Author: Alice Garcia

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Newsletter

November Updates on the Defence of Palestine Solidarity in Europe

Dear Friend,

In the past month, we’ve fought some crucial battles and secured a number of legal victories, which we bring to you in this month’s newsletter, along with some useful resources to continue mobilising for Palestine.

CASE UPDATES

Supporting Palestinians’ Right to Resistance is protected under Free Speech: Dana Abu Qamar Wins Landmark Tribunal Victory

READ MORE HERE

This decision comes after court documents showed that then-Immigration Minister Robert Jenrick personally intervened in the matter, enquiring with the Home Office whether it would be “possible to revoke her student visa”.  Amid a government crackdown, this is a massive win for the Palestine solidarity movement and a blow to the British government’s shameless attempts to criminalise protestors and bully them into silence.  

We are calling on supporters like you to join us in this fight for justice. Your donation, no matter how small, will make a difference in supporting our efforts to hold the Dutch state accountable for violating its Genocide Convention obligations and for failing to take effective measures to bring an end to Dutch trade and investment relations that help maintain Israel’s ongoing colonisation of Palestinian land.  

FOR MORE FROM DANA READ HERE

Your solidarity made this victory possible! Please consider donating to support Dana with covering her legal costs and amplify her story here and here.

ELSC Warns Aachen University in Germany About Direct Involvement in Crimes Against Humanity in Palestine     

On 30th September, the ELSC warned the Rheinisch-Westfälische Technische Hochschule Aachen (RWTH) in an open letter to comply with its obligations to prohibit genocide and apartheid and cut its cooperation agreements with the Israeli Technion University which is directly involved in crimes against humanity in Palestine. 

Technion is known for its close ties with the Israeli military industries. It conducts research and development in fields such as robotics, drones, and cybersecurity, which are then deployed by the Israeli military. The RWTH Aachen University and Technion are connected on multiple levels and have a partnership agreement, which provides academic and scientific cooperation for military applications. 

Find out more here

In the face of such blatant complicity, students at the University, organised as Students for Palestine Aachen, have been holding a protest camp against genocide on campus since May 2024 to demand an end to the cooperation with Technion. You can support the students by signing and amplifying their petition, and donating to their fundraiser. 

Share on Instagram in Arabic, German, and English. 

Shahd Abusalama Secures Important Victory in Her Long-Running Battle Against Sheffield Hallam University 

Palestinian academic Dr. Shahd Abusalama has secured a significant settlement with Sheffield Hallam University (SHU) after it was revealed the university shared confidential and derogatory information about her with third parties. Dr. Abusalama faced a smear campaign and was close to losing her teaching position at SHU. Her case reveals how universities, under the guise of “institutional neutrality” or “protecting” the welfare of Jewish students and staff, have cracked down on Palestine solidarity across campuses, even collaborating with discredited outlets like the Jewish Chronicle. 

READ MORE HERE

Shahd’s victory underscores the power of solidarity against unjust silencing tactics targeting advocates for Palestine in Europe. These tactics often leverage the controversial IHRA Working Definition on Antisemitism, adopted by SHU last year.

Share on Instagram and X

Dutch State to Answer In Court For Failing to Prevent Gaza Genocide 

On 22 November, we will present our case in court, urging the Dutch State to cut all ties supporting genocide, occupation, racial discrimination and segregation, and violence against the Palestinian people.

READ MORE HERE

In the legal action, first announced on 10 October 2024, our coalition of Palestinian and Dutch organisations demand: 

  • A ban on the export and transit of weapons, weapon parts, and dual-use items to Israel; 
  • A ban on all trade and investment relations that help maintain Israel’s illegal occupation, racial discrimination, segregation, and settlements.  

The coalition emphasises that the findings of the International Court of Justice (ICJ) in respectively January 2024 and July 2024 are clear: Israel is plausibly committing genocide against Palestinians in Gaza, and Israel’s presence, policies, and practices in the Occupied Palestinian Territory are unlawful.

We expect the judge to give a verdict within weeks following the hearing. In simple cases, a decision can come after one week while more complex cases require additional time. 

Support the case by sharing our social media posts in English and Dutch.

DOnate to support the case

SUPPORT THE LEGAL AID FUND

Setting up a small monthly donation to our legal aid fund can go a long way to ensure ELSC’s stability and security at this critical time where we face an all-time-high number of repression cases. We cannot do this alone, and we need your help to continue supporting the movement!  

JOIN THE ELSC COMMUNITY OF SUPPORTERS

ELSC EVENTS

ELSC’s Community Event in Italy

On 6 November in Milan, the ELSC in collaboration with Voice Over Foundation, Base Milano and Darna organised a community event entitled ‘Palestine, freedom of expression and the future of protest: Strategies and tactics to protect the solidarity movement’. It was an important moment to reflect on the movement in solidarity with Palestine in Italy and the challenges and difficulties it has encountered over the past year. More than 100 people participated in the discussion and shared vital reflections on tactics and strategies to open new spaces for collective mobilisation.

Our Senior Legal Officer managing impact litigation work at ELSC Daan will be speaking at an interdisciplinary panel discussion that critically examines the European Union’s legal obligations and evolving stance towards Palestine. This event will explore the complex intersection of international law, international relations, and humanitarian concerns within the context of EU-Palestine relations. 

register here

ELSC IN THE MEDIA

On 29 October 2024, we filed an emergency motion with the Berlin Administrative Court (Verwaltungsgericht Berlin), requesting that the court mandate the German government to stop the delivery of military RDX explosives to Israel, which are currently being transported on the German cargo ship MV Kathrin. Berlin-based lawyer Ahmed Abed, member of the ELSC’s network of lawyers in Germany, filed the urgent appeal on behalf of three Palestinians in Gaza, asking the German government to protect their right to life. 

READ MORE ABOUT IT HERE AND HERE  

Journalist Hannah El-Hitami spoke to ELSC lawyers Nadija and Alexander about our work, and Germany’s weaponisation of racist policy, surveillance, and law enforcement to repress solidarity with Palestine.

read the full feature

Our legal battle to hold companies like Booking.com accountable, which are complicit in and enabling ongoing Israeli settler colonialism, is still ongoing. Read more about it in this recent coverage in Dutch.  

RESOURCES OF SUPPORT

We at the European Legal Support Center (ELSC) stand in solidarity with the people in Amsterdam standing up against the genocide perpetrators, supporters, and vicious police force unleashed on the streets of Amsterdam over the past week. Allow us to remind you to: 

  • Report all incidents of repression and request support by filling out this form, available in Dutch, Arabic, English, and several other languages.
  • Consult our Know Your Rights Toolkit for Protesters in the Netherlands. It provides an overview of protest law in the Netherlands and pays attention to specific questions and themes that affect our movement. It is available in Dutch, Arabic, and English.  
  • Read these tips on what to do before, during, and after house searches.  
  • Consider this guide on prevention and aftercare of doxing.  
ELSC TOOLKIT FOR PROTESTORS IN THE NETHERLANDS

We are working to connect activists and lawyers to challenge the numerous removal orders issued during the October 5th national demonstration in Rome. Despite increasing repression in Italy, efforts to build a collective response are growing.

Please reach out to us if you received a removal order (foglio di via) on October 5th in Rome and are already in contact with a lawyer to appeal it. The deadline to appeal these orders is December 4th.

SEGNALA EL TUO CASO

We are proud to be in community with you. As you continue to organise and take action, make sure to visit our Know Your Rights resources and continue to report any form of repression.  

In solidarity,   

The ELSC  

Categories
Press Release

Dutch Court Fails to Enforce State’s Obligations to Prevent Genocide and Address Ties to Illegal Occupation

Joint press release – Amsterdam, 13 December 2024

Today, the District Court of The Hague delivered its ruling in the lawsuit filed by a coalition of Palestinian and Dutch civil society organisations against the Dutch State. The case called for the enforcement of measures to align Dutch policies with international law, particularly regarding arms exports and trade relations tied to Israel’s illegal occupation and systemic violations of international law in the Occupied Palestinian Territory (OPT). While the ruling was anticipated, our organisations see it as a setback for international accountability and justice.

Although the court acknowledged the Dutch State’s legal obligations under international law, including the duty to prevent genocide and protect human rights, it ultimately ruled in favour of the State. The court rejected the coalition’s request for a blanket ban on military and dual-use goods exports but emphasized the Dutch State’s continuing responsibility to assess each export license individually. This case-by-case approach underscores the State’s obligation to ensure its exports do not contribute to violations of international humanitarian law (IHL). However, the risk remains—even for defensive military equipment. Israel’s military power to carry out its actions in Gaza depends not only on offensive weapons but also on defensive systems that enable further genocidal actions as well as maintaining and entrenching its illegal occupation and apartheid regime.

Furthermore, the International Criminal Court (ICC) has issued arrest warrants for Israeli perpetrators suspected of carrying out international crimes in Gaza, namely Israel’s Prime Minister Netanyahu and the former Minister of Defence Gallant. The Geneva Conventions and Genocide Convention, which should inform the Dutch state’s duty of care, and responsibility to prevent, were barely mentioned in the court’s ruling. The coalition finds this lack of attention to the core arguments on the legal provisions that bind the State in this case astounding. 

The court also accepted the Dutch State’s ‘discouragement policy’ in relation to the illegal Israeli settlements as adequate, without evaluating its effectiveness. Israeli settlements have been established and maintained in violation of international law, as confirmed by the International Court of Justice (ICJ). The ICJ has made it clear in its July 2024 advisory opinion that states, including the Netherlands, are obligated “to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory” –– obligations which go beyond mere “discouragement”. However, the judge did not assess whether the discouragement policy meets the Dutch State’s obligations under international law, nor did the court consider its effectiveness in halting violations.  

International experts have made it clear that international crimes of forced displacement are ongoing, making urgent action necessary. In the first half of 2024, under the leadership of Finance Minister Bezalel Smotrich, Israel has designated more Palestinian land in the occupied West Bank as “state land” than in the previous 25 years combined. While the Dutch government frames its policy as long-term, the urgent question remains: Is it effective in addressing violations happening now? Palestinians continue to suffer from an ongoing, deepening Nakba, with genocide occurring in Gaza and settler colonisation intensifying in the West Bank, including Jerusalem, it is clear that the current policy needs to be reassessed.

Lastly, the Dutch state claims it is unlikely to grant arms licenses for weapons that can contribute to Israeli military or settler activities in Gaza or the West Bank, including Jerusalem, due to the clear risk that weapons, in the current context, contribute to grave violations under international humanitarian law. The state’s position contradicts itself. If there is any risk, even indirect, that such exports will be used in the perpetration of international crimes, such as genocide, such exports – including indirect exports – should not be allowed. While the Dutch state says to agree with us on the risk associated with these exports, its policies do not reflect this understanding. The Dutch government acknowledges that the occupation is illegal, yet continues military cooperation and allows trade with settlements, reinforcing the inconsistency between its legal stance and its actions. 

Shawan Jabarin, General Director of Al-Haq stated “Today, the Palestinian people have been met by abominable injustice. The Netherlands allows indirect sales of F-35 components to Israel, used in the industrial extermination of our children. The Netherlands has abandoned the most basic rules of international law, to prevent colonisation, annexation, apartheid and genocide –– an abandonment that creates a chasm of suffering, not just for Palestinians, but for all of mankind”.

“Today, a Dutch court in The Hague has chosen to ignore the findings of two international tribunals located in the same city, thereby failing to uphold the Netherlands’ obligations under international law. Concurrently, Israel persists in its systematic killing of Palestinians daily, actions further emboldened by rulings of this nature. We reiterate our urgent demand: cease all arms transfers to Israel, or face legal accountability at both the state and individual levels for complicity in the commission of international crimes,” said Issam Younis, Al Mezan’s Director. 

Raji Sourani, PCHR’s Director, added “This decision is a real shame as it emboldens Israel’s settler-colonial regime to continue its crimes against the Palestinian people, including the ongoing genocide in Gaza which has been live streamed for 14 months. Instead of blocking these arms exports, which is the minimum that the Dutch government should be doing to address the current situation, the Dutch Court is giving legal protection for a state whose sitting Prime Minister has arrest warrants issued to him by the International Criminal Court.”

The coalition will thoroughly review the court’s ruling and is seriously considering appealing the decision. The systemic violence and dehumanisation faced by Palestinians demand immediate and concrete action, not complacency or complicity.

SUPPORT THE CASE

The coalition consists of Al-Haq, Al Mezan, Een Ander Joods Geluid (EAJG), the European Legal Support Center (ELSC), Groningen Jabalya, SOMO, Stichting Kifaia, Nederlands Palestina Komitee, Stichting Palestina. The case is supported by Erev Rav and Plant een Olijfboom.

Categories
Call Job

Call for Applications: Advocacy and Communication Officer for The Netherlands & Strategic Litigation

Call for Applications Advocacy & Communications Officer


The European Legal Support Center (ELSC) is seeking an Advocacy and Communication Officer for the Netherlands & Strategic Litigation. 

Title: Advocacy and Communication Officer- NL & Strategic litigation
Location: Amsterdam
Reports to: Chief of Advocacy and Communications
Line Management: None  
Contract: Full-time, with flexible working, contract offer as consultant  
Salary: Salary 10-10.1 
€36,000 – 38,000 with progression up the scale after each annual review 
750 EURO available to support staff well-being 
Assistance with home office equipment

Start date: September 2024  

How to apply: Applications should be sent to application@elsc.support including the subject line ‘Advocacy Officer – NL & Strategic litigation’

Applications are due by 18 July 2024.

We are scheduling interviews as applications come in, don’t miss your chance and apply now!

MAIN PURPOSE OF THE ROLE    

As the Advocacy Officer for the Netherlands & Strategic litigation, you will be part of the Advocacy & Communication Team and:

  • Half of your time, work with the Senior Legal Officer and Monitor for The Netherlands to engage in public outreach; build campaigns to boost specific legal cases; get media coverage to achieve visibility and narrative change; make sure our victories are visible; grow and mobilise our network of supporters; coalition building and establishing relationships with activists on the ground in the Netherlands;
  • The other half will be dedicated to develop public outreach on strategic litigation cases pertaining to our de-funding and de-risking work (Palestinian and European organisations or individuals facing the suspension or cutting of funding, and facing bank de-risking, i.e. the restrictions on their bank accounts, transfers etc.), or cases aiming to hold private and public actors accountable for their complicity with war crimes in Palestine (for instance our case against Booking.com).

REQUIRED EXPERIENCE  & QUALIFICATIONS 

  • Experience with campaigning, involvement in activist groups, grassroots or non-profit organisations, in particular with Palestine solidarity groups and / or other anti-colonial and anti-racist groups in the Netherlands. 
  • Experience in convening and driving coalitions and networks and building relationships. 
  • Demonstrated commitment to social justice and human rights, in particular the rights of the Palestinian people and the intersectional struggles connected to the Palestinian struggle for liberation.

REQUIRED SKILLS & ABILITIES    

  • Basic knowledge of Dutch and European Union law.
  • Demonstrated skills in communications and advocacy work. 
  • Proficiency in English and Dutch with excellent written and spoken communication skills. English is the working language of the ELSC. 
  • Good understanding and knowledge of the political and human rights situation in Palestine.
  • Teamwork skills and flexibility, ability to manage time and competing priorities, according to the current demands of the organisation. 
  • Highly organised, strong attention to detail, driven, can work independently without direction.  
  • Ability to prioritise tasks and manage a busy workload.   
  • Commitment to anti-racism and anti-discriminatory practice and equal opportunities.   
  • Willingness to travel and work occasional unsocial hours as required.   
  • To be flexible within the broad remit of the post. 

DESIRABLE EXPERIENCE AND SKILLS   

  • Graduate in International Relations, Political Science, Communications, Journalism, Law, Sociology or other relevant fields. 
  • Master’s Degree in a related field. 
  • Proficiency in Arabic. 
  • Experience with web development, graphic design, social media management or other digital communications experience and skills. 

MAIN DUTIES AND TASKS

  • In coordination with the Advocacy and Communication Team, develop and implement public outreach campaigns strategies, social media and media outreach, building and coordinating partners coalition, coordinating with the legal team etc. 
  • Maintain and expand our network of support in the Netherlands through maintaining effective communication with activists and partner organisations.
  • Organise and facilitate in-person community events and/or workshops with activists, academics, students and lawyers. 
  • Draft and publish case summaries/updates on the ELSC website, in coordination with the relevant legal officers for the Netherlands, De-funding-De-risking and strategic litigation.
  • Support the Digital Communications Officer to design and monitor relevant social media content: text, visuals and potential videos/reels. 
  • Organise and promote ELSC public events in the Netherlands.
  • Represent the ELSC in public events and interviews in the Netherlands. 
  • Maintain and expand the ELSC network of journalists and media outlets in the Netherlands. 
  • Maintain Dutch contact lists.
  • Assist with content production for the ELSC monthly Newsletter. 
Categories
Press Release

Dutch Human Rights Board: Firing of IT Specialist from Gaza who Condemned Israel’s Crimes was Discrimination

PRESS RELEASE – DUTCH BELOW

Amsterdam, 18 June 2024

On June 11, 2024, the Human Rights Board, a state-sanctioned institution in the Netherlands that rules on discrimination cases, ruled that Dutch software company Speakap B.V. discriminated on the basis of political affiliation when it fired N.A. for posts on LinkedIn condemning Israel for committing genocide and war crimes against Palestinians in Gaza. A case for back payment is still pending with the Court of Amsterdam.  

The Ruling

The Board ruled that Speakap directly discriminated on the basis of political affiliation because, according to the termination letter, it fired N.A. because of discomfort that his prospective colleagues would experience at the “strong personal views” he expressed on LinkedIn. The Board agrees with N.A. that “views” refer to his posts about Gaza on LinkedIn. In the eyes of the Board, the company could not prove that it did not discriminate. 

A huge impact on N.A.’s life

N.A. is from Gaza. Several of his relatives and friends had been killed by Israeli attacks at the time of his firing; more have since been killed. His wife and family are still stuck there.

Speakap fired N.A. during his probationary period, just days after hiring him as a software developer. The company went ahead with his dismissal, even though he had expressed a willingness to engage in conversation about his posts.

Forced to apply for asylum

At the time of his firing, N.A. had already given up his job and apartment in Turkey and was forced to fly to the Netherlands to apply for asylum there.  Because of Speakap’s unfair dismissal of N.A., his process to get a residence permit in the Netherlands has been highly impacted, which seriously compromises N.A.’s ability to find a new job in the Netherlands and evacuate his family from Gaza.  

N.A. states the following:

No one should endure such enormous consequences for practicing their legal and internationally recognized right to free speech. No one should be concerned about their ability to aid themselves, their families and their children when standing against what they perceive to be very obviously an immoral, inhumane treatment of others.

Şeyma Arikan, N.A.’s lawyer, says:  

The Board accepts as common knowledge that the convictions of N.A. are widely shared by the public, in particular by people of Palestinian descent. Additionally, the Board notes that the situation pertaining to the human rights of the inhabitants of Palestinian areas has drastically worsened.

Itaï van de Wal, legal officer at the European Legal Support Center, says:  

This is an important victory, both because it is sadly no isolated case and because this moment is so crucial for the Palestinian people. It shows that nobody should be punished for denouncing the genocide and crimes against humanity committed against Palestinians by Israel.

Zakaria Boufangacha, vice chair of the largest Dutch labor union federation, FNV, adds:

The union’s position is that we need to fight prohibited discrimination on the basis of political conviction playing a role in terminating employment as much as possible. It hopes that this ruling by the Board contributes to preventing employees being discouraged from exercising their right to freedom of speech.

Read the decision of the Human Rights Board here.

College voor de Rechten van de Mens: ontslag IT specialist uit Gaza die misdaden van Israël veroordeelde was discriminatie. 

Op 11 juni oordeelde het College voor de Rechten van de Mens dat het Nederlandse softwarebedrijf Speakap B.V. discrimineerde op basis van politieke overtuiging toen zij N.A. ontsloeg wegens posts op LinkedIn waarin hij Israël veroordeelt voor het plegen van genocide en oorlogsmisdaden tegen Palestijnen in Gaza. Een loonvorderingsprocedure ligt nog voor bij de Rechtbank van Amsterdam. 

Uitspraak 

Het College oordeelt dat Speakap direct onderscheid maakte op basis van politieke overtuiging omdat het, volgens de ontslagbrief, N.A. ontsloeg vanwege ongemak dat zijn aanstaande collega’s zouden ervaren bij de “sterke persoonlijke opvattingen” die hij uitte op LinkedIn. Het College is het met N.A. eens dat “opvattingen” verwijst naar zijn posts over Gaza op LinkedIn. Het bedrijf kon volgens het College niet aannemelijk maken dat het geen verboden onderscheid maakte. 

Grote impact 

N.A. komt zelf uit Gaza. Meerdere van zijn familieleden en vrienden zijn ten tijde van zijn ontslag gedood door Israëlische aanvallen, inmiddels zijn dat er meer. Zijn vrouw en familie zitten daar nog altijd vast. 

Speakap ontsloeg N.A. in zijn proeftijd, enkele dagen na hem aangenomen te hebben als softwareontwikkelaar. Dit ondanks het feit dat hij zich voor zijn ontslag bereid toonde om over zijn posts in gesprek te gaan met het bedrijf en om eventueel ongemak weg te nemen door posts te verwijderen die dat zouden veroorzaken.  

Gedwongen asielaanvraag 

Op dat moment had N.A. zijn baan en appartement in Turkije al opgezegd en zag hij zich gedwongen om alsnog naar Nederland te vliegen om hier asiel aan te vragen. Als Speakap hem later had ontslagen had hij door een geldige verblijfsvergunning nog een kans gehad om ander werk te zoeken in Nederland en zijn familie uit Gaza te evacueren.  

QUOTES 

N.A. zelf zegt het volgende over het oordeel

Niemand zou zulke enorme gevolgen moeten doorstaan omdat ze hun recht op vrijheid van meningsuiting gebruiken. Niemand zou bang moeten zijn om voor zichzelf, hun familie of hun kinderen op te komen, of om op te staan tegen wat die ziet als de overduidelijke immorele en onmenselijke behandeling van anderen.

 Şeyma Arikan, Advocaat N.A.:

Het College neemt als feit van algemene bekendheid aan dat de opvattingen van cliënt door velen wordt gedragen, in het bijzonder door mensen van Palestijnse afkomst.  Verder merkt het College op dat de mensenrechtelijke situatie van de inwoners van Palestijnse gebieden, met name in Gaza, drastisch is verslechterd.

Itaï van de Wal, juridisch medewerker, European Legal Support Center:  

Dit is een belangrijke overwinning én omdat dit helaas geen op zichzelf staan incident is én omdat dit moment cruciaal is voor Palestijnen. Niemand zou straf moeten krijgen omdat ze zich uitspreken tegen de genocide en misdaden tegen de menselijkheid die Israël pleegt tegen de Palestijnen.

Zakaria Boufangacha, vicevoorzitter FNV, said:  

Wat FNV betreft dient verboden onderscheid op grond van politieke gezindheid bij het beëindigen van een arbeidsovereenkomst zoveel mogelijk bestreden te worden. Zij hoopt dan ook dat dit oordeel van het College ertoe bijdraagt dat werknemers niet ontmoedigd worden om in de toekomst gebruik te maken van hun vrijheid van meningsuiting.