​The Permanent Mission of Israel to the United Nations Office and other International Organizations in Geneva would like to vehemently react to the statement issued on May 9, 2018, by the Committee on the Elimination of Racial Discrimination, concerning the violent confrontations that have been taking place since March 30, 2018, along the fence between the State of Israel and the Gaza Strip. The Permanent Mission of Israel kindly requests, that this note be shared with the members of the Committee.

This baseless and one-sided pronouncement has no credible relation with the issues covered by the Committee and does an appalling disservice to the very purpose of the Convention it is supposed to defend. 

It is noteworthy that the Committee makes no mention at all of the racism and anti-Semitism of the terror organization controlling Gaza, Hamas, and the current violent iteration of Hamas’ stated intention to destroy the Jewish State of Israel. On March 30, 2018, for instance, Yahya Sinwar, Hamas leader in Gaza, told rioters that "if you are hungry, go eat the livers of the Israeli residents". Furthermore, on May 9, 2018, Sinwar incited thousands of Palestinian youngsters in Gaza to “sacrifice their lives and be ready to die”. 

Moreover, on May 1, 2018, Palestinian leader Mahmoud Abbas claimed that the Holocaust was not the result of anti-Semitism but rather of the Jews’ “social function. […], because of usury and the banks.” Other UN officials condemned Abbas’ words, rightly identifying them as “contemptuous anti-Semitic slurs.” But not so the Committee in question, the UN treaty body charged with recognizing and denouncing such racism.

While such incitement to hatred, violent anti-Semitism and its deadly consequences are not addressed by the Committee, it is unjustifiably putting the blame on Israel. 

Israel cannot afford to ignore the dire threat posed to the safety and security of its inhabitants. On the contrary, as a party to the International Convention on the Elimination of All Forms of Racial Discrimination, Israel has a legal duty to protect its people from “racist hate speech and incitement to racist violence”.

The Committee’s invocation of its urgent action procedure and the conclusions promulgated therein were done without any effort to garner any facts from Israel – the country on the receiving end of Palestinian “Molotov kites”, explosive devices and of the aggressive and illegal attempts to violate its sovereignty. Moreover, four groups of Hamas terrorists illegally infiltrated Israeli territory in the past few weeks, with the aim of carrying out terror attacks, and a foiled attack planned for the Jewish holiday of Passover. Last Friday, the Palestinians

instigated by the Hamas leadership, heavily damaged the Palestinian side of the active crossing “Kerem Shalom” and the pipeline that supplies fuel and gas for their own needs. Another attack tunnel was revealed by the IDF that crossed the fence lines into Israeli residential areas. Yet another example of the terror attacks that Hamas was planning against Israelis.

These are not “peaceful” acts, despite what the OHCHR and many others said. Turning a blind eye on the reality on the ground compromises the ability of the Committee to effectively carry its mission. It also contributes nothing to the welfare of the Palestinian civilians, including children, who are cynically used as human shields for the very purpose of garnering the attention of the biased and the uninformed. 

Instead of decrying the fact that Hamas is encouraging civilians, including children, to put themselves in harm’s way – by paying them $200 when they get injured, and paying $3,000 to the families of those who get killed while carrying out terror attacks – the CERD Committee blames the State of Israel for defending its communities.

The facts also include the State of Israel’s proactive measures to avoid casualties – despite the provocation – by informing Gazans of the dangers of engaging in violent riots, and Israel’s meticulous efforts to respond proportionately to every situation. In addition, Israel is conducting independent and transparent investigations on any credible accusation or reasonable suspicion of alleged wrongdoing. The IDF maintains a multi-layered investigations system, with numerous checks and balances to ensure impartiality before investigative, administrative, and judicial authorities. By contrast, there is no Palestinian investigation, and no call by the Committee for Palestinians to “initiate” one.  

This blatant anti-Israel posture, and reckless disregard for the welfare of Israelis, is a shocking neglect of the duties of the CERD Committee to act with impartiality and objectivity.