Full Text Israel Political Brief December 23, 2016: UN Security Council Resolution 2334 Condemning Israeli Settlements in the West Bank

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United Nations Security Council Resolution 2334

Source: UN, 12-23-16

The full text of resolution 2334 (2016) reads as follows:

The Security Council,

Reaffirming its relevant resolutions, including resolutions 242 (1967), 338 (1973), 446 (1979), 452 (1979), 465 (1980), 476 (1980), 478 (1980), 1397 (2002), 1515 (2003), and 1850 (2008),

Guided by the purposes and principles of the Charter of the United Nations, and reaffirming, inter alia, the inadmissibility of the acquisition of territory by force,

Reaffirming the obligation of Israel, the occupying Power, to abide scrupulously by its legal obligations and responsibilities under the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, and recalling the advisory opinion rendered on 9 July 2004 by the International Court of Justice,

Condemning all measures aimed at altering the demographic composition, character and status of the Palestinian Territory occupied since 1967, including East Jerusalem, including, inter alia, the construction and expansion of settlements, transfer of Israeli settlers, confiscation of land, demolition of homes and displacement of Palestinian civilians, in violation of international humanitarian law and relevant resolutions,

Expressing grave concern that continuing Israeli settlement activities are dangerously imperilling the viability of the two-State solution based on the 1967 lines,

Recalling the obligation under the Quartet Roadmap, endorsed by its resolution 1515 (2003), for a freeze by Israel of all settlement activity, including “natural growth”, and the dismantlement of all settlement outposts erected since March 2001,

Recalling also the obligation under the Quartet roadmap for the Palestinian Authority Security Forces to maintain effective operations aimed at confronting all those engaged in terror and dismantling terrorist capabilities, including the confiscation of illegal weapons,

Condemning all acts of violence against civilians, including acts of terror, as well as all acts of provocation, incitement and destruction,

Reiterating its vision of a region where two democratic States, Israel and Palestine, live side by side in peace within secure and recognized borders,

Stressing that the status quo is not sustainable and that significant steps, consistent with the transition contemplated by prior agreements, are urgently needed in order to (i) stabilize the situation and to reverse negative trends on the ground, which are steadily eroding the two-State solution and entrenching a one-State reality, and (ii) to create the conditions for successful final status negotiations and for advancing the two-State solution through those negotiations and on the ground,

“1.   Reaffirms that the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solution and a just, lasting and comprehensive peace;

“2.   Reiterates its demand that Israel immediately and completely cease all settlement activities in the occupied Palestinian territory, including East Jerusalem, and that it fully respect all of its legal obligations in this regard;

“3.   Underlines that it will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations;

“4.   Stresses that the cessation of all Israeli settlement activities is essential for salvaging the two-State solution, and calls for affirmative steps to be taken immediately to reverse the negative trends on the ground that are imperilling the two-State solution;

“5.   Calls upon all States, bearing in mind paragraph 1 of this resolution, to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967;

“6.   Calls for immediate steps to prevent all acts of violence against civilians, including acts of terror, as well as all acts of provocation and destruction, calls for accountability in this regard, and calls for compliance with obligations under international law for the strengthening of ongoing efforts to combat terrorism, including through existing security coordination, and to clearly condemn all acts of terrorism;

“7.   Calls upon both parties to act on the basis of international law, including international humanitarian law, and their previous agreements and obligations, to observe calm and restraint, and to refrain from provocative actions, incitement and inflammatory rhetoric, with the aim, inter alia, of de-escalating the situation on the ground, rebuilding trust and confidence, demonstrating through policies and actions a genuine commitment to the two-State solution, and creating the conditions necessary for promoting peace;

“8.   Calls upon all parties to continue, in the interest of the promotion of peace and security, to exert collective efforts to launch credible negotiations on all final status issues in the Middle East peace process and within the time frame specified by the Quartet in its statement of 21 September 2010;

“9.   Urges in this regard the intensification and acceleration of international and regional diplomatic efforts and support aimed at achieving, without delay a comprehensive, just and lasting peace in the Middle East on the basis of the relevant United Nations resolutions, the Madrid terms of reference, including the principle of land for peace, the Arab Peace Initiative and the Quartet Roadmap and an end to the Israeli occupation that began in 1967; and underscores in this regard the importance of the ongoing efforts to advance the Arab Peace Initiative, the initiative of France for the convening of an international peace conference, the recent efforts of the Quartet, as well as the efforts of Egypt and the Russian Federation;

“10.  Confirms its determination to support the parties throughout the negotiations and in the implementation of an agreement;

“11.  Reaffirms its determination to examine practical ways and means to secure the full implementation of its relevant resolutions;

“12.  Requests the Secretary-General to report to the Council every three months on the implementation of the provisions of the present resolution;

“13.  Decides to remain seized of the matter.”

 

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Full Text Israel Political Brief July 3, 2015: Full text of UNHRC resolution on Gaza war probe

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Full text of UNHRC resolution on Gaza war probe

Motion passed on Friday by UN Human Rights Council welcomes findings of McGowan Davis commission

Source: Times of Israel, 7-3-15

UNHRC United Nations Human Rights Council
UNHRC Gaza Conflict Commission of Inquiry
Operation Protective Edge

The following is the full text of Friday’s UN Human Rights Council resolution backing last week’s report by the Gaza Conflict Commission of Inquiry. It is titled “Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem”:

​The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the relevant rules and principles of international law, including international humanitarian law and human rights law, in particular the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to the Occupied Palestinian Territory, including East Jerusalem,

Recalling also the Universal Declaration of Human Rights and the other human rights covenants, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child,

Recalling further its relevant resolutions, including resolutions S-9/1 of 12 January 2009 and S-21/1 of 23 July 2014, and the report of the United Nations Fact-Finding Mission on the Gaza Conflict,

Expressing its appreciation to the independent commission of inquiry on the 2014 Gaza conflict for its comprehensive report,

Affirming the obligation of all parties to respect international humanitarian law and international human rights law,

Emphasizing the importance of the safety and well-being of all civilians, reaffirming the obligation to ensure the protection of civilians in armed conflict, and deploring the civilian deaths that resulted from the conflict in and around the Gaza Strip in July and August 2014, including the killing of 1,462 Palestinian civilians, including 551 children and 299 women, and six Israeli civilians,

Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law, including possible war crimes, including the findings of the United Nations Fact-Finding Mission on the Gaza Conflict, of the independent commission of inquiry on the 2014 Gaza conflict, and of the boards of inquiry convened by the Secretary-General,

Condemning all violations of human rights and of international humanitarian law, and appalled at the widespread and unprecedented levels of destruction, death and human suffering caused,

Stressing the urgency of achieving without delay an end to the Israeli occupation that began in 1967,

Deploring the non-cooperation by Israel with the independent commission of inquiry on the 2014 Gaza conflict and the refusal to grant access to or to cooperate with international human rights bodies seeking to investigate alleged violations of international law in the Occupied Palestinian Territory, including East Jerusalem,

Regretting the lack of implementation of the recommendations contained in the report of the United Nations Fact-Finding Mission on the Gaza Conflict, which follows a pattern of lack of implementation of recommendations made by United Nations mechanisms and bodies,

Alarmed that long-standing systemic impunity for international law violations has allowed for the recurrence of grave violations without consequence, and stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law in order to end impunity, ensure justice, deter further violations, protect civilians and promote peace,

Emphasizing the need for States to investigate grave breaches of the Geneva Conventions of 1949 to end impunity, uphold their obligations to ensure respect, and promote international accountability,

Noting the accession by Palestine to the Rome Statute of the International Criminal Court on 2 January 2015,

1.​ Welcomes the report of the independent commission of inquiry on the 2014 Gaza conflict;

2. ​Calls upon all duty bearers and United Nations bodies to pursue the implementation of all recommendations contained in the report of the commission of inquiry, in accordance with their respective mandates;

3.​ Notes the importance of the work of the commission of inquiry and of the United Nations Fact-Finding Mission on the Gaza Conflict of 2009 and the information collected regarding grave violations in support of future accountability efforts, in particular, information on alleged perpetrators of violations of international law;

4. ​Emphasizes the need to ensure that all those responsible for violations of international humanitarian law and international human rights law are held to account through appropriate fair and independent domestic or international criminal justice mechanisms, and to ensure the provision of effective remedy to all victims, including reparations, and stresses the need to pursue practical steps towards these goals;

5.​ Calls upon the parties concerned to cooperate fully with the preliminary examination of the International Criminal Court and with any subsequent investigation that may be opened;

6.​ Calls upon all States to promote compliance with human rights obligations and all High Contracting Parties to the Fourth Geneva Convention to respect, and to ensure respect for, international humanitarian law in the Occupied Palestinian Territory, including East Jerusalem, in accordance with article 1 common to the Geneva Conventions, and to fulfill their obligations under articles 146, 147 and 148 of the said Convention with regard to penal sanctions, grave breaches and the responsibilities of the High Contracting Parties;

7.​ Recommends that the General Assembly remain apprised of the matter until it is satisfied that appropriate action with regard to implementing the recommendations made by the United Nations Fact-Finding Mission on the Gaza Conflict in its report has been or is being taken appropriately at the domestic or international levels to ensure justice for victims and accountability for perpetrators;

8.​ Requests the United Nations High Commissioner for Human Rights to present, as part of the reporting requested by the Human Rights Council in its resolutions S-9/1 and S-12/1, a report on the implementation of the present resolution, as well as on the implementation of the recommendations contained in the reports of the independent commission of inquiry on the 2014 Gaza conflict and of the United Nations Fact-Finding Mission on the Gaza Conflict, to the Council at its thirty-first session;

9.​ Decides to remain seized of the matter.

 

 

 

 

 

 

Full Text Israel Political Brief June 29, 2015: Security Cabinet Approves PM Netanyahu’s Proposal to Begin Work on an Approximately 30-km. Section of Security Fence along Israel’s Eastern Border with Jordan

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Security Cabinet Approves PM Netanyahu’s Proposal to Begin Work on an Approximately 30-km. Section of Security Fence along Israel’s Eastern Border

Source: PMO, 6-29-15

The Security Cabinet yesterday adopted Prime Minister Benjamin Netanyahu’s proposal to begin work on an approximately 30-kilometer long section of security fence along the State of Israel’s eastern border, from Eilat to the site designated for the Timna airport. The Security Cabinet also approved the necessary allocation of resources for building the section of fence.

The Government of Israel is in contact with the Government of Jordan and emphasizes that the construction of this section of security fence is being carried out on the Israeli side of the border. The fence will not, in any way, infringe on the sovereignty of the Hashemite Kingdom of Jordan and its national interests, which will be respected.

Prime Minister Netanyahu, today (Monday, 29 June 2015), at the start of a meeting of the Knesset Foreign Affairs and Defense Committee, referred to the foregoing decision:

“Yesterday in the Security Cabinet, we made a very important decision to continue a section of fence along our southern border, this time from Eilat, 30 kilometers north to past the Timna airport that is under construction. This is important. It is part of our national security. It joins the fence that we built along the length of our border with Sinai, which blocked the entry of illegal migrants into Israel and – of course – the various terrorist movements. This step also joins the fence that we built on our border on the Golan Heights.

I would like to make it clear that this fence will be entirely within the territory of the State of Israel. It will not, in any way, infringe on the sovereignty of the Hashemite Kingdom of Jordan and its national interests.

I think that this is a very important step. I am also pleased that the members of the Security Cabinet approved the sources of financing.”

Full Text Israel Political Brief June 22, 2015: Israeli response to the UNHRC Commission of Inquiry

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Israeli response to the UNHRC Commission of Inquiry

Source: MFA, 6-22-15
It is regrettable that the report fails to recognize the profound difference between Israel’s moral behavior during Operation Protective Edge and the terror organizations it confronted. This report was commissioned by a notoriously biased institution, given an obviously biased mandate.
The 2014 Gaza Conflict: Factual and Legal Aspects – The Full Report

Israel is studying the Commission of Inquiry Report (COI) from the United Nations’ Human Rights Council (UNHRC). However, some initial comments can be made about the COI process in general:

1) It is well known that the entire process that led to the production of this report was politically motivated and morally flawed from the outset. Just as Israel seriously considered every complaint, no matter its origin, it will also seriously study this report. We take note of the fact that the authors of this report admitted that they lacked much of the relevant information.

It is regrettable that the report fails to recognize the profound difference between Israel’s moral behavior during Operation Protective Edge and the terror organizations it confronted.

2) This report was commissioned by a notoriously biased institution, given an obviously biased mandate, and initially headed by a grossly biased chairperson, William Schabas. The UNHRC has a singular obsession with Israel, passing more country specific resolutions against Israel than against Syria, Iran and North Korea combined – in fact, more than against all other countries combined. The commission of inquiry’s mandate presumed Israel guilty from the start and its original chairman, William Schabas, was compelled to resign due to a blatant conflict of interest (paid work for the Palestinians), which he concealed from the United Nations.

3) The COI also lacked the necessary tools and expertise to conduct a professional and serious examination of armed conflict situations.

Israel will consider the report in light of these essential failings. It would encourage all fair-minded observers to do the same.

4) Israel is a democracy committed to the rule of law, forced to defend itself against Palestinian terrorists who commit a double war crime: They indiscriminately target Israeli civilians while deliberately endangering Palestinian civilians, including children, by using them as human shields.

5) In defending itself against attacks, Israel’s military acted according to the highest international standards. This was confirmed by a comprehensive examination by Israeli military and legal experts, as well as reports produced by internationally renowned military professionals.

6) Israel will continue to uphold its commitment to the law of armed conflict despite the brutal tactics of its enemies. Israel will continue to investigate alleged wrongdoing in accordance with international standards and to cooperate with those UN bodies that conduct themselves in an objective, fair and professional manner.
See: The 2014 Gaza Conflict: Factual and Legal Aspects – THE FULL REPORT

Israel Political Brief March 10, 2015: FAQ: Elections in Israel

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FAQ: Elections in Israel

Source: MFA

A bill to dissolve the 19th Knesset passed in the Knesset plenum on Monday, December 8, 2014 by unanimous vote. Elections to the 20th Knesset will be held on March 17, 2015.
Elections in Israel 2015

  Elections in Israel 2015

1.  What do Israelis vote for in elections?

The upcoming national elections in Israel will be held on March 17, 2015. These elections will determine the composition of the new Knesset and of the government to be established based on these results. 26 parties have submitted lists of candidates to the Central Elections Committee.

Israel is a parliamentary democracy. The Prime Minister, who heads Israel’s government, is chosen from among the members of the newly-elected Knesset, Israel’s parliament….READ MORE

 

Full Text Israel Political Brief November 23, 2014: Basic Law: Israel – the National State of the Jewish people — Israel Jewish Nation State

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Basic Law: Israel – the National State of the Jewish people

Source: MFA, 11-23-14

The Cabinet discussed three versions of draft Basic Law: Israel – the National State of the Jewish people, that of MK Zeev Elkin, of MK Ayelet Shaked and MK Yariv Levin, and of MK Robert Ilatov.

The Cabinet decided to support Prime Minister Netanyahu’s draft principles.

The Cabinet decided to support, in preliminary Knesset discussion, the aforementioned three draft versions on condition that their sponsoring MKs agree that their draft versions would be attached to the Government version to be presented by Prime Minister Netanyahu, which will be formulated on the basis of the principles detailed in the annex below, and will be adapted to it. The Government draft will be formulated in coordination with Attorney General Yehuda Weinstein.
Annex of Principles

I. Objective

Defining the State of Israel as the national state of the Jewish people, and anchoring the values of the State of Israel as a Jewish and democratic state in the spirit of the principles of the Declaration of Independence.

II. Basic principles

The Land of Israel is the historic homeland of the Jewish people and the place of the establishment of the State of Israel.

The State of Israel is the national home of the Jewish people in which the Jewish People realizes its right to self-determination in accordance with its cultural and historic heritage.

The right to realize national self-determination in the State of Israel is unique to the Jewish people.

The State of Israel is democratic, based on the foundations of freedom, justice and peace in light of the visions of the prophets of Israel, and upholds the individual rights of all its citizens according to law.

III. Symbols of the State

The national anthem is Hatikvah.

The national flag is white with two sky-blue stripes close to the margins and a sky-blue Star of David in the center.

The national emblem is a seven-branched menorah with two olive branches at its sides and the word ‘Israel’ below.

IV. Return

All Jews are eligible to immigrate to the country and receive citizenship of the state according to law.

V. Ingathering of the Exiles and Strengthening Links with the Jewish People in the Diaspora

The State will act to gather the exiles of the Jewish people and strengthen links between Israel and Jewish communities in the Diaspora.

VI. Assistance to Jews in Distress

The State will act to assist Jews in distress and in captivity due to their being Jews.

VII. Heritage

The State will act to preserve the historical and cultural heritage and tradition of the Jewish people and to enshrine and cultivate it in the country and in the Diaspora.

All educational institutions that serve the Jewish public in the country will teach the history, heritage and tradition of the Jewish people.

The State will act to enable all residents of Israel, regardless of religion, race or nationality, to preserve their culture, heritage, language and identity.

VIII. Official Calendar

The Hebrew calendar is the official calendar of the State.

IX. Independence Day and Remembrance Day

Independence Day is the national holiday of the State.

Remembrance Day for the Fallen of Israel’s Wars and Holocaust Heroes and Martyrs Remembrance Day are the official remembrance days of the State.

X. Public holidays

The regular public holidays of the State of Israel are the Sabbath and the Jewish holidays on which no worker shall be employed except under conditions to be defined by law; members of recognized faiths shall be entitled to rest on their Sabbaths and holidays.

XI. Jewish Law

Jewish law shall serve as a source of inspiration for the Knesset

If a court shall consider a legal question that requires a decision and not find an answer in legislation, precedent or clear inference, it shall render a decision in light of the principles of freedom, justice, fairness and peace of the heritage of Israel.

XII. Maintaining the Holy Places

The Holy Places shall be guarded against desecration, any other damage and against anything that is liable to infringe on freedom of access by worshippers to the places that are holy to them or on their feelings toward those places.

XIII. Infringement of rights

There shall be no infringement of rights according to the basic laws except by law that befits the values of the State of Israel, that is designed for a worthy purpose and which does not exceed that which is required.

XIV. Amendment

The basic law shall not be amended except by a basic law that is approved by a majority of MKs.

Israel Political Brief July 18, 2013: Full text of the European Union’s guidelines for Israel’s settlements and areas beyond the 1967 borders

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Full text of the European Union’s settlement guidelines

New directives prohibit Israeli companies located beyond the 1967 lines from receiving prizes, grants, or financing

Source: Times of Israel, 7-18-13

The Times of Israel has obtained a copy of the new European Union directive concerning EU funding for entities established beyond the 1967 border lines including the West Bank, East Jerusalem, and the Golan Heights.

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