Israel-Palestine
Israel relents on hunger striker Khader Adnan
But policy of detaining hundreds of Palestinians for years without charges remains in effect.
Khader Adnan Khader Adnan may live to see his 34th birthday after all. He has been on hunger strike for 66 days to protest against his “administrative detention,” which allows the Israeli military to detain Palestinians without charge, indefinitely, on the basis of evidence the detainees are not allowed to see. Today, in the face of mounting pressure, Israel reportedly promised to release him in April if it could not discover any new evidence against him. His lawyer said that Adnan will end his strike.
Israeli, Palestinian and international rights groups have long said that Israel’s administrative detention practices are unlawful, but Adnan – whose hunger strike was the longest of any Palestinian prisoner –gained particular attention. Palestinian prisoners in Israeli jails and members of Palestinian political factions had gone on solidarity hunger strikes, and demonstrators in the West Bank, Gaza and in Tel Aviv called for Israel to end arbitrary administrative detentions. Security forces dispersed protests outside the Ofer military jail in the West Bank with rubber bullets and tear gas.
Minutes before the Supreme Court was scheduled to hear Adnan’s emergency appeal, according to a statement by his lawyer, Israel agreed to release him on April 17 unless it found new evidence of wrongdoing. Israeli authorities should immediately respect the fundamental due process rights of all administrative detainees, not just Adnan.
Today, more than 300 Palestinians are in administrative detention, some for four years or more, none of them charged with any crime. Israel says the Geneva Conventions allow it to detain Palestinians without charge for “imperative reasons of security,” but the convention’s official commentary states that “such measures can only be ordered for real and imperative reasons of security; their exceptional character must be preserved.” In Israel’s case, the exception has become the rule.
Israel said that Adnan, for instance, is a member of Islamic Jihad, a banned Palestinian group whose armed wing has conducted deadly, illegal attacks against Israeli civilians, but no one told him or his family why armed soldiers arrested him at his home at 3:30 a.m. on December 17. “We have no idea why it happened,” his wife said. Israel had arrested Adnan eight times over the years, but the only known “evidence” against him this time, his lawyer said, was that an interrogator accused him of participating in a graduation ceremony at a kindergarten supported by the banned group.
As of last week, Adnan’s wife estimated that he had lost a third of his body weight, and doctors said that even if he ended his hunger strike, his life could still be in doubt. The Israel Prisons Service transferred Adnan to a series of hospitals, but refused to allow him to meet in private with his doctor, lawyer or his family. His sister said that prison guards were stationed in Adnan’s hospital room and had been drinking juice and snacking in front of him, and had shackled him to his hospital bed.
Israel’s Supreme Court has ruled that the military may not use administrative detention as punishment but only as a preventive measure against suspected security threats. Yet in practice it is impossible to determine whether that rule is followed. Because the military does not indict them for any particular offense, detainees are unable to defend themselves against specific charges. The standard of evidence is also lower than in a criminal proceeding – not proof “beyond a reasonable doubt,” but merely “reasonable grounds to assume” that the detainee might pose a security risk. That malleable standard allows the military to detain Palestinians for indefinitely-renewable periods of up to six months, without any meaningful way to know whether genuine security threats are involved.
Further, Israeli military laws allow military judges to consider evidence against the detainee without allowing him or his attorney to see it, or even disclosing to them that it exists. Military prosecutors often justify the use of secret evidence on the basis that it comes from Palestinian collaborators whose lives could be endangered if the evidence were disclosed. Yet in practice, military courts do not even entertain alternatives that would give the semblance of balancing such concerns against due process rights, such as by redaction or partial disclosure of the confidential evidence.
According to the Israeli rights group Yesh Din, which has monitored hundreds of military court trials, “In practice, in most hearings on administrative detention the detainee is not aware of the content of the evidence against him, if any, and cannot defend himself.”
Administrative detention violates Israel’s human rights obligations to inform detainees promptly of the reasons for their arrest and of any charges against them. Israel, which seems to have partly recognized its due process obligations in Adnan’s case, should end the procedure immediately.
Bill Van Esveld is a senior Middle East researcher at Human Rights Watch, based in Jerusalem. More Bill Van Esveld.
Smugglers’ tunnels are Hamas’ lifeblood
The subterranean politics of war and peace in Gaza
A Palestinian sits in a smuggling tunnel beneath the Egyptian-Gaza border in Rafah.(Credit: Reuters//Ibraheem Abu Mustafa) RAFAH, Gaza Strip — The first things you notice are the trucks, entering Rafah’s dusty main thoroughfare from small side streets, flatbeds fully loaded and covered. Then there are the young boys packed three to a motorbike, darting heedlessly in between the rumbling behemoths, clutching shovels. As you get closer, you see the enormous mounds of earth and rubble, some 10 feet high and more, set amid acres of makeshift canopies, tents and metal garages, which serve as loading docks for Rafah’s booming tunnel trade.
Continue Reading CloseMatt Duss, policy analyst at the Center for American Progress Action Fund, is a regular contributor to Salon. Follow him @mattduss More Matt Duss.
Unhappy Valentine’s Day in Israel
A racist Israeli law divides married Palestinian couples; Jewish couples are exempt VIDEO
Taiseer Khatib and his wife, Lana This Valentine’s Day, I live in fear of being separated from my wife by the force of the Israeli state and the whim of bureaucrats enforcing a discriminatory law that can separate Palestinian citizens of Israel from Palestinian spouses from the occupied West Bank. This fear will hang over us for years if the “Citizenship and Entry Into Israel Law” is not revoked as the state can use this law to separate me from my family.
Continue Reading CloseTaiseer Khatib is a Ph.D student in Anthropology at the University of Haifa and a teacher at Western Galilee College in northern Israel, Taiseer's story is part of a series called 'Love Under Apartheid' and available at www.loveunderapartheid.com. More Taiseer Khatib.
What the Adelsons will want for their money
The $10 million in pro-Newt money that transformed the GOP primary appears to be all about US policy toward Israel VIDEO
Sheldon Adelson and his wife Miriam Ochsorn Adelson (Credit: AP/Vincent Yu) Casino magnate Sheldon Adelson and his wife Miriam have transformed the Republican primary by pumping $10 million into a pro-Newt Gingrich super PAC, thereby enabling his surge against Mitt Romney. So it’s surprising that comments Gingrich made last week about what the Adelsons expect in exchange for their money haven’t gotten more attention.
Ted Koppel asked Gingrich the key question: what do the Adelsons get if you win?
Gingrich, in response, suggested it all comes down to U.S. policy toward Israel.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Zbig: Israelis “bought influence” and outmaneuvered Obama
The president "should have stuck to his guns" on Mideast peace, says Zbigniew Brzezinski, former NSC advisor
The unorthodox Zbigniew Brzezinski (Credit: AP) Zbigniew Brzezinski’s new book, “Strategic Vision,” imagines a world without American power. He envisions profound instability, faltering international cooperation and weak states falling prey to their more dominant neighbors. Describing the dystopia that would emerge if America goes under is a trick British historian Niall Ferguson pioneered. Unlike the jingoistic Ferguson, however, Brzezinski is able to envision China replacing America as the stabilizing force in world affairs. “I don’t think liberal states are more restrained or stabilizing,” he says. “The United States’ actions in the last 20 years, especially with the war in Iraq, do not give reassurance on that score.”
Continue Reading CloseJordan Michael Smith writes about U.S. foreign policy for Salon. He has written for the New York Times, Boston Globe and Washington Post. More Jordan Michael Smith.
A win for progressives on Israel
Hardline activists sought to unseat Rep. Donna Edwards over her Mideast views, but failed to raise enough money
Rep. Donna Edwards and Glenn Ivey (Credit: Edward Kimmel / Center for American Progress / CC BY 3.0) Rep. Donna Edwards, a Maryland Democrat who is associated with J Street, which argues for a more progressive U.S. policy on the Israel-Palestine conflict, has staved off a challenge from a fellow Democrat who sought to raise money by running to her right on Mideast issues.
This week, Glenn Ivey, the former Prince George’s County state’s attorney, announced he was abandoning plans to challenge Edwards, citing his inability to raise money.
“[I]t would take a very substantial amount of money to get my message out to voters in two very expensive media markets,” Ivey said in a statement. “A tough economy and a compressed election time-frame have made it tough for my campaign to raise enough funds to move forward.”
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
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