Israel’s showdown with the UN over immunity for Gazan engineer

[Little Tich]

Source: +972 Mag

Does a UN engineer Israel accuses of working with Hamas have immunity from prosecution? The UN says that if Israel shares evidence of his guilt, it will lift the immunity. So why won't Israel hand over the evidence?

It didn’t take more than a few hours before the United Nations found out Israeli intelligence agents had arrested one of its Palestinian engineers as he was returning to the Gaza Strip through the Erez military checkpoint.

The very next morning, on July 4, a senior UNDP official in Jerusalem fired off a “Note Verbale” to Israel’s minister of foreign affairs, Benjamin Netanyahu, that expressed anxiety. “At around 1730 hours while at Erez, Mr. [Waheed] al-Bursh was taken by two security officers, and since then we know nothing about him.”

The UN official, Roberto Valent, asked that Israel provide the grounds for and circumstances of Bursh’s arrest, what charges he might face, and when he might be brought to court. In addition, he asked for access to Bursh “in his place of detention as soon as possible,” and for “assistance in arranging legal representation and the presence of UNDP at any court hearings.”

These requests are part of long-standing procedure codified in a UN 1981 Administrative Instruction and approved in a 1982 UN General Assembly resolution, during the Cold War, when the UN had special concerns for its staff members who were, usually for political reasons, sometimes made to disappear during their “home leave” and secretly jailed, in certain countries.

Read more: http://972mag.com/israels-showdown-with-the-un-over-immunity-for-gazan-engineer/122088/

[DetlefK]

1. I bet, Israel has no evidence because they never bothered to look for it.

They just wanted a confession.

[oberliner]

2. The UN historically has done a great job of protecting terrorists

And engaging in questionable activities themselves.

[Little Tich]

3. Neither World Vision nor the UN has found any evidence whatsoever supporting the Israeli

allegations.

That's very strange - it's almost as if the allegations were fabricated...

[shira]

6. The UN has a history of protecting terrorists as well as its own UN forces....

.....that have committed atrocious crimes in Haiti and Central African Republic.

U.N. chief Ban regrets peacekeeper abuse, Haiti cholera
https://www.yahoo.com/news/u-n-chief-ban-regrets-peacekeeper-abuse-haiti-075403312.html

They have zero credibility given how corrupt they are, but also when it comes to Israel. Recently they denied Palestinian UNRWA employees were inciting terror & dehumanizing Jews on Facebook, for example. They're really good at covering for criminals and heads of states committing crimes against humanity to their own people.

Meanwhile, Israel already has a confession from the UN employee accused of funneling funds to Hamas.

[Little Tich]

8. I suppose smacking Palestinian suspects around a bit and prosecute them for whatever made up crime

they confess to is the normal Israeli standard, but when it comes to the UN, (and the rest of the civilized world) the suspect has to actually commit a crime to be guilty.

Surely there must be some kind of actual evidence apart from a forced confession of this crime being committed...

[shira]

9. The UN killed 10,000 Haitians with cholera, then cited immunity for its crime

But that's your idea of a civilized UN "world" body.

Just saying, consider the vile source. The UN is a moral farce. Israel is far more civilized in comparison. In fact, it's not even close.

[oberliner]

10. That seems unsurprising

Another possible conclusion could be that World Vision and the UN investigators are covering something up.

The UN, as I point out, has a long track record of that sort of thing.

[Little Tich]

11. I suppose I'll have the laugh on this issue.

Your trust in the Israeli justice system is misplaced IMHO.

[shira]

12. What makes you think the UN is more trustworthy with all its scandals....

....and horrendous crimes being swept under the rug? Israel comes nowhere close to the utter depravity of the UN. In fact, Israel's record on basically everything is better than most, if not all Western Democratic Liberal nations, especially given the threats Israel faces.

[hack89]

4. Here is a less biased report from Reuters.

Going public with the arrest in July of Wahid Abdallah al Bursh, a Palestinian engineer with the United Nations Development Programme (UNDP), Israel's Shin Bet security agency said he had confessed to being recruited in 2014 to help Hamas.

The UNDP said in a statement that Bursh, a contractor, had been detained by Israel on July 3 and said it was greatly concerned by the allegation and that it "has zero tolerance for wrongdoing in all of its programmes and projects."

http://uk.reuters.com/article/uk-israel-palestinians-un-hamas-idUKKCN10K15T

[FBaggins]

5. Sounds like the UN is on legally shaky ground

Had this been a Norwegian member of a UN delegation, things would be different - but this is a Palestinian employee of the UN, not someone who could plausibly have immunity in this case. So there's nothing to "lift" - nor a privilege for the UN to exercise.

If the German embassy brings over a German citizen to act as a driver in New York, that person could plausibly have some diplomatic immunity. If they instead hired a guy from Jersey... he would have no such immunity from prosecution (regardless of what "administrative instruction" or "resolution" Germany pointed to) for actions that he took apart from his actual driving.

[Little Tich]

7. The thing is that the alleged crimes were his normal duties committed on the orders of the UN

and the PA respectively.

As Bursh was only following their orders, he shouldn't be responsible. It's significant that the UN has no problem with relinquishing his immunity if Israel would actually present evidence of any wrongdoing.

[FBaggins]

15. The alleged crime is that he diverted resources for Hamas militant benefit on orders from Hamas

That's in no sense his "normal duties".

A UN response claims that isn't quite what happened, but you can't pretend that it isn't what is alleged.

[Little Tich]

16. I think "unsubstantiated allegations" is the keyword here... n/t

[FBaggins]

18. So?

The point is that law enforcement has an obligation to substantiate any allegations to their supervisors and the nation's judiciary and (perhaps) executive. They don't have an obligation to substantiate them to internet denizens half a world away nor to the accused's employer (whose opinion is likely tainted by other pro-Hamas associates).

[Little Tich]

20. I think that the right to a fair trial should still apply - even to Palestinians.

Besides, if Israel starts to arrest and convict UN personnel on trumped up charges, it will seriously curtail the ability for the UN to distribute humanitarian aid in the occupied territories.

[FBaggins]

21. Of course he has a right to a fair trial

You're the one claiming that the charges are "trumped up" and assuming that it wouldn't be a fair trial. So far there isn't any reason to believe that's true (particularly in the face of confession) apart from your own prejudices.

it will seriously curtail the ability for the UN to distribute humanitarian aid in the occupied territories.

You don't think that billions of dollars in UN-administered aid being diverted by Hamas to warheads and terror tunnels "seriously curtails" that ability now? Nah!

We know for certain that the crime has been committed over and over and over again. The only question here is whether this confessing suspect can be proven guilty of it.

[Little Tich]

24. I just can't get over the fact that Israel refuses to present any evidence for the charges and that

UN's own investigation yielded no evidence of any wrongdoing.

Your assertion "that billions of dollars in UN-administered aid being diverted by Hamas to warheads and terror tunnels" makes me wonder if we simply have different criteria for what constitutes a fact, which may explain why we have opinions on this issue.

[branford]

25. Israel has no obligation to present evidence to the United Nations.

The accused is not a recognized foreign diplomat for the United Nations. He's a local worker.

The accused has a right to a trial at which time each side can present their side of the story.

As for the UN's investigation, I give it as much credibility as you and Mondoweiss do to any investigation by the IDF. Heck, the UN still hasn't explained the mysterious missile stockpiles Israel found and destroyed in the UN schools during the last Gaza war.

The UN wants this to go away quickly and quietly because they work in Gaza, and since Gaza is run by Hamas, even the elements of the UN not directly sympathetic to Hamas, have to work with them. They are also afraid that a public trial could impact donations to the region from Western and some Arab governments and groups (more so than most of the money already pledged and never delivered.)

However, you are correct that this arrest will indeed impede UN development and aid activities in Gaza. If Hamas doesn't get their cut and able to divert money and material to their terrorists efforts, they will not allow the UN to operate efficiently, or in some cases, at all. You should direct your ire at the Hamas for they apparently care far more about killing Jews than the welfare of their own people.

[shira]

27. Seems the UN got enough immunity for Hamas rockets stored in UN schools.

No one has been held accountable for that.

No investigation, nothing.

In fact, the UN just handed those rockets to Hamas, which makes them so very credible (not) when it comes to bashing Israel.

[kayecy]

13. The interesting question is.......

The interesting question is.......why are Shin Bet holding back on supplying the reason for the arrest?.......If nothing else it makes the GOI look incompetent and uncaring about human rights....

[FBaggins]

14. I suspect that it's the standard "you're not the boss of me" response

An outside power (which they already have reason to distrust) is telling you that you have to release someone unless you prove to their satisfaction that the arrest was appropriate. Even if you have such evidence, turning it over implies that you agree that their approval is required for you actions.

[Little Tich]

17. Apparently, this is a recurring problem for the UN:

UN chief urges release of detained and missing UN staff
Source: Yahoo! News/AP, March 26, 2016

UNITED NATIONS (AP) — United Nations Secretary-General Ban Ki-moon appealed for the release of all missing and detained staff on Friday and urged that those responsible for killing a U.N. official in Iraq and others be brought to justice.

In Syria alone, the U.N. said 35 staff members are missing or detained, the majority from the agency for Palestinian refugees.

Ban said in a message marking the International Day of Solidarity with Detained and Missing Staff on Friday that five U.N. personnel are being held by unnamed member states "without any reasons given for the arrests." He said six staffers were held hostage by armed groups last year before being released.

"Personnel, especially those deployed under dangerous conditions, deserve full protection and rights," the secretary-general said. "I call on all parties to respect the rights, privileges and immunities of United Nations personnel."

Read more: https://www.yahoo.com/news/un-chief-urges-release-detained-missing-un-staff-211440039.html

[FBaggins]

19. You seriously can't tell the difference?

In one case people are being killed or vanished without a trace. In the other case the established law enforcement arrested the criminal and placed him in prison awaiting trial. He isn't hidden, nor is his existence denied. They just aren't allowing his employer to demand that they get to decide what should be done with him instead of the court system.

[Little Tich]

22. What do you mean - aren't all unsubstantiated charges bogus by definition?

All the evidence available to the UN strongly indicates that Bursh worked on the orders of the UN/PA and that there was no wrongdoing whatsoever. Until there's actual evidence of any wrongdoing, they are bound to defend him, just like they do with other UN personnel detained for no valid reason.

[FBaggins]

23. Nope.

Unsubstantiated charges are not bogus by definition. More importantly, these aren't unsubstantiated - they just haven't been substantiated to the UN. The UN is not the governing body in this case.

All the evidence available to the UN

I doubt that's true... but it doesn't matter... because the question is what evidence is available to law enforcement and the courts. The UN doesn't get to set the standard for substantiation.

Until there's actual evidence of any wrongdoing

Suddenly even a confession is not even "evidence" of wrongdoing?

What you really mean is that the UN hasn't been given evidence that satisfies them... but it isn't their decision that matters.

[Little Tich]

29. Do you think the charges are completely bogus, partially bogus or not at all bogus?

I think they're completely bogus for three reasons: Israel hasn't provided any kind of evidence that substantiates the charges, the strict controls that are in place makes it impossible to divert aid to Hamas, and the UN's own investigation hasn't revealed any kind of wrongdoing.

[branford]

31. "Impossible to divert aid to Hamas" ?

The UN and most donors don't even make such a ridiculous claim. It's ludicrous on its face.

Also, what did the purported UN investigation entail, and given that any findings of wrongdoing could be disastrous for fundraising and aid distribution to Gaza, why would we give it any more credence than you and your cited sources give to any investigations performed by the IDF or Israeli government? Do purported conflicts of interest and self-dealing only apply to Jews?

[Little Tich]

33. UN aid to Gaza being diverted to Hamas? When? How?

If Hamas actually managed to divert aid in spite of all safeguards, I'm sure the UN will try prevent it from happening, just like they try to do in every other location where they distribute aid...

[branford]

34. They don't really do in other places either.

It's a simple fact that in order to operate in areas under control of terrorists, warlords and other undesirables, aid agencies often have to look the other way about theft, extortion and other crimes and other malfeasance, or even directly pay bribes or protection money. This is generally not openly discussed as the people of the host and donor nations, as opposed to their governments, would be irate.

Also keep in mind that in places like Gaza, much of the UN aid staff is local (like the accused) and quite sympathetic and supportive of Hamas. That's precisely how the rockets ended up in various UN properties during the last war.

However, next time you complain that an IDF investigation cannot be trusted because of self-interest, I'll be sure to remind you about your faith in UN investigations about its own problems (and remind you of other instances such as when it took a whistleblower who was seriously retaliated against to expose child sex abuse by UN staff).

[Little Tich]

37. Riight... So no evidence at all is evidence enough for you... n/t

[branford]

39. Not providing the UN with a special preview of the evidence

does not constitute an absence of evidence.

Israel has a first-world judicial system, and the accused will get his day in court (or reach some type of plea bargain).

You keep complaining that Israel has not provided the UN with advanced information, established guilt to their satisfaction or acceded to their requests to provide the accused with diplomatic immunity. I've yet to see the legal (or other compelling) bases for Israel to agree to any of these requests. You similarly cite the UN's purported investigation as proof of innocence. We've also yet to see the nature and content of that investigation, although the UN is free to provide all its evidence to both the accused defense counsel and/or the Israeli authorities.

The arrest and likely trial is certain to cause problems for the UN's work in Gaza. That's not the fault of Israel, but rather the terrorist government of Hamas and its sympathizers.

[FBaggins]

36. You've got to be kidding, right?

Where else does the UN distribute aid where the government and the terrorists are the same people?

Here's a question for you:

Where does Hamas get the concrete that they use to build their tunnels from?

[FBaggins]

35. Not in the least bit bogus

I think they're completely bogus for three reasons: Israel hasn't provided any kind of evidence that substantiates the charges

They have no obligation to release any evidence to you... or to the public or the UN - until trial begins.

the strict controls that are in place makes it impossible to divert aid to Hamas

Were you able to type that with a straight face?

and the UN's own investigation hasn't revealed any kind of wrongdoing.

Did the UN release the "evidence" that they evaluated in their "investigation"?

[Little Tich]

38. Presumed guilty until proven innocent? n/t

[FBaggins]

40. Suddenly a presumption of innocence means that you're immune from being charged?

He's getting a trial. That's where evidence is presented. Nobody is saying that they don't have to prove their case in a court of law... but they don't need to tip that case any other suspects that may have been identified as part of the investigation.

[Little Tich]

41. Actually, there will probably be a secret trial with secret evidence, as there's no actual evidence

to present.

It would be a bit embarrasing if it was revealed that the only evidence was a confession made under duress...

[FBaggins]

42. "the strict controls that are in place makes it impossible to divert aid to Hamas"

Still waiting on you to back up this laugher.

Where does Hamas get their concrete from?

Other than weapons, concrete has the strictest controls in place.How is something that's "impossible to divert" ending up in terror tunnels instead of houses?

Don't worry... We aren't holding our breath.

[shira]

26. Has the UN investigated to your satisfaction Hamas rockets in UN schools?

Or Hamas terror tunnels leading into UNRWA buildings? How about UNRWA employee antisemitic hate incitement on Facebook & within children's classrooms in Gaza?

What has the UN done about all this that has led you to believe they're a credible organization when it comes to judging Israel?

No firings.
No arrests.
Nothing.

So what makes you think the UN deserves any respect from Israel?

[Little Tich]

28. It's up to Israel to prove that a crime has indeed been committed before the UN will

remove Bursh's immunity.

Usually, this isn't a big deal, but in this case it seems as if the charges are completely bogus. Blaming the UN for all kinds of things won't change that.

[shira]

30. Israel doesn't have to seek approval from a corrupt, terror supporting, antisemitic UN. n/t

[branford]

32. The UN has *requested* that Borsh be granted diplomatic immunity.

However, he is a local worker not usually entitled to any form of diplomatic protection.

Just being a local employee of the UN by itself entitles no one to diplomatic immunity anywhere. There are actual well-established rules, and it takes more than an after the fact UN demand to be accorded diplomatic recognition.

Simply, the UN really wants this public relations disaster to go away yesterday before it more severely impacts aid donations. I further imagine that Hamas is pressuring the UN agencies and workers operating in Gaza and impeding aid distribution as a means of securing Borsh's release. To the surprise of no one, Israel does not find the difficulties of Hamas and the UN to be particularly regrettable or persuasive.