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For more than a decade, dozens of multinational corporations have been sued in federal courts in the United States for alleged human rights violations under the so-called Alien Tort Statute. Now these suits may be over.
In August, a U. The decision by the New York-based Second Circuit Court of Appeals will be welcomed by multinationals as well as by many foreign governments, who have protested that U. The three-judge panel ruled that corporations, unlike individuals, may not be subject to criminal and civil liability for violations of international law.
The suit was brought under the year-old Alien Tort Statute, which gives U. The law was virtually unused until when the Second Circuit ruled that the law could be used by non-U. This initial decision unleashed a wave of suits against Chinese, Israeli, Serb and other government officials for alleged extrajudicial killings, torture and other atrocities in their home countries.
Beginning in , human rights groups launched a new wave of suits against U. Suits have also been brought against Coca Cola, Pfizer, Caterpillar and Yahoo for actions in Columbia, Nigeria, Gaza, and China, and against more than 30 companies that did business in apartheid-era South Africa.
Few of these suits have resulted in judgments, but several companies have agreed to large settlements to avoid expensive litigation and reputational harm. Although the Alien Tort Statute was originally intended to prevent diplomatic friction between the United States and other countries, its application to foreign government officials and foreign corporations has caused significant diplomatic tensions for the U. The mental health disorders we see in the West Bank are in many ways a reflection of the dynamics of the conflict.
Violence peaked in the second part of the year, following the abduction and killing of three Israeli youths and the retaliatory killing of a Palestinian youth in East Jerusalem in July. The number of child casualties recorded in the West Bank caused by Israeli forces increased sharply: 13 were killed in , compared to four in , the highest number since Palestinian attacks against Israeli civilians mostly settlers and security forces also rose in , with Israeli fatalities increasing from four to In mid, Israel resumed the practice of punitive demolitions throughout the West Bank, after an almost complete halt for the previous nine years.
This practice targets the family homes of perpetrators, or alleged perpetrators, of attacks against Israeli civilians and security forces. Four houses were destroyed and one was sealed in , displacing at least 27 people, amounting to a collective punishment.
Residents of Hebron, in the south of the West Bank, endure indignities that are as relentless as they are intimate. Violence between Palestinian and Israeli communities breaks out on a daily basis. Settlers had draped the Israeli flag over the central mosque. The day after a Palestinian teenager stabbed an Israeli soldier and then was killed.
On the top of a hill overlooking the old city, I met a Palestinian woman, a patient at our counseling program. Afflicted with diabetes, hypertension, and poor circulation, she has been in and out of the public hospital for several years.
After having caught my breath from scaling the hill to her home, I listened as she told me how her family has lived here for more than 70 years, and how, in , a settlement was built in the area just outside her front door. Since , she and her family have not been able to use their front gate. Instead, when she needs to go to the hospital — or has to leave her house at all — she has to leave through her back door and walk down a dirt path littered with trash from the settlement — a path that floods when it rains — to reach either an ambulance or her latest, beaten-up car her five previous vehicles were destroyed by settlers.
To get to the market, a trip that used to take her five minutes, her daughter now must take a circuitous route that takes nearly half an hour. The IDF recently told her she was no longer allowed to connect to the municipality's sewage line as well. Her daily torments are not uncommon in Hebron. Hebron's Palestinian population is estimated to be , compared with Israeli settlers. Yet more than 4, IDF soldiers are stationed in the city to protect the settler population.
There are more than physical obstacles, including 18 permanently staffed checkpoints, in the over 20 percent of Hebron City, known as H2, where Israel continues to exercise full control over the freedom of movement of the Palestinian population.
As I prepared to leave her home, she whispered to me through our translator, "I have been to Chicago but never to Gaza. She's not alone. Palestinians living in the ever-shrinking livable tracts of the West Bank are almost universally forbidden from traveling to Gaza. Seventy-one Israelis were killed, according to the Israeli government, including five civilians. According to the U. Independent Commission of Inquiry into the Gaza conflict, 2, Palestinians were killed, including 1, civilians, of whom were women and were children.
Some 11, Palestinians were also injured , including 3, women and 3, children. During the war, medical facilities, transports, and personnel were repeatedly attacked. To prevent patients from having to return to the clinic during the bombardment, a dressing kit was given to each patient for self-care. The vast majority of the wounded were treated by Palestinian medical personnel and transported at great risk, as the casualties attest, by Palestinian Red Crescent aid workers to the network of public health facilities in Gaza.
Additional MSF surgical and emergency teams that were able to enter Gaza the first week of the conflict immediately got to work in the main surgical units, intensive care unit, and ER in al-Shifa and Nasser hospitals. MSF teams were also able to support the burn unit in al-Shifa hospital, operating on more than 80 patients in August. Due to the massive influx of patients in July it was impossible to keep exact records of the numbers of patients treated.
A cease fire was eventually signed, but the casualties of the war are still mounting. On May 15, , more than 50 people were injured when unexploded ordinance blew up in the Beit Lahia neighborhood located in the north of the strip. Teetering atop half demolished buildings, Palestinians are reduced to scavenging rebar and copper wire from piles of wreckage. Anything they can reuse is valuable given the ongoing Israeli blockade of Gaza, which was bolstered last October when Egypt closed the Rafah Crossing in southern Gaza and destroyed the smuggling tunnels that ran beneath it, which had provided a lifeline to Gazans.
Even wood for construction is now considered as dual-use material, and, therefore must be processed through the Israeli security mechanism. Sand is used to thicken what small amount of cement has gotten into Gaza. The human costs of this status quo are real. MSF clinics in Gaza City and Khan Younis are full of children who suffered severe burns in household cooking accidents in home damaged during the war.
Some of our patients have been burned from explosions caused by the use of unsafe home heating products. In April, 70 percent of total cases treated at MSF facilities in Gaza were burn victims with 65 percent being children under the age of She is one of many.
The backlog of reconstructive surgical cases now reaches And for those amputees lucky enough to return to an undamaged home, daily life will still be incredibly precarious. Imagine trying to steer a wheelchair down a street lined with huge chunks of shattered buildings. Nearly a year after the war both sides continue to dispute the casualty counts, but what MSF can attest to is the clear preponderance of children under 18 who make up the list of patients requiring war-related surgeries and physiotherapy.
Our teams see them daily—and struggle to manage their pain given the ban by Hamas that was placed on many prescription pain killers here due to the high rates of addiction in Gaza. At our post-operative clinic in Gaza City, screams emanate from children receiving wound dressings for their burns, without the benefit of any pain killers.
The scene is yet another example of how the suffering inflicted from latest war here continues to exact a toll on Palestinians. And it lays bare the visceral and excruciating limits of humanitarian action in the face of the occupation. A frightening, miserable sort of normalcy, bereft of hope or future prospects, has set into daily life in Gaza. War is thought to be almost as inevitable as the passing seasons. A year-old child here has seen war four times in his or her lifetime.
And with each war the toll escalates: 12, houses were totally destroyed in compared to 3, homes in Gazans continue to demonstrate their resiliency in the midst of it all. Rockets are again being tested and fired from Gaza into Israel, drawing thunderous responses from the Israelis.
These violent acts — called acts of resistance on one side and terrorism on the other — serve to reinforce the acceptance of a policy of separation and isolation of Israelis and Palestinians, and the further de-humanization of the "others," a dynamic that has only accelerated since the second intifada.
In recent weeks, small improvised explosive devises have been set off in the streets of Gaza at night and in the morning. Petty crimes are on the rise, too, as the noose — man-made and natural — continues to tighten around Gaza. In less than a year it is expected that the Mediterranean will penetrate Gaza's lone aquifer and make it undrinkable, while its fishermen are regularly strafed by the Israeli coastguard.
Things are so absurd in Gaza that the destruction of the smuggling tunnels — used for transporting weapons as well as less sinister goods needed for daily life — was often denounced by aid officials and diplomats to me during private meetings rather than the circumstances that made them necessary in the first place.
Yet even this modest life support seems under threat. As of late April, an analysis of bilateral and multilateral aid commitments following the war revealed that donors had given only Of this new aid, just Meanwhile, the "facts on the ground" continue to deteriorate in Gaza and the West Bank alike.
Today, Palestinians can only inhabit less than 40 percent of the West Bank. And the shrinking space and freedom of movement of Palestinians is expected to worsen. Plans are afoot to relocate Bedouin communities to an area north of Jericho and to open an East-West corridor, inaccessible to Palestinians, stretching from East Jerusalem to the Dead Sea, essentially cutting the West Bank in half.
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