PCHR
Palestinian Centre for Human Rights

Weekly Report: On Israeli Human Rights Violations in the Occupied Palestinian Territories

No. 46/2003

04-10 December 2003

Israeli Forces Continue to Perpetrate Crimes in the OPTs

This week, Israeli occupying forces continued to violate the human rights of Palestinian civilians in the Occupied Palestinian Territories (OPTs). Throughout the week they conducted incursions into Palestinian areas; shot at Palestinian civilians, including children; indiscriminately shelled residential areas; demolished houses; and leveled agricultural land. 2 Palestinian children were killed by Israeli occupying forces in Rafah in the southern Gaza Strip and Qalandya refugee camp, north of Jerusalem. Israeli occupying forces also continued to impose a tight siege on the OPTs.

In violation of international human rights and humanitarian law, in particular the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949, Israeli forces continued to take retaliatory measures against the families of Palestinians Israel alleges have ordered, facilitated, or carried out attacks against Israeli targets. In this context, Israeli occupying forces destroyed a Palestinian house in Hebron.

Also in clear violation of international humanitarian law, Israeli occupying forces transferred 12 Palestinians from the West Bank to the Gaza Strip. 8 of the group were moved to the Gaza Strip on Thursday evening, 4 December 2003; the remaining 4 Palestinians were moved to the Gaza Strip on Friday morning, 5 December 2003. The transfers followed a ruling issued by the Israeli High Court on Thursday, 4 December 2003, approving the transfer orders issued against the 12 by Major General Moshe Kaplinski, GOC of the Central Command. Since 10 November 2003, 17 of the original group of 18 have been transferred to the Gaza Strip. The 18^th detainee, Mustafa 'Aabed, from Nablus, remains in detention at Erez military compound in the northern Gaza Strip. These transfers constitute a war crime as clarified in article 85 of the First Additional Protocol to the Geneva Conventions.

On Monday morning, 8 December 2003, Bashir Mohammed Ahmed 'Owais, 27, from Balata refugee camp east of Nablus, died following reports of torture and medical negligence. ‘Owais was being held in custody by Israeli occupying forces at 'Affoula Hospital in Israel at the time of his death.

Despite international criticism, including the recent UN General Assembly Resolution referring the case of the “separation wall” in the West Bank to the International Court of Justice, Israeli occupying forces continued with its construction. This week, construction continued on the part of the wall passing near the Jerusalem villages of 'Anata, al-Sawahra al-Sharqia, 'Eizariya and Abu Dis. Upon completion of this section, the villages will be divided into isolated cantons and approximately 2000 donums[1] of land in 'Eizariya village will be annexed to "Ma'aleh Adumim" settlement. It will also isolate approximately 50 Palestinian houses from the rest of the village. In addition, for three days this week Israeli occupying forces closed the iron gate between Baqa al-Sharqia village, west of Tulkarm and its agricultural areas, denying Palestinian farmers access to these areas.

Israeli occupying forces have continued to impose severe restrictions on movement of Palestinian civilians in the Gaza Strip and the West Bank, including Jerusalem.

In the Gaza Strip, Israeli occupying forces continued to impose a strict siege on Palestinian communities and restrict the movement of Palestinian civilians. They also continued to enforce the closure of a number of main and branch roads in the Gaza Strip and Palestinian civilians continue to be subjected to humiliating and degrading treatment at Israeli military checkpoints and border crossings. The restrictions on movement and the fragmentation of the OPTs, through the erection of Israeli checkpoints and barriers, systematically violate Palestinian economic, social and cultural rights. Recently, Israeli occupying forces imposed further restrictions on the movement of Palestinian civilians between the north and south of the Gaza Strip. In the West Bank, Israeli occupying forces continued to impose a strict siege on Palestinian communities and restrict the movement of Palestinian civilians. They also continued to close permanent military checkpoints, erected temporary ones on main and branch roads and imposed curfews on a number of Palestinian communities.

In a step aimed at maintaining control over the Gaza Strip, Israeli occupying forces established a new military post and observation tower to the west of "Netzarim" settlement, south of Gaza City, and a new observation tower along the eastern border of the Gaza Strip. They also equipped another observation tower along the border with a camera. It is worth noting that there are approximately 65 Israeli military posts inside and along the borders of the Gaza Strip, with high observation towers that are often used to shell Palestinian residential areas. PCHR's field workers reported that there is an Israeli military post every 2 kilometers along the border between the Gaza Strip and Israel.

Shelling of, and Encroachment into Palestinian Areas and Attacks on Palestinian Civilians and Property

At approximately 08:00, Israeli occupying forces positioned in military locations in the vicinity of “Gani Tal” settlement, northwest of Khan Yunis, opened fire at Palestinian houses and agricultural areas in al-Rabwat al-Gharbiya area to the east. A Palestinian woman, Kulthoum Darwish al-Astal, 40, was wounded by a live bullet in the back. At the time of the attack, al-Astal was inside her house, approximately 300m away from the source of fire.

At approximately 19:30, Israeli occupying forces, reinforced by heavy military vehicles, moved into the old town of Nablus, to search for allegedly wanted Palestinians. A number of Palestinian children gathered and threw stones at the Israeli military vehicles. Immediately, Israeli soldiers fired at the children, wounding 15-year-old Ahmed Salama ‘Abdul Fattah with a live bullet in the back.

At approximately 10:00, Israeli occupying forces, reinforced by a tank and a military bulldozer, moved approximately 80m into al-Rabwat al-Gharbiya area in the northwest of Khan Yunis. Under cover of indiscriminate shelling, they leveled areas of land and partially destroyed a 200-square-meter, 2-storey house owned by Mustafa ‘Olayan al-‘Aqqad. The 8 residents had already vacated the house, following frequent Israeli shelling of the area.

In the evening, in an excessive use of force, Israeli occupying forces shot dead a Palestinian child working as a baggage porter at Rafah Terminal on the Egyptian border.

According to PCHR’s investigations, at approximately 18:00, the Israeli civil liaison asked their Palestinian counterparts to vacate the external gate of Rafah Terminal, claiming that there was a mysterious object near the barbwire adjacent to the gate. As the electricity was off, the area in question was in darkness. A few minutes later, Israeli soldiers at the terminal opened fire at the area close to the gate, sending people running for cover from the Israeli gunfire that continued for approximately 30 minutes. 16-year-old Jihad Mousa Hassan al-Akhras, who worked as a baggage porter at Rafah Terminal, was near the Palestine Cafeteria approximately 30m away from the terminal gate, waiting to receive his mother who was returning from Egypt and to carry travelers’ baggage. When the shooting stopped, workers at the terminal and Jihad’s brothers began to search for him. Some time later, the Israeli military liaison informed their Palestinian counterparts that there was a body in the area. The body remained on the ground until the following morning, Saturday, 6 December 2003 and at approximately 08:00, a number of women from Jihad’s family attempted to enter the area where his body lay, but were refused entry by Israeli soldiers who forced them back. An hour later, Israeli occupying forces allowed 3 Palestinian security officers to move the body into the terminal, where it was checked by Israeli soldiers. At approximately 10:30, the body was transferred by ambulance to Martyr Mohammed Yousef al-Najjar Hospital in Rafah. According to medical sources, the child was hit by numerous live bullets throughout the body. It is worth noting that one of the victim’s brothers, Wa’el, 28, was killed on 15 March 2003 by a live bullet fired by Israeli soldiers, while he was near his house, adjacent to the Rafah Terminal.

At approximately 08:30, Israeli occupying forces moved into Wadi al-Hariya neighborhood in the south of Hebron. They raided the house of Salah ‘Abdul Qader ‘Amru, 32 and attempted to arrest him, claiming that he is wanted by Israeli authorities. Israeli soldiers forced the 13 residents of the house out and detained them for 2 hours, while thoroughly searching the house. It was the third time in less than one month that Israeli occupying forces had raided and searched the house.

At approximately 08:00, Israeli occupying forces, reinforced by heavy military vehicles, including a bulldozer, moved approximately 200m into al-Rabwat al-Gharbiya area in the northwest of Khan Yunis. Under cover of indiscriminate shelling, they razed areas of Palestinian agricultural land:

1. They razed a 1.5-donum area of agricultural land planted with citrus and olives and destroyed an irrigation network owned by Mousa Mohammed Salman Abu ‘Owaili.

2. They razed a 1-donum area of agricultural land planted with palms and destroyed the fence surrounding the land owned by Mohammed Ramadan Fares.

3. They razed a 500-square-meter area of agricultural land planted with olives owned by Fu’ad Mousa al-Agha.

4. They razed a 300-square-meter area of agricultural land planted with olives and palms and destroyed an irrigation network owned by Salah ‘Abdul Ra’ouf ‘Abdul Ghafour.

At approximately 19:00, Israeli occupying forces moved into the southern part of Tulkarm and surrounded a mourning service being held for the death of a member of the al-Jallad family. Israeli soldiers raided the area and checked the people expressing their condolences, before arresting 10. They took the detainees to the headquarters of the Israeli military liaison in the west of the town and interrogated them for several hours. They later released 8 and kept the remaining 2 in Israeli custody.

At approximately 20:00, Israeli occupying forces moved into Abu Sunaina neighborhood in the south of Hebron and raided a number of Palestinian houses. They surrounded the house of ‘Ali Mohammed ‘Aashour and forced its residents and those of neighboring houses (numbering 45 people) to evacuate the buildings. The residents were forced to remain in the street until 22:00, at which point Israeli forces withdrew without from the area. No arrests were reported.

At approximately 15:00, Israeli occupying forces positioned in military locations in the vicinity of “Neve Dekalim” settlement, west of Khan Yunis, opened fire at the Khan Yunis refugee camp and al-Nimsawi neighborhood to the east. A Palestinian schoolchild, Fatema Mousa Khalafallah, 10, was wounded by a live bullet in the chest while she was in her school approximately 700m away from the source of fire.

At approximately 18:00, Israeli occupying forces moved into ‘Aaida refugee camp, northwest of Bethlehem. They raided and searched the house of Mustafa Mohammed Abu ‘Aker’s and held the family for more than 40 minutes. When they withdrew, they arrested the owner’s son, ‘Ammar, 20.

At approximately 12:00, more than 15 Israeli heavy military vehicles moved approximately 150m into al-Brazil neighborhood near the Egyptian border, south of Rafah. They opened fire at Palestinian houses and streets, wounding 2 Palestinians civilians:

1. Yousef Mahmoud al-Mughari, 22, wounded by 3 live bullets in the right shoulder and both hands, and lost 2 fingers; and

In the evening, in an excessive use of force, Israeli occupying forces shot dead a Palestinian child in Qalandya refugee camp, north of Jerusalem.

According to PCHR's investigations, at approximately 17:00, a number of Palestinian children gathered and threw stones at Israeli soldiers positioned at Qalandya military checkpoint on the Ramallah–Jerusalem road, north of Jerusalem. Immediately, Israeli soldiers fired at the children, killing 16-year-old Fares Ibrahim Mohammed Jamzawi with a live bullet in the left eye. According to eyewitnesses, Israeli soldiers shot the child from a distance of approximately 70m. According to PCHR's documentation, 17 Palestinians under the age of 20, including 7 under the age of 16, have been killed by Israeli soldiers in the same area since the beginning of the current Intifada.

At approximately 18:00, Israeli occupying forces that had moved into al-Brazil neighborhood in the south of Rafah, adjacent to the Egyptian border, opened fire at Palestinian houses in the neighborhood. A Palestinian civilian, Ahmed Mustafa al-Maniarawi, 20, was wounded by a live bullet in the right foot.

PCHR’s field worker in Rafah reported that before their withdrawal from the neighborhood at approximately 21:15, they planted explosive devices inside a 160-square-meter, 2-storey house owned by Kamel Mahmoud ‘Abdul Hadi Darwish and destroyed it. As a result, 6 neighboring houses were also destroyed. Darwish’s house was partially destroyed by Israeli occupying forces on 17 June 2003. PCHR has not obtained details of the other 6 houses that were destroyed as the residents of the area had vacated the houses.

Collective Punishment against Families of Wanted Palestinians and Those Who Have Carried out Armed Attacks against Israeli Targets

In violation of international humanitarian law, in particular the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949, article 33 of which prohibits punishing any protected person for “an offence he or she has not personally committed,” Israeli forces took retaliatory measures against the families of Palestinians Israel alleges have ordered, facilitated, or carried out attacks against Israeli targets.

At approximately 00:10 on Thursday, 4 December 2003, Israeli military vehicles moved into Sha’aba neighborhood in the northeast of Hebron. They raided the house of ‘Abdul Rahman ‘Abdul Mon’em al-Fakhouri, 58. They forced the three families (10 people) living in the house to vacate it in 10 minutes. Then, they planted explosives inside the first floor of the 190-square-meter, 2-storey house. At approximately 02:45, they detonated the explosives on the first floor, totally demolishing the building, and severely damaging a nearby well.

According to al-Fakhouri, Israeli soldiers photographed the house twice; once before its destruction and another following its destruction. Al-Fakhouri is the father of 'Alaa' ak-Din al-Fakhouri, 23, who was killed together with Walid 'Obaido while carrying out an armed attack against Israeli occupying forces in the center of Hebron on 8 June 2003.

On Saturday morning, 6 December 2003, Israeli occupying forces erected a new observation point on the eastern border of the Gaza Strip opposite to ‘Abasan village, east of Khan Yunis. The observation point is a cylindrical tower surrounded by sand barriers. Israeli occupying forces claim that the establishment of such observation towers is to provide security for Israeli occupying forces, however, these positions are frequently used to indiscriminately fire into Palestinian residential areas.

On the same day, Israeli occupying forces installed a video camera at a military location on the eastern border of the Gaza Strip opposite to Khuza’a village, east of Khan Yunis.

On Sunday, 7 December 2003, Israeli occupying forces established a new military post, approximately 300m to the west of “Netzarim” settlement, on Palestinian land in Sheikh ‘Ejlin neighborhood to the south of Gaza City. The military post is linked to the “Netzarim” settlement by a settler road that was paved recently. Israeli occupying forces erected a 6-meter-high observation tower inside the military post. The tower was positioned on a 5-meter-high hill of sand. This new Israeli military location overlooks the coastal road, approximately 120m to the west. Indiscriminate fire from the tower poses a serious threat to Palestinians who travel on the road to and from Gaza City. A tank has been permanently positioned inside the military post. The tank often indiscriminately fires shells into the surrounding areas. It is worth noting that Israeli occupying forces seized a 3-storey house belonging to the Abu Khousa family, a few meters away from the new military post, at the beginning of the current Intifada, and are still holding it under their control.

Israeli occupying forces have continued to impose severe restrictions on the movement of Palestinian civilians and resources in and out of the Gaza Strip and the West Bank, including Jerusalem.

Israeli occupying forces have continued to impose a strict siege on Palestinian communities and restrict movement of Palestinian civilians in the Gaza Strip. They have also maintained the closure of a number of main and branch roads in the Gaza Strip by Israeli soldiers stationed at Israeli military checkpoints. Such restrictions on freedom of movement are in contravention of international human rights law to which Israel is a state party, including the International Covenant on Economic, Social and Cultural Rights.

Recently, Israeli occupying forces have imposed tighter restrictions on the movement of Palestinian civilians between the north and south of the Gaza Strip. Israeli occupying forces positioned at the Abu Houli and al-Matahen checkpoints on Salah al-Din Street, the main road between the north and south of the Gaza Strip, have continued to obstruct movement of Palestinian civilians. Palestinians are frequently subjected to humiliating and degrading treatment at these checkpoints which are only open for a maximum of 2 hours per day.

At approximately 15:00 on Friday, 5 December 2003, many Palestinian vehicles were trapped between the two checkpoints when Israeli occupying forces simultaneously closed both of them. They forced a number of vehicles to move into an enclosed area and began to search the vehicles. They ordered Palestinian civilians to get out of the vehicles, checked their ID cards, and then detained them in the area until 18:00. During this time, Israeli soldiers sporadically opened fire above the vehicles. Later, Israeli occupying forces claimed that they arrested a Palestinian activist. The same measures were implemented again on Sunday, Monday and Wednesday, 7, 8 and 10 December 2003.

Israeli occupying forces have tightened the siege imposed on the al-Sayafa area between "Dogit" and "Elli Sinai" settlements in the northern Gaza Strip. Palestinian civilians moving in and out of the area are now subjected to prolonged physical checks by Israeli soldiers stationed at the only entry point into the area. They are only allowed to move in and out of the area between 06:30 and 8:30 and between 14:00 and 16:15. Israeli soldiers force male Palestinians to reveal the upper part of their body while being escorted to the checking area. Female Palestinians are searched by female Israeli soldiers. Entry of foodstuffs into the area is only allowed twice a week. Each load of foodstuffs is checked by a trained dog. When the dog is absent, entry of foodstuffs is not allowed. Furthermore, school children are forced to cross long distances on foot to reach their schools. When they return from their schools, they are made to wait at the entrance of the area until the designated entry times, which are subject to change.

Israeli occupying forces have also continued to impose a strict siege on al-Mawasi area in the southern Gaza Strip, restricting movement into and out of the area. Israeli occupying forces have increased restrictions on movement of Palestinians through al-Tuffah checkpoint at the entrance to al-Mawasi area, west of Khan Yunis. Male Palestinians under 35 years old and female ones under 25 have been denied passage across the checkpoint.

Israeli occupying forces have continued to impose a strict siege on Palestinian communities in the West Bank and restrict movement of Palestinian civilians. They have maintained permanent military checkpoints and have erected many temporary ones on the main and branch roads of Palestinian cities and towns in the West Bank. Israeli occupying forces use these military locations to severely restrict the movement of Palestinians living in the West Bank, often not allowing Palestinians to travel outside of the town or city in which they live. Israeli occupying forces have also imposed curfews on a number of Palestinian communities in the West Bank. These curfews are often enforced through the use of sniper fire.

On Monday morning, 8 December 2003, Israeli occupying forces imposed a curfew on the villages of Qarawat Bani Hassan, Bedia, Masha, Deir Ballout, al-Zawia and Rafat, west and south of Salfit. A PCHR field worker reported that at approximately 05:00, Israeli occupying forces moved into these villages and blocked all roads leading to them. Israeli soldiers also closed a military checkpoint at the entrance of Deir Ballout village. As a result, dozens of Palestinian vehicles were trapped between the villages of Deir Ballout and Rafat for more than 4 hours. Israeli occupying forces strengthened their presence on the roads leading into the area and erected numerous checkpoints on the so-called “Tras-Samaria” road. They also imposed a closure at the Za’tara checkpoint on the road linking Nablus and Ramallah.

On Thursday and Friday, 4 and 5 December 2003, Israeli soldiers positioned at Beit Eiba checkpoint, west of Nablus, denied passage for Palestinian medical personnel and ambulances to nearby villages, claiming that according to the law, an ambulance can move with a patient, one physician and one medic only. The villages near Nablus lack medical personnel. As a result, medical personnel have to be sent into the villages from Nablus. According to these medical personnel, Israeli soldiers want them to exit the ambulances and then cross the military checkpoints on foot before reentering the ambulances on the other sides of checkpoints. Considering the long delays imposed on civilians that cross the checkpoints on foot and the large amount of checkpoints that exist, this policy cause the ambulances to be delayed for several hours. As a result, such a policy seriously endangers the lives of all patients in the villages who may potentially need emergency medical attention.

On Monday morning, 8 December 2003, Bashir Mohammed Ahmed 'Owais, 27, from Balata refugee camp east of Nablus, 27, a Palestinian who had been in custody by Israeli occupying forces, died at 'Affoula Hospital inside Israel.

According to PCHR's investigations, at approximately 12:00 on the same day, the administrations of 'Affoula Hospital and Mageddo Prison informed the victim's family that he had died. The victim had been placed under 6-month administrative detention in Mageddo Prison.

According to the victim's brother, the family was informed by the Palestinian Prisoners Association in Nablus that Bashir was arrested by Israeli occupying forces on 1 November 2003 at an Israeli military checkpoint between Tulkarm and Nablus in the north of the West Bank. He was taken to Hawara detention center, south of Nablus. Three days later, the family learnt that he was transferred to Salem detention center, west of Jenin, where he was interrogated for 11 consecutive days. Later, he was transferred to Mageddo Prison inside Israel. Bashir’s brother added that he had appeared before the Israeli military court in 'Ofar Prison on 1 December 2003, when he was sentenced to 6-months administrative detention. He was then taken back to Mageddo Prison.

During his detention and various transfers, Bashir had complained for 4 consecutive days of acute headaches. He was taken more than once to the prison's clinic, where he was given Acamol, an anti-headache drug. On Thursday evening, 3 December 2003, he was taken to the clinic while suffering from an acute headache. He was given an analgesic injection to make him sleep. When awoke the following morning, he fell onto the ground and fainted. His fellow detainees intervened with the prison's administration, which finally called for an ambulance to evacuate him to 'Affoula Hospital inside Israel under a tight escort. A medical check revealed that he was suffering from a brain clot and condition continued to deteriorate until he died on 8 December. The victim's brother asserted that he was not suffering from any disease, and claims that his death was caused by being subjected to torture and from medical negligence by the prison's administration.

1. Upon the international community to provide immediate and independent international protection for the Palestinian people in the Occupied Palestinian Territories.

2. Upon the High Contracting Parties to the Fourth Geneva Convention of 1949 to reconvene to take effective measures to protect Palestinian civilians in the Occupied Palestinian Territories, in accordance with their obligations under article 1 and article 146.

3. Upon the international community to investigate and prosecute those responsible for grave breaches perpetrated in the Occupied Palestinian Territories.

4. Upon the ICRC to enhance its presence, expand its activities, and intensify its field operations throughout the Occupied Palestinian Territories.

5. Upon the European Union to activate Article 2 of the Euro-Israeli Association Agreement, which provides that Israel must respect human rights.

6. Upon the international community to provide humanitarian and medical assistance for the Palestinian people, whose living conditions are continuing to deteriorate as a result of the continued siege imposed by Israeli occupation forces on the entire Occupied Palestinian Territories.

For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 - 2825893

[1] 1 donums equals 1000 square meters.

For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 - 2825893