“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”

“Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice.”

“Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians … They shall be protected as such under the Conventions and this protocol, provided that they take no action adversely affecting their status as civilians…”

Article 79 – Protocol Additional to the Geneva Conventions of 12 August 1949 (Protocol 1)

Introduction

Israeli Occupation Forces (IOF) have continued to attack journalists despite the protection assigned to them under international humanitarian law. Journalists have been subjected to various kinds of attacks in apparent attempts by IOF to prevent media coverage of human rights violation those forces have perpetrated against Palestinian civilians in the Occupied Palestinian Territories (OPT).[1]

In light of the attacks by IOF against journalists, PCHR has issued a series of reports, “Silencing the Press,” which document attacks by IOF against local and international journalists and media institutions in the OPT to draw the attention of the world to human rights violations perpetrated by IOF in the OPT.

This report is the 11^th in an ongoing series of reports produced by the PCHR, documenting attacks by IOF against journalists from local and international press agencies, during the current al-Aqsa Intifada. This report is aimed at documenting the attacks by IOF against journalists in the period 1 April 2004 – 31 October 2007. The reporting period witnessed 316 attacks by IOF against journalists and media institutions. Such attacks included violations of the right to life and physical integrity; beating and cruel, inhuman and degrading treatment; detention; denial of access to areas of clashes; confiscation of media equipment; bombardment of media institutions; restrictions on the freedom of movement; and house raids. Information included in this report is based on field investigations eyewitnesses’ testimonies. Investigations conducted by PCHR into various attacks, especially killings, indicate that such attacks were deliberate and that IOF did not adhere to the principles of distinction and proportionality.

Since the beginning of the current al-Aqsa Intifada on 28 September 2000, IOF have killed 8 journalists.[2]

Name	Age	Place of residence	Job	Date of killing	Place of killing
Mohammed ‘Abdul Karim al-Beeshawi	27	Balata, Nablus	Photographer of al-Hayat al-Jadeeda newspaper and Sawt al-Haq magazine	31 July 2001	Nablus
‘Othman ‘Abdul Qader al-Qatanani	24	‘Askar, Nablus	Correspondent of Kuwait News Agency (Kona)	31 July 2001	Nablus
Raffaele Ciriello	42	Italy	A freelance photographer	11 March 2002	Ramallah
‘Emad Subhi Abu Zahra	30	Jenin	Director of al-Nakheel Press Office	12 July 2002	Jenin
‘Essam Mithqal al-Talawi	30	Bitounia, Ramallah	Correspondent of Palestine Radio	22 September 2002	Ramallah
Nazeeh ‘Aadel Darwaza	46	Nablus	Cameraman of Palestine Television and Associated Press	19 April 2003	Nablus
James Miller	34	UK	Owner of Frost Bite Production	2 May 2003	Rafah
Mohammed ‘Aadel Abu Halima	22	Balata, Nablus	Volunteer correspondent of an-Najah University Radio	22 March 2004	Nablus

During the reporting period, IOF fired at journalists in 85 cases, wounding 66 of them. The same period witnessed 98 cases in which journalists IOF troops beat journalists and subjected them to cruel, inhuman and degrading treatment; 78 cases in which journalists were arrested and detained; 21 cases in which journalists were denied their right to carry out their job; 5 cases in which press cards and media equipment were confiscated; 21 cases in which media institutions were raided and searched; 4 cases in which journalists were prevented from traveling abroad; and 4 cases in which houses of journalists were raided and searched.

Since the beginning of the current al-Aqsa Intifada, PCHR has documented 786 attacks by IOF against journalists.

Kind of attack	29 Sept. – 31 Dec. 2000	2001	2002	2003	2004	2005	2006	1 Jan. – 31 Oct. 2007	Total
Shooting attacks resulting in death	Nil	2	3	2	1	Nil	Nil	Nil	8
Shooting attacks resulting in injuries	22	33	34	8	18	7	26	23	171
Shooting without causing casualties	4	17	17	6	11	Nil	3	6	64
Arrest, detention or interrogation	1	16	62	21	24	23	22	20	189
Beating and humiliation	9	30	24	9	13	25	40	25	175
Attacks on media institutions	4	10	33	4	6	3	8	4	72
Confiscation of media equipment	4	5	32	7	2	Nil	2	1	53
Denial of access to certain areas	2	3	2	5	3	3	4	12	34
Denial o travel	Nil	Nil	Nil	5	1	2	Nil	1	9
House raids	Nil	Nil	4	3	1	Nil	2	1	12
Total	46	116	211	70	80	63	107	93	470

No serious investigations have been conducted into attacks by IOF against journalists from local and international media institutions, and the perpetrators of such attacks have been left free.

PCHR is deeply concerned for such attacks by IOF against journalists, and stresses that such attacks are an expression of the excessive and indiscriminate use of force by IOF against Palestinian civilians, which is sometimes lethal.

PCHR has faced some difficulties in categorizing attacks, and an attack may include more than one violation.

· On 26 October 2007, an Italian journalist called Antonio was wounded by a rubber-coated metal bullet to the thigh when IOF troops used force against a peaceful demonstration organized by scores of Palestinian civilians and international and Israeli human rights defenders against the construction of the Annexation Wall in Bal’ein village, west of Ramallah. The journalist was reporting on the demonstration.

· On 19 October 2007, Ghassan Bannoura, a journalist at Middle East Media Center, was wounded by a rubber-coated metal bullet to the leg, when he was reporting on a peaceful demonstration organized in Bal’ein village, west of Ramallah, against the construction of the Annexation Wall.

· On 16 October 2007, ‘Alaa’ Badarna, from the German news agency, was wounded by 4 rubber-coated metal bullets to the right shoulder, when IOF troops that had moved into Nablus and the neighboring ‘Askar refugee camp fired at him. During that incursion, IOF troops also shot dead a member of the Palestinian resistance and an old man and wounded 8 other Palestinians.

· On 5 October 2007, ‘Emad Bernat, from Reuters news agency, was seriously wounded as he was hit by a sound bombs detonated by IOF troops, when he was reporting on a peaceful demonstration organized by Palestinian civilians and international and Israeli human rights defenders in Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall. IOF dispersed the demonstration by force. Bernat was wearing a suit with a clear press badge, and was carrying a camera when IOF troops fired at him. According to Badarna, he has become unable to walk normally.

· On 2 October 2007, hundreds of Palestinian civilians and dozens of journalists gathered near Erez crossing in the northern Gaza Strip, waiting for 29 Palestinians who would be released from Israeli jails through the crossing. When the released Palestinians started to get out of the crossing, civilians and journalists moved forwards and got nearly 300 meters close to the crossing. Suddenly and without warning, IOF troops positioned at observation towers around the crossing opened fire at these civilians and journalists. As a result, Mohammed Jadallah Salem, 23, a cameraman of Reuters, was wounded by a gunshot to the left leg.

· On 20 September 2007, Nasser Suleiman Eshtayeh, 37, a cameraman of Associated Press, hit by a sound bomb to the feet detonated by IOF troops that had moved into Nablus.

· On 5 July 2007, a journalist working for the local al-Aqsa Television was deliberately targeted by IOF. ‘Emad Ghanem, a cameraman of the al-Aqsa Television, was shot 3 times by IOF and as a result of his wounds both of his legs were amputated. According to investigations conducted by PCHR, at approximately 02:30 on Thursday, 5 July 2007, an IOF infantry unit moved nearly 1,000 meters into al-Boreij refugee camp in the central Gaza Strip. IOF troops raided nearby homes, used them as bases for operations and eventually received air and ground reinforcements. Clashes with resistance fighters ensued and continued throughout the morning. At approximately 08:00 ‘Emad Ghanem, 21, a cameraman of the al-Aqsa Television, left his home to cover the clashes. According to Ghanem, in his haste he failed to dress in the clothing that normally identifies him as a journalist. At approximately 11:00 an Israeli tank shell was fired, killing or wounding a number of fighters and civilians. Ghanem rushed to report what had happened and film the injured and dead being evacuated. While attempting to film the scene, Ghanem was hit to his right leg. He fell onto the ground and his camera fell next to him. According to Ghanem and other witnesses, soon after Ghanem was hit, Israeli tanks, which had been about 70 meters away, advanced and began to shoot intensely at the area where he lay wounded. All those trying to reach Ghanem, including other members of the press (Turkish Press Agency, al-Manar Television and al-Arabiya Television), were forced to take cover and were unable to reach him. The Israeli tanks eventually halted their advance, stopping within 30 meters of Ghanem. Approximately 5-10 minutes after first being hit, the Israelis fired twice more at Ghanem, striking him to the left leg and again to his right leg. Those in the vicinity, including press colleagues and nearby residents, tried again to reach him, but as before, they were prevented from doing so by Israeli fire. Not until 15-20 minutes later, when the firing ceased and the Israeli tanks finally withdrew, were they able to reach Ghanem and carry him to safety. Ghanem arrived at Shifa Hospital in Gaza City with life-threatening wounds and was rushed into surgery. As a result of his serious injuries, doctors were forced to amputate his legs; Ghanem’s right leg was amputated above the knee and his left leg was amputated below the knee. He was then moved into the intensive care unit where he remained in a critical condition for a number of days.

· On 15 June 2007, an American journalist, Rab, was wounded by a rubber-coated metal bullet to the abdomen, fired at him by IOF troops. He was reporting on a peaceful demonstration organized by Palestinian civilians and international and Israeli human rights defenders in Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall. IOF troops used force to disperse the demonstration.

· On 1 June 2007, Castillo Herror, a Greek journalist, was wounded by a rubber-coated metal bullet to the head fired at him by IOF troops. He was reporting on a peaceful demonstration organized by Palestinian civilians and international and Israeli human rights defenders in Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall. IOF troops used force to disperse the demonstration.

· On 25 May 2007, ‘Abbas al-Moumani, a photographer of France Press Agency (AFP), was wounded by a rubber-coated metal bullet to the head, fired at him by IOF troops. He was together with other journalists reporting on a peaceful demonstration organized by Palestinian civilians and international and Israeli human rights defenders in Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall. IOF troops used force to disperse the demonstration. Al-Moumani was wearing a suit with the press badge.

“After a number of journalists and I had finished reporting on the weekly demonstration in Bal’ein village, west of Ramallah, and the use of force by IOF against the demonstrators, we went back to the entrance of the village to travel in our cars, which were marked by the press badge. A number of IOF troops stopped us and tried to prevent us from reaching our cars for no apparent reason. It was clear that they just wanted to obstruct us. We agreed with them to allow two of us to bring the cars. Ahmed Gharabla, a journalist from Gama news agency and Is’haq al-Kbaisa, a journalist from PalMedia, went to bring the cars, but IOF troops detained them near the cars. When we walked towards the entrance of the village, we were surprised by IOF troops present there. They immediately moved towards us. An IOF officer asked us: ‘Why are you here?’ I answered him: ‘We were carrying our job and we are now on our way back…’ Soon after, an IOF soldier fired at me from a distance of only 2 meters. I was wounded by a rubber-coated metal bullet to the head, and I fell onto the ground. My colleagues gathered around me, but IOF troops fired 4 tear gas canisters at us. I was then evacuated to the hospital. Later, I learnt that Gharabla and al-Kbaisa were detained for 2 hours.”

· On 17 May 2007, IOF troops fired at Mohammed ‘Eissa al-Ashqar, a cameraman of the local al-Salam Television in Tulkarm, when he was getting out of his car, which was clearly marked by the press badge. Al-Ashqar, who was wearing a bullet-proof suit marked with the press badge, parked his car in Port Said Street in the east of the town. He got out of his car to film an incursion by IOF into the town. An IOF soldier who was positioned at a nearby intersection fired at al-Ashqar. He was not hurt, but the front window of the car was broken.

“I traveled towards Port Said Street in Tulkarm to report on an incursion by IOF into Tulkarm refugee camp. As soon as I parked my car and got out of it, an IOF soldier positioned at a nearby intersection fired at me, although I was wearing a suit clearly marked with the press badge. My car was also marked with the press badge. The front window of my car was damaged. I shouted on the soldier: ‘What are you doing? I am a journalist and this is a press car.’ He answered me: ‘Photographing is banned and you must leave the area immediately.”

· On 16 May 2007, two journalists were wounded when IOF bombarded a site of the Executive Force of the Palestinian Ministry of Interior in Rafah. Three members of the Executive Force were killed and 27 Palestinians, including Fadi ‘Omar al-Nahhal, correspondent of the local al-Shabab radio, and Sameer Mohammed al-Bouji, a journalist from the al-Buraq news agency, were wounded. The two journalists were in a police station close to the targeted site interviewing the chief of police about his earlier resignation. Al-Nahhal was wounded by shrapnel to the legs, and al-Bouji was wounded by shrapnel to the back.

· On 20 April 2007, IOF troops fired rubber-coated metal bullets and tear gas canisters at a number of journalists who were reporting on a peaceful demonstration in organized Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall. Mos’ad Abu Te’ma, 34, a cameraman of the British Channel 4, wounded by 2 rubber-coated metal bullets to the head and the back. Additionally, Shireen Abu ‘Aaqla and Ramadan ‘Afana, from al-Jazeera Satellite Channel, and Daoud ‘Akkila, a cameraman of Dubai Television, suffered from tear gas inhalation. As IOF troops used force to disperse the peaceful demonstration, 12 demonstrators, including 4 women and 4 international human rights defenders, were wounded by rubber-coated metal bullets.

“Amani Abu Hantash, correspondent of Dubai Television, and I traveled to Bal’ein village to report on the weekly peaceful demonstration organized in the village in protest to the construction of the Annexation Wall. I started to film IOF troops oppressing the demonstrator. I was wearing a suit clearly marked with the press badge and was carrying the camera on my shoulder. While I was filming the scene, an IOF soldiers threw a tear gas canister at me. It fell near me. I suffered from tear gas inhalation, so I fainted. My colleagues took me to a safer place, where I received first medical aid, and I then left the village. IOF troops were so violent against journalists on that day.”

· On 23 March 2007, Mufeed Hassana, a photographer of Palestine News Agency (Wafa), was injured to the right thigh when IOF troops detonated a sound bomb near him, while he was photographing the weekly peaceful demonstration organized in Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall.

“I was photographing the weekly demonstration organized in the village in protest to the construction of the Annexation Wall. When the demonstrators got close to the Wall, IOF troops fired rubber-coated metal bullets, tear gas canisters and sound bombs at them. An IOF soldiers threw a sound bomb near me and other journalists. The bomb hit my right thigh and exploded. My thigh was injured and burnt.”

· On 23 February 2007, ‘Aadel Bardalu, a cameraman of CNN, was hit by a sound bomb to the face, and Muheed al-Barghouthi, a journalist of the daily local al-Hayat al-Jadeeda, was wounded by a rubber-coated metal bullet to the back, when they were reporting on the weekly peaceful demonstration organized in Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall. IOF troops fired rubber-coated metal bullets, tear gas canisters and sound bombs at the demonstrators.

· Also on 23 February 2007, ‘Ata ‘Owaisat, a journalist from France Press Agency (AFP), was injured by shrapnel from a sound bomb detonated by IOF troops near a number of Palestinian civilians in occupied Jerusalem following the Friday Prayer.

· On 16 February 2007, ‘Emad Bernat, from Reuters news agency, was wounded by a rubber-coated metal bullet to the right leg fired at him by IOF troops, when he was reporting on a peaceful demonstration organized by Palestinian civilians and international and Israeli human rights defenders in Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall. IOF dispersed the demonstration by force.

· On 16 February 2007, dozens of Palestinian civilians demonstrated at the eastern entrance of Beit Ummar, north of Hebron, in protest to excavations by IOF in the vicinity of the al-Aqsa Mosque in occupied Jerusalem. They threw stones at an IOF military post in the area. Immediately, IOF troops fired at the demonstrators, wounding Nasser Hussein Shyoukhi, a journalist, with a rubber-coated metal bullet to the left leg.

· On 26 January 2007, 3 journalists, including a British one, were injured by IOF troops, while reporting on a peaceful demonstration organized in Bal’ein village, west of Ramallah, in protest to the construction of the Annexation Wall:

3. Mustafa Khbaisa, a photographer of Palestine Media and Communication Company, sustained bruises to the right foot as IOF troops beat him.

· On 4 January 2007, Fadi al-‘Aarouri, a journalist working for the daily local al-Ayyam and Ma’an news agency, was seriously wounded by 2 gunshots to the right side, when IOF troops that had moved into Ramallah fired at him and some other journalists. Al-‘Aarouri underwent a nephrectomy surgery at Sheikh Zayed Hospital in Ramallah to stop the hemorrhage he was suffering from, and he was then transferred to an Israeli hospital. An IOF undercover unit had earlier moved into Ramallah. IOF military vehicles then moved into the town to support the undercover unit. IOF troops raided a building in the center of the town to arrest an allegedly wanted Palestinian. During the operation, 4 Palestinian civilians were killed and 19 others, including al-‘Aarouri, were wounded by the IOF gunfire.

“I went out of my office and headed immediately towards al-Manara Square in the center of Ramallah, when I learnt that IOF moved into the town. I joined a number of journalists in the area. We were moving together, as we used to do, to report on the incursion. When we were on Ramallah – Jerusalem road filming IOF troops, who were nearly 50 meters away from us, an IOF soldier fired at us without warning. I was wounded to the right side. I turned back, but I was hit by another gunshot to the back. I fell onto the ground unconscious. I learnt from my colleagues later that they evacuated me to Sheikh Zayed Hospital. I was then transferred to Ichilov Hospital in Israel because I was in a serious condition. On 15 May 2007, I woke up from a 5-month coma. Doctors informed me that I underwent a nephrectomy surgery. On 15 September 2007, I was admitted into Ichilov Hospital again, where doctors ablated a part of my liver, which was damaged by the wound.”

In his testimony to PCHR, ‘Abbas al-Mouanic, al-‘Aarouri’s colleague, stated:

“When I was standing near my colleague Fadi al-‘Aarouri, I saw an Israeli sniper positioned in the car park. He fired at least 13 gunshots at us. A gunshot hit al-‘Aarouri. The sniper could see us and realize that we are journalists. Although we hid behind an iron door of a shop, the sniper continued to fire at us until al-‘Aarouri was wounded.”

· On 5 December 2006, Haitham al-‘Omari, a cameraman of the a-Arabiya Satellite Channel, was hit by shrapnel from a sound bombs detonated by IOF troops, when he was reporting on an incursion by IOF into al-Masayef neighborhood in Ramallah.

“When I was in al-Masayef neighborhood in Ramallah, I was surprised by an IOF undercover unit moving into the area to arrest someone. I started photograph IOF soldiers who were masked. While I was photographing, a number of IOF soldiers came to me and ordered me to leave the area claiming that there was a military operation in the area. I refused to leave the area and continued to carry out my job. Later, I learnt that IOF troops presented some other journalists from carrying out their job in the neighborhood. When I was about to leave the area after having finished photographing, an IOF military jeep got close to me. I thought it was intending to run me down. An IOF soldier detonated a sound bombs when hit my right foot. I sustained burns and cuts. My colleagues evacuated me to the hospital.”

· On 22 November 2006, Mohammed ‘Athba, a journalist working for Associated Press, was wounded by a rubber-coated metal bullet to the thigh fired at him by IOF troops. He was reporting in the demolition of houses and agricultural facilities by IOF in al-Fundoq village, east of Qalqilya.

· On 20 November 2006, Ahmed Mezher, a journalist working for the Palestinian News Agency (Wafa), was wounded by shrapnel from gunshots to the limbs. IOF troops fired at him when he was reporting on a military operation in Bethlehem. An IOF undercover unit had already moved into Wad Shaheen neighborhood in Bethlehem and besieged a house belonging to the family of Mahmoud ‘Abdullah Nawawra.

· On 3 November 2006, Hamza Mohammed al-‘Attar, a journalist working for the local Ramattan news agency, was seriously wounded by 3 gunshots to the left shoulder and the chest fired at him by IOF troops during an offensive on the northern Gaza Strip town of Beit Hanoun. Al-‘Attar and his colleague, Tamer al-Jammal, were reporting on a peaceful demonstration organized by Palestinian women to break the siege imposed by IOF on al-Nasser Mosque in the town, where a number of members of the Palestinian resistance had shelter. Al-‘Attar was evacuated to Shifa Hospital in the Gaza City, and he was later transferred to an Israeli hospital. Doctors have not been able to remove two of the gunshots that hit al-‘Attar. During the incursion into Beit Hanoun, IOF disrupted the broadcasting of a number of Palestinian radio station, and broadcasted a recoding for the IOF spokesman ordering residents of Beit Hanoun to stay at

The Palestinian Centre for Human Rights

Affiliate of the International Commission of Jurists – Geneva

Member of the International Federation for Human Rights – Paris

Introduction