Sde Teiman Massacre: Is Israel Heading Towards Accountability? | Politics

The storming of the Sde Teiman camp in the Negev by far-right Israeli protesters, backed by current ministers and Knesset members, after investigating soldiers accused of torturing prisoners from Gaza to death, has sparked widespread controversy over the extent to which the occupation army and its security institutions adhere to the rules of detention and investigation.

The Israeli military police had arrested 10 soldiers from the camp to investigate them on charges of torturing prisoners from Gaza to death, and the accused soldiers refused to cooperate with the military police.

This storming incident shed light on the situation of Palestinian prisoners in general and those detained from Gaza in particular, as international reports and testimonies from people who were released revealed the horrific conditions to which they are subjected in detention centers, especially in the “Sde Teiman” camp.

As we said, the incident also raised questions about how seriously Israel takes the accusations that its army and security institutions practice brutal torture against Palestinian prisoners. Will the formation of an internal investigation committee or taking formal measures replace the formation of international investigation committees? Or is the whole thing a poorly directed farce exposed by a stupid far right?

An Israeli investigation committee, headed by retired judge Ilan Schiff, revealed the difficult conditions under which Palestinian detainees from the Gaza Strip are subjected in the Sde Teiman camp in southern Israel, and recommended closing the prison and transferring the detainees to the Israeli Prison Service.

First: The legal status of Palestinian prisoners

The occupying power refuses to treat Palestinian combatants under the Third Geneva Convention, on the grounds that the status of prisoners of war applies only to members of the armed forces and members of organized resistance movements of a party to the conflict. Since Palestinian fighters do not belong to any state, they are not eligible for the legal status of prisoners of war as unlawful combatants. Under Israeli law, all that is required to detain them in prison is an arrest order signed by the Chief of Staff.

Dozens of Palestinians from the Gaza Strip were arrested under this law during the Israeli aggression in 2008, and thousands were arrested after October 7. It does not require military operations to cause arrests. The Israeli occupation authorities use administrative detention extensively and routinely, and over the years thousands of Palestinians have been detained for long periods without being able to defend themselves against secret allegations against them.

On March 1, 2023, the Knesset plenum approved in a preliminary reading a proposed penal code that would impose the death penalty on Palestinian prisoners, backed by the Religious Zionism party led by Bezalel Smotrich. This bill is one of the provisions of the coalition agreement with the Likud party headed by Benjamin Netanyahu and the Jewish Power party led by Itamar Ben-Gvir.

Although the law was not passed, and was considered populist by Israeli political circles, it creates a fertile environment for organized violence and torture against Palestinian prisoners and detainees. Just as the Israeli Defense Minister’s description of the residents of the Gaza Strip as human animals means one thing to soldiers or jailers: that they must be killed, either by bombing, starving, or torturing to death.

Second: The “Sidi Timan” human rights massacre

An Israeli investigation committee, headed by retired judge Ilan Schiff, revealed the difficult conditions under which Palestinian detainees from the Gaza Strip are subjected in the Sde Teiman camp in southern Israel, and recommended closing the prison and transferring the detainees to the Israeli Prison Service.

There have also been numerous reports of the conditions of detention of detainees in this camp, where they are kept handcuffed and blindfolded in makeshift facilities that lack appropriate conditions. Cases of assault and torture are increasing against them, including a sexual assault carried out by an Israeli soldier against one of the detainees. This camp was surrounded by a great deal of secrecy and concealment until it was finally exposed. Israel prevented the International Committee of the Red Cross from visiting it and examining the conditions of the detainees, estimated to number in the hundreds.

It is noteworthy that the investigation into the Sde Teiman massacre came after a petition submitted to the Supreme Court by Israeli human rights organizations: the Association for Civil Rights in Israel, Physicians for Human Rights, the Center for the Protection of Individuals, the Committee Against Torture in Israel, and Gisha-Mislah (an organization that demands freedom of movement for Palestinians in the occupied territories). The Supreme Court ordered the closure of the camp, the cessation of torture of prisoners, and their transfer to the Negev prison “Ketziot”.

The documented testimonies of what is happening in the camp against prisoners and detainees are horrific and reveal that the torture practiced there is systematic and brutal in a way that has not been recorded in the harshest prisons in the world, such as Guantanamo or Abu Ghraib.

The prisoners in this prison were held in iron cages in open desert areas without providing the minimum humane conditions. The field hospital in the camp did not provide them with the necessary medical care. Some of the wounded prisoners underwent surgery without anesthesia, and the iron shackles caused the amputation of some of their limbs. Reports also indicated that the prisoners were subjected to beatings, abuse and torture not based on suspicion or intelligence information against them, but in retaliation for the October 7 operation. At least 48 prisoners were martyred as a result of this torture, most of them from Gaza.

Human Rights Watch has revealed some forms of torture, which do not exclude children, including tying up their limbs while they are naked so that soldiers can take photos and videos of them and post them on social media. The organization described these acts as “inhuman treatment and outrages upon personal dignity,” stressing that they amount to war crimes and sexual violence.

Blocking any international investigation

The Israeli Supreme Court’s decision to close the camp raises many questions about its seriousness and Israel’s genuine desire to respect international rules. Many observers consider the judicial system one of the occupation’s tools for legalizing detention and torture, while turning a blind eye to thousands of administrative detention orders, home demolitions, and the construction of the racist separation wall. What prompted it to change this approach and take such a decision?

The answer lies in the principle of “complementarity”, which is the cornerstone of the Statute of the International Criminal Court. This principle stipulates that priority in resolving disputes is given to national courts, and in the event that national courts are unable or refuse to exercise their jurisdiction, jurisdiction is transferred to the International Criminal Court as a complementary jurisdiction. This principle draws the boundaries between the jurisdiction of national and international criminal courts, and raises questions about the role of the court in monitoring national courts, its relationship to national laws, its impact on sovereignty, and the principle of no double jeopardy.

Accordingly, the Supreme Court’s decision to close the camp and distribute the prisoners to official prisons, and then send the military police to the Sde Teiman camp to interrogate accused soldiers, suggests that Israel is serious about investigating the violations and imposing appropriate penalties to prevent further violations. The storming of the center by extremists also suggests that the violations are individual and not systematic, and here is the State of Israel investigating.

This behavior, as much as it reflects the cunning of successive Israeli governments in circumventing international law, is also ridiculous. Israel’s history with investigations and committees is long, and hardly any of them are finished or reach a conclusion. This is nothing more than a waste of time and an attempt to obscure the truth and obstruct justice.

Will the crime of “Sidi Timan” go unpunished then?

In theory, there is a possibility of holding senior officials and military leaders criminally liable, either in an Israeli court or through the International Criminal Court. However, in practice, we know that in May 2023, the ICC Prosecutor requested the issuance of arrest warrants from the Pre-Trial Chamber against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Galant, but these warrants have not yet been officially issued. And it will remain that there are accomplices to this crime among officials who chose to ignore it and not open investigations in a timely manner.