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agnes callamard
Amnesty Condemns Israel's 'Mass Incommunicado Detention and Torture' of Palestinians
The head of the human rights group said Israel's Unlawful Combatants Law is enabling "rampant torture" of Palestinian detainees and "institutionalizes enforced disappearance."
Jul 18, 2024
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."
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."
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."
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'Crucial' UN Report on Gaza Genocide Must Spur Global Action, Says Amnesty
U.N. member states must "use their influence" to push Israel to halt its bombardment of Gaza and blocking of humanitarian aid, said the group's secretary general.
Mar 26, 2024
"The time to act to prevent genocide is now," Amnesty International's secretary general said Tuesday, a day after the United Nations Human Rights Council released a draft report detailing how the panel found that there are "reasonable grounds to believe" that Israel is already committing genocidal violence in Gaza.
Amnesty's Agnes Callamard called the 25-page report a "crucial body of work that must serve as a vital call to action to states," many of which have called for a cease-fire in Gaza for several months.
After the U.N. report found that "the overwhelming nature and scale of Israel's assault on Gaza... reveal an intent to physically destroy Palestinians as a group," Callamard said "states must now focus their efforts on making these calls a reality."
"Third states must apply political pressure on the warring parties to implement the U.N. Security Council resolution adopted yesterday demanding an immediate cease-fire, use their influence to insist that Israel abides by the resolution, including by stopping the shelling and lifting restrictions on humanitarian aid," said Callamard. "They must impose a comprehensive arms embargo against all parties to the conflict. They must also pressure Hamas and other armed groups to free all civilian hostages."
The U.N. report was released the same day that the U.N Security Council adopted a resolution demanding an immediate, temporary cease-fire for the remainder of the month of Ramadan—the first cease-fire resolution to pass at the council following three that failed due to the U.S. vetoing the measures.
The U.S., which gives Israel $3.8 billion in annual military aid and has continued to provide support throughout the bombardment, abstained from voting on Monday's resolution and infuriated human rights experts by baselessly claiming the vote was "nonbinding."
The U.N. report, titled Anatomy of a Genocide, detailed actions Israel has taken since beginning its bombardment of Gaza in October that could violate Article II of the Genocide Convention, including killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting conditions of life calculated to bring about its physical destruction, and imposing measures intended to prevent births.
Along with killing at least 32,414 Palestinians in Gaza—73% of whom have been women and children, and the remaining 27% were not proven to have been Hamas members—Israel has also imposed mass starvation on the population, killing "10 children daily," according to the report. Israel has detained thousands of Palestinian men and boys in undisclosed locations; injured 70,000 people; forced medical personnel to perform "hazardous health procedures, such as amputations without anesthetics, including on children"; and "destroyed or severely damaged most life-sustaining infrastructure."
Callamard noted on Tuesday that the report came two months after the International Court of Justice (ICJ) announced an interim ruling that Israel is "plausibly" committing a genocide in Gaza and ordered the country to take action to prevent genocidal violence by its forces.
"In that time, the situation in Gaza has grown exponentially worse, with thousands more Palestinians killed and Israel continuing to refuse to comply with the ICJ ruling to ensure provision of sufficient humanitarian aid to Palestinians as human-made famine edges closer each day and more people starve to death," said Callamard.
The secretary general echoed a call in the report, which was compiled by Francesca Albanese, special rapporteur on human rights in the occupied Palestinian territories, for the full funding of the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).
Israel said Sunday it will no longer permit UNRWA aid trucks to deliver humanitarian relief in northern Gaza, where one-third of children under age 2 are now suffering from acute malnutrition. The U.S. officially suspended UNRWA funding through March 2025 on Monday after President Joe Biden signed a new spending package into law.
The U.S. led several countries in cutting funding to the agency in January after Israel claimed 12 of UNRWA's 13,000 employees in Gaza had been involved in the Hamas-led attack on southern Israel in October. Countries including Finland, Canada, and Australia have since reinstated funding.
Callamard also called on all states, particularly powerful Western countries that are allied with Israel, including the U.S., to support international authorities as they try to hold Israeli officials to account for the mass killing and starving of civilians in Gaza. Israel has refused to allow U.N. experts and other independent human rights monitors access to Gaza.
"Helping to prevent genocide also means supporting accountability efforts including the ongoing investigation by the Office of the Prosecutor of the International Criminal Court and exercising universal jurisdiction to bring those suspected of crimes under international law to justice," said Callamard.
The secretary general noted that momentum has grown in recent days around international calls for a cease-fire, but said a desperately needed halt in fighting requires a concerted push by influential states to become a reality.
"An enduring cease-fire," said Callamard, "remains the best way to enforce the ICJ's provisional measures to prevent genocide and further crimes and civilian suffering."
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South Africa's Genocide Presentation Against Israel Called 'Overwhelming and Devastating'
"Whatever the outcome, we are witnessing an amazing moment of rule of international law history," said Amnesty International secretary general Agnès Callamard.
Jan 11, 2024
Human rights defenders and legal experts on Thursday lauded what many called South Africa's "compelling" opening presentation at the International Court of Justice in The Hague in a case accusing Israel of genocide against Palestinians in the embattled Gaza Strip.
In a bid to obtain an ICJ emergency order for the suspension of Israel's relentless 97-day assault on Gaza, South African jurists including Justice Minister Ronald Lamola argued that Israel is violating four articles of the Convention on the Prevention and Punishment of the Crime of Genocide, commonly called the Genocide Convention. The landmark 1948 treaty—enacted, ironically, the same year as the modern state of Israel was born, largely through the ethnic cleansing of Palestine's Arabs—defines genocide as acts intended "to destroy, in whole or in part, a national, ethnical, racial, or religious group."
South African lawyers detailed Israel's conduct in the war, including the killing and wounding of more than 80,000 Palestinians, mostly women and children, forcibly displacing over 85% of the besieged enclave's 2.3 million people, and inflicting conditions leading to widespread starvation and disease. They also cited at length statements by Israeli officials calling for the destruction and even nuclear annihilation of Gaza in their presentations, which eschewed graphic imagery in favor of arguing "clear legal rights."
"In its opening argument thus far, South Africa has made a compelling case showing how the genocidal statements by [Israeli Prime Minister Benjamin] Netanyahu and other senior officials were interpreted as official orders by Israeli forces in their attacks against Gaza," U.S. investigative journalist Jeremy Scahill said on social media.
"Beyond the citations of the vast civilian deaths and injuries caused by Israel in Gaza, [South Africa's] lawyers argued effectively that Israel's 'evacuation' orders were in and of themselves genocidal, demanding the immediate flight of a million people, including patients in hospitals," Scahill continued.
"What becomes crystal clear listening to the openly genocidal words of Netanyahu and other Israeli officials is that they know exactly what they are saying," he added. "And they are comfortable saying these things publicly because they know the U.S. will shield them from accountability."
Left-wing author and activist and former South African parliamentarian Andrew Feinstein said that "South Africa's presentation to the ICJ thus far has been exceptional, overwhelming, and devastating," opining that "the only way the ICJ doesn't impose interim measures is if the judges are open to pressure from 'the West.'"
"South Africa's lawyers have done the nonracial, post-apartheid country proud," he added.
Legal scholar Nimer Sultany, a Palestinian citizen of Israel, called South Africa's presentation "compellingly argued and powerfully presented."
"Given the court's case law, and given the lower threshold required for issuing provisional measures, it will be very surprising if the court does not issue provisional measures against Israel," Sultany asserted.
"This also should prompt reflection amongst all those governments and media outlets who supported [Israel's war,] because they have been supporting a genocide," he added.
Sultany and numerous other observers said the most powerful presentation of the day was made by Irish lawyer and case adviser Blinne Ní Ghrálaigh, who delivered South Africa's closing statement.
Israel—some of whose officials have condemned South Africa's case as a meritless "blood libel"—is scheduled to present its defense on Friday. Israeli jurists are expected to focus heavily on the atrocities committed by Hamas-led attackers who killed more than 1,100 Israelis and took around 240 others hostage on October 7. They will likely argue that the country has a right to defend itself, and that it is seeking to eliminate Hamas, not the Palestinian people.
While an emergency order from the World Court would not be enforceable, it would represent a major international embarrassment for Israel, which is increasingly isolated on the world stage. A growing number of nations including Brazil, Pakistan, Turkey, Malaysia, Venezuela, Colombia, Saudi Arabia, Bolivia, Jordan, and Bangladesh are supporting South Africa's case, as are the Arab League, more than 1,250 international human rights and civil society group, and progressive U.S. Congresswomen Rashida Tlaib (D-Mich.) and Cori Bush (D-Mo.).
"Whatever the outcome, we are witnessing an amazing moment of rule of international law history," said Amnesty International secretary general Agnès Callamard.
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