has-effective-control-over-gaza/?fbclid=IwAR1KFqSunoSHS5jE48swlJoVgRzZsIEfZv6oGY_3c9cNP8eV-L546EKOO4o">here</a></p>
<p><time>MARCH 27, 2020</time></p>
<p class="post-author">Jonathan Kuttab</p>
<p>&nbsp;</p>
<p>The current coronavirus pandemic has placed great responsibilities on governments to provide necessary guidance, testing, and regulations regarding social distancing and treatment of those who are infected. Governments also are required to ensure the delivery of medical supplies, masks, respirators, and hospital beds in large quantities to meet the needs of the populations in their charge. As cases of COVID-19 are confirmed in the Gaza Strip and fears of its rapid spread in that densely populated area increase, Israel’s legal and humanitarian obligations toward Gaza and its population become salient and take center stage.</p>
<p><strong>Legal Context and Current Conditions</strong></p>
<p>Under customary international law, the duties of a belligerent occupier toward the civilian population are very clear and include ensuring law and order and public safety. The <a href="https://ihl-databases.icrc.org/ihl/385ec082b509e76c41256739003e636d/6756482d86146898c125641e004aa3c5">Fourth Geneva Convention</a> specifically codified and detailed the responsibilities of an occupying power in a situation akin to the current one by stating that: “to the fullest extent of the means available to it, the occupying power has the duty of ensuring the food and medical supplies of the population. It should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate.”</p>
<p>There is no question that Gaza’s medical resources are extremely limited and its hospitals, already under great strain, are woefully deficient and cannot meet the requirements of this pandemic. There <a href="https://www.theguardian.com/world/2020/mar/22/gaza-confirms-first-coronavirus-cases-as-west-bank-shuts-down">are some 60 ventilators</a> for a population of two million people, and Israel has provided only 200 testing kits for COVID-19. Ghada Majadle of Physicians for Human Rights-Israel has <a href="https://www.haaretz.com/middle-east-news/palestinians/.premium-doctors-warn-of-gaza-strip-s-collapse-after-first-coronavirus-cases-surface-1.8701723">put the responsibility</a> on Israel “by virtue of international law to provide the required means to the Health Ministry in Gaza.”</p>
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Israel not only has failed to live up to its responsibilities of providing for the needs of Gaza’s civilians, it has also added to their hardship by the crippling siege it has imposed on the strip since 2007.
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<p>Israel not only has failed to live up to its responsibilities of providing for the needs of Gaza’s civilians, it has also added to their hardship by the crippling siege it has imposed on the strip since 2007, severely limiting economic activities and controlling all exports as well as the import of all goods and supplies, including food, medical provisions, fuel, and building materials. <a href="https://www.btselem.org/press_releases/20200322_corona_in_gaza">According to B’Tselem</a>, the Israeli human rights organization, “[a]fter decades of occupation in which it avoided any investment there, and after more than 12 years of blockade, Israel has turned Gaza into the biggest open-air prison in the world.” It has also impeded the ability of civilians and their families to seek medical care outside the Gaza strip for cases that cannot be handled there. Through its control over the border crossings, Israel’s military determines who can leave to seek medical care in Israel, the West Bank, or farther afield in Jordan.</p>
<p><strong>“Disengagement” and Responsibility</strong></p>
<p>The department of the Israeli army responsible for issuing or withholding such permits is the office of the Coordinator of Government Activities in the Territories (COGAT). While COGAT exercises full control over many aspects of Palestinians’ lives in Gaza and the West Bank, the official position of the Israeli government has been that since its removal of Jewish settlers and redeployment and withdrawal of its ground forces from the center of Gaza in 2005, Israel’s <a href="https://www.btselem.org/gaza_strip">occupation of Gaza ended</a> at that time; therefore, power and responsibility for the people of Gaza devolved to the Palestinians themselves. Furthermore, since Gaza came under the control of Hamas in 2007, Israel announced that it considered Gaza a “<a href="https://www.theguardian.com/world/2007/sep/20/israel1">hostile entity</a>” and felt free to impose sanctions on its population as a means of pressuring or punishing Hamas, which it considers a terrorist organization.</p>
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The argument that Israel has “disengaged” and “withdrawn” from Gaza and is therefore not accountable is no longer a rational or appropriate one to make.
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<p>The argument that Israel has <a href="https://mfa.gov.il/MFA/AboutIsrael/History/Pages/Disengagement%20-%20August%202005.aspx">“disengaged” and “withdrawn”</a> from Gaza and is therefore not accountable—which has currency in Israel and is repeated by some of its supporters abroad—is no longer a rational or appropriate one to make. Indeed, no countries around the world have accepted such a stance and all continue to view the Gaza Strip as well as the West Bank as under occupation. While Israeli forces withdrew from the city centers and delegated some power to Palestinians, they remain—and act—very much as occupiers. The fact that Hamas, unlike the Palestinian Authority, is much more antagonistic to Israel does not change this reality. In the words of Shannon Maree Torrens, “That Israel denies that it is an occupying power in relation to Gaza should have no effect on the international community holding it to account for responsibilities it has long neglected.”</p>
<p><strong>The Occupation of Gaza Continues</strong></p>
<p>While Israel has in fact redeployed its ground troops out of the populated centers and does not handle the daily affairs of Gazans, it continues to exercise very effective control, from the outside, on all aspects of life there. Specifically, Israel’s dominance is evident and exercised in the following areas:</p>
<ul>
<li>Whenever they desire, the Israel Defense Forces enter Gaza and carry out operations both openly and clandestinely.</li>
<li>Israel regulates the borders so that no persons or goods can enter or leave the area without its permission. Although one part of Gaza’s southern border is controlled by Egypt, a joint agreement between Israel and Egypt ensures that no goods or personnel can enter or exit without coordinating with Israel. Illegal tunnels that attempt to circumvent this system of control are frequently <a href="https://www.reuters.com/article/us-israel-palestinians-tunnel/israel-says-it-destroyed-gaza-attack-tunnel-under-egyptian-border-idUSKBN1F3079">bombed</a> or flooded by Israel and Egypt.</li>
<li>Israel commands the airspace above Gaza. Its planes and drones constantly conduct surveillance and military operations.</li>
<li>Israel controls the sea coast and territorial waters. It regularly prohibits fishermen from fishing beyond the limits it sets and changes from time to time. The Israeli navy blockades the coast, fires on fishing boats, and interdicts any attempts to break the siege by sea flotillas, even in international waters. Israel also exploits—for its own purposes exclusively—the subterranean natural gas fields in the Mediterranean Sea off Gaza’s shores.</li>
<li>Israeli currency is used in Gaza and Israel controls the flow of any other currency.</li>
<li>Israel controls the entry of any humanitarian assistance into the area.</li>
<li>The population register for Gaza is in Israeli-controlled computers and all Gazans are required to use Israeli-issued ID numbers. To be effective, documents officially issued by the Palestinian Authority or Hamas require numbers that are issued and approved by Israel.</li>
<li>Postal, telephone, and internet connections between Gaza and the outside world are all “hosted” and conducted through Israel.</li>
<li>While Hamas ostensibly runs internal day-to-day affairs in Gaza, both Israel and the Palestinian Authority deny its legitimacy. Daily affairs are conducted within the parameters of Israeli approval. While such cooperation is not always acknowledged by either side, in fact Israel considers Gaza to be a territory under its effective control. In practice, Israel is happy to cede the responsibility for running the affairs of the Gaza Strip but it has never relinquished control or power over the area in any matter that it deemed was in its interest.</li>
</ul>
<p>In reality, therefore, Gaza continues to be effectively under Israeli occupation. The responsibility for protecting Gaza’s citizens from the spread and serious effects of the coronavirus must rest with Israel. Gaza’s Health Ministry <a href="https://www.haaretz.com/middle-east-news/palestinians/.premium-on-the-brink-of-its-own-coronavirus-crisis-gaza-appeals-to-israel-and-the-world-1.8707156">has issued warnings</a> about the epidemic and has appealed to Israel to provide necessary supplies in order to help stem the impact of the virus. To be sure, Israel must understand and implement its obligations toward Gaza’s citizens and abide by its responsibilities under the Geneva Conventions.</p>
<p><strong>Jonathan Kuttab</strong> is a leading human rights lawyer and a Non-resident Fellow at Arab Center Washington DC. He is a resident of East Jerusalem and a partner of Kuttab, Khoury, and Hanna Law Firm there. He is the co-founder of Al-Haq, the first international human rights legal organization in Palestine, and of the Palestine Center for the Study of Nonviolence.</p>
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		<title>And now what? A realistic approach to the Israeli-Palestinian impasse</title>
		<link>https://jonathankuttab.org/2020/03/03/and-now-what-a-realistic-approach-to-the-israeli-palestinian-impasse/</link>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Tue, 03 Mar 2020 21:36:38 +0000</pubDate>
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			<p style="text-align: left;">By:</p>
<p style="text-align: left;"><a href="https://www.mei.edu/experts/jonathan-kuttab">Jonathan Kuttab</a></p>
<p style="text-align: left;">Published by</p>
<p style="text-align: left;"><a href="https://www.mei.edu/publications/and-now-what-realistic-approach-israeli-palestinian-impasse">Middle East Institute</a></p>
<p style="text-align: left;">March 2, 2020</p>
<p>The announcement of Donald Trump’s “deal of the century” was a rude shock, roundly condemned by almost everyone concerned with peace and justice between Israelis and Palestinians. But it also presents an urgent challenge for all those who reject it because they realize the dire implications of what it portends for the future of any peaceful negotiated solution. It unmistakably marks the death of the two-state solution and presents a vision of how Israel would like to live with a permanent grip over the entire territory and the lives of all Palestinians currently under its control.</p>
<p>If a genuine two-state solution is truly dead, and an equitable one-state solution is even harder to achieve, then where does that leave us? What is, or should be, the agenda for the foreseeable future for those concerned with the Israeli-Palestinian issue.</p>
<p><strong>For Israel and its ardent supporters:</strong> The occupation has gone on for far too long. The excuses for failing to make peace have grown very thin and are no longer believed, even by its own friends. For the foreseeable future, Israel holds all the cards and must alone determine how it wishes to play them. It can no longer claim it has “no partner for peace” as a pretext for not moving forward. It controls Palestinians, their lives, their movement, and even their leadership. It holds levers over all aspects of their lives, and acts as sovereign and owner of the entire land, unrestrained by anything (including international law, or the international community). It has successfully deflected all acts of resistance and all outside pressure. It still needs to determine, at least for its own purposes, where it wants to go, and what it should do. The collapse of the moves for Palestinian statehood (celebrated by some) forces the issue of: What then? Do we rule over Palestinians forever, as noncitizens? Can we accept in perpetuity that our Jewish state can only treat Palestinians as unequal in Israel; occupied in parts of the West Bank; totally besieged in Gaza; and permanently barred into exile in their diaspora? And if so, how do we Israelis plan to “manage” this situation as a permanent state of affairs? How can we best deal with another people that we rule, but in line with our own ideals? Palestinians are going nowhere, so how we deal with them (sans excuses) is part of who we are or have become.</p>
<p><strong>For Palestinians:</strong> As hopes for a genuine independent state collapse, and the one-state solution appears even farther away, how do we struggle for our rights and dignity, and build for ourselves and our children a better future? Submission to the existing injustice is <strong><u>not</u></strong> an option. Can we find methods that are effective and goals that are achievable? Surely violence has not served us well and is not likely to succeed against such enemies, who are immeasurably more powerful, better armed and organized, and strategically and tactically dominant on the battlefield — and paranoid to boot. Nor can we expect salvation from either the Arab states, Europe, or the outside world, all of which are too consumed with their own problems and too heavily invested in their relationships with Israel to seriously challenge the status quo. What else can we, Palestinians, do? Can a more assertive and better planned and organized non-violent campaign of resistance serve us better?</p>
<p><strong>For third parties who are concerned about peace and justice, and who perhaps care about both Israelis and Palestinians: </strong>Is there a path to actively supporting both and working for human rights and dignity in light of the overwhelmingly depressing political prognosis? Despairing of an “ultimate solution,” are there interim measures we can work for or support?</p>
<p>To all of the above, there are answers, options, and paths for action that may not lay out “the solution,” but can be worthwhile, effective steps in the right direction. Together, they provide a realistic alternative vision and political program to that being pursued by Trump and Benjamin Netanyahu. None of these steps are easy, cost free, or guaranteed to “solve” the problem, but each can be perused without either demanding or ruling out a particular political solution in the future. The parties, and particularly Israel, will not easily agree to any of them, and they still require a detailed workplan to bring them about, but these are interim goals, or campaigns we can work on in the meanwhile:</p>
<ol>
<li>Ending the siege of Gaza and allowing people and goods to move free in and out of the Strip must be a top priority in the interim. The siege was initially undertaken as a political move to punish Gazans for their support of Hamas and to sever the West Bank from Gaza with the aim of fragmenting Palestinians and thus preventing Palestinian statehood. It cannot be a permanent feature of life. With due consideration for the desire to prevent weapons from entering Gaza (a failed exercise in any case), draconian controls over the civilian life and economy of two million people in the Gaza Strip cannot be a permanent state of affairs. It must end. Whatever puny efforts some in Gaza may undertake to militarily resist are strategically insignificant, even though Israel will not be able to completely deter them by force alone But given the relative quiet (from Gaza’s side), the siege must be lifted. This is something all parties must work on <strong><u>now</u></strong>. Concerted diplomatic pressure, as well as courageous nonviolent action to break the siege, is called for and must be initiated immediately.</li>
<li>Abandoning armed resistance by Palestinians is another top priority. Armed struggle is never an end unto itself. It is only a means for achieving political ends, which seem to be elusive now. However deeply oppressed and however justifiably provoked Palestinians are, armed resistance cannot help them in their present situation. Not a single political or national goal can be advanced by acts of desperation, especially if aimed at civilian “softer targets,” and such acts are bound to be counterproductive. They lead to massive punishing countermeasures, which both the Israeli public and the outside world view as “justified.” They also bolster right-wing extremism and place Palestinian advocates on the defensive. The issue is not the legitimacy of armed resistance, but its efficacy. Palestinians will do well (for themselves) to suspend any such actions. The emotional rush or satisfaction derived from “doing something” or “making the other side suffer” is not a rational reason to do things that are counterproductive to our cause. By the same token, continued Israeli reliance on the army and deadly force has also proven ineffective and “deterrence” has not worked. Israelis must seriously rethink the efficacy of reliance on military power as well.</li>
<li>Struggling against collective punishment and administrative measures. Many of the forms of control used by Israel against Palestinians punish whole segments of the community, in a supposed attempt to fashion the behavior of the entire community by punishing its members and rendering them all subject to Israel’s arbitrary acts. These measures include detention without trial, house demolitions, collective punishments, restrictions on travel, and other measures undertaken at the sole discretion of the occupying forces. Such actions contravene international law, common morality, and basic human decency. Some would say they also contravene the character and morality of Judaism and of the nature of society Jews wish to have for Israel. Such measures may find some justification in times of crisis but cannot serve as a permanent feature of any people’s existence. If Israel wishes to “manage” this population, it must realize that neither occupation, nor apartheid have permanency. Just as slavery and colonialism eventually had to be abolished, so will this injustice.</li>
</ol>
<p>If Israel is going to insist, in the foreseeable future, on being in charge of Palestinian lives and affairs and on denying them genuine statehood, it must find a way to provide a minimum of normalcy by lifting the measures that subjugate them to arbitrary actions. It must give them a role in deciding their own affairs, in the West Bank (including Area C, which is currently outside the control of the Palestinian Authority) and Gaza, as well as in Israel. A large number of measures exist that are totally within Israel’s control, and can be undertaken unilaterally, with minimal impact on the broader security situation. Currently, existing military orders give Israeli officials full control over all aspects of life, including digging wells, building and land use in Areas C and B, and travel to and from the Palestinian areas. Israel can easily cede such controls without endangering its security. Such actions do not require Palestinian “agreement,” and they do not determine a particular ultimate political solution. Israel should seriously consider implementing them unilaterally rather than keeping them as “potential bargaining chips” in negotiations over a solution that does not appear on the horizon for the foreseeable future. These include:</p>
<ol>
<li>Ending all administrative detentions and releasing administrative detainees.</li>
<li>Removing all restrictions on normal movement of goods and services between the West Bank and Israel, as well as between Gaza and the West Bank. Specific individuals may still be prevented from movement into Israel by court decree, upon good cause, but the blanket prohibitions on the entire population must be lifted, especially with respect to access to East Jerusalem. This has actually been tried a number of times, with good results. The continued restrictions have a political, not security, basis. They are an expression of power and control, not a need for security.</li>
<li>Removing all barriers, checkpoints, and obstructions <u>within</u> the West Bank, which would allow freedom of movement for goods and persons. These restrictions currently hamper economic development, create daily humiliations and frustration, and their contribution to Israel’s security is negligible, while their impact on the lives of Palestinians and their contribution to increasing hatred and enmity is enormous.</li>
<li>Granting Palestinians permission to build in Area C of the West Bank and returning zoning and planning authority in the area to them. Israeli exercise of its powers in this area is an expression of desire for control and domination, rather than need.</li>
<li>Creating new legislative and constitutional guarantees for equality in Israel itself, and making the promise of equality in Israel’s Declaration of Independence operational and binding.</li>
<li>Making all residents of the West Bank, including Jewish settlers, subject to the same laws, administered by civilian, not military courts. This measure does not need Palestinian approval. Those Jewish settlers who wish to continue living illegally in the West Bank, for whatever reason, must be required, as a minimum, to accept legal equality with Palestinians in that area. This could take the form of extending certain Israeli privileges to West Bank Palestinians or alleviating certain burdens from the Arab population that would be intolerable to Jewish settlers. Either way, it would promote equality without prejudicing Israeli security or the eventual political outcome. Israeli refusal to carry out this suggestion and the suggestion in (4) above lays bare the true nature and purposes of the occupation regime, which perhaps will not change till these goals are defeated.</li>
</ol>
<p>It may be argued that all these suggestions would only beautify and prolong the occupation rather than remove it. My answer is that each and every one of these suggestions can be pursued without abandoning one’s own political beliefs or one’s own struggle for the ultimate political outcome. Yet they address the current intolerable situation that has been oppressing the local population for half a century while pretending to be temporary. The interminable debate about the “ultimate solution” should give way to concerted action on specific interim measures that all people of goodwill can agree upon.</p>
<p>&nbsp;</p>
<p><em>Jonathan Kuttab is a leading human rights lawyer and a partner with Kuttab, Khoury, and Hanna Law Firm in East Jerusalem. The views expressed in this article are his own.</em></p>
<p>Photo by Issam Rimawi/Anadolu Agency via Getty Images</p>

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		<title>How Trump Drove a Coach and Horses Through International Law</title>
		<link>https://jonathankuttab.org/2019/04/28/how-trump-drove-a-coach-and-horses-through-international-law/</link>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Sun, 28 Apr 2019 14:42:07 +0000</pubDate>
				<category><![CDATA[Articles by Jonathan Kuttab]]></category>
		<category><![CDATA[Media Coverage]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Writing & Media]]></category>
		<category><![CDATA[International Law]]></category>
		<category><![CDATA[Jonathan Kuttab]]></category>
		<category><![CDATA[Palestine]]></category>
		<guid isPermaLink="false">https://jonathankuttab.org/?p=335</guid>

					<description><![CDATA[The effects of the reckless policy of President Trump will not be limited to the Middle East. ]]></description>
										<content:encoded><![CDATA[<p>&nbsp;</p>

<figure class="wp-block-image"><a href="http://www.arabnews.com/taxonomy/term/311866"><img decoding="async" src="http://www.arabnews.com/sites/default/files/styles/scale_100/public/2019/04/27/1557126-1556395253-20.png?itok=9ych0wSp" alt="Author" /></a></figure>



<p><a href="http://www.arabnews.com/taxonomy/term/311866">JONATHAN KUTTAB</a></p>



<p>April 27, 201922:55192</p>



<p>Read the Original at <a href="http://www.arabnews.com/node/1488931">Arab News</a></p>



<figure class="wp-block-image"><img decoding="async" src="http://www.arabnews.com/sites/default/files/userimages/20/kuttab.jpg" alt="" />
<figcaption>Israeli Prime Minister Benjamin Netanyahu holds a proclamation signed by US President Donald Trump recognizing Israel&#8217;s sovereignty over the Golan Heights, surrounded by cabinet members, during the a weekly cabinet meeting in Jerusalem, on  April 14, 2019. (Ronen Zvulun/Pool via AP)</figcaption>
</figure>



<p>One of the worst decisions for world peace made by the Trump administration has not received enough attention. Withdrawal from the Paris climate accords was bad, revoking the Iran deal sent a signal that international agreements signed by a US president may not be honored by subsequent administrations, and the successful intimidation of the International Criminal Court has caused dire consequences for the international order.</p>



<p>But the worst decision by the Trump administration is the cavalier reversal of a principle that has been the bedrock of international stability since the Second World War. In order to ensure that countries can longer benefit by invading and occupying weaker neighbors, the world unanimously agreed on the “inadmissibility of the acquisition of territory by war.” Attempts to violate this principle (Iraq in Kuwait, Russia in Ukraine, and Israel in Jerusalem and the Golan) were universally condemned and rejected. This principle was mentioned in the preamble of UNSC 242 and has been a fundamental principle of international law since the mid-1990s.</p>



<p>US officials, trying to justify the Trump administration’s sudden recognition of the illegal annexation by Israel of the Syrian Golan Heights, argued that the territory was acquired in a “defensive” war; and that in any case Syria is embroiled in a civil war and its current leader is not worthy of having his land back.</p>



<p>The defensive war justification does not hold water. Western governments, international human rights organizations and jurists, including some Israeli jurists, acknowledge that the prohibition against acquiring territory by war makes no reference to whether the war is defensive or offensive.  Israel claims that it started the June 1967 war because it feared an assault from Egypt. President Abdul Nasser had blocked the Straits of Tiran, and removed the UN peacekeeping forces established in Sinai following Israel’s invasion of Egypt in 1956.  Arabs dispute this and commonly refer to the 1967 war as an aggression against them. This only underlines the point that both sides in any war can claim to act “defensively,” which is why international law makes no distinction between a defensive or offensive war when it prohibits the “acquisition of territory” during war.  </p>



<p>The problem with Washington’s action is that it forms a dangerous precedent. No sooner had Israeli Prime Minister Benjamin Netanyahu returned from Washington after the Golan decision when he began talking about annexing portions of the West Bank, which would totally destroy the possibility of a peaceful resolution based on a two-state solution.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong>The effects of the reckless policy of President Trump will not be limited to the Middle East. Countries the world over that have an ambition to capture land they believe traditionally belongs to them will now have a strong precedent. &#8220;If the Americans and Israelis can do it,” they will say, “then so can we.&#8221;</strong></p>
<p><em>Jonathan Kuttab</em></p>
</blockquote>



<p>The consequences of Donald Trump’s recognition of the annexation of occupied Syrian territories extend far beyond the Middle East conflict, and sends a green light to every country in the world. If this principle is abandoned no one would be able to object to Russia claiming parts of Ukraine, or Saudi Arabia claiming parts of Yemen, Iraq demanding Kuwait be its 19th district, and so many other land disputes. Numerous countries in Africa, Asia and Europe have territorial disputes with neighboring countries, and may choose to resolve the issue by forcibly retaking territory to which they have some historic or tribal claim.</p>



<p>The Nazi war machine was so brutal, and its occupation of many countries in Europe so nasty, that the world community rose up and agreed on principles that were coded into international law. The Fourth Geneva Convention was written and approved in 1949 precisely to give protection to civilian populations falling under belligerent military occupation until peace is restored and their territories relinquished by the conquering armies. The occupier, in particular, is prohibited from moving its civilian population into the occupied territories (which is why all Israeli settlements are illegal under international law).  This was affirmed in the 2003 decision of the International Court of Justice in the case of Israel’s wall built deep in Palestinian occupied territory. Natural wealth, artifacts and resources in occupied areas cannot be legally taken by an occupying power. Annexing occupied areas is totally rejected.</p>



<p>For decades, successive US Democratic and Republican administrations, for all their support of Israel, have refused to recognize Israeli unilateral actions in East Jerusalem and the Golan Heights. They also insisted that Geneva Convention rules must apply. But the Trump administration has recklessly thrown out this important principle, denied the existence of an occupation, moved an embassy into Jerusalem, recognized the illegal Israeli annexation of the Golan Heights and was not even willing to discuss Netanyahu’s plans to  annex any parts of the West Bank.</p>



<p>American officials claim they are about to reveal a peace plan. This may be the case, but such a plan can hardly be advanced by this recent action. The effects of the reckless policy of President Trump will not be limited to the Middle East. Countries the world over that have an ambition to capture land they believe traditionally belongs to them will now have a strong precedent. &#8220;If the Americans and Israelis can do it,” they will say, “then so can we.&#8221;</p>



<p>• <em>Jonathan Kuttab is a jurist doctor in international law from the University of Virginia, and co-founder of Al Haq Human Rights organization in Ramallah.</em></p>



<p><em>Twitter: @jkuttab</em>Disclaimer: Views expressed by writers in this section are their own and do not necessarily reflect Arab News&#8217; point-of-view     </p>

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		<title>Speaker Visiting Peterborough Paints Portrait of Suffering, Crisis in Gaza</title>
		<link>https://jonathankuttab.org/2019/01/25/speaker-visiting-peterborough-paints-portrait-of-suffering-crisis-in-gaza/</link>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Fri, 25 Jan 2019 22:00:16 +0000</pubDate>
				<category><![CDATA[Media Coverage]]></category>
		<category><![CDATA[Gaza]]></category>
		<category><![CDATA[Jonathan Kuttab]]></category>
		<category><![CDATA[Palestine]]></category>
		<guid isPermaLink="false">https://jonathankuttab.org/?p=312</guid>

					<description><![CDATA[&#160; ROSEMARY GANLEY: What is needed now is a commitment to human rights for all OPINION Jan 23, 2019 by ROSEMARY GANLEY Special to The Examiner Jonathan Kuttab with Just<span class="excerpt-hellip"> […]</span>]]></description>
										<content:encoded><![CDATA[<p>&nbsp;</p>

<p><strong>ROSEMARY GANLEY: What is needed now is a commitment to human rights for all</strong></p>



<p>OPINION <a href="https://www.thepeterboroughexaminer.com/opinion-story/9140237-speaker-visiting-peterborough-paints-portrait-of-suffering-crisis-in-gaza/">Jan 23, 2019 by ROSEMARY GANLEY Special to The Examiner </a></p>



<p><a href="https://www.thepeterboroughexaminer.com/news-story/9113500-lawyer-visits-peterborough-to-discuss-issues-in-palestine/">Jonathan Kuttab with Just Peace Advocates coming to Peterborough.</a></p>



<p>I&#8217;m going to plunge into a topic that is fraught with division and deep trauma on all sides.</p>



<p>It is the situation in Israel, particularly the behaviour of the government of Israel, and what it has done and is doing in Gaza (population 1.8 million) and the West Bank (2.5 million), which are &#8220;occupied territories&#8221; holding Palestinians.</p>



<p>I listened to the testimony of a highly educated and compassionate spokesperson for the Palestinians this week at Sadleir House, Jonathan Kuttab. He is a lawyer, who recently was guest professor at the York University law school. He is a Christian Arab, born in East Jerusalem, now based in Jerusalem.</p>



<p>Critics of the policies of the Israeli government, and there are plenty in Canada and around the world, including the Israeli newspaper Haaretz, face the possibility, nay probability, that they will be labelled &#8220;anti-Semitic.&#8221; Or, if they are Jewish, they will be called &#8220;self-hating Jews.&#8221; But name-calling cannot become a reason for reticence when one looks at the massive, long-standing and ultimately cruel occupation, and denial of basic rights in the two shrunken areas.</p>



<p>The United Nations has been warned that Gaza, (40-by-six-kilometre) is expected to be &#8220;uninhabitable&#8221; by 2020. Electricity is on four hours a day. The barrier is a wire fence, backed up by armed Israeli soldiers. Food is very expensive. Water is often contaminated. A Gazan hospital was bombed in 2014. Unemployment is 40 per cent.</p>



<p>A Peterborough group headed by activist Margaret Slavin is in touch with a family in Gaza and knows the daily deprivation it suffers.</p>



<p>Kuttab offered his listeners slides, maps and some history. After the Second World War, in which Europe tore itself apart and then faced a dreadful acknowledgement of the Holocaust, during which six million Jewish citizens of several countries were killed in death camps, there was a global feeling of revulsion, guilt and shame.</p>



<p>So in 1948, the British government, which had been in charge of Palestine, decided to make the territory a homeland for the Jews. Except that it was already home to four million Palestinians who had no say in the matter. This was the Balfour Declaration.</p>



<p>Then came simmering resentment and some armed resistance. For 70 years, attempts at finding a solution failed. Twenty-five years ago in Oslo, Norway, leaders came up with the &#8220;two-state solution.&#8221; It might have worked, but separation was not so easy: Arabs were living among Jews everywhere. Progressive Israeli prime minister Yitzak Rabin was assassinated by a religious fanatic.</p>



<p>The pain in Kuttab&#8217;s presentation regarding the suffering of Palestinians was breathtaking, but equally so was the utter absence of vengefulness or hatred. He is convinced, as are many Israeli writers and citizens, that the imprisonment they are administering has the effect of imprisoning them also, and corrodes the long-admired Jewish conscience.</p>



<p>Israel is a nuclear power. We have seen pictures of boys with sticks and rocks being fired on by heavily armed soldiers. Prime Minister Benjamin Netanyahu, a hawk, is further empowered now by Donald Trump. Illegal settlements in the West Bank now house 700,000 Israelis.</p>



<p>Many Israelis have a strong fear that Arabs will exact revenge. But Kuttab said, &#8220;We are all intermixed now. What is needed is a commitment to human rights for all; an end to the blockade and the provision of services to all. The international community must help.&#8221;</p>



<p>Israeli&#8217;s neighbours, Syria, Egypt and Jordan, must pledge to respect its right to exist in safety. Israel is a democracy with freedom of speech and of the press.</p>



<p>Small steps in regional co-operation are needed. So is a conviction among Israeli leaders that justice for its Palestinian minority is crucial. Many lives depend on it.</p>



<p>NOTE: Reframe Film Festival will show a documentary entitled &#8220;Naila and the Uprising,&#8221; set in Gaza, on Friday at 1 p.m. at Showplace. Visit <a href="http://www.reframefilmfestival.ca/">www.reframefilmfestival.ca</a> for details.</p>



<p>Rosemary Ganley is a writer, teacher and activist. Reach her at rganley2016@gmail.com</p>



<p>Rosemary Ganley is a writer, teacher and activist. Reach her at <a href="mailto:rganley2016@gmail.com">rganley2016@gmail.com</a></p>

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		<title>Palestine Needs Our Help, Says Human Rights Lawyer</title>
		<link>https://jonathankuttab.org/2019/01/25/palestine-needs-our-help-says-human-rights-lawyer/</link>
		
		<dc:creator><![CDATA[Jonathan Kuttab, international human rights lawyer]]></dc:creator>
		<pubDate>Fri, 25 Jan 2019 21:43:30 +0000</pubDate>
				<category><![CDATA[Media Coverage]]></category>
		<category><![CDATA[Jonathan Kuttab]]></category>
		<category><![CDATA[Palestine]]></category>
		<guid isPermaLink="false">https://jonathankuttab.org/?p=280</guid>

					<description><![CDATA[&#160; Original appeared in Journey Magazine Peterborough on January 17, 2019 The 25-year-old Oslo Peace Accords are long dead.  A  two-state solution to the Palestinian-Israeli conflict is<span class="excerpt-hellip"> […]</span>]]></description>
										<content:encoded><![CDATA[<p>&nbsp;</p>

<p>Original appeared in<a href="https://journeymagazineptbo.com/2019/01/17/palestine-needs-our-help-says-human-rights-lawyer/"> Journey Magazine Peterborough on January 17, 2019</a></p>



<p><strong>The 25-year-old Oslo Peace Accords are long dead.  A  two-state solution to the Palestinian-Israeli conflict is no longer viable. The Trump administration recently cut all US funding to the United Nations Relief and Works Agency for Palestine Refugees in the Near East and moved the US embassy to Jerusalem from Tel Aviv. </strong></p>



<p><strong> Gaza is suffocating under an Israeli/Egyptian air, land and sea blockade since 2007, and, according to the United Nations, could become uninhabitable by 2020.   Palestinians stage weekly mass protests as part of the Great March of Return movement, with many deaths at the hands of Israeli soldiers. </strong></p>



<p><strong>Is</strong><strong> there hope for peace and a decent life for the Palestinian people? </strong></p>



<p><strong>About 50 people recently listened to a Palestinian international human rights lawyer  in Nogojiwanong/Peterborough, Ontario as he told them, yes, there is hope.</strong></p>



<p><strong>It comes, not with violence, but with a commitment to human rights, equality and human dignity along with a call to action to the international community and citizens around the world,  “who have a passion, love, and respect for human beings regardless of their race, religion, ethnicity or other orientations,” said Jonathan Kuttab.</strong></p>



<p><strong>“But Palestinians, on their own, cannot do it.”</strong></p>



<p><strong>“The time has come to acknowledge that a two-state solution is not going to happen,” Kuttab said at the Jan. 9 event organized by four local social justice groups — <a href="https://journeymagazineptbo.com/about/">Peterborough Peace Council, </a><a href="https://canadians.org/chapter/peterborough-kawarthas-chapter">Peterborough and the Kawarthas Council of Canadians</a>, <a href="https://www.kwic.info/">Kawartha World Issues Centre, </a>and <a href="https://opirgptbo.ca/">OPIRG Peterborough</a>. “Israel has triumphed completely in that there will not be a Palestinian-Arab state (as was once thought). In reality there is only one state called Israel,”  </strong></p>



<p><strong>“But we can, and do, and will live together. The short-term is very bad, but I think we will live together as equals. That is my hope. . . and all of us will, and should, be part of that change,” he said. </strong><strong>“We must start working at peace instead of working at war.”</strong></p>



<p><strong>Kuttab, a Christian Palestinian, co-founded Al Haq in 1979, the first international human rights legal organization in Palestine, and is a founding director of <a href="https://www.justpeaceadvocates.ca/">Just Peace Advocates/Mouvement pour une Paix Juste</a>, a Canadian based international law human rights not-for-profit. He practises law in East Jerusalem. (See full biography below.)</strong></p>



<div class="wp-block-image">
<figure class="alignleft"><img decoding="async" class="wp-image-17845" src="https://journeymagazineptbo.files.wordpress.com/2019/01/jonathan-e1547175156724.jpg?w=224&amp;h=241" alt="jonathan" /></figure>
</div>



<p><strong>Jonathan Kuttab at Sadleir House in Peterborough, Jan. 9</strong></p>



<p><strong>After giving a synopsis of the <a href="https://www.vox.com/2018/11/20/18079996/israel-palestine-conflict-guide-explainer">history of Palestine and Israel </a>to the audience, he shared his perspective on the situation now, noting “to this day, we are living” the results of the events of 1948 (the creation of Israel) and 1967 (the Six-Day War), and the start of Jewish settlements in the West Bank following that war.</strong></p>



<p><strong>After 50 years of occupation of Palestinians by Israel, the Jewish settlements in th</strong><strong>e</strong> <strong>West Bank have now become irreversible, with 700,000 settlers living in a permanent fixed manner throughout the occupied Palestinian territory, Kuttab said. </strong></p>



<p><strong>“They live as lords and masters enjoying a system of roads that connect them to one anther and to Israel. They have their own education and health systems, laws, courts, police, and social security. They want and demand the right to live there, with all the advantages of Israelis.”</strong></p>



<div class="wp-block-image">
<figure class="alignleft"><img decoding="async" class="wp-image-17856" src="https://journeymagazineptbo.files.wordpress.com/2019/01/gaza-blockade-photo.jpg?w=667" alt="gaza blockade photo" /></figure>
</div>



<p>Gaza, with Israeli/Egyptian-controlled borders and limited fishing zone (wikipedia)</p>



<p><strong>But of the three areas where Palestinians live — the West Bank, Gaza and Israel —  Gaza is worst, Kuttab said.</strong></p>



<p><strong>Gaza is a 140 square mile stretch of land located along the Mediterranean coast</strong> <strong>between Egypt and Israel. Blockaded by air, land and sea since 2007, the borders and its 2 million people are carefully controlled, the movement of goods and humans severely restricted, and the population faces food shortages and 40% unemployment — a collective punishment by Israel in reaction to Hamas gaining control of Gaza in 2007.  </strong></p>



<p><strong>Hospitals are forced to rely on generators for life-saving equipment, while supplies of life-saving medicines dwindle to dangerous levels. </strong><strong>98% of Gaza’s water is not fit for human consumption. As water treatment and desalination plants stop working, many fear the supply of drinking water will run out.</strong></p>



<div class="wp-block-image">
<figure class="alignright"><img decoding="async" class="wp-image-17855" src="https://journeymagazineptbo.files.wordpress.com/2019/01/palestinian-women-demonstrating-march-2018.jpg?w=300&amp;h=169" alt="palestinian women demonstrating march 2018" /></figure>
</div>



<p>Palestinian women in Gaza protest (Anadolu Agency, Turkey)</p>



<p><strong>Kuttab said nothing can go in or out — people, goods, fuel, food — without Israeli control. People are only allowed to fish three miles out, if at all; the Israeli army calculates the number of calories needed for a basic diet, and only allows food amounts into Gaza according to those numbers, he said.</strong></p>



<p><strong>(See also The Gift of Hope: Helping One Family Survive the Occupation </strong><strong><a href="https://journeymagazineptbo.com/2016/08/04/1580/">https://journeymagazineptbo.com/2016/08/04/1580/)</a></strong></p>



<p><strong>But Israel has not won, altogether, said the lawyer.</strong></p>



<p><strong>“It has failed largely because it it an anachronism, living in the wrong century.” </strong></p>



<p><strong>He explained that centuries ago it might have been considered a progressive experiment in human life, but that was during a time when systems like apartheid, a caste structure, slavery, and colonization were all acceptable. </strong></p>



<p><strong>Not now. </strong></p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p><strong>Today, especially after WWII, said Kuttab, there is an international recognition of sovereign boundaries and “a concept called human rights, which means if you belong to the human race it gives you certain rights, whether you are rich or poor, black or white, male or female. Just the fact that you are human beings means there is something divine in you, a part of God is in you, that other countries have to respect, not because they are nice people, but because it is your right.”</strong></p>
</blockquote>



<p><strong>“Israel’s prime minister, Benjamin Netanyahu, has said, ‘if you are powerful you can do what you want’,” Kuttab said. “I think people know that is not true. Eventually God, history, and reality catches up with you. Will </strong><strong>the world accept a state that fundamentally and openly and through its constitution says we are only for Jews?”</strong></p>



<p><strong>There are not many in the rest of the world who accept the idea that Jews have any rights to the settlements in the West Bank, said Kuttab, and they agree the illegal settlements are an obstacle to peace and have made it hard to create a two-state solution.</strong></p>



<p><strong>And, while Israel managed to successfully evict two thirds of the Arab population, there are still six million Palestinians remaining in Gaza, the West Bank and Israel, he added, and h</strong><strong>istory shows you cannot have a state with a large portion of your population disenfranchised. Eventually you have to accept them and give them rights, he said.</strong></p>



<p><strong>“It will be traumatic for both Palestinians and Zionists.”</strong></p>



<p><strong>Kuttab is adamant that violence is not the answer. For one thing, Palestine could never out-power the Israeli military, backed by the United States.</strong></p>



<p><strong>The solution must be economic, non-violent, and cultural, using diplomatic pressure, international law, and the global <a href="https://bdsmovement.net/">boycott, divest and sanctions (BDS) </a>campaign against Israel, he continued. It is a tiny country with few natural resources and it depends on the rest of the world, he said.</strong></p>



<p><strong>Kuttab mentioned two campaigns (other than BDS) in which Canadians can take part. One is <a href="https://www.justpeaceadvocates.ca/gaza-20-20/">Gaza 20/20</a>, which is internationally focused on bringing awareness to the situation and calling on governments to hold Israel accountable, and lift the siege of Gaza, using both domestic and international law. Over 100 organizations have signed on.  </strong></p>



<p><strong>The second campaign is <a href="https://www.nwttac.canada.dci-palestine.org/">No Way To Treat a Child,</a> which says each year the Israeli military detains and prosecutes around 700 Palestinian children as young as 12. The campaign calls for the Canadian government to “use all available means to pressure Israel to end the detention and abuse of Palestinian children”. It says 23 federal Members of Parliament have supported the campaign.</strong></p>



<p><strong>By Melodie McCullough</strong></p>



<p><strong>Jonathan Kuttab Bio (From <a href="http://www.justpeaceadvocates.ca/">http://www.justpeaceadvocates.ca</a>)</strong></p>



<div class="wp-block-image">
<figure class="alignleft"><img decoding="async" class="wp-image-17846" src="https://journeymagazineptbo.files.wordpress.com/2019/01/kuttab-jonathan.jpg?w=115" alt="kuttab-jonathan" /></figure>
</div>



<p><strong>Jonathan Kuttab is a leading human rights lawyer. After a graduating with his Doctor of Jurisprudence (JD) from Virginia Law School, and practising a couple years on Wall Street, Jonathan returned home to Palestine.</strong></p>



<p><strong>In 1979, Jonathan co-founded Al Haq, the first international human rights legal organization in Palestine. Later he co-founded the Palestinian Center for the Study of Non-Violence (now Non-Violence International) and also founded the Mandela Institute for Prisoners.</strong></p>



<p><strong>Jonathan is a Palestinian Christian, who is past chair of the Bethlehem Bible College serves on the board of the Sabeel Ecumenical Theology Center in Jerusalem and is a leader in the establishment of Christ at the Checkpoint conference. Jonathan was part of the 1994 legal team for the Cairo agreement that resulted in the Oslo II Accord.</strong></p>



<p><strong>Jonathan was visiting scholar at Osgoode Law School at York University in Toronto in the Fall of 2017, and is a founding director of Just Peace Advocates/Mouvement pour une Paix Juste, a Canadian based international law human rights not-for-profit.</strong></p>



<p><strong>Jonathan is a resident of East Jerusalem, and is a partner of Kuttab, Khoury and Hanna Law Firm in East Jerusalem.</strong></p>



<p><strong>“Kuttab supports a solution that would bring Israelis and Palestinians together as equal citizens, and a state government would meet the needs of both those who want a Jewish state and a place of safety and security, as well as the Palestinian Arabs who want a place where they can live in security and dignity.” </strong> <strong><a href="https://themennonite.org/feature/jonathan-kuttab-peacemaking-way-life/">https://themennonite.org/feature/jonathan-kuttab-peacemaking-way-life/</a></strong></p>



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