Oireachtas Joint and Select Committees

Thursday, 30 November 2017

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence

Situation in Palestine: Discussion

9:00 am

Dr. Rima Khalaf Hunaidi:

My colleague, Dr. Barghouthi, has covered the suffering of Palestinians under direct Israeli military occupation and rule. I will address Israel's violations of international law and how Israel robs all Palestinians, wherever they live, of their freedoms and universally acknowledged human rights, including the right to self-determination and the right to justice.

A report published in March 2017 by the United Nations Economic and Social Commission for Western Asia while I was its executive secretary examined Israeli policies and practices towards the Palestinian people in its entirety and determined on the basis of scholarly inquiry and overwhelming evidence, that Israel employs policies and practices that oppress and dominate the Palestinians wherever they live - under Israeli occupation in the West Bank and Gaza, as refuges abroad and as citizens of Israel itself. Those policies discriminate against Palestinians because of their religion and national origin for the benefit of another racial group, Jewish Israelis.

The report concluded that such policies and practices amount to the crime of apartheid as per the Rome Statute of the International Criminal Court. In addition to imposing an apartheid regime over the Palestinians, which is a crime against humanity, Israel is also in violation of the United Nations Charter, Security Council resolutions, international human rights law and international humanitarian law. By building settlements in the Occupied Territories, Israel has also flouted its obligations as the occupying power under the Fourth Geneva Convention as confirmed by the International Court of Justice.

The international community's failure to hold Israel accountable for its violations of international law, including possible crimes against humanity such as apartheid, has allowed this injustice to fester causing immense human suffering. Seventy years is too long for any country to flout international law without facing consequences. Building settlements in occupied territories is a crime. The produce of these settlements should be prohibited from entering international markets and not just labelled.

I was pleased to meet Senator Frances Black on Tuesday and to learn that she has prepared draft legislation with Sadaka that will be published in the coming weeks on banning the produce of illegal settlements established by any occupying power. Passing such a Bill would send a strong message to the world - to the oppressors and the oppressed, to the occupiers and the occupied - that Ireland stands fully in support with international law and that it is willing to start by enforcing it domestically in compliance with its constitutional principles and domestic laws.

Subjecting an entire people to an apartheid regime should not be allowed. Apartheid is a crime against humanity and comes second to genocide in criminality under international law. The perpetrators should not be aided and abetted; they should be held accountable. A first step in that direction would be for this committee to consider forming a working group or an investigation panel to confirm beyond reasonable doubt that Israeli policies and practices against the Palestinian people amount to apartheid.

Ireland, a country that struggled against and prevailed over foreign occupation and domination, a country known and respected for its unwavering commitment to the ideals of freedom and justice, can play a pivotal role in bringing justice to Palestine. As an active member of the EU and the community of nations, it can insist on the strict and prompt implementation of international law in order to arrive at a durable peace that sees two peoples living together on the basis of real equality. This durable peace will only be achieved when justice is achieved.

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