Members of the Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights concluded their visit to Israel and the occupied Palestinian Territories today. The Panel, an independent group of eight jurists appointed by the International Commission of Jurists (ICJ), is conducting a global inquiry on the impact of terrorism and counter-terrorism measures on the rule of law, human rights and humanitarian law. It was the sixteenth and final visit of the Panel, which will issue its global report in 2008. The visit was facilitated by the Association for the Civil Rights in Israel (ACRI), the Palestinian Centre for Human Rights (PCHR) and Al Haq. The panel members wish to express their sincere gratitude for their generous support. Professors Vitit Muntarbhorn and Robert Goldman represented the Panel at the visit to Israel and the occupied Palestinian Territories. They met with leading lawyers, judges, prosecutors, academics, human rights organizations and civil society representatives in Jerusalem, Gaza and Ramallah. They also held meetings with senior governmental officials. In Israel, they met with the Deputy Attorney General, senior representatives of the Israeli Defence Forces (IDF), of the Ministry of Justice and the Ministry of Foreign Affairs. They also met with the Chief Justice of the Supreme Court of Israel and the Chairman of the Knesset Committee on Constitutional Affairs. In the occupied Palestinian Territories, the panel met with President Mahmoud Abbas and other authorities. The members of the panel wish to express their gratitude to all those who appeared before it for their cooperation and wish to thank the authorities, Israeli and Palestinian, for their support and cooperation and frank and open discussions. Issues raised during the visit: The panel was told in its meeting with governmental officials that Israel faces very serious and long-standing security threats and that its measures taken in response thereto are justified and strictly necessary. These officials stressed Israel’s strong democratic tradition with a system of domestic checks and balances. They also informed the panel that the construction of the wall serves security purposes and has resulted in a reduction of terrorist incidents in Israel. The panel was also told that the policy of targeted killings is necessary, as ordinary arrests may not always present a feasible alternative in an armed conflict. In contrast, many of the participants at the hearings expressed concerns that many measures taken by Israel in response to security threats violate international human rights and humanitarian law. Among the most important concerns raised by those who testified were:
The panel members heard also a number of concerns regarding the Palestinian authorities expressed by various interlocutors. For example:
Preliminary observation The panel members are aware that issues pertaining to terrorism and counter-terrorism predate the events of September 11, 2001. They are also mindful of the complexity of the situation, including Israel’s legitimate security concerns, and the effects of prolonged occupation over a period of more than forty years. The members of the panel wish to emphasise that respect for the rule of law, international humanitarian law and human rights law are key elements for any successful strategy to address this long-standing situation and for the prevention of violence, including terrorist acts. In this regard the panel members note that in addition to international humanitarian law (laws of war), human rights law also applies to Israel and the occupied Territories, and is especially relevant in a situation of prolonged occupation. The panel also notes that under international law states have the right and duty to protect those subject to its jurisdiction from terrorist acts. In this regard, the panel underlines the principle that the targeting of civilians not directly participating in hostilities is never permissible under any international law. All actions taken to quell terrorist violence must be in accordance with the rule of law. In this regard the panel is concerned about possible proposals to curtail the jurisdiction of the Supreme Court of Israel in response to its decisions relating to terrorism. Experience has shown that oversight by an independent civilian judiciary is a key to any accountable counter-terrorism policy. The panel welcomes in this regard the non-extension of the emergency decrees by the Palestinian authorities, which had transferred jurisdiction from civil to military courts, and the report that no civilian was tried before military courts during the emergency. The members of the panel were deeply concerned at the severe impact of the closure of Gaza on the exercise of the most basic rights of its residents. Moreover, the members of the panel, who also personally visited parts of the separation wall, were struck by its extraordinarily negative impact on the every day lives of the inhabitants in the occupied Palestinian Territories. This is further compounded by a disruptive system of check points, permits and other restrictions. The panel underlines the need to avoid measures which could lead to an exacerbation of tensions, alienation and violence. Background The Panel is composed of eight judges, lawyers and academics from all regions of the world. It exercises its mandate independently, with the logistical support of the ICJ Secretariat and its network of organizations. Arthur Chaskalson, former Chief Justice and first President of the Constitutional Court of South Africa, chairs the Panel. The other members are Vitit Muntarbhorn (Thailand), Professor of Law at Chulalongkorn University in Bangkok and UN expert on human rights in North Korea; Hina Jilani (Pakistan), a lawyer before the Supreme Court of Pakistan and the UN Secretary General’s Special Representative on Human Rights Defenders; Mary Robinson, now Head of the Ethical Globalization Initiative, and former UN High Commissioner for Human Rights and former President of Ireland; Stefan Trechsel (Switzerland), former President of the European Commission on Human Rights, and judge at the International Criminal Tribunal for the former Yugoslavia; Georges Abi-Saab (Egypt), former Judge at the International Criminal Tribunals for the former Yugoslavia and for Rwanda; Robert K. Goldman (United States), Professor of Law at American University’s Washington College of Law, a former President of the Inter-American Commission on Human Rights and former UN expert on counter-terrorism and human rights; and Justice E. Raúl Zaffaroni (Argentina), a judge at the Supreme Court of Argentina. The Panel has held hearings in Australia, Colombia, East Africa (Kenya, Tanzania and Uganda), the United Kingdom (in London on current counter-terrorism policies and in Belfast on lessons from the past), North Africa (Algeria, Morocco and Tunisia), the United States, the Southern Cone (Argentina, Brazil, Chile, Paraguay and Uruguay), South-East Asia (Indonesia, Malaysia, the Philippines and Thailand) and the Russian Federation, South Asia (Bangladesh, Nepal, Maldives, Sri Lanka and India), Pakistan, Canada, the Middle East (Egypt, Syria, Jordan and Yemen) and the European Union. The final report of the Panel is expected to be published towards spring 2008. For further information on the visit to Israel and the Occupied Palestinian Territories please contact Gerald Staberock, staberock@icj.org (0041 22 9793800 or 0041 793775446) or Jumana Abo-Oxa, abo-oxa@icj.org (Hebrew and Arabic) at +41 229793826.
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