Doc. 9422

24 April 2002

Situation in the Middle East

Opinion¹

Committee on Legal Affairs and Human Rights

Rapporteur: Mr Kevin McNamara, United Kingdom, Socialist Group

I.        Conclusions of the committee

1.        The Committee on Legal Affairs and Human Rights strongly supports the draft resolution tabled by the Political Affairs Committee.

2.       The committee’s main preoccupation is the lack of respect of fundamental human rights and international humanitarian law by both sides to the conflict.

3.        On the Israeli side, the use of excessive force clearly violates key provisions of the 1949 Geneva Conventions and their Protocols, which are binding on Israel. Particularly worrisome is Israel’s scant regard for civilian immunity and its policies of pursuing collective punishments, perpetrating extra-judicial killings of Palestinians, and violating medical immunity. Israel’s refusal to fully co-operate with humanitarian agencies, in particular the ICRC and its national societies, further aggravates an already untenable situation. Allegations that Israeli forces have perpetrated grave human rights abuses (for example, in the Jenin refugee camp) have to be impartially investigated without delay, and – should they be substantiated – the guilty must be held accountable.

4.        On the Palestinian side, respect for human rights can also be legitimately questioned. The lacking clear condemnation of terrorism, and the mostly passive attitude of the Palestinian leadership in the face of deplorable attacks on Israeli civilian targets, also constitute violations of international humanitarian law. Allegations that forces under the authority of the Palestinian Authority are engaging in terrorist acts and inciting to violence have to be impartially investigated without delay, and – should they be substantiated – the guilty must be held accountable.

5.        The committee thus concludes that the observer status the Knesset enjoys with the Assembly should be re-considered, should the Knesset be found to be in flagrant violation of the Council of Europe’s fundamental ideals. Likewise, the granting to the PLC of a status permitting greater involvement in the Assembly’s activities should be contingent upon the PLC not being found to be in flagrant violation of the Council of Europe’s fundamental ideals.

II.       Amendments to be tabled on behalf of the committee to the draft resolution:

The committee proposes the following amendments in order to more fully reflect the Assembly’s preoccupations in the area of respect for human rights and international humanitarian law:

Amendment A:

In paragraph 15 c., insert the following words after “humanitarian organisations”:

      “, in particular, the ICRC and its national societies,”.Am

Amendment B:

In paragraph 15 c., add before the words “free access”:

      “immediate and”.Am

Amendment C:

In paragraph 23, insert the following words after “between the parties in the conflict”:

      “and concerning the respect of human rights and international humanitarian law”.Am

Amendment D:

In paragraph 23, insert the following words after “the political process”:

      “or the respect of human rights and international humanitarian law”.Am

Amendment E:

In paragraph 24, add at the end of the paragraph:

      “, provided that the PLC is not found to be in flagrant violation of the Council of Europe’s fundamental ideals.”Am

Amendment F:

After paragraph 24, add the following new paragraph:

      “The Assembly believes that the observer status the Israeli Knesset enjoys with it needs to be carefully re-examined. The Assembly decides to re-consider this observer status should the Knesset be found to be in flagrant violation of the Council of Europe’s fundamental ideals.” I

III.       Explanatory memorandum

      by Mr McNamara, Rapporteur

The report by the Political Affairs Committee is so complete that there is nothing much left to add. My main preoccupation lies with the lack of respect of fundamental human rights and international humanitarian law by both sides to the conflict, as explained above. I would add that the current situation can only worsen if recourse continues to be taken to armed force to suppress political dissent; this is the case everywhere in the world, not just in the Middle East. A political solution can only be found if both sides start respecting, once more, the fundamental ideals of the Council of Europe: democracy, human rights, and the rule of law (including respect for international humanitarian law).

Reporting committee: Political Affairs Committee

Committee for opinion: Committee on Legal Affairs and Human Rights

Reference to committee: Request for an urgent debate, Reference No 2714 (22 April 2002)

Opinion approved by the committee on 23 April 2002

Secretaries to the committee: Ms Coin, Ms Kleinsorge, Mr Ćupina

¹ See Doc 9421 tabled by the Political Affairs Committee.