Report on the Second International Symposium for Justice in Palestine

The Second International Symposium for Justice in Palestine entitled: “Crimes and the Lack of Accountability in Palestine.”  was concluded in Geneva on Monday evening, March 4, 2024.

Opened with a speech by the Palestinian-American lawyer Lamis Al-Deek from New York, in which she spoke about the establishment of the “Global Legal Alliance for Palestine” following the holding of the first international Symposium on December 14, 2013, and the activities and events carried out by the Alliance, which includes an elite group of jurists, HR defenders and lawyers. From the Americas, Africa, Europe and the Eastern Mediterranean.

In the first part of the Symposium, the participants discussed the topic of searching for new means of administering justice. The forum addressed two main topics, the first of which was the search for new means to administer justice. The first speaker was the Palestinian lawyer Khaled Al-Shouli, who gave a summary of the efforts of the team of lawyers who have been following the Palestinian file before the International Criminal Court for 15 years, and the recent movement of the “One Justice” team and lawyer Gilles Devers. Supported by approximately 300 lawyers and non-governmental organizations. In his speech, Al-Shouli announced the organization of a training course for lawyers to work professionally in organizing victims’ lawsuits before international courts. The lawyer stressed the need to get rid of spontaneity and confront the public prosecutor with files and cases that he cannot evade or procrastinate. Al-Shouli’s speech was followed by the intervention of Tunisian lawyer Najet Hadriche, who reviewed the obstacles that hindered and delayed the Palestinian file’s prominence in the interests of the current Public Prosecutor, Karim Ahmed Khan, and the necessity of working to discuss the activation of Article 46 of the Rome Statute, which allows for his removal in the event of a breach of his duties. The lawyer in international law addressed the issue of the shortcomings in the laws of Arab countries with everything related to universal criminal jurisdiction on the one hand, and the movement before the International Court of Justice. She praised the country of South Africa and what it is doing. She spoke about the necessity of forming working groups to monitor the performance of international courts and another to move before the European Court of Human Rights, especially in cases of extrajudicial killing, inhuman treatment and torture, which include any person who committed the crime from any country.

Judge Ashraf Nasrallah’s intervention from Gaza was influential and powerful, as he witnessed the destruction and demolition of his home and his neighbors and saw with his own eyes the bodies of children and women before leaving the Gaza Strip. He spoke at length about the Palestinian prisoners in the Israeli occupation prisons since October 7, presenting a comprehensive picture of the kidnapping that civilians were subjected to. And attacks and loss of any means of communicating with them, reviewing many statistics and information obtained from eye testimonies. An essential part of the information he provided in his intervention is presented in the second section of this report.

A person who committed the crime from any country.

Mubarak Al-Mutawa, Lawyer and Vice President of the International Union of Jurists, spoke in more than one intervention about the necessity of giving the issue of the crime of apartheid, which is considered a crime against humanity in international criminal law, a greater space in the reports, studies and lawsuits of human rights activists, especially since the apartheid system established by successive occupation governments is the first system to be implemented. Covering it up and avoiding talking about it in all Western governmental circles. While we see in many of the laws approved by the Knesset, that is more horrific than the model of the defunct racist regime in South Africa.

For his part, Dr. Anwar Al-Gharbi, Director of the Geneva Center for Democracy and Human Rights, stressed the necessity of coming together and coordinating between the various efforts being made at all national, regional and international levels because synergies, solidarity and cooperation in this harsh time requires activists to rise to the level of collective responsibility to confront brutality and Barbary.

In his intervention from Australia, Dr. Younes Kanhoush said: “Whoever wants and whoever refuses, and despite all our pain, Palestinian blood has baptized the beginning of a new era, and it is the duty of all free people in the world to mobilize and resist, in order to reform the United Nations and struggle against the dictatorship of veto and Americans hegemony in politics, money and weapons.

As for the human rights militant and President of SIHR/FHM, Dr. Haytham Manna, he devoted his intervention to answering necessary questions that entail the establishment of a Global tribunal on Palestine, which are: Why, how, where and when? He said that holding such a trial next to the United Nations headquarters in New York would be prevented by authorities that are no longer ashamed to throw away the power of the veto in the face of the demand to stop a genocide that the entire world is watching. Proposing a location adjacent to the United Nations headquarters in Europe. According to his opinion, we are at a stage that reminds us of the British philosopher Bertrand Russell, when he established a court of conscience to try American war criminals during the Vietnam War. It is our duty not only to bring to justice the direct criminals, but also those who send them all the means of killing and destruction that enable them to commit mass massacres against the Palestinian people. An in-depth discussion took place about this proposal, and it was agreed to organize a specialized workshop in March to follow up on it. He announced also a web site www.tribunalswatch.com, an eye on the National, Regional and International tribunals in all Palestinians Affairs.

As for the second part of the Symposium, it was devoted to what the organizers called: “Confronting the Israeli exception,” that is, Western society’s absolute color-blind treatment of the grave violations committed by the Israeli occupation army, considering this entity, as described by Dr. Mohammad Khair Al-Wazir, “above the law and above Accountability, a priori.” Therefore, no one has the right to be held accountable or exposed to serious crimes committed.

Dr. Salah Abdel Ati, President of the International Commission to Support the Rights of the Palestinian People (Hashd), presented an intervention entitled: Kidnapping of civilians, torture, illegal detention, and the conditions of prisoners and detainees in Israeli occupation prisons. Abdel Ati said:

After October 7th, the Israeli occupation authorities and the administration of its prisons began to tighten the noose and take revenge on Palestinian prisoners inside the prisons, despite all the restrictions imposed by the occupation authorities on the prisoners since the new government took office, as the occupation began to suppress the prisoners and torture them. Dozens of injuries were recorded among the ranks of the prisoners who were attacked by the repression units, and the means of persecution varied since that date between thirst and starvation in addition to withdrawing all basic necessities of life and keeping them to a minimum and isolating them from the outside world. Dozens of detainees were also crammed into small rooms that could not accommodate these numbers, and with the onset of winter, torture and persecution operations were concentrated in (Negev) prison, as well as (Jalbou’, Majdou’, and Ofer) prisons. The occupation forces prevented the International Committee of the Red Cross from visiting the prisons, coinciding with the absolute cessation of family visits.

Statistics from Palestinian institutions concerned with prisoners indicate an increase in the number of arbitrary arrests in the West Bank after October 7th, reaching 7,400 cases of detention in occupation prisons. The prison administration isolated dozens of prisoners after suppressing and persecuting them, and since the beginning of the occupation’s aggression against the prisoners, 9 prisoners have been martyred inside the prisons, and the prison administration deliberately did not publish any details indicating the conditions of their martyrdom.

He also spoke about aggressions against women: Crimes and violations against women escalated after October 7th, with an increase in arrests among them. The number of women arrested after October 7th reached (284) cases, and these crimes were not limited to women who were targeted through arrest, but also targeted the wives, mothers, and sisters of the detainees, through threats and severe beatings, some of whom suffered physical injuries, in addition to the psychological effects that affected women as a result. In light of the data recorded by Palestinian institutions, these data reflect the occupation’s intention to target women through torture, persecution, strip searches, forcing them to remove their veils, depriving them of their basic needs, and detaining them in harsh and tragic conditions in prisons and camps. Dozens of women from Gaza who were arrested during the ground invasion of Gaza are being subjected to enforced disappearance by the occupation. The intensity of the crimes committed against women today represents the most prominent and dangerous aspects of this stage, which is an extension of a long history of the occupation’s targeting of women.

About the prisoners of Gaza: Israeli occupation forces have arrested thousands of Palestinians from all categories (women, children, doctors, journalists, workers, and others) and subjected them to inhumane and humiliating detention conditions. The occupation authorities have pursued a policy of revenge, suppression, and enforced disappearance of some of them since October 7th, transferring them to unknown locations and army camps, such as (Sdeh Teiman) camp and army camps in (Be’er Sheva). Until now, the occupation has refused to reveal any information about the prisoners from Gaza and their place of detention, and prevents them from being visited by any parties, including the International Committee of the Red Cross.

After October 7th, the information available to us from institutions concerned with prisoners and detainees indicates that the total number of detainees and prisoners in occupation prisons reached about 9,000 prisoners, including more than 3,290 administrative detainees and 661 classified as (illegal combatants). The total number of arrests among women reached about 215. The number of arrests among children reached more than 400 children. The number of arrests among journalists reached 51 journalists, of whom 36 remain under arrest, and 21 were transferred to administrative detention. The number of administrative detention orders after October 7th exceeded 3,000 new administrative detention orders and renewal and extension orders, including orders against children and women. This number indicates that arrests are retaliatory without charge and without any reason.

Prisoners from the Gaza Strip are divided into three categories: the resistance fighters, civilians who were arrested after October 7th, and the remaining thousands of workers who were arrested from several areas, in addition to civilians who were arrested from the Gaza Strip, recently during the ground invasion, among whom are children and women.

According to the available information on Gaza detainees, there are approximately 4,000 detainees held in unknown locations. Among them are female detainees from Gaza in the “Damoun” prison, as well as detainees in prisons such as “Jalameh,” “Beit Hatikva,” “Ashkelon,” and “Ofer,” as well as camps such as “Anatot” and “Sdeh Teiman.” Additionally, the fascist minister “Ben Gvir” announced, based on an order submitted to the prison administration, the transfer of detainees from Gaza to the “Rekefet” section located under the “Nitzan – Ramla” prison.

According to what has been revealed through the Hebrew media, the occupation authorities also detain hundreds of detainees in the “Sdeh Teiman” camp near Be’er Sheva in the occupied territories and the “Anatot” camp near the occupied city of Jerusalem, which holds several women, children, and dozens of male detainees. It is worth mentioning that these camps are affiliated with the occupation army and are not suitable for detaining prisoners. In this context, the National Security Minister (Ben Gvir) visited one of the prisons where Gaza detainees are held and instructed the prison administration to transfer them to the “Rekefet” prison section located under the “Nitzan – Ramla” prison, which is considered one of the worst and oldest prisons. He said that they do not deserve to see the sun. The prison administration had announced at the end of the year that it was holding 661 detainees from Gaza as unlawful combatants, and this number does not include all the detainees who were arrested from the sector.

In the last session, Palestinian-American lawyer and researcher Hiba Birat from the Alliance presented a study on the sexual violations to which Palestinian female prisoners are exposed in the occupation prisons. She began her intervention by referring to the UN report issued by experts at the Human Rights Council on the nineteenth of last February, and then moved on to detailing the legal framework regulating these violations under international humanitarian law and international criminal law, using relevant legal texts and judicial precedents, especially those that have been subjected to crimes. Previous genocide. Then she moved on to review the international positions on these violations and their effectiveness. She proposed with details what to do to the seminars:

1. Call for the HRC to form an investigation mission: The special Rapporteur who issued this warning fall under the umbrella of the “Special Procedures” of the United Nations Human Rights Council, which includes independent experts who contribute to the investigation and follow-up procedures falling under the Council’s tasks. The latter appoints them either according to the geographical distribution of countries or according to substantive issues. It is worth noting that these Experts are not considered official employees of the United Nations and do not receive financial compensation for their work. Rather, they are independent volunteers and work in their personal capacities. Despite this, the serious allegations included in the statement they launched pave the way for the formation of investigation and fact-finding committees affiliated with the Human Rights Council, which are responsible for collecting and verifying information and interviewing victims and witnesses before submitting their reports to UN institutions so that resolutions or recommendations can be taken regarding them. These reports also gain special importance as international courts rely on their content during investigations and trial procedures, as the International Court of Justice and the International Criminal Court usually do, because of the legal value of these reports and confidence in their objectivity and impartiality. Such call can be made by partnering with organizations that have credentials at the ECOSCO to present an oral or written statement on the issue and present at one or more of the sessions of the council which regularly take place during February, June and September of every year.
2. Call for the UN Independent Commission of Inquiry on the Palestinian territories that was formed in 2021 to take action: the commission has not carried out its work until now in the Gaza Strip, as Israel refuses to cooperate with UN bodies.
3. Call on UN envoys and special Rapporteurs concerned with substantive issues, such as extrajudicial killings, sexual violence, torture and other forms of cruel, inhuman and degrading treatment, to carry out their work and immediately and directly investigate ongoing Israeli violations and submit reports on them in order to pave the way for the formation of effective investigation committees whose reports will function as a basis for judicial moves for accountability in international courts.
4. Call on Karim Khan to open a criminal investigation into alleged sexual assaults against Palestinian women since October 7 in preparation for the ICC to prosecute them as war crimes, crimes against humanity and the crime of genocide.
5. Contact the South Africa legal team to add sexual violence to their case before the ICJ as rape and other forms of sexual violence cause both physical and mental harm and are able to bring destruction to the group more than collective killings which make them qualify as elements of the crime of genocide.
6. Call on the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW), which is a committee of United Nations experts that monitors and follows up on countries’ implementation of their obligations under the CEDAW Agreement and was formed under Article 17 of the convention. This committee has the authority to request state parties, including Israel, to report on their implementation of the convention. The committee, in turn, issues an annual report on states’ compliance with the provisions of the convention and submits it to the General Assembly through its Social and Economic Council. The committee also presents its recommendations and directives to state parties.
7. Address the UN Working Group on the Issue of Arbitrary Detention (WGAD), affiliated with the Human Rights Council, which specializes in examining complaints related to arbitrary detention and failure to observe the rules of legal protection and fair trial in investigation and detention centers. The group has the authority to investigate, conduct fact-finding visits to relevant countries and receive information from individuals and official and civil institutions. It can also issue recommendations and cooperate with governments to implement relevant international rules of law. The group must submit an annual report to the Human Rights Council in particular.
8. Issue a report on the matter that details facts and legal framework and share it with both national and international feminist organizations, human rights organizations, health organizations and other relevant organizations and ask them to take a stand, issue a statement and address the matter publicly.
9. Conduct awareness raising webinars and training sessions of the matter especially to college students, UN workers, human rights activists, and influencers.

• Create a social media campaign that’s includes educational multimedia materials (live stream, posts, photo and video designs, X threads and others.
• Organize protest stands in front of stream media outlets, demand them to cover the matter rather than focusing on baseless accusations of the resistance on committing sexual crimes on October 7^th. Outline their conspiracy, propaganda and double standards.
• Reach out to BDS to create a list of organizations that support and finance Israeli military prisons and system and call on boycotting them for their complicity in sexual violence against Palestinian women.
• Collaborate with litigation groups to bring lawsuits within national judicial systems under the principal of Universal Jurisdiction; as sexual violence constitutes a grave breach of the Geneva Conventions.

The various interventions were in Arabic and English, and the symposium was organized by: International Union of Jurists (Geneva), One Justice, Geneva Center for Democracy and Human Rights, Scandinavian Institute for Human Rights/Haytham Manna Foundation, IIPJHR, PAL Commission on War Crimes, Justice, Reparations and Restitution.(In coordination with the Global Legal Alliance for Palestine (ALLIANCE).