Israel moves to ban Israeli human rights organisations that expose Israeli war crimes

Dear friends,
on the back of the poll that reveals that a majority of Israelis are willing to see the banning of Israeli human rights organisation, 20 Israeli parlimentarians have tabled a bill to outlaw Israeli human rights organisations which expose Israeli warcrimes and wrong doings by the Israeli military. (Most of this has been reported in the Hebrew press language rather than English language press - the second article includes a translation of the article from Maariv)

Two articles/blogs below on the newly proposed law, as well as a statement issued by Israeli Human Rights organisations in response.

in solidarity, Kim

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From The Promised Land Blog: http://www.promisedlandblog.com/?p=2534

Knesset moves to outlaw human rights organizations in Israel
Posted: April 29th, 2010 | Author: noam | Filed under: In the News, The Left, media | Tags: adalah, avi dichter, human rigths, im tirzu, meni mazoz, new israel fund, shin beit, the only democracy in the middle east | No Comments »

Something very troubling is happening to “the only democracy in the Middle East”
More than 20 MKs, including members of opposition party Kadima, proposed a new bill which will make it possible to outlaw the important human rights groups in Israel. Among the organizations mentioned in the proposed bill are Doctors for Human rights, The Coalition of Woman for Peace, The Public Committee against Torture in Israel, and Adalah: the Legal Center for Arab Minority Rights. All these organizations receive funds from the New Israeli fund.

According to a report in Maariv, the new bill will outlaw any organization “which is involved in activity intended to lead to the prosecution or arrest of IDF officers and government officials for war crimes.” the word “involved” makes it a very broad definition.


Palestinian child tied to a Israeli jeep and used as a human shield by Israeli Occupation Forces - a war crime under international law.

Two weeks ago, an article by Maariv’s Ben Caspit suggested that NIF sponsored organizations that are linked to an international effort to investigate and prosecute senior IDF officers for war crimes.

The introduction to the new bill declares that:

“… “Those organizations help foreign organizations that seek to issue arrest warrants and indictments against senior Israeli officials, either by means of providing information—the preponderance of which is erroneous and even mendacious—to foreign groups, or by publicly agreeing and lending credence to the accusation that Israel is guilty of war crimes.”

More than 20 MK’s signed the offer. Among them are known parliament members from Tzipi Livni’s opposition party Kadima, former head of Shin Beit Avi Dichter and members from Likud and NRP.

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From all the anti-democratic measures I’ve been writing about here, this is by far the most extreme. Even if a mild version of this law passes, defending human rights in Israel – a difficult tusk as is – will become practically impossible. Merely proposing this bill will harm grassroots efforts and freedom of speech, as both the media and the public are becoming more and more hostile to people and groups who are portrayed as unpatriotic or anti-Israeli.

Much of “the case for Israel” is based on the notion that this is a democracy – the only one in a hostile environment. But Israel is changing. This is not something that you notice on a one week vacation in Jerusalem or from on the Tel Aviv beach, but if you pay close attention to the news, you can easily notice it.

People are harassed and delegitimized for the things they say and because of their views. Foreign activists are arrested and deported. The Shin Beit, Israel’s security agency, stated recently before the court that it sees its job as to supervise and follow the actions of Israeli left-wing organizations even when they are not suspected in breaking the law. This statement was approved by the former Government’s attorney, Meni Mazoz, who also heads the prosecution in Israel.

As a poll published this week on Haaretz shows, the Jewish public is supportive of such measures:

57.6 percent of the respondents agreed that human rights organizations that expose immoral conduct by Israel should not be allowed to operate freely.

Slightly more than half agreed that “there is too much freedom of expression” in Israel. The poll also found that most of the respondents favor punishing Israeli citizens who support sanctioning or boycotting the country, and support punishing journalists who report news that reflects badly on the actions of the defense establishment.

Politicians and Journalists, always sensitive to public opinion, follow such trends with calls for actions. Violence against activists in the West bank becomes common. Police arrests organizers of legal protests, even if there is nothing to charge them with.

As most of the country carries own with its daily life, and the world is busy with efforts to re-ignite the peace process and doesn’t pay much importance to such details, it is easy to miss the big picture. But something very major is happening here right now. I don’t have any idea where will it end up leading us, but I suspect it’s not such a good place.

UPDATE: here is a full translation of today’s article in Maariv, courtesy of Coteret blog.

MKs Propose Outlawing Adalah

Ma’ariv (p. 12) by Arik Bender — More than 20 MKs from the coalition and the opposition yesterday introduced a bill that is geared to outlaw non-profit organizations that are involved in activity that is geared to bring about the arrest of IDF officers and senior government officials overseas for war crimes. The bill did not specify the names of the non-profit organizations in question, but the law-makers did cite NPOs such as Adalah, the Public Committee Against Torture in Israel, Physicians for Human Rights and the Coalition of Women for Peace—all of which receive funding from the New Israel Fund.

“It is very saddening that in an era such as this one, when we ought to be united against those very same baseless accusations, we witness Israeli NPOs and organizations operating beneath the surface against Israel,” read the printed explanation to the bill. “Those same organizations help foreign organizations that seek to issue arrest warrants and indictments against senior Israeli officials, either by means of providing information—the preponderance of which is erroneous and even mendacious—to foreign groups, or by publicly agreeing and lending credence to the accusation that Israel is guilty of war crimes. Sometimes they even extend palpable legal assistance in drafting the arguments.”

The bill was submitted yesterday at the end of a tempestuous debate in the plenum about Ma’ariv’s expose about the involvement of the New Israel Fund in lawsuits against the IDF and top state officials. Among the signatories of the new bill are the former director of the GSS, MK Avi Dichter, former deputy GSS director MK Gidon Ezra, Chairman of the State Audit Committee MK Yoel Hasson, MK Ronit Tirosh, MK Otniel Schneller, MK Yaakov Edri, MK Moshe Matlon, MK Ophir Akunis, MK Tzippi Hotovely, MK Uri Orbach, MK Zvulun Orlev and others.

“The bill will put an end to the rampage by NPOs who are trying to subvert the state under the guise of human rights,” said yesterday Ronit Tirosh, one of the sponsors of the bill.


Im Tirtzu smear campaign poster against Noami Chazan and the New Israel Fund.

Upon the introduction of the bill, the Im Tirtzu movement announced that it was ending its campaign against the New Israel Fund. Ronen Shoval, the director of Im Tirtzu, said that he was pleased that his movement’s message had been heard in the Knesset. “We congratulate the MKs who picked up the gauntlet and intend to defend the IDF from the NPOs that are supported by the New Israel Fund,” said Shoval.

The forum of directors general of the human rights organizations in Israel, which includes Adalah—the Legal Center for Arab Minority Rights in Israel— issued the following statement in response: “Instead of defending the values of democracy, the sponsors of the bill opt to trample it to dust. The bill—which seeks in practice to conceal information or suspected crimes—contravenes international conventions and the universal declaration about human rights that were signed after World War II and constitutes an unprecedented moral nadir in the Israeli legislature.

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Israeli law proposal: Outlaw organisations reporting on violations
Foreboding in the Israeli human rights community as a new proposed law targets organizations reporting on breaches of international law
By JNews Thursday, 29 April, 2010 - 13:44 London, UK
Source: Knesset minutes, nrg, Maariv, Israeli human rights groups

http://www.jnews.org.uk/news/israeli-law-proposal-outlaw-organisations-reporting-on-violations

A new law tabled on Wednesday in the Israeli Knesset, seeks to forbid registration of Israeli organizations (NGOs) that are suspected of provision of information or involvement in law suits against Israeli officials or commanders for breaches of International Humanitarian Law, or war crimes. It would also require the Registrar of Association to close down existing organizations engaged in such activities.

The proposed Associations Law (Amendment – Exceptions to the Registration and Activity of an Association), 2010, comes in the wake of an incitement campaign against the human-rights community in Israel and is the second law to be proposed against their activities this year.

Among the signatories to the proposed bill are two former members of Israel’s secret police, the Shin Bet or shabac: former director Avi Dichter and former deputy director Gideon Ezra.

The law proposal does not cite names of specific organizations, but the initiators of the bill, 19 Knesset members (MKs) from various parties of both the coalition and the opposition, cited Israeli groups Adalah, Physicians for Human Rights-Israel, the Public Committee Against Torture in Israel and Coalition of Women for Peace as examples, in the course of a debate held on the bill Wednesday.

Israeli daily Maariv focused specifically on Adalah, a human-rights organization led by Palestinian citizens of Israel. Its news item on the law proposal was headed “MKs propose: Outlaw Adalah

In a heated discussion in the Knesset yesterday, MK Nitsan Horovitz of the left-leaning Meretz party described the law proposal as a witchhunt.
“So long as activities are legal under Israeli law, they are [allowed] under freedom of expression, and the conflict is a political one,” said Horovitz. “Is anything illegal being done by an organization? – then go to the police,” he said.

He added that the Knesset should address the allegations made by the organizations under attack, instead of silencing them.

A group of ten Israeli human rights organizations has published a response to the bill, saying that it “violates international treaties and the Universal Declaration on Human Rights, which was signed in the wake of the horrors of World War II,” and that it “seeks to conceal information or suspicions of a crime.”

The group added that “The Israeli government’s refusal to allow the domestic legal system to investigate allegations of war crimes is the very reason that war crimes may be investigated and prosecuted abroad,” and that “instead of defending democracy, the sponsors of this bill prefer to reduce it to ashes.”

Adalah’s Director Hassan Jabareen, added that “if the legislation is enacted, it would constitute an official admission by the State of Israel that it is committing war crimes, and is ordering human-rights organizations in Israel to keep silent about them, to refrain from passing on information about them, and to cease assisting both the victims and the international community in working to prevent their continuation. Only a state that commits prohibited acts would be interested in such legislation.”

This article may be reproduced on condition that JNews is cited as its source

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Human Rights Groups in Israel Respond to Proposed Bill to Suppress Information about Serious Breaches of International Law: A Danger to Democracy
http://www.phr.org.il/default.asp?PageID=222&ItemID=662

Democratic values are important to the human rights community in Israel. A new bill proposes to trample these democratic values and undermine the ability to seek accountability for human rights violations. It is with great concern that we respond to the proposed bill: Associations (Amutot) Law (Amendment – Exceptions to the Registration and Activity of an Association), 2010.


Brochure: Adalah - Legal Centre for the Arab Minority in Israel

The bill, introduced yesterday, would prohibit the registration of any Non Governmental Organization (NGO) if "there are reasonable grounds to conclude that the association is providing information to foreign entities or is involved in legal proceedings abroad against senior Israeli government officials or IDF officers, for war crimes". An existing NGO would be shut down under the proposed law if it engaged in such activity.

Instead of defending democracy, the sponsors of this bill prefer to reduce it to ashes. This bill is the direct result of irresponsible leadership that is doing all it can to undermine democratic values and the institutions that are the backbone of a democracy: the Supreme Court, a free press, and human rights organizations. A public sphere without these institutions operating independently of the government is a public sphere that is crippled and anti-democratic at its core.


Logo of B'Tselem - The Israeli Information Centre for Human Rights in the Occupied Territories

The sponsors of this bill would do well to invest their energies in fulfilling their duty to oversee the actions of the executive branch, including the security forces. Where a suspicion arises that war crimes have been committed, legislators should act to bring about an independent, impartial investigation in Israel, according to the standards set by international law. The Israeli government's refusal to allow the domestic legal system to investigate allegations of war crimes is the very reason that war crimes may be investigated and prosecuted abroad. The bill – which essentially seeks to conceal information or suspicions of a crime – violates international treaties and the Universal Declaration on Human Rights, which was signed in the wake of the horrors of World War II. It represents an unprecedented moral nadir within the Israeli house of parliament.

This response is issued by the Directors' Forum of the above-listed human rights organizations, all of whom are associations (amutot) registered in Israel.

For further information:
Keren Tamir, Spokesperson of Gisha, 052-891-9190, 03-6244120, keren@gisha.org; Sari Bashi, Director of Gisha, 054-8172103.
Louis Frankenthaler, International Outreach Director, Public Committee Against Torture in Israel, 02-642-9825, 052-364-8822, louis@stoptorture.org.il.


ADALAH - THE LEGAL CENTER FOR ARAB MINORITY RIGHTS IN ISRAEL | ASSOCIATION FOR CIVIL RIGHTS IN ISRAEL | BIMKOM – PLANNERS FOR PLANNING RIGHTS | B’TSELEM - THE ISRAELI INFORMATION CENTER FOR HUMAN RIGHTS IN THE OCCUPIED TERRITORIES | GISHA - LEGAL CENTER FOR FREEDOM OF MOVEMENT | HAMOKED - CENTER FOR THE DEFENCE OF THE INDIVIDUAL | PHYSICIANS FOR HUMAN RIGHTS - ISRAEL | PUBLIC COMMITTEE AGAINST TORTURE IN ISRAEL | RABBIS FOR HUMAN RIGHTS | YESH DIN - VOLUNTEERS FOR HUMAN RIGHTS