 New Publications
| A New PCATI Report: Fundamental Shift in the IDF's Combat Doctrine Resulted In Extensive Harm to Civilians in Gaza
PCATI released last week a new report which exposes the shifts in Israel's combat doctrine as evidenced in the prosecution of operation "Cast Lead" and from numerous public oral and written statements made by high ranking military officers and senior Israeli Government officials.
The report, "No Second Thoughts: Changes in the IDF's Combat Doctrine In Light Of Operation ‘Cast Lead'," demonstrates Israel's application of a new combat doctrine during the hostilities in Gaza, which is based on two principles:
1. "Zero Casualties": The complete prioritization of avoiding IDF casualties while disregarding the increased risk to Palestinian civilians. The implementation of this policy is evident in the massive use of fire power, the use of white phosphorous weapons in densely populated areas, and in firing at Palestinians in the streets, with no discrimination between combatants and civilians, this even after the IDF would order the evacuation of residents from civilian homes.
2. "Dahiyah Doctrine:" named after the residential Dahiyah district in Beirut, where the Hezbollah enjoyed support and also had its headquarters. The district was massively bombed by the IDF during the Second Lebanon War. The doctrine promotes targeting civilian infrastructure in order to cause widespread destruction and suffering among the civilian population so as to foment popular opposition to Israel's opponents (namely Hamas and Hezbollah).
As a result of the implementation of these principles, the fighting in the Gaza Strip caused intentional and large-scale damage to civilian infrastructure as well as the killing of hundreds of non-combatant civilians (despite the absence of an official policy to intentionally kill civilians). Israel's actions directly contradict official statements claiming that the IDF acted in accordance with international humanitarian law and took every possible measure to avoid harming non-militant civilians.
This combat doctrine morally stains the citizens of Israel. It may lead to increased international isolation of Israel and to a situation where Israeli soldiers, officers and leaders will face arrest outside of Israel and be charged with war crimes. The writers of the report summarize: "So fundamental a shift in the IDF's combat doctrine, which has such a far-reaching impact, shouldn't be considered only in the closed forums of the General Headquarters and the Security Cabinet, but demands substantial public discussion." |
A New Publication by PCATI and OMCT
The Public Committee Against Torture in Israel (PCATI) and the World Organization Against Torture (OMCT) published their new report "Implementation of the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment by Israel".
This publication is based on the alternative report submitted by the two organizations to the UN Committee against Torture during its 42nd session (April-May 2009). The report aimed at identifying gaps in the implementation of the UN Convention against Torture and other Cruel, inhuman or Degrading Treatment or Punishment by Israel through legal analysis and reports of cases. The present publication also includes the List of Issues and the Concluding observations adopted by the UN Committee against Torture and, therefore, comprises a comprehensive summary of the situation of torture in Israel in recent years. The report also includes a detailed description to the violations of the convention by Israel in the course of the "Cast Lead" operation in Gaza. The report is available in Hebrew, Arabic and English.
| HCJ: No threats against family members or false representations in relation to them are to be used as means of exerting pressure on people under interrogation. By Attorney Smadar Ben-Nathan Following a petition submitted by the Public Committee against Torture in Israel (PCATI), in association with other human rights organizations, the High Court of Justice specified in September that there is an expressed prohibition against using threats to family members of detainees as means of intimidation and pressure during interrogations. In addition, the HCJ repeated the instructions of the Attorney General that no representation is to be made to the detainee that a family member is incarcerated, when in fact they are not.
PCATI, B'Tselem, Hamoked - Center for the Defense of the Individual, Physicians for Human Rights and Adalah appealed to the HCJ through me, in the name of family members of detainees who underwent interrogations where severe pressure was applied while threatening the well-being of their family members with the purpose of coercing a confession. This continuing practice of the General Security Service (GSS) reached its peak in the case of Mahmoud Sweiti who attempted to commit suicide in his cell after his wife and father were presented to him by GSS interrogators as having been arrested on his account. Past Judgement prohibited this method. Despite this, according to many accounts given to PCATI, the GSS regularly uses this practice.
The petition argued that this method of interrogation violates the absolute prohibition in international law with regard to torture, which prohibits psychologicall torture as well. It was also argued that this method contradicts the obligation set in Israeli and international law to protect the family unit, and the value of human dignity.
Despite the fact that the court rejected the petition, it took the time to clarify that the previously mentioned practice was indeed prohibited. During the debate the judges emphasized that it is important that there should be effective supervision of GSS interrogators in order to be assured that such incidents would not be repeated. The judge Salim Jubran noted that he had read the sworn affidavits of the family members, which we appended to the petition, and was shocked by their content. The president of the Israeli High Court of Justice, Justice Dorit Beinish, inquired if any measures had been taken against the interrogators who had applied this kind of unlawful pressure to Sweiti and was told in response by the representative of the state that no such measures had been taken. Justice Beinish made it clear to the state representative, Attorney Aner Helman, that such a situation is far from satisfactory.
It is the intention of PCATI to continue following cases in which family members are used as a means of applying pressure during interrogations and to continue work towards having the full rigor of the law exercised in the cases where it is shown that interrogators applied pressure unlawfully. The full HCJ decision (in Hebrew) | | | | |
| Public Events to mark the International Day of Human Rights | The "Secret Agent and Attorney General Ball" - 10 December 2009
We are honored to invite the public to the "Secret Agent and Attorney General Ball" that PCATI will hold to mark the International Day of Human Rights, and as part of our comprehensive campaign against impunity and the lack of investigations into complaints of torture.
The event will be held in Tel Aviv and focus on the General Security Service (GSS) and the role of the Attorney General in relation to the manner in which the Attorney General grants absolute immunity to GSS officers who employed torture. Over 600 complaints on the use of torture have been submitted since 2001 (primarily by PCATI and the International Red Cross) yet not a single criminal investigation against a GSS agent has been initiated or carried out. The Attorney General's office has consistently replied to these complaints using set phrases such as "these things have never happened" or "this was necessary" or "much time has passed since then".
The event will be held at the Levontin 7 Club in Tel Aviv (also the club's address) on December 10, at 8:00-10:00 PM.
Participants include: "Daphna and the Oogiot", Dani Amir, members of the "Black Velvet" musical group (Dina Lurie and Ehud Nathan), Gabi Eldor, Ofer Golany and Ahotha, Amira Hass, Miki Kratsman, Motti Lerner, Gideon Levy, Ishai Menuchin, Nati Ornan, Zeev Tene, Smadar Yaaron, and others.
A 30 NIS entrance fee will be charged to cover the cost of the event. 
| No Way! First Human Rights March in Israel - December 11, Tel Aviv We are calling on all of our friends who are concerned about the situation of human rights in Israel and the Occupied Palestinian Territory, to join us, PCATI's staff, volunteers and supporters, and the other organizations at this important event.  | PCATI international conference
"Torture and Impunity - Ten years after the HCJ Torture Ruling" | The public is invited to an international conference titled "Torture and Impunity - Ten Years after the HCJ Torture Ruling" that will be held on 27-29 December 2009. The conference is organized by PCATI in collaboration with the Academic Center of Law and Business, Ramat Gan. The first two days of the conference will be held in Hebrew at the Academic Center of Law and Business, Ramat Gan and include presentations by a number of senior experts in the relevant legal and academic fields.
The third day of the conference will be held at Mishkenot Shaananim in Jerusalem and include lectures by three leading international experts - Dr. Jessica Wolfendale, Dr. Lisa Hajjar and Dr. Yuval Ginbar – and a number of Israeli specialists. |
Third film series in Jerusalem:
"Bad things Happen when Good People Keep Silent"
Following the success of the first two film and human rights educational programs, we are happy to announce the opening of the third Jerusalem film series.
This year's program will be held in collaboration with " Ha-Ozen Hashlishit" (the Third-Ear), at their cinema (8 Emek Refaim Street, Jerusalem). The first session will be held on Friday, December 18, at 10:00 AM and include the screening of the French film " Welcome". The present series will include 6 monthly meetings, held on Friday morning. Each meeting will include the viewing of a film on a specific issue related to human rights, followed by a discussion led by Tali Zilberstein, a lecturer on cinema arts. The program will be held in Hebrew. | | Following a petition by PCATI, new holding cells are being built adjacent to the Ofer Camp Military Courts | Following a petition filed by PCATI to the High court of Justice, the State announced last month that it has begun building a new detention complex next to the Ofer Camp military courts (near Ramallah) that will replace the present facility. According to the state, the new facility "will be built with high standards, and an emphasis on the quality of the conditions of detention of those being held in the cells", and that the construction is expected to be completed in six months.
The State added that efforts will also be made in the beginning of 2010 to find a solution to the harsh detention conditions in a similar facility at the Salem Camp (near Jenin) through the appointment of an expert in air conditioning and ventilation.
The petition was filed in November 2007 on behalf of a number of Palestinian detainees, Attorney Fares Abu Hassan who represents many detainees, and Physicians for Human Rights (PHR) against the appalling conditions of detention in the holding cells adjacent to the military courts in the Ofer and Salem military courts. Detainees awaiting legal proceedings at the courts are held in these cells in crowded, noisy conditions, without free access to toilets and drinking water, and are exposed to extreme weather conditions in both winter and summer. Food is not provided regularly and there is no ventilation.
Attorney Bana Shoughry-Badarne, director of PCATI's legal department, expressed her hope that the construction that has begun will bring about a substantial improvement of the conditions of detention in these holding cells and stated that this is the first significant step on the path to the realization of appropriate conditions of detention for all Palestinian detainees being held by Israel.
In spite of this, PCATI regrets that ensuring basic conditions of detention necessitates the submission of petitions and long legal processes.
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