terrorism and similar public emergency threatening the life of the nation can
be invoked as a justification.”211
In this context the legal framework of force-feeding hunger striking prisoners
must also be mentioned. Given the dangerous and invasive nature of forcefeeding, it is not surprising that the UN Special Rapporteurs on torture and
on the right to health have both condemned Israel's force-feeding law and
stated that it was "tantamount to cruel, inhuman, and degrading treatment."212
Furthermore, the right to be free of torture and non-consensual medical
treatment has been affirmed by the ICCPR and ICESCR.213 Addameer has
argued that “Taking into consideration the amount of pain, and the possibility
of death and irreversible physical damage that results from force-feeding, the
practice may amount to an act of torture.”214 If considered an act of torture,
force-feeding would be in violation of the Geneva Conventions and could be
counted as a crime against humanity and a war crime according to the Rome
Statute.215
Israeli Policies and Practices
On 23 February Palestinian prisoner Arafat Jaradat died in Israeli custody
due to Acute Respiratory Distress Syndrome. An autopsy revealed that this
was not brought on by ‘natural causes,’ as Israel’s official position stated,
but rather it was “attributable to torture.”216 Jaradat’s death affirms the
conclusions of numerous reports on Israeli interrogation methods that
the “Israeli Security Agency (ISA) still routinely employs psychological and
physical abuse in interrogations,” a policy of abuse that is used systematically
against Palestinian prisoners.217
211 OHCHR, Interpretation of torture, op. cit., 2011
212 A Bill passed by the Israeli parliament in July 2015, allowing the force-feeding of hunger-striking
prisoners; OHCHR, Force-feeding is cruel and inhuman – UN experts urge Israel not to make it
legal, 25 June 2014. Available at: http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.
aspx?NewsID=14770
213 ICCPR, Article 7; ICESCR, Article 12.2
214 Addameer, Factsheet: Force-feeding under International Law and Medical Standards, 16 November
2015.
Available
at:
http://www.addameer.org/publications/factsheet-force-feeding-underinternational-law-and-medical-standards
215 Ibid.
216 Al-Haq and the Public Committee Against Torture, Leading International Forensic Pathologist:
Palestinian Detainee Arafat Jaradat Was Tortured, Which Led to His Death In Israeli Custody, 4 April
2014. Available at: http://www.alhaq.org/advocacy/topics/right-to-life-and-body-integrity/794joint-press-statement-the-public-committee-against-torture-in-israel-and-al-haq
217 B’Tselem, Torture and abuse under interrogation, last update: 29 March 2016. Available at: http://
www.btselem.org/torture
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