Date : 4/19/2021 5:32:55 PM
From : "Cameron Brown"
To : "'MG Itai Verur'"
Cc : "Dr. Rephael Ben-Ari" , "conricus@idf.gov.il" , "Liad Diamond"
Subject : McCollum bill - marked up + list of statements to factcheck
Attachment : 2021 McCollum Bill - highlighted for response.pdf;51822_image001.png;


Dear Maj. General Veruv,

 

First of all, it was a pleasure to meet you last week. As I mentioned in our conversation last Tuesday, the issue of Israeli use of equipment obtained through US foreign aid is becoming a hot issue. The day after we met, on the eve of Israeli Independence Day, Congresswoman Betty McCollum introduced a bill that puts conditions on the use of aid. Although it is unlikely to gain a majority, her bill is very important because she is the chair of the Sub-committee on Defense Appropriations. Besides an attempt to change policy, it is a fair assumption that she is also attempting to put a spotlight on IDF actions.

 

Attached is a marked-up version of the bill, plus a boiled down list of questions that emerge from it.

 

I am writing you for two reasons. First, given your role as you explained in our conversation, I thought to make you aware and through you, other senior decisionmakers in the IDF.

 

Second, we are attempting to gather as many facts as we can in order to disprove what we believe are likely erroneous claims. We would appreciate your help in responding to some of the specifics Rep. McCollum raises in her bill. We understand some of these issues are better addressed by COGAT or the Justice Ministry—we are reaching out to them as well.

 

Some of these things may be more appropriate for a phone call / zoom / meeting – no need to put everything, or in fact anything, in writing.

 

Thanks

Cameron

 

 

 

 

 

Statements we are trying to factcheck:

Detention of children:

  1. In the Israeli-occupied West Bank, there are two separate and unequal legal systems, with Israeli military law imposed on Palestinians and Israeli civilian law applied to Israeli settlers. (SEC. 2. FINDINGS (2))
  2. The military detains 500-700 children between 12-17 every year. (SEC. 2. FINDINGS (5))
  3. The military court system lacks basic guarantees of due process in violation of international law. (SEC. 2. FINDINGS (5))
  4. Children under 12 are detained for interrogation for extended periods of time, (even though detention of children under 12 is prohibited by Israeli military law).  (SEC. 2. FINDINGS (6))
  5. Israel engages in the following practices against Palestinian children:
    1. Denying Palestinian children arrested and detained in the West Bank legal protections granted to Israeli children, including settlers (SEC. 2. FINDINGS (7))
    2. Interrogations without a guardian present. (SEC. 2. FINDINGS (7))
    3. Frequently using unnecessary force against children during arrest and physically abusing them in custody. (SEC. 2. FINDINGS (7))
    4. Nighttime arrests of Palestinian teenage boys as a measure of first resort for bringing them in for interrogation (SEC. 2. FINDINGS (8))

i.      (Is there an actual humanitarian issue associated with middle of the night arrests)?

    1. Every year, hundreds of Palestinian minors are picked up, handcuff and blindfolded, and transported to interrogation (SEC. 2. FINDINGS (9))
    2. Interrogating minors who have been deprived of sleep, food, or drink for hours. (SEC. 2. FINDINGS (9))
    3. Interrogating minors without giving them a chance to consult with a lawyer before the interrogation. (SEC. 2. FINDINGS (9))
    4. Not properly informing children of their rights by Israeli police (SEC. 2. FINDINGS (12))
    5. Under Israeli military law, children do not have the right to a lawyer during interrogation (SEC. 2. FINDINGS (12))
    6. Using threats, yelling, verbal abuse, and physical violence during interrogation in order to coerce confessions? (SEC. 2. FINDINGS (9,12))
    7. 135 children were held in isolation for an average of 15 days. (SEC. 2. FINDINGS (12))
  1. There is a policy of administrative detention in which a child be imprisoned indefinitely without charge or trial, by the order of a military commander or other government official. (SEC. 2. FINDINGS (10))
    1. 37 children have been detained in administrative detention since October 2015. (SEC. 2. FINDINGS (11))
  2. Amendments to Israeli military law concerning the detention of Palestinian children have had little or no impact on the treatment of children during the first 24 to 48 hours after an arrest, when the majority of their ill-treatment occurs. (SEC. 2. FINDINGS (13))

 

Demolition or transfer of Palestinian civilians (civil administrative reasons)

  1. Homes are demolished unlawfully and Palestinian civilians are transferred forcibly (SEC. 2. FINDINGS (14))
  2. The destruction of property in an occupied territory is prohibited under international humanitarian law, unless absolutely necessary for military operations. (SEC. 2. FINDINGS (15))
  3. Since 1967, Israel has demolished over 48,000 structures/24,000 homes. (SEC. 2. FINDINGS (16))
  4. Palestinian properties are subject to demolition or confiscation as part of Israeli-imposed planning and zoning regimes in Area C and East Jerusalem and other parts of the West Bank, and subject to punitive demolition following an incident of violence against Israeli military and police forces, settlers, or other civilians. (SEC. 2. FINDINGS (17))
  5. Palestinians are required to obtain Israeli issued building permits and the lack of permits is typically cited as the reason for demolitions or confiscations, even though, due to the restrictive and discriminatory Israeli planning regime, Palestinians are overwhelmingly denied permits and therefore forced to build without the necessary permits. (SEC. 2. FINDINGS (18))
  6. From 2016-18, 98.6% of 1485 building permit applications by Pals in Area C were rejected. (Only 21 approved) (SEC. 2. FINDINGS (19))
  7. Palestinians are only allowed to build in less than 1% of Area C and 15% of East Jerusalem. (SEC. 2. FINDINGS (20))
  8. Palestinian homes and structures in Area C and East Jerusalem are often demolished with little notice. (SEC. 2. FINDINGS (21))
  9. During 2020, Israel seized/demolished 851 structures in the West Bank and East Jerusalem, displacing over 1001 Palestinians as a result, including over 524 children. (SEC. 2. FINDINGS (22))
  10. Military orders and other legislation are used in order to prevent or limit the ability of Palestinians to legally challenge the targeting of these structures in Israeli courts. (SEC. 2. FINDINGS (23))
  11. 53 Schools attended by 5,200 children in the West Bank are currently subject to demolition orders issued by Israeli authorities (SEC. 2. FINDINGS (24))