Dangerous International Precedent Being Set by Israel as International Community Ignores the Deteriorating Human Rights Situation in the Occupied Palestinian Territories
By Al Haq
August 27, 2003

In light of the events of the past two weeks, Al-Haq is concerned about, and calls attention to the flagrant violations of the human rights of Palestinians in the Occupied Territories, and to the international community’s allowance of Israel’s willful violation of international law. During the course of the past years, the entire Palestinian population has been treated as a single unit, with no regard for the lives and welfare of a civilian population. After recent events, Israel once again, under the shield of “security”, is not only disregarding the welfare of civilians, but is specifically targeting civilians. In the past two weeks, Israel has dramatically accelerated its ongoing policy of collective punishment, and its policy of extra-judicial killings—both are illegal under international law and constitute War Crimes.

Tanks, soldiers, and curfews automatically sprung into place as Israel applied terrorizing and punitive measures all over the Occupied Territories after an attack in Jerusalem. As a reprisal for the bombing on the 19th of August, the whole of Hebron’s old city was again placed under strict curfew, which has not yet been lifted. The people of Hebron, the birthplace of the individual responsible for the attack in Jerusalem, have been targeted by Israel in retaliation. At the same time, backed by tanks and a full-scale military invasion, curfew was also implemented in Jenin, Nablus, and Tulkarem. From Thursday, the 21st until Sunday morning the 24th of August, strict curfew was implemented in Jenin. Nablus and Tulkarem have also been under strict curfew. In Nablus, people were trapped in their homes as soldiers entered through the holes they drilled through walls, and passed from one house to another in the middle of the night. Thus far, the local population has not been informed when curfew will be lifted.

More houses were demolished in retaliation for recent bombing attacks. Israel’s policy of collective punishment was felt acutely by Hiyam Kheiri, whose son was responsible for the bombing in Kufir Ra’i. Her house was demolished on Thursday, and she and her daughter of five years were made homeless by the Israeli bulldozers. Zakiya ‘Al ‘Abdel-al-Rahman Freihat and her six children, age 7 to 17, were also made homeless by the Israeli military when her house was demolished. Two more houses in Hebron were demolished in the past week.

Taking advantage of the media’s focus on the bombing in Jerusalem, Israel deployed its military forces to level Palestinian homes and shops in the West Bank, making way for construction of the Wall. On Thursday, in the town of Nazlet 'Issa, located near the Green Line, 5,000 Israeli soldiers, 24 D-9 armored bulldozers, and 15 tanks entered the town and leveled the local business district. The Israeli military informed the mayor of Nazlet 'Issa that a total of 120 shops would be destroyed. Shop owners lost everything in the military operation, and the center of the city is said to be completely devastated. The destruction rivals that of a natural disaster. Local residents believe Israel is clearing a path for construction of the separation Wall.

The recent assassinations of the Hamas political leader Ismail Abu Shanab, and four other Palestinians, are just two additional operations in the list of more than 100 assassination operations that have killed about 250 Palestinian targets. This continuous policy of extra-judicial killings has resulted in the deaths of around 100 incidental victims, including 35 children, and has wounded over 500 untargeted Palestinians. We are very concerned with the excessive use of force in the recent extra-judicial killings. In Gaza, Israeli helicopters shot missiles into a heavily populated area killing Ismail Abu Shanab and his two bodyguards, and injuring 19 other Palestinians on the street. Israel assassinated Mohammed Ayoub Sider in Hebron, six weeks into the unilateral ceasefire. In an earlier assassination attempt on Sider in 2001, the Israeli military killed two children and one man, but Sider escaped slightly injured. On August 14th 2003, in the early morning the military attacked Sider’s house with missiles. He was killed in his home, which was subsequently demolished.

The past week demonstrates again the comprehensive policy implemented by Israel that willfully disregards the safety of the Palestinian population, and often targets them as a group. The disproportionate use of force, and targeting of Palestinians as a group constitutes persecution. As Al-Haq has stated, and reiterates currently, as an occupying power, Israel must observe the rights and obligations by which it is bound under International Humanitarian Law.

Collective Punishment is prohibited. Article 50 of the Hague Regulations established that, “No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible.” The Fourth Geneva Convention, in Article 33 states, “No protected person may be punished for an offense he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited.” Israel’s policies constitute grave breaches of Geneva Convention.

The destruction of property is prohibited. Article 23(g) of the 1907 Hague Regulations provides that the destruction or seizure of property is “especially forbidden”, unless “imperatively demanded by the necessities of war”. Article 53 of the Fourth Geneva Convention prohibits the destruction of real or personal property “except where such destruction is rendered absolutely necessary by military operation”. Under Article 147 of the Fourth Geneva Convention the “extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly” is considered a grave breach of the Convention. Article 8(2)(a)(iv) of the Rome Statute of the International Criminal Court declare that the Grave Breach of extensive destruction and appropriation of property is a War Crime.

Extra-Judicial killings are prohibited. Israel’s policy of assassination and the extra judicial killings of Palestinian civilians and military personnel that have been carried out by Israeli forces constitute grave breaches of provisions of International humanitarian and human rights law. These actions qualify as war crimes in accordance with Article 147 of the Fourth Geneva Convention of 1949 and Article 85 of the 1977 Protocol Additional to the Geneva Convention.

Al-Haq reiterates its calls for:

1. States Party to the Fourth Geneva Convention to act immediately to protect the integrity of the Geneva Convention, and to provide the Palestinian people with protection from Israeli human rights violations and demand an end to abuses committed by Israeli forces.

2. The Security Council and the UN General Assembly to end their indefensible silence regarding Israel’s blatant violations against Palestinians’ human rights, and its general disregard for the Rule of Law.

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