We 66 British academics and Israeli citizens reject the government’s imposition of the IHRA

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We 66 British academics and Israeli citizens reject the government’s imposition of the IHRA

The flawed definition threatens not only the fight against antisemitism, but Palestinian self-determination, academic freedom and our right to criticise the Israeli government.

Introduction

The open letter presented below was first published at the beginning of February 2021. The version here was published on the the Vashti Media website on 4th February 2021. It is reproduced here exactly as it was there.

We, British academics and Israeli citizens, strongly oppose the government’s imposition of the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism on universities in England, and call on all academic senates to reject it.

We represent a diverse cross-disciplinary, cross-ethnic, and cross-generational group. We all share an extended history of struggles against racism. Accordingly, we have been critical of Israel’s prolonged policies of occupation, dispossession, segregation, and discrimination directed at the Palestinian population. Our perspective is deeply informed by the multiple genocides of modern times, in particular the Holocaust, in which many of us lost family members. The lesson we are determined to draw from history is of a committed struggle against all forms of racism.

It is precisely because of these personal, scholarly and political perspectives that we are perturbed by the letter sent to our vice-chancellors by Gavin Williamson, secretary of state for education, on 9 October 2020. Explicitly threatening to withhold funds, the letter pressures universities to adopt the controversial IHRA definition. Fighting antisemitism in all its forms is an absolute must. Yet the IHRA document is inherently flawed, and in ways that undermine this fight. In addition, it threatens free speech and academic freedom and constitutes an attack on both the Palestinian right to self-determination, and the struggle to democratise Israel.

The IHRA has been criticised on numerous occasions. Here, we touch on some of its aspects that are particularly distressing in the context of higher education. The document is in two parts. The first, quoted in Williamson’s letter, is a definition of antisemitism:

Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.

This formulation is both vague in language and lacking in content, to the point of being unusable. On the one hand, it relies on unclear terms such as “certain perception” and “may be expressed as hatred”. On the other hand, it fails to mention key issues such as “prejudice” or “discrimination”. Crucially, this “definition” is considerably weaker and less effective than antiracist regulations and laws already in force, or in development, in the university sector.

Moreover, the government’s pressure on higher education institutions to adopt a definition for only one sort of racism singles out people of Jewish descent as deserving greater protection than others who regularly endure nowadays equal or more grievous manifestations of racism and discrimination.

The second part of the IHRA presents what it describes as eleven examples of contemporary antisemitism, seven of which refer to the state of Israel. Some of these mischaracterise antisemitism. They likewise have a chilling effect on university staff and students legitimately wishing to criticise Israel’s oppression of Palestinians or to study the Israeli-Palestinian conflict. Finally, they interfere with our right as Israeli citizens to participate freely in the Israeli political process.

To illustrate, one example of antisemitism is “[to claim] that the existence of a State of Israel is a racist endeavour”. Another antisemitic act, according to the document, is “requiring of [Israel] … a behaviour not expected or demanded of any other democratic nation”. Surely it should be legitimate, not least in a university setting, to debate whether Israel, as a self-proclaimed Jewish state, is “a racist endeavour”, or a “democratic nation”?

Currently, the population under Israel’s control comprises 14 million people. Nearly 5 million of those lack basic rights. Of the remaining 9 million, 21% (around 1.8 million) have been systematically discriminated against since the state’s establishment.

This discrimination manifests itself in dozens of laws and policies concerning property rights, education, and access to land and resources. All 6.8 million people thus prevented from full democratic participation are non-Jews. Emblematic of this discrimination is the Law of Return, which entitles all Jews – and only Jews – living anywhere in the world to migrate to Israel and acquire Israeli citizenship, a right extendable to descendants and spouses. At the same time, millions of Palestinians and their descendants, who have been displaced or exiled, are denied the right to return to their homeland.

Such discriminatory legislation and state practices in other contemporary or historical political systems – ranging from China to the USA or Australia – are legitimately and regularly scrutinised by scholars and the general public. They are variously criticised as forms of institutional racism, and compared to certain fascist regimes, including that of pre-1939 Germany; historical analogies are a standard tool in academic research. However, according to the education secretary, only those concerning the State of Israel are now forbidden to scholars and students in England. No state should be shielded from such legitimate scholarly discussion.

Furthermore, while the IHRA document considers any “comparisons of contemporary Israeli policy to that of the Nazis” a form of antisemitism, many in the Israeli political centre and left have often drawn such comparisons. One recent example is a statement [link broken in the original] by Yair Golan, member of Knesset and former deputy chief of the general staff of the Israeli military, in 2016. Another is the comparison between Israel and “Nazism in its early stages” made in 2018 by the Israel Prize laureate Professor Zeev Sternhell, a renowned Israeli historian and political scientist who was, until his recent death, a world-leading theorist of fascism. Such comparisons are also made regularly by the editorials of the leading Israeli newspaper, Haaretz.

The use of such analogies is hardly new. In late 1948, a prominent group of Jewish intellectuals and Rabbis, including Albert Einstein and Hannah Arendt, published a long analysis in the New York Times accusing Menachem Begin, Israel’s future prime minister, of leading ”a political party closely akin in its organization, methods, political philosophy and social appeal to the Nazi and Fascist parties.”

With its eleven “illustrative examples”, the IHRA definition has already been used to repress freedom of speech and academic freedom (see here, here and here). Alarmingly, it has served to frame the struggle against Israel’s occupation and dispossession as antisemitic. As recently stated in a letter to the Guardian by 122 Palestinian and Arab intellectuals:

We believe that no right to self-determination should include the right to uproot another people and prevent them from returning to their land, or any other means of securing a demographic majority within the state. The demand by Palestinians for their right of return to the land from which they themselves, their parents and their grandparents were expelled cannot be construed as antisemitic… It is a right recognized by international law as represented in UN general assembly resolution 194 of 1948… To level a charge of antisemitism against anyone who regards the existing state of Israel as racist, notwithstanding the actual institutional and constitutional discrimination upon which it is based, amounts to granting Israel absolute impunity.

In her recent letter endorsing the imposition of the IHRA on universities in England, Kate Green, MP and shadow secretary of state for education, states that “[w]e can only [fight antisemitism] by listening to and engaging with the Jewish community.” However, as Israeli citizens settled in the UK, many of us of Jewish descent, and alongside many in the UK’s Jewish community, we demand that our voice, too, be heard: the IHRA document is a step in the wrong direction. It singles out the persecution of Jews; it inhibits free speech and academic freedom; it deprives Palestinians of a legitimate voice within the UK public space; and, finally, it inhibits us, as Israeli nationals, from exercising our democratic right to challenge our government.

For these and other reasons, even the lead drafter of the IHRA, Kenneth Stern, has publicly warned:

Right-wing Jewish groups took the “working definition”, which had some examples about Israel …, and decided to weaponize it. … [This document] was never intended to be a campus hate speech code … but [at the hands of the Right it has been used as] an attack on academic freedom and free speech, and will harm not only pro-Palestinian advocates, but also Jewish students and faculty, and the academy itself. … I’m a Zionist. But on … campus, where the purpose is to explore ideas, anti-Zionists have a right to free expression. … Further, there’s a debate inside the Jewish community whether being Jewish requires one to be a Zionist. I don’t know if this question can be resolved, but it should frighten all Jews that the government is essentially defining the answer for us.

These concerns are shared by many others, including hundreds of UK students, scholars of antisemitism and racism, and numerous Palestinian, Jewish and social justice groups and campaigners in the UK and around the world, such as the Institute of Race Relations, Liberty, former Court of Appeal judge Sir Stephen Sedley and Rabbi Laura Janner-Klausner.

UK universities must remain firm in their commitment to academic freedom and freedom of speech, and to the fight against all forms of racism, including antisemitism. The flawed IHRA definition does a disservice to both of these goals. We therefore call on academic senates in England to reject the governmental decree to adopt it or, where adopted already, to revoke it.

Signed,

Professor Hagit Borer FBA, Queen Mary University of London
Dr Moshe Behar, University of Manchester
Dr Yonatan Shemmer, University of Sheffield
Dr Hedi Viterbo, Queen Mary University of London
Dr Yael Friedman, University of Portsmouth
Dr Ophira Gamliel, University of Glasgow
Dr Moriel Ram, Newcastle University
Professor Neve Gordon, Queen Mary University of London
Professor Emeritus Moshé Machover, King’s College London
Dr Catherine Rottenberg, University of Nottingham
PhD Candidate Daphna Baram, Lancaster University
Dr Yuval Evri, King’s College London
Dr Yohai Hakak, Brunel University London
Dr Judit Druks, University College London
PhD Candidate Edith Pick, Queen Mary University of London
Professor Emeritus Avi Shlaim FBA, Oxford University
Dr Merav Amir, Queen’s University Belfast
Dr Hagar Kotef, SOAS, University of London
Professor Emerita, Nira Yuval-Davis, University of East London, recipient of the 2018 International Sociological Association Distinguished Award for Excellence in Research and Practice
Dr Assaf Givati, King’s College London
Professor Yossef Rapoport, Queen Mary University of London
Professor Haim Yacobi, University College London
Professor Gilat Levy, London School of Economics
Dr Noam Leshem, Durham University
Dr Chana Morgenstern, University of Cambridge
Professor Amir Paz-Fuchs, University of Sussex
PhD Candidate Maayan Niezna, University of Kent
Professor Emeritus, Ephraim Nimni, Queen’s University Belfast
Dr Eytan Zweig, University of York
Dr Anat Pick, Queen Mary, University of London
Professor Joseph Raz FBA, KCL, winner of the 2018 Tang Prize for the Rule of Law
Dr Itamar Kastner, University of Edinburgh
Professor Dori Kimel, University of Oxford
Professor Eyal Weizman MBE FBA, Goldsmiths, University of London
Dr Daniel Mann, King’s College London
Dr Shaul Bar-Haim, University of Essex
Dr Idit Nathan, University of the Arts London
Dr Ariel Caine, Goldsmiths University of London
Professor Ilan Pappé, University of Exeter
Professor Oreet Ashery, University of Oxford, recipient of a 2020 Turner Bursary
Dr Jon Simons, Retired
Dr Noam Maggor, Queen Mary University of London
Dr Pil Kollectiv, University of Reading, Fellow of the HEA
Dr Galia Kollectiv, University of Reading, Fellow of the HEA
Dr Maayan Geva, University of Roehampton
Dr Adi Kuntsman, Manchester Metropolitan University
Dr Shaul Mitelpunkt, University of York
Dr Daniel Rubinstein, Central Saint Martins, University of the Arts, London
Dr Tamar Keren-Portnoy, University of York
Dr Yael Padan, University College London
Dr Roman Vater, University of Cambridge
Dr Shai Kassirer, University Of Brighton
PhD Candidate Shira Wachsmann, Royal College of Art
Professor Oren Yiftachel, University College London
Professor Erez Levon, Queen Mary University of London
Professor Amos Paran, University College London
Dr Raz Weiner, Queen Mary University of London
Dr Deborah Talmi, University of Cambridge
Dr Emerita Susie Malka Kaneti Barry, Brunel University
PhD Candidate Ronit Matar, University of Essex
PhD Candidate Michal Rotem, Queen Mary University of London
Dr Mollie Gerver, University of Essex
Professor Haim Bresheeth-Zabner, SOAS
PhD candidate Lior Suchoy, Imperial College London
Dr Michal Sapir, Independent
Dr Uri Davis, University of Exeter & Al-Quds University

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Israeli authorities isolated 108 Palestinian children in solitary confinement

Israeli Army detaining a Palestinian child

Israeli Army detaining a Palestinian child

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Israel’s isolation of Palestinian child prisoners amounts to torture

Ramallah, December 2, 2020—Israeli authorities routinely detain Palestinian children in isolation solely for interrogation purposes, a practice that amounts to torture or cruel, inhuman, or degrading treatment or punishment, Defense for Children International – Palestine (DCIP) said in a report released today.

The 73-page report, ‘Isolated and Alone: Palestinian children held in solitary confinement by Israeli authorities for interrogation’, evaluates and details patterns of arrest, detention conditions, and interrogation practices by Israeli authorities. The report concludes that the physical and social isolation of Palestinian children for interrogation purposes by Israeli authorities is a practice that constitutes solitary confinement, amounting to torture or cruel, inhuman, or degrading treatment under international law norms.

Over a four-year period, between January 1, 2016 and December 31, 2019, DCIP documented 108 cases where Palestinian children detained by the Israeli military were held in isolation for two or more days during the interrogation period.

Evidence and documentation collected by DCIP overwhelmingly indicate that the isolation of Palestinian children within the Israeli military detention system is practised solely to obtain a confession for a specific offence or to gather intelligence under interrogation. DCIP has found no evidence demonstrating a legally justifiable use of isolation of Palestinian child detainees, such as for disciplinary, protective, or medical reasons. Solitary confinement has been used, almost exclusively, during pre-charge and pretrial detention. The practice is not generally employed after children have been convicted and are serving their sentences.

‘International law prohibits the use of solitary confinement and similar measures constituting cruel, inhuman or degrading treatment against children, and yet Israeli authorities frequently detain children in this manner’, said Khaled Quzmar, General Director of DCIP. ‘It is widely acknowledged that this practice causes both immediate and long-term psychological harm to children. It must end immediately, and the prohibition must be enshrined in law’.

Isolation of Palestinian child detainees typically follows a military arrest and transfer period, during which many children are subjected to physical violence and other forms of ill-treatment. While in isolation, child detainees are without meaningful human contact, as interactions with others are often solely with their interrogator. Meals are passed to children through a flap in the door. Children also commonly report significantly worse cell conditions compared to the cells in which they were placed during other periods of detention. The conditions in isolation cells are commonly characterized by inadequate ventilation, 24-hour lighting, no windows, unsanitary bedding and toilet facilities, and hostile architectural features such as wall protrusions.

During interrogation, Israeli military law does not afford Palestinian minors the right to have a parent or lawyer present. The interrogation techniques are often mentally and physically coercive, frequently incorporating a combination of intimidation, threats, verbal abuse, and physical violence with a clear purpose of obtaining a confession.

In all 108 cases documented by DCIP, Israeli authorities interrogated Palestinian child detainees without the presence of a lawyer or family member, and children were overwhelmingly denied a consultation with a lawyer prior to interrogation. Israeli authorities use coercive tactics, including the use of informants, resulting in children unintentionally making some incriminating statements or even false confessions.

Israel has the dubious distinction of being the only country in the world that systematically prosecutes between 500 and 700 children in military courts each year. DCIP estimates that since the year 2000, Israeli military authorities have detained, interrogated, prosecuted, and imprisoned approximately 13,000 Palestinian children.

Key Findings

Of the 108 cases documented by DCIP between January 1, 2016 and December 31, 2019:

• The average duration of isolation was 14.3 days.

• Nearly 40 percent (43 children), endured a prolonged period of isolation of 16 or more days.

• All cases were Palestinian boys aged between 14 and 17 years old, including 70 aged 17 years, 30 aged 16 years, seven aged 15 years, and one aged 14 years.

• In the majority of cases, Palestinian child detainees were unlawfully transferred to detention and interrogation facilities located inside Israel operated or controlled by the Israel Prison Service (IPS) and Israel Security Agency in violation of the Fourth Geneva Convention.

‣ At least 52 children were held at Al-Jalame (also known as Kishon) interrogation and detention centre;

‣ At least 29 children were held at Petah Tikva interrogation and detention centre;

‣ At least 32 were held at Megiddo prison; and

‣ At least 14 were held at Al-Mascobiyya interrogation and detention centre.

• In 102 out of 108 cases (94 percent), children had no access to a legal consultation prior to interrogations.

• In all 108 cases, children had no lawyer or family member present during the interrogation.

• 62 children (57 percent) reported that interrogators did not properly inform them of their rights before interrogation, including their right to silence.

• In 86 cases (80 percent), children held in isolation reported being subject to stress positions during interrogation, most commonly having their limbs tied to a low metal chair for prolonged periods, a position they described as acutely painful.

• In 73 cases (68 percent), children were exposed to informants while detained in isolation. Many of these children were later confronted with incriminating statements made to the informant during a subsequent interrogation.

• DCIP finds that the physical and social isolation of Palestinian children for interrogation purposes by Israeli authorities is a practice that constitutes solitary confinement, which amounts to torture or cruel, inhuman, or degrading treatment or punishment.

This article originally appeared on the Defense for Children International – Palestine website.

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Israeli forces break Palestinian boy’s jaw during arrest

Mohammad's hands and feet shackled

Mohammad’s hands and feet shackled

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Israeli forces break Palestinian boy’s jaw during arrest

Ramallah, December 8, 2020—Israeli authorities transferred a 16-year-old Palestinian boy on Thursday directly to an Israeli prison from the hospital where he was recovering from surgery the day before for injuries sustained during his arrest.

Mohammad Muneer Mohammad Moqbel, 16, was detained by Israeli forces around 9 a.m. on November 29 from Arroub refugee camp, located north of the occupied West Bank city of Hebron. Moqbel sustained a broken jaw when an Israeli soldier struck him in the face with a rifle stock after he was already in Israeli custody, according to documentation collected by Defense for Children International – Palestine.

Mohammad had left home for school that morning but arrived to find his school closed. He returned home and later went out to the store, where he encountered Israeli forces firing tear gas and stun grenades in the camp. Mohammad sought shelter in a nearby house. An Israeli soldier followed him into the house and detained him, according to information collected by DCIP.

Mohammad told DCIP that an Israeli soldier struck him in the face with a rifle stock and then he was physically assaulted by at least three other Israeli soldiers for about 10 minutes.

“They slapped me and kicked me all over my body,” Mohammad told DCIP. “I had bruises on my back, knees, and shoulders. My mouth, jaw, and chin were bleeding. They also broke two of my teeth.”

“Israeli soldiers frequently use excessive force without justification when detaining Palestinian children,” said Ayed Abu Eqtaish, Accountability Program director at DCIP. “Israeli forces know that systemic impunity will allow them to continue to subject unnecessary violence against Palestinian children without ever being held accountable.”

Since 1967, Israel has operated two separate legal systems in the same territory. In the occupied West Bank, Israeli settlers are subject to the civilian and criminal legal system whereas Palestinians live under military law.

Israel has the dubious distinction of being the only country in the world that automatically and systematically prosecutes children in military courts that lack fundamental fair trial rights and protections. Israel prosecutes between 500 and 700 Palestinian children in military courts each year.

Israeli forces placed Mohammad in the back of a military vehicle on the metal floor alongside three other Palestinian children detained during the raid. They were transferred to Karmei Tzur, an illegal Israeli settlement two miles south of Arroub camp. During the transfer, Israeli soldiers subjected Mohammad and the other children to physical violence and insults, according to information collected by DCIP.

Mohammad was detained, bound and blindfolded, on the ground for two hours at Karmei Tzur, and then transferred to Israel’s Etzion interrogation and detention center.

Despite a bloodied face and injured jaw, he was not provided with any medical treatment and was subject to two interrogation sessions without the presence of a family member or a lawyer. Israeli interrogators accused him of throwing stones and Molotov cocktails at Israeli forces.

Israeli military law provides no right to legal counsel during interrogation, and Israeli military court judges seldom exclude confessions obtained by coercion or torture.

After his second interrogation session ended around 6 p.m., Israeli forces detained Mohammad outside, bound and blindfolded, for close to six hours. He was brought indoors around midnight.

Israeli forces transferred Mohammad to Hadassah Ein Kerem hospital in Jerusalem around 3 a.m. on November 30. Doctors examined and X-rayed his jaw and confirmed it was broken. Doctors operated on Mohammad on December 2 inserting four screws and platinum to reconnect his jaw and broken teeth.

Mohammad’s detention was extended for a period of six days on December 1 by a military judge at Israel’s Ofer Military Court so an indictment could be filed against him, according to Iyad Misk, a DCIP lawyer providing legal representation to Mohammad. Mohammad was subsequently charged by a military prosecutor with throwing stones and Molotov cocktails.

Israeli forces shackled Mohammad’s hands and feet while he was recovering in bed and placed his hospital room under guard.

On December 3, Mohammad was transferred to Israel’s Megiddo prison located inside Israel, north of the occupied West Bank. While a bail request was granted on December 6, he remains in pretrial detention at Megiddo prison as the Israeli military prosecutor has appealed the decision. The next hearing before Israel’s Military Court of Appeals is scheduled for December 10.

Physical violence and ill-treatment of Palestinian child detainees is widespread and institutionalized in the Israeli military detention system, according to evidence collected by DCIP.

International law and norms require law enforcement officers to use reasonable and proportional force to carry out a lawful arrest. International juvenile justice standards, which Israel has an obligation to implement after ratifying the United Nations Convention on the Rights of the Child in 1991, include an absolute prohibition against torture and other cruel, inhuman, or degrading treatment or punishment.

In October, Amer Abdel-Rahim Snobar, 16, was beaten and killed by Israeli soldiers near the occupied West Bank village of Turmus’ayya. An autopsy found that he likely died from asphyxiation as a result of strangulation, according to information collected by DCIP.

The United Nations Committee against Torture, an independent body that monitors the implementation of the U.N. Convention against Torture, has concluded that the use of excessive force by law enforcement or military personnel may amount to torture and ill-treatment. When determining if certain acts constitute torture, the child’s age must be taken into account.

This article first appeared on the Defense for Children International – Palestine website.

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