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Israel had previously designated Hamas under the Counter-terrorism Law but what has it done about it?

T. Belman.  This is a legal brief submitted by the Pro-Palestinian Adalah who represents them legally. I am trying to find out what are the consequences from being so designated.

Israel’s 2016 Counter-Terrorism Law and 1945 Emergency Regulations Regarding the Outlawing of Six Palestinian Human Rights and Civil Society Groups
23 November 2021

Israel deploys various legal measures in order to criminalize the activity of Palestinian human rights and civil society organizations, stop their operations, seize their assets, and levy penalties against their directors, staff, and supporters. One such measure is the 2016 Counter-Terrorism Law1 – also referred to as the Anti-Terror Law – which, inter alia, authorizes Israel’s Minister of Defense to designate organizations as “terrorist organizations”, even if they are engaged in lawful activities using legal means. In addition to the Counter-Terrorism Law, the 1945 Defense (Emergency) Regulations – introduced by the authorities of the British Mandate for Palestine –
empowers a military commander to declare an organization as an “unlawful association”.

Recently, the Israeli Government and military have used these measures against six leading Palestinian human rights organizations. On October 19, 2021, Israel’s Defense Minister Benny Gantz designated Addameer Prisoner Support and Human Rights Association, Al-Haq, the Bisan Center for Research and Development, Defense for Children International – Palestine (DCI-P), the Union of Agricultural Work Committees (UAWC), and the Union of Palestinian Women’s Committees (UPWC), as “terrorist organizations”, pursuant to his authority under the Counter-Terrorism Law.2 In addition to the designations as “terrorist organizations”, on November 3, 2021, the Israeli military’s Commanding Officer of the Central Command, Maj. Gen. Yehuda Fuchs, in charge of the military regime in the West Bank, declared five of these organizations as “unlawful associations”, pursuant to his authority under the Emergency Regulations. The UAWC had been declared an “unlawful association” previously. These six organizations join a long and growing list of Palestinian groups outlawed by the Israeli Government and/or its military regime, including, among others, the Palestinian Health Work Committees (HWC) and the Northern Branch of the Islamic Movement.

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Clarifying the Record on Israel’s Recent Terror Designations: A Response to Lieblich and Shinar

By Anne Herzberg, NGO MONITOR  October 26, 2021

On October 22, 2021, the Israeli Ministry of Defense (MoD) designated six Palestinian NGOs as terrorist organizations on the basis of allegations that they were operated by and for the benefit of the Popular Front for the Liberation of Palestine (PFLP): Defense for Children International-Palestine (DCI-P), Union of Agricultural Work Committees, Al-Haq, Addameer, Union of Palestinian Women’s Committees (UPWC), and Bisan. A seventh alleged PFLP-linked organization – Health Workers Committee (HWC) – was designated in January 2020.The move was immediately condemned by many international NGOs and legal academics.  Much of the commentary however omitted material facts relating to the case, and instead presented a narrative of Israel persecuting innocent Palestinian NGOs and human rights defenders for their work. On October 24, Eliav Lieblich and Adam Shinar published such a post on Just Security titled “Counterterrorism Off the Rails: Israel’s Declaration of Palestinian Human Rights Groups as ‘Terrorist’ Organizations.” The piece critiques Israel’s 2016 Counterterror law and claims to provide political context to the NGO designations, leading the authors to conclude that they must be “firmly reject[ed]” by the international community including the United States. However, the article downplays or ignores several facts that are not only necessary to consider in order to evaluate the specific case at issue fully, but also when examining the merits of the Israeli legislation more broadly.
CONTINUE

Israel/Palestine: UN experts call on governments to resume funding for six Palestinian CSOs designated by Israel as ‘terrorist organisations’

25 April 2022

GENEVA (25 April 2022) – UN human rights experts* today called on the international community to take immediate and effective steps to protect and sustain the six Palestinian civil society groups that were designated as ‘terrorist organisations’ by the Government of Israel in October 2021.

“Israel’s disturbing designation of these organisations as ‘terrorist organisations’ has not been accompanied by any public concrete and credible evidence,” said the human rights experts. “We note that the information presented by Israel has also failed to convince a number of governments and international organisations that have traditionally provided funding for the indispensable work of these six organisations.”

In October 2021, the UN experts denounced Israel’s designation of six Palestinian civil society organisations – Addameer Prisoner Support and Human Rights Association, Al-Haq, Bisan Center for Research and Development, Defense for Children International – Palestine, the Union of Agricultural Work Committees and the Union of Palestinian Women Committees – as terrorist organizations. Israel’s designation enables it to close the organisations, seize their assets, end their work and charge their leadership and staff with terrorist offences.

“Israel has had six months to substantiate its accusations and it has failed to deliver,” the experts said. “We call on the funding governments and international organisations to swiftly conclude that Israel has not established its allegations and to announce that they will continue to financially and politically support these organisations and the communities and groups they serve.”

Although Israel has not substantiated its allegations publicly or to the funding governments and international organizations, several of the funders have delayed their contributions to the Palestinian organisations while they investigate these claims. The European Union has formally suspended its funding for two of these organisations. This has undermined the work of these Palestinian organisations and has had an incalculable impact on the communities they support. There has been a lack of clarity about the duration of these steps, the experts said.

“We are deeply disturbed by Israel’s apparent misuse of anti-terrorism legislation to attack some of the leading civil society organisations in Palestine. Such misuse must be rejected and countered,” the experts said.

“The United Nations has been very clear that the drafting and application of anti-terrorism laws have to be rigorously consistent with international law and human rights protections, including the principles of legal certainty, necessity, proportionality, the rule of law and non-discrimination.”

Against this background, the experts welcomed the statement issued on 23 March 2022 by the Belgium Minister of Development Cooperation, Meryame Kitir, who stated that: “My administration has conducted an internal investigation into the allegations. This did not reveal any evidence that would confirm the allegations. I have therefore decided not to take any action against the Palestinian organizations in question. Nor is the evidence provided by the Israeli authorities such as to reconsider my decision.”

The human rights experts emphasised that they recognise and applaud the indispensable work of Palestinian civil society in holding Israel accountable for its occupation and human rights violations and in promoting democratic principles and human rights within Palestinian society.

“Applying anti-terrorism laws to well-regarded human rights defenders and civil society organisations – without persuasive evidence to substantiate these claims – seems to indicate a politically-motivated attempt by Israel to silence some of its most effective critics in violation of their rights to freedom of association and of expression,” they said.

“If the international community is serious about its support for Palestinian self-determination and an end to the 55-year-old Israeli occupation, it must become more vocal and assertive in defending the work of these organisations, and reminding Israel of its international human rights obligations.”

Accordingly, the human rights experts called upon the international community to:

  • Publicly conclude that Israel has not substantiated its allegations against the six organisations;
  • Resume, continue and even increase its financial and political support for the work of these six organisations; and
  • Demand that Israel retract the designations and cease its harassment of all Palestinian, Israeli and international human rights and civil society organisations which promote human rights and accountability in Israel and Palestine.

ENDS

Michael Lynk, Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967; Mary LawlorSpecial Rapporteur on the situation of human rights defendersFionnuala Ní AoláinSpecial Rapporteur on the promotion and protection of human rights while countering terrorism; Irene KhanSpecial Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Melissa Upreti (Chair), Dorothy Estrada Tanck (Vice-Chair), Elizabeth BroderickIvana Rada?i?, and Meskerem Geset Techane, Working Group on discrimination against women and girlsReem AlsalemSpecial Rapporteur on violence against women, its causes and consequences; Clément N. Voule, Special Rapporteur on the right to peaceful assembly and association; and Siobhán MullallySpecial Rapporteur on trafficking in persons, especially women and children.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

May 31, 2022 | Comments »

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    Ted Belman
    tbelman3- at- gmail.com
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