Presbyterian Overture - Chicago: On Pursuing a Culture of a Just Peace in Israel and Palestine

RECOMMENDATION

The Presbytery of Chicago respectfully overtures the 218th General Assembly (2006) to do the following:

    1.    Call for a culture of a just peace in the Holy Land for Israeli Jews and Arabs, and for residents of the West Bank and Gaza. Such a peace was described on December 10, 1948, by the United Nations General Assembly in the "Universal Declaration of Human Rights,"and subsequently in the Fourth Geneva Convention 1949, and includes provision for:

   •    equal access to a violence-free life,
   •    rights of citizenship,
   •     honoring of property rights,
    •    freedom of movement,
    •    preservation of homes and granting of building permits,
    •    maintaining family relationships,
    •    equitable benefits of natural resources,
    •    access to health care and education and economic livelihood,
    •    free flow of information,
    •    due process under law, and
    •    freedom of worship.

    2.    Call upon the president of the United States, the Congress, and all elected officials, to support actions in Israel and Palestine that are in accordance with these internationally agreed-upon principles.

    3.    Approve a two-year period of study of the United Nations Declaration on Human Rights and encourage study with appropriate study guides for the churches, colleges and universities, women's and men's associations, and youth ministries during 2008-2010.

    4.    Call on our fellow Presbyterians to work together towards pursuing a culture of a just peace in 2008 and beyond in several ways:

        a.    Call for end to occupation and its conditions in accordance with international law to

            (1)    stop home demolitions and other forms of collective punishment against civilian populations;

            (2)    end the expansion of illegal settlements and withdraw from those established throughout the occupied territories;

            (3)    relocate the wall/separation barrier on the 1967 green line;

            (4)    End the violence by all parties.

        b.    Talk honestly about and encourage an open and honest discussion of the two-state solution with a shared Jerusalem, the right of return of Palestinian refugees and related issues, oppose military solutions to what is essentially a political problem, and encourage diplomacy and other nonviolent methods.

        c.    Inform and mobilize leaders at all PC(USA) judicatory levels to support actions in Israel/Palestine that are in accordance with these internationally agreed upon principles and make them known to U.S. elected officials.

        d.    Support the Mission Responsibility Through Investment (MRTI) Committee recommendations to the General Assembly, as established through previous General Assembly resolutions (Minutes, 2006, Part I, p. 976).

RATIONALE

"...[And] they shall beat their swords into plowshares, and their spears into pruning hooks; nation shall not lift up sword against nation, neither shall they learn war any more; but they shall all sit under their own vines and under their own fig trees, and no one shall make them afraid; for the mouth of the Lord of hosts has spoken" (Mic. 4:3-4)

In the face of the abiding need for a faithful response to Jesus' call that we be peacemakers, following the vision of God's shalom/just peace, and aware of the changes that constantly occur in Israel-Palestine,the Presbytery of Chicago made the above recommendations.

Consideration of Israel-Palestine through the lens of the Universal Declaration of Human Rights is appropriate because the principles were adopted shortly after the creation of the state of Israel; in fact, Israel's creation provided the impetus for the Universal Principles. The PC(USA) has supported the Fourth Geneva Conventions and the applicability of human rights and international law to the Israeli-Palestinian conflict since its initial resolutions on the Middle East in 1948.

Further, the Book of Order, Chapter III, "The Church and Its Mission," directs the Church to be Christ's faithful evangelist" in G-3.0300c(3):

(3)    participating in God's activity in the world through its life for others by
        (a)    healing and reconciling and binding up wounds,
        (b)    ministering to the needs of the poor, the sick, the lonely, and the powerless,
        (c)    engaging in the struggle to free people from sin, fear, oppression, hunger and injustice,
        (d)    giving itself and its substance to the service of those who suffer,
        (e)    sharing with Christ in the establishing of his just, peaceable, and loving rule in the world.

and G-3.0400

The Church is called to undertake this mission even at the risk of losing its life, trusting in God alone as the author and giver of life, sharing the gospel, and doing those deeds in the world that point beyond themselves to the new reality in Christ.

Within the body of international and human rights law ¹ that have been adopted by the United Nations General Assembly are the following:

    •    The Universal Declaration of Human Rights (1948): "no one shall be arbitrarily deprived of his/her property; [Article 17, 2].

    •    The UN General Assembly Resolution 194 (December 11, 1948): Proposes that refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property.

    •    Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War (1949): Note: Both Israel and the U.S. are High Contracting Parties to the Fourth Geneva Convention.

—"Protected persons" ... shall at all times be humanely treated, and shall be protected especially against all acts of violence."(Article 27)

—"No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties."(Article 31)

—"No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited."(Article 33)

—"Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory. (Article 47)

—"Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country occupied or not, are prohibited, regardless of their motive... The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies."(Article 49)

—"The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children."(Article 50)

—"Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the state, or to other public authorities, or to social or cooperative organizations, is prohibited."(Article 53)

—"To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining...the medical and hospital establishments and services, public health and hygiene in the occupied territory. ...Medical personnel of all categories shall be allowed to carry out their duties."(Article 56)

—"The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities."(Article 58)

—"Accused persons who are prosecuted by the Occupying Power shall be promptly informed in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. (Article 71)

—"High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grace breaches of the present Convention as defined in the following Article. (Article 146)

—"Grave breaches ... shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body and health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages an extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly."(Article 147)

—"No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article."(Article 148)

• Protocol Additional to the Geneva Conventions of August 12, 1949 'Protocol 1': "Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians."(Article 79)

• International Covenant on Civil and Political Rights of 1966

—"Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence."(Article 12:1)

—"Everyone shall be free to leave any country, including his own."(Article 12:2)

• International Covenant on Economic, Social and Cultural Rights of 1966

—"All peoples have the right of self-determination. By virtue of this right they freely determine their political status and freely pursue their economic, social and cultural development."(Article 1:1)

—"All Peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit and international law. In no case may a people be deprived of its own means of subsistence."(Article 1:2)

—"The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely choose or accepts, and will take appropriate steps to safeguard this right."(Article 6)

—"The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health."(Article 12)

—"The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms."(Article 13)

• UN Security Council Resolution 242 of November 22, 1967,

—Emphasizes "the inadmissibility of the acquisition of territory by war and the need to work for a just and lasting peace in which every State in the area can live in security."

—Affirms that the fulfillment of Charter principles requires the establishment of a just and lasting peace in the Middle East which should include the application of both the following principles: (i) Withdrawal of Israeli armed forces from territories occupied in the recent conflict; (ii) Termination of all claims or states of belligerency and respect for and acknowledgement of the sovereignty, territorial integrity and political independence of every State in the area and their right to live in peace within security and recognized boundaries free from threats or acts of force...

—Affirms further the necessity ..."For achieving a just settlement of the refugee problem."

• UN Security Council Resolution 267 of July 3, 1969: "The Security Council ... reaffirming the established principle that acquisition of territory by military conquest is inadmissible ... censures in the strongest terms all measures taken to change the status of the city of Jerusalem; confirms that all legislative and administrative measures and actions taken by Israel which purport to alter the status of Jerusalem, including expropriation of land and properties thereon, are invalid and cannot change that status."

• UN Security Council Resolution 338 of October 22, 1973

—Calls upon the parties concerned to start immediately after the cease-fire the implementation of Security Council resolution 242 (1967) in all of its parts; (Item 2)

—Decides that, immediately and concurrently with the cease-fire, negotiations shall start between the parties concerned under appropriate auspices aimed at establishing a just and durable peace in the Middle East. (Item 3)

• Applicability to Israel-Palestine:

—UN Security Council Resolution 465 of March 1, 1980:

-Affirms once more that the Fourth Geneva Convention relative to the Protection of Civilian Persons in Times of War, of August 12, 1949, is applicable to the Arab territories occupied by Israel since 1967, including Jerusalem,

-Deplores the decision of the Government of Israel official (to) support Israeli settlements in Palestinian and other Arab territories occupied since 1967,

-Takes into account the need to consider measures for the impartial protection of private and public land, property, and water resources,

-Bears in mind the specific status of Jerusalem and, in particular, the need for protection and preservation of the unique spiritual and religious dimension of the Holy Places in the city,

-Draws attention to the grave consequences which the settlement(s) policy is bound to have on any attempt to reach a comprehensive, just and lasting peace in the Middle East,

-Strongly deplores the continuation and persistence of Israel in pursuing those policies and practices and calls upon the Government and people of Israel to rescind those measures, to dismantle the existing settlements and in particular to cease, on an urgent basis, the establishment, construction and planning of settlements in the Arab territories occupied since 1967, including Jerusalem.

-Calls upon all States not to provide Israel with any assistance to be used specifically in connection with settlements in the Occupied Territories.

—UN Security Council Resolution 681 of December 20, 1990 ²

-Expresses grave concern at the dangerous deterioration of the situation in all the Palestinian territories occupied by Israel since 1967, including Jerusalem, and at the violence and rising tension in Israel...

-Calls upon the High Contracting Parties to the Fourth Geneva Convention of 1949 to ensure respect by Israel, the occupying Power, for its obligations under the (Fourth Geneva) Convention.

¹ The information explaining the import of each Resolution or Document of the United Nations was provided by the Rev. Alex Awad, Dean of Students at Bethlehem Bible College, in Bethlehem, Occupied Territories. Rev. Awad is a Palestinian Christian.

² UN Security Council Resolutions also presented, but vetoed by the U.S.A.:

-UN Security Council draft Resolutions vetoed by U.S.A. pertaining to Israeli settlements and land confiscation. From 1976 to 2001 there were seven Resolutions; the U.S.A. veto was the only "no" vote.
-UN Security Council draft Resolutions vetoed by U.S.A. pertaining to implementation of Fourth Geneva Convention (protection of civilians in time of war, where settlements are illegal). From 1982 to 2001, there were twelve resolutions, all vetoed by the U.S.A. and no other country.

COMMENT

Advice and Counsel on Item 11-02—From the Advisory Committee on Social Witness Policy (ACSWP).

      The Advisory Committee on Social Witness Policy (ACSWP) advises that the overture be approved as amended below:

      1.   Amend Recommendation 3. as follows: [Text to be deleted is shown with brackets and with a strike-through; text to be added or inserted is shown with brackets and with an underline.]

      “3. [Approve a two-year period of study of the United Nations Declaration on Human Rights and encourage study with appropriate study guides for the churches, colleges and universities, women’s and men’s associations, and youth ministries during 2008-~~2010.~~] [Encourage the inclusion of the UN Declaration of Human Rights in study materials produced by the General Assembly Council (GAC) related to human rights, Israel/Palestine, and other countries where rights are being denied, and direct the GAC’s own study process, if approved, to include consideration of this historic statement, the 60th anniversary of which is celebrated this year (2008).]”

      2.   Add new Recommendations 4.e. and 5. as follows: [Text to be deleted is shown with brackets and with a strike-through; text to be added or inserted is shown with brackets and with an underline.]

           “[e. Support measures to ensure academic freedom within colleges, universities and seminaries to allow professors and students to examine justice issues related to Israel and Palestine.

     “[5.            Commend the presbytery for assembling relevant humanitarian law and direct that it be printed with the overture in the Minutes and considered in any GAC study process.]”

Rationale

The Presbytery of Chicago, in forwarding this overture, appends documents that in a way parallel the testimony and social policy of the church over the past sixty years. The church’s witness has been based in the message of Jesus of Nazareth, expressed in solidarity with Christians in the Middle East, in great sympathy for the Jewish community so often victimized in history, and in an insistence on the full humanity of Muslims as well as Christians and Jews. At the same time, our faith is a universal faith and sees points of contact with the universal elements of human rights law and its search for application in every country where human beings are treated on a differential basis.

The amendments recommended relate to the overture’s realistic Recommendation 4.b., “talk honestly about and encourage an open and honest discussion of the two-state solution with a shared Jerusalem . …” Talking honestly is difficult when there is fear of retaliation or political pressure, from any angle. Most Presbyterians are undoubtedly aware of the role of organized pressure groups of varying strengths on all sides of issues in the Middle East, including support or opposition to the Iraq war. A recent case, out of a number that could be listed, is that of anthropologist Nadia Abu El-Haj having her tenure at Barnard contested on the basis of her Palestinian background and misrepresentations of her work. She was in fact awarded tenure in a rigorous process, but faced large-scale, organized opposition from nonacademic sources, as detailed in these two articles: www.nytimes.com/2007/11/03/nyregion/03barnard.html, and www.newyorker.com/reporting/2008/04/14/080414fa_fact_kramer.

Challenging powerful interests is always controversial, but voices inside and outside the church have been increasingly raised to wonder whether the “two-state” solution is still viable at all. In the most recent period, the U.S. government has begun to recognize the destructive role played by the continued “impasse” between Israel and Palestine, an impasse hardened by the cut off of Hamas-run Gaza and the continued construction of settlements and the “wall,” or security barrier that largely follows their footprint. This economic stranglehold has led to shocking levels of malnutrition among Palestinians in the fragmented West Bank as well as in Gaza, which is still affected by a cycle of rocket-firing, assassinations, food and power cut-offs, and incursions. Putting these matters in the context of international law does not answer all questions about how the church itself should proceed, especially when the interfaith nature of the conflict most requires informed Christian voices, persons seeking God’s presence even in places of suffering and hatred.

Comment on Item 11-02—From the General Assembly Council.

The General Assembly Council affirms the concern shown by the Presbytery of Chicago for the people of Israel and Palestine. The overture brings together two significant themes within General Assembly statements on Israel and Palestine.

General Assemblies have consistently affirmed the right of Israel to exist as a sovereign state within secure, internationally recognized borders and the right of the Palestinians to self-determination, including the right to the establishment of a neighboring independent, sovereign state, toward the end of establishing a just and durable peace in the region.

General Assemblies have also consistently expressed concern for the human rights of Palestinians and Israelis, affirming the role of the United Nations and international community as well as international documents and United Nations declarations, conventions, and resolutions in achieving that just peace.

In response to referral Item 11-01, Recommendation #5, by the 217th General Assembly (2006), the General Assembly Council is forwarding to the 218th General Assembly (2008) a report that includes a recommendation for a study that would address matters raised by this overture.