> > > The Israel-Palestine director at Human Rights Watch resigned over the > decision to spike the report, which had been approved by HRW’s legal team. > > Drop Site News <https://substack.com/@dropsitenews> > Feb 3 > <https://substack.com/@dropsitenews> > > > > <https://substack.com/app-link/post?publication_id=2510348&post_id=186797749&utm_source=substack&isFreemail=false&submitLike=true&token=eyJ1c2VyX2lkIjo2MzQ0NTU4MCwicG9zdF9pZCI6MTg2Nzk3NzQ5LCJyZWFjdGlvbiI6IuKdpCIsImlhdCI6MTc3MDE2MDEzNCwiZXhwIjoxNzcyNzUyMTM0LCJpc3MiOiJwdWItMjUxMDM0OCIsInN1YiI6InJlYWN0aW9uIn0.GbCuMy8M507U4tf7Pj_MY0VCBBg5pF0h-ZXDBn_a69Y&utm_medium=email&utm_campaign=email-reaction&r=11rux8> > > <https://substack.com/app-link/post?publication_id=2510348&post_id=186797749&utm_source=substack&utm_medium=email&isFreemail=false&comments=true&token=eyJ1c2VyX2lkIjo2MzQ0NTU4MCwicG9zdF9pZCI6MTg2Nzk3NzQ5LCJpYXQiOjE3NzAxNjAxMzQsImV4cCI6MTc3Mjc1MjEzNCwiaXNzIjoicHViLTI1MTAzNDgiLCJzdWIiOiJwb3N0LXJlYWN0aW9uIn0.RYCbxnOpDTh2dsIL2ZJfGKLdC-fle7DWjEQYgW38YXQ&r=11rux8&utm_campaign=email-half-magic-comments&action=post-comment&utm_source=substack&utm_medium=email> > > <https://substack.com/app-link/post?publication_id=2510348&post_id=186797749&utm_source=substack&utm_medium=email&utm_content=share&utm_campaign=email-share&action=share&triggerShare=true&isFreemail=false&r=11rux8&token=eyJ1c2VyX2lkIjo2MzQ0NTU4MCwicG9zdF9pZCI6MTg2Nzk3NzQ5LCJpYXQiOjE3NzAxNjAxMzQsImV4cCI6MTc3Mjc1MjEzNCwiaXNzIjoicHViLTI1MTAzNDgiLCJzdWIiOiJwb3N0LXJlYWN0aW9uIn0.RYCbxnOpDTh2dsIL2ZJfGKLdC-fle7DWjEQYgW38YXQ> > > <https://substack.com/redirect/2/eyJlIjoiaHR0cHM6Ly9vcGVuLnN1YnN0YWNrLmNvbS9wdWIvZHJvcHNpdGVuZXdzL3AvaHVtYW4tcmlnaHRzLXdhdGNoLWlzcmFlbC1wYWxlc3RpbmUtZGlyZWN0b3ItcmVzaWduZWQta2lsbGVkLXJlcG9ydC1yaWdodC1vZi1yZXR1cm4_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.Ux7jz7SyCpTk7XkDUdQexfRIDepbKSX4Ts3N4gX-X68?&utm_source=substack&utm_medium=email> > > READ IN APP > <https://open.substack.com/pub/dropsitenews/p/human-rights-watch-israel-palestine-director-resigned-killed-report-right-of-return?utm_source=email&redirect=app-store&utm_campaign=email-read-in-app> > > > *Drop Site is a 100% reader-funded, independent news outlet. Without your > support, we can’t operate. Please consider making a * *501(c)(3) > tax-deductible donation today > <https://substack.com/redirect/6ea32aca-9ebc-4ac7-8e8c-c5f1226f2feb?j=eyJ1IjoiMTFydXg4In0.kGyg6Juh1vvNTYPpm11HUs-7zZuRWfUXibrBqTZI5dw>* > *.* > > <https://substack.com/redirect/c0cd277c-b11d-4ae9-a7b4-21d0290399e6?j=eyJ1IjoiMTFydXg4In0.kGyg6Juh1vvNTYPpm11HUs-7zZuRWfUXibrBqTZI5dw> > Omar Shakir, the now-former Israel-Palestine director for Human Rights > Watch, and Kenneth Roth, the former executive director, in Ben-Gurion > airport after being expelled from Israel in 2019. Photo by JACK GUEZ/AFP > via Getty Images. > > The Israel-Palestine director of Human Rights Watch (HRW), Omar Shakir, > resigned effective on Monday after over almost a decade at the organization > in protest of a top-level decision to shelve a report that characterized > Israel’s decades-long campaign to deny Palestinians the right of return to > their homes and land a “crime against humanity.” > > The 43-page report formally underwent every step in Human Rights Watch’s > internal review process, including evaluations by the divisions covering > refugees, international justice, women and children’s rights, and the legal > team over seven months. After that process was completed, incoming > Executive Director Philippe Bolopion halted the report roughly two weeks > before its scheduled publication on December 4. Shakir was informed of the > decision by a phone call. > > The report, which cites interviews with 53 Palestinian refugees and > included fieldwork in refugee camps across Jordan, Syria, and Lebanon, > connected the expulsions of 1948 all the way to the present moment with the > emptying of the camps in Gaza and the West Bank over the past two years. > Shakir hoped that the report would open “a path to justice for Palestinian > refugees.” > > Bolopion’s decision came after a senior official at HRW raised concerns > about the publication of the report. Shakir said in his resignation email > that one senior leader told him it would be perceived as a call to > “demographically extinguish the Jewishness of the Israeli state.” > Subscribed > <https://substack.com/redirect/2/eyJlIjoiaHR0cHM6Ly93d3cuZHJvcHNpdGVuZXdzLmNvbS9hY2NvdW50IiwicCI6MTg2Nzk3NzQ5LCJzIjoyNTEwMzQ4LCJmIjpmYWxzZSwidSI6NjM0NDU1ODAsImlhdCI6MTc3MDE2MDEzNCwiZXhwIjoyMDg1NzM2MTM0LCJpc3MiOiJwdWItMCIsInN1YiI6ImxpbmstcmVkaXJlY3QifQ.IkqqO_4XPXpojxOD7yDu0B69cKqP6MqGZitEjBv6H6Q?> > > “I’ve given every bit of myself to the work for a decade. I’ve defended > the work in very, very difficult circumstances,” Shakir told Drop Site. “I > have lost faith in our senior leadership’s fidelity to the core way that we > do our work, to the integrity of our work, at least in the context of > Israel, Palestine.” Milena Ansari, a Palestinian assistant researcher and > the only other member of HRW’s Israel and Palestine team also resigned. > > “The refugees I interviewed deserve to know why they’re stories aren’t > being told,” Shakir said. > > In response to an inquiry from Drop Site, HRW said in a written statement: > “The report in question raised complex and consequential issues. In our > review process, we concluded that aspects of the research and the factual > basis for our legal conclusions needed to be strengthened to meet Human > Rights Watch’s high standards. For that reason, the publication of the > report was paused pending further analysis and research. This process is > ongoing.” > “Strategic issues” > > In late November, Shakir, along with a MENA deputy director and a legal > reviewer, initially briefed Bolopion on the outgoing report. In the call, > senior leadership lobbied to delay the report. > > According to internal emails obtained by Drop Site, Bolopion was > ultimately swayed by other top leadership that the report shouldn’t go out, > despite completing the internal review process and the backing of the > majority of the organization. > > Among those opposing the report was the director of the Refugees and > Migrant division, Bill Frelick. Donors, journalists, and external figures > had already been informed of the report’s planned publication on December > 4. Frelick’s own department had signed off on the report in the formal > review process. But on November 25, Frelick went outside the formal review > process to voice concerns directly to Bolopion in an email. > > Drop Site obtained the original email Frelick sent Bolopion, flagging > “substantive legal and strategic issues.” > > “To be clear, I am not objecting to our position that the Right of Return > (RoR) is, indeed, a human right and that denying the right of return is a > human rights violation,” Frelick wrote to Bolopion, which staff told Drop > Site is the email that started the chain of events that led to the report’s > shelving. “I do not think, however, that we have strong grounds for > asserting that the denial of this right is a Crime Against Humanity (CAH).” > > Frelick also wrote: “I also question the strategic value of HRW advocating > in 2025 for Palestinian refugees and their descendants to reclaim homes in > present-day Israel that were lost in 1948.” > > Frelick laid out legal questions that he claimed the report did not > sufficiently answer, including whether Israel intended to cause harm by > denying Palestinians the right to return. “Per the requirement of > “intentionally” causing great suffering, is Israel’s intent in denying > return to cause great suffering or it is rather motivated by Israel’s > national security concerns, demographic engineering, or other motivations, > and, therefore, whatever suffering it causes would be incidental or > consequential to these purposes but not their intent?” Frelick wrote. > > The legal rationale for calling the denial of the right to return a crime > against humanity is one that, Shakir told Drop Site, HRW has used in the > past for reports in other countries, including as recently as 2023 > <https://substack.com/redirect/3f97b143-8889-49b9-ab6f-22daa4a9797f?j=eyJ1IjoiMTFydXg4In0.kGyg6Juh1vvNTYPpm11HUs-7zZuRWfUXibrBqTZI5dw>, > in a report on the forced displacement of the Chagossians from their homes > in the Chagos Archipelago over 60 years ago by the U.S. and the United > Kingdom. > > In the email, Frelick questioned essential aspects of Palestinians’ > suffering. “Does the suffering (and claims) of descendants of refugees who > lost their homes in 1948 weaken over time? How does HRW assess whether > descendants of refugees from 1948 have maintained ties that keep their > claims viable? Does having citizenship in another country have impact on > those claims? Are these claims unique to the descendants of Palestinian > refugees or do they apply to the descendants of all refugees from all > places throughout history?” Frelick wrote. > > Shakir said it’s normal for staff at HRW to disagree with the legal > rationale of a report and that ultimately, HRW’s legal team makes the call > on whether the argument of a report stands. > > In the case of this report, two legal reviewers signed off on the report > in the initial rounds of review. One of them, Jim Ross, wrote a memo after > the report was spiked titled, “Strengthening the factual presentation of > the R2R/CAH report.” In the memo, which was obtained by Drop Site, Ross > seemed to try and strike a middle ground by saying the report needed to > include more examples of the suffering of Palestinian refugees in order to > bolster its legal conclusions. > > “We want to be able to show very compelling cases of great suffering or > serious physical/mental injury. This likely will be strongest when people > are living in extreme poverty or similar awful conditions or are clearly > experiencing severe mental harm as a result of being denied the right to > return,” Ross wrote. “Besides just listing the harms many are facing, how > can we link that as a criminal matter to their not being allowed to return > to their familial home areas? … Israel is denying all of them their right > to return, but the report should show convincingly that for some Israel is > causing ‘great suffering’ as CAH.” > > In the memo, Ross also said Tom Porteous, who was at the time chief of > programs at HRW, “didn’t think it was sufficient to just hear from the > refugees.” “Beyond the legal standards,” he continued, “we need [to] make a > compelling case for skeptical readers. Maybe this means focusing our CAH > claims on certain kinds of cases, such as on people in camps or in similar > conditions where the visual, story evidence is most clear.” > > Shakir and Milena Ansari, who contributed major research to the report, > submitted their resignations on January 15. “Throughout my tenure, the > review process ensured we published the facts as we documented them and the > findings that derived from our principled and consistent application of the > law,” Shakir wrote in the email sent to Middle East and North Africa (MENA) > leadership and human resources. “I can no longer say that.” > Institutional crisis > > When the report was spiked, researchers on various parts of the > organization attempted to revive the report’s publication. “Our review > processes, as well as our culture of transparency, have until now ensured > that our findings are based on a principled and consistent application of > the law. The executive director’s circumvention of the review process > throws into question the integrity of our research, which is the foundation > of our organization,” read one internal email. > > But senior leadership rejected the push. The only way they would allow it > to move forward, they indicated to staffers, was by limiting the findings > to Palestinians displaced since 2023 within the Occupied Palestinian > Territory, excluding Palestinian refugees from 1948 and 1967 now in other > countries denied their right of return to their homes in what is now Israel. > > Around 200 staff members signed a separate letter, some anonymously, in > protest of the decision on December 1. > > On January 20, five days after Shakir’s and Ansari’s resignations, the > MENA division, where Shakir worked, held an all-staff meeting to discuss > the decision. Over 300 staff members were on the call, expressing anger > about leadership bypassing their normal process. “We are losing the > organization we love and are so passionate about,” read one message sent in > the collective chat. > > “Our work in the MENA region will be severely undermined when and if this > crisis goes public,” another read. “Not me and no one will be able to > defend the organization.” > > Two days later, Bolopion held a “town hall” to discuss the decision, > though staffers were only given around 10 minutes at the end of the call to > ask questions or make comments. The chat option was deactivated. > > “The pipeline is not sacred,” Bolopion told staff in the meeting, > referring to HRW’s internal review process. > > Bolopion, who took the helm at HRW in November, said he did not want to > start out his tenure with a situation like this. “My personal opinion was > that I had concern with this legal finding, but I rely on the advice of the > more senior people on the team and those who have the legal expertise to > make that determination,” he said, according to a recording obtained by > Drop Site. “There were disagreements if the facts supported the conclusions > in a way that was rigorous enough.” > > Bolopion clarified for the staff that the concern was not that > Palestinians have a right to return, which is HRW policy, but whether or > not the denial of the right of return amounted to a crime against humanity > for 1948 and 1967 refugees. “I’m not a lawyer, but that’s what the talk of > the disagreements was,” he said. > > He said he didn’t feel “a sense of urgency” in publishing the report. > “There was no immediate advocacy hook, so the benefits of waiting for me > outweighed by far the risk of putting the report out,” he said. > > Bolopion subsequently announced that HRW would hire a law firm, Jenner & > Block, to carry out a review of their processes. > > “Reports which identify serious crimes or involve novel legal analysis > require strong support and internal alignment before publication. That was > not the case with this report,” Bolopion wrote in the January email to > staff following the town hall. > A troublesome precedent > > A staffer at HRW—who wished to remain anonymous for fear of retribution > and who has been at HRW for over a decade—said that the blocking of this > report marks a “watershed moment” for the organization and sets a > troublesome precedent. > > “It’s not just that the report was pulled, it’s that nobody could get a > clear answer why, for months,” they said, requesting anonymity for fear of > reprisal in the workplace. “Maybe the leadership feared repercussions and > think they spiked this report for the good of the organization.” > > <https://substack.com/redirect/fea969c6-f5c1-4e20-87db-17c24bcf3547?j=eyJ1IjoiMTFydXg4In0.kGyg6Juh1vvNTYPpm11HUs-7zZuRWfUXibrBqTZI5dw> > > <https://substack.com/redirect/29c7bd1d-3a32-4510-b25d-a56a521bb337?j=eyJ1IjoiMTFydXg4In0.kGyg6Juh1vvNTYPpm11HUs-7zZuRWfUXibrBqTZI5dw> > > *Screenshots of questions asked in the Q&A section of the town hall.* > > Another staffer, also granted anonymity, said the halt of the report has > been demoralizing to staff. “This is coming after seven years of decay at > HRW,” referring to changes in leadership, mass layoffs, and an overall > increase in bureaucracy in the organization. “Staff input is sidelined or > actively put out,” the staffer said. > > Ken Roth, the former executive director of the organization, came out in > defense of Bolopion on Tuesday, saying > <https://substack.com/redirect/c7c87a03-dedc-467e-b4fc-c83d0747849b?j=eyJ1IjoiMTFydXg4In0.kGyg6Juh1vvNTYPpm11HUs-7zZuRWfUXibrBqTZI5dw> > Bolopion > was right to block the report. “The new HRW director was right to suspend a > report using a novel & unsupported legal theory to contend that denying the > right to return to a locale is a crime against humanity,” Roth posted on X. > “It had been rushed through the review process during a leadership > transition.” > > Shakir held a virtual farewell call attended by over 130 people on Monday. > HRW’s former MENA Director Sarah Leah Whitson hired Shakir in 2016 and was > his supervisor until she left the organization in 2020. She is now the > Executive Director of Democracy for the Arab World Now (DAWN). > > “We have once again run into Human Rights Watch’s systemic ‘Israel > Exception,’ with work critical of Israel subjected to exceptional review > and arbitrary processes that no other country work faces,” Whitson told > Drop Site. “The internal struggles necessary to produce it have been > uniquely punishing and uniquely painful to the staff involved.” > > “Israel/Palestine has been the litmus test for every major institution,” > Shakir wrote in his final email at HRW. “And there’s a thing about > ‘Palestine exceptionalism’—it often opens the door to other unprincipled > compromises.” > > Leave a comment > <https://substack.com/app-link/post?publication_id=2510348&post_id=186797749&utm_source=substack&utm_medium=email&isFreemail=false&comments=true&token=eyJ1c2VyX2lkIjo2MzQ0NTU4MCwicG9zdF9pZCI6MTg2Nzk3NzQ5LCJpYXQiOjE3NzAxNjAxMzQsImV4cCI6MTc3Mjc1MjEzNCwiaXNzIjoicHViLTI1MTAzNDgiLCJzdWIiOiJwb3N0LXJlYWN0aW9uIn0.RYCbxnOpDTh2dsIL2ZJfGKLdC-fle7DWjEQYgW38YXQ&r=11rux8&utm_campaign=email-half-magic-comments&action=post-comment> > > Share > <https://substack.com/app-link/post?publication_id=2510348&post_id=186797749&utm_source=substack&utm_medium=email&utm_content=share&utm_campaign=email-share&action=share&triggerShare=true&isFreemail=false&r=11rux8&token=eyJ1c2VyX2lkIjo2MzQ0NTU4MCwicG9zdF9pZCI6MTg2Nzk3NzQ5LCJpYXQiOjE3NzAxNjAxMzQsImV4cCI6MTc3Mjc1MjEzNCwiaXNzIjoicHViLTI1MTAzNDgiLCJzdWIiOiJwb3N0LXJlYWN0aW9uIn0.RYCbxnOpDTh2dsIL2ZJfGKLdC-fle7DWjEQYgW38YXQ> > Wait! 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