PCHR Palestinian Centre for Human Rights http://www.pchrgaza.org
Weekly Report: On Israeli Human Rights Violations in the Occupied Palestinian Territories	No. 41/2004 14- 20 October 2004
Israeli Troops Continue to Perpetrate Human Rights Violations in the OPT

 

 

 

• 10 Palestinians, including 5 civilians, were killed by Israeli troops.

• 6 of the victims were killed during the Israeli offensive on the northern Gaza Strip.

• Israeli troops conducted a series of incursions into Palestinian areas in the West Bank and Gaza Strip.

• 38 houses were destroyed in Rafah and Beit Hanoun.

• Houses were raided and dozens of Palestinian civilians were arrested.

• One house was destroyed in the West Bank in the context of retaliatory measures against families of Palestinian militants. 

• Continued shelling of residential areas and civilian facilities, and a number of Palestinian civilians were injured.

• Construction of the “Annexation wall” in the West Bank has continued.

• Israeli troops have continued to impose a total siege on the OPT; Israeli troops at military checkpoints fired at Palestinian civilians, seriously wounding a woman.

 

Introduction

On Friday, 15 October 2004, Israeli Occupying Forces (IOF) were redeployed in the northern Gaza Strip following a 17-day long wide scale offensive on the area, whose outcome was:

• 103 Palestinians[1] were killed, nearly half of them were civilians, including 28 children

• 442 Palestinians, including 177 children, were wounded, many of whom are in a serious condition

• 87 houses were totally destroyed: 53 in Jabalya refugee camp; 4 to the east of Jabalya; 24 in Beit Lahia; and 6 in Beit Hanoun.  As a result, 854 people (128 families) have become homeless.  Dozens of houses were also severely damaged.

• 11 shops, 3 brick factories and 3 workshops for car maintenance were destroyed.

• 19 public facilities were destroyed, including 6 schools, 3 mosques and 2 kindergartens.

• 839 donums[2] of agricultural were razed: 332 donumns in Beit Hanoun; 447 donums in Beit Lahia; and 60 donums in Jabalya.

• The civilian infrastructures of the area were largely destroyed.   

• Education was suspended

IOF have perpetrated more violations of human rights against Palestinian civilians in the Occupied Palestinian Territories (OPT). This week, 10 Palestinians, 5 of whom were civilians, including 2 elderly people, were killed, and at least 20 civilians were wounded by Israeli troops.  Human rights violations perpetrated by IOF included willful killings, incursions into Palestinian areas, indiscriminate shelling, land leveling and total closure imposed on Palestinian communities. 

In the Gaza Strip, this week, 10 Palestinians, 5 of whom were civilians, including 2 elderly people, were killed by Israeli troops.  Four of the victims, including an elderly woman, were killed by Israeli troops in Jabalya refugee camp on 15 October 2004, the first day of the holy month of Ramadan, and the last day of the Israeli offensive on the northern Gaza Strip.  On 16 and 20 October, 2 Palestinians died from previous injuries they had sustained in Jabalya refugee camp during the Israeli offensive on the northern Gaza Strip.  On 14 October 2004, 3 Palestinian civilians, including an elderly man, were killed in Rafah by shrapnel from a missile fired by the Israeli air force.  On 20 October 2004, a Palestinian civilian was killed in when Israeli troops opened fire at his area, when he was going to the mosque for the dawn prayer.   

This week, Israeli troops conducted 3 incursions into Palestinian areas in the Gaza Strip, 2 of which were in Rafah.  On 14 October 2004, Israeli troops moved into Block J in Rafah refugee camp.  They destroyed 35 houses, in which 402 people (70 families) lived, and killed the aforementioned 3 civilians. 

In the West Bank, Israeli troops launched a series of attacks against Palestinian civilians and their properties. They moved into various areas throughout the West Bank, injured a number of Palestinian civilians, and arrested dozens of others. They also destroyed one house in Hebron in the context of retaliatory measures against families of Palestinian militant. In addition, Israeli settlers escalated attacks against Palestinian civilians. This week, settlers, who were fully supported by Israeli troops, attacked Palestinian farmers, who have started to cultivate their olives, and prevented many of these farmers from reaching their agricultural land.  In some areas, the settlers stole the olive products. 

IOF have continued to construct the annexation wall inside the West Bank territory. This week, this construction took place mainly in East Jerusalem and Hebron.  Israeli troops razed large areas of Palestinian agricultural land and uprooted hundreds of olive trees. They also prevented Palestinian farmers in some areas from reaching their agricultural land to cultivate olives. 

IOF have continued to impose a tightened siege on the OPT and have imposed severe restrictions on the movement of Palestinian civilians in the Gaza Strip and the West Bank, including Jerusalem. In the Gaza Strip, Israeli troops positioned at military checkpoints imposed restrictions on the movement of Palestinian civilians.  They also fired at Palestinian civilians.  As a result, a Palestinian woman was seriously wounded. Israeli troops have also continued to close most border crossings of the Gaza Strip.  In the West Bank, Israeli troops have continued to impose a strict siege on Palestinian communities. They have continued to impose a tightened siege on Hebron for the 2^nd consecutive month. They have also imposed severe restrictions on the movement of Palestinian civilians and arrested some of them while crossing military checkpoints. Israeli troops imposed curfews on a number of Palestinian communities.      

 

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

Thursday, 14 October 2004

In the morning, Israeli troops killed 3 Palestinian civilians, including an elderly man, and destroyed 35 houses during an incursion into Rafah refugee camp. Each time, IOF try to justify such house demolitions in Rafah by claiming that they are searching for tunnels, but in fact, such attacks aim at creating a buffer zone along the Egyptian border, south of the town, and expel local inhabitants. 

According to investigations conducted by PCHR, late at night on Wednesday, 13 October 2004, Israeli heavy military vehicles moved into Block J in Rafah refugee camp, adjacent to the Egyptian border. On Thursday morning, 14 October 2004, more Israeli troops, reinforced by helicopters, were brought to the area to expand this incursion. Under the cover of indiscriminate firing, IOF started to demolish Palestinian houses in the area without any prior warning and without allowing their inhabitants to remove any of their belongings. At approximately 02:30, an Israeli helicopter gunship fired a missile at a number of Palestinian civilians who gathered near their houses.  Three civilians were instantly killed:

1.     'Ali 'Abdul Karim Sha'at, 20;

2.     Ahmed Saleh al-Tahrawi, 21; and

3.     Isma'il Mohammed Sawalha, 70. 

This Israeli military incursion continued until 05:30, during which time IOF destroyed 30 Palestinian houses completely and 5 others partially, rendering 402 people (70 families) homeless.

Rafah town and refugee camp are areas that have been subject the largest destruction and campaigns of forcible migration. Since the beginning of the current Intifada, at least 1500 houses have been totally destroyed and 2200 others have been partially destroyed by Israeli troops in Rafah, 90% of which in the refugee camp. More than once, Rafah was declared a disaster area.

At approximately 03:40, Israeli troops positioned in military posts in the vicinity of "Neve Dekalim" settlement, west of Khan Yunis, opened fire at Palestinian houses in Khan Yunis refugee camp.  A Palestinian civilian, Younis Mohammed Abu 'Azzoum, 27, was wounded by a live bullet in the right shoulder while he was sleeping.

In the hours of the day, Israeli troops moved into Nablus; Bethlehem; and Jenin refugee camp and the neighboring al-Yamoun village.  They raided and searched a number of houses and arrested 8 Palestinians, including 2 children. 

 

 

Friday, 15 October 2004

The Israeli military offensive on the northern Gaza Strip had continued for the 17^th consecutive day.  At approximately 02:30, the Israeli air force fired a missile at a number of members of the Palestinian resistance who were near Safi fuel station in the southwest of Jabalya. Three members of the resistance were killed:

1.     Ra'ed Khalil Abu Saif, 25, from Gaza City;

2.     Amin Khalil Mas'oud, 24, from Gaza City; and

3.     Wa'el Mousa Saleh, 23, from Jabalya refugee camp. 

A fourth one was also seriously injured. 

At approximately 17:05, Israeli troops positioned in al-Kashef hill to the east of Jabalya refugee camp opened fire at houses in the camp.  A Palestinian woman, Fatema Faraj Hussein 'Asaliya, 65, was killed by a live bullet in the head when she was inside her house.

At approximately 21:00, Israeli troops positioned at the Egyptian border, south of Rafah, opened fire at the neighboring al-Salam neighborhood.  A Palestinian child, 17-year-old 'Arafat 'Aamer Abu Ne'ma, was injured by shrapnel in the chest when he was near his house.

 

Saturday, 16 October 2004

At approximately 00:00, Israeli troops moved into the west of the northern Gaza Strip town of Beit Hanoun.  They surrounded houses of Bedouins in the area. They demolished 3 of these houses, rendering 13 people homeless, and destroyed 2 stores. They also warned residents of 31 other houses that their houses would be demolished. 

At approximately 05:00, medical sources at Shifa Hospital in Gaza City declared that Mohammed Mansour al-'Eila, 45, from Gaza City, died from an injury he had sustained on the previous day when the Israeli air force attacked a number of members of the Palestinian resistance in Jabalya refugee camp. 

At approximately 16:30, 5 Israeli military jeeps moved into Balata refugee camp, east of Nablus. Israeli troops opened fire at houses. A number of Palestinian children and young men gathered and threw stones at the military jeeps. Immediately, Israeli troops fired at the stone throwers, wounding 7, including 6 children:

 

1.     Mohammed Bilal Abu Zaitoun, 13, seriously wounded by a live bullet in the thigh;

2.     Mujahed Khaled Rayan, 13, seriously wounded by a live bullet that entered the back and exited the abdomen;

3.     Ibrahim Ibrahim Abu 'Ayash, 14, wounded by a live bullet in the left thigh;

4.     'Arafat Mohammed Hanani, 16, wounded by a live bullet in the left foot;

5.     Murad Rashid Abu Keshek, 17, wounded by a rubber-coated metal bullet in the head;

6.     'Abdul Ra'ouf Suleiman Abu al-Rous, 14, wounded by a live bullet in the left shoulder; and

7.     Murad Jaber Mar'ei, 24, wounded by a live bullet in the left leg. 

At approximately 22:00, Israeli troops, reinforced by heavy military vehicles and a helicopter, moved nearly 100 meters into Block O in Rafah refugee camp. Under the cover of indiscriminate shelling, they started to level houses that had been already demolished. Two Palestinian civilians were injured by the Israeli shelling:

 

1.     Musheera 'Abdul Qader Abu Saleh, 18, injured by shrapnel in the chest when she was inside her house; and

2.     Hammm Suleiman Abu Samhadana, 19, injured by shrapnel in the face when he was in the neighboring al-Salam neighborhood. 

 

Sunday, 17 October 2004

At approximately 02:00, Israeli troops moved into Bir al-Basha village, south of Jenin. They raided and searched a number of houses and arrested 4 Palestinians. 

At approximately 10:00, 3 Israeli military jeeps moved into Balata refugee camp, east of Nablus. Israeli troops opened fire at houses.  A number of Palestinian children and young men gathered and threw stones at the jeeps.  Immediately, Israeli troops fired at the stone throwers, wounding 3:

 

1.     Ahmed Mousa Qara'an, 19, seriously wounded by a live bullet in the abdomen;

2.     Saleh Muneer al-Titi, 16, wounded by a rubber-coated metal bullet in the left hand; and

3.     Haitham 'Abdul Fattah Ya'ish, 25, wounded by a live bullet in the left hand. 

 

Monday, 18 October 2004

In the hours of the day, Israeli troops moved into Bethlhem; Tulkarm; Dura village near Hebron; and Silwad village near Ramallah. They raided and searched a number of houses and arrested 9 Palestinians. 

At approximately 13:30, 3 Israeli military jeeps moved into Balata refugee camp, east of Nablus. Israeli troops opened fire at houses. A number of Palestinian children and young men gathered and threw stones at the jeeps.  Immediately, Israeli troops fired at the stone throwers, wounding 15-year-old Eyad Wa'el 'Edwan with a live bullet in the right leg.

Also at approximately 13:30, 2 Israeli military jeeps moved into Beit Fourik village, east of Nablus. Israeli troops fired at houses. A number of Palestinian children and young men gathered and threw stones at the jeeps.  Immediately, Israeli troops fired at the stone throwers, wounding 15-year-old Tal'at Yousef Mustafa with a live bullet in the right leg.

 

Tuesday, 19 October 2004

At approximately 02:00, Israeli troops positioned in military posts in the vicinity of "Neve Dekailm" and "Gadid" settlements, west of Khan Yunis, shelled Palestinian houses in Khan Yunis refugee camp, al-Nimsawi neighborhood and Baten al-Smin area.  An artillery shell hit the window of Amin Mohammed Shahwan's house and its shrapnel spread into the children bedroom.  Shahwan's two children were injured: Hassan, 3, injured by shrapnel in the right foot; and Hasnaa', 6, seriously injured by shrapnel in the head, the abdomen and the limbs. 

At approximately 12:00, Israeli troops, positioned at the Egyptian border, south of Rafah, opened fire at Palestinian residential areas in the town.  Two Palestinians civilians, including a woman, were wounded when they were in al-Shaboura refugee camp, nearly 1200 meters away from the border:

1.     Fadia 'Abdul 'Aati Siam, 50, wounded by shrapnel in the left arm; and

2.     Ne'mat Mohammed Abu Samhadana, 19, seriously wounded by a live bullet in the back.

In the hours of the day, IOF moved into al-Duhaisha refugee camp near Bethlehem; 'Azzoun village near Qalqilya; Bourqin village near Jenin; Hebron and the neighboring villages of Dura and Karma; and Tulkarm. They raided and searched a number of houses and arrested 20 Palestinians. 

 

Wednesday, 20 October 2004

At approximately 04:30, Israeli troops positioned in a military post in Tal Zo'rob area in the southwest of Rafah opened fire at Palestinian houses in Zo'rob neighborhood, while Palestinian civilians were going to mosques for the dawn prayer.  A Palestinian civilian, Ahmed Mohammed Buraika, 29, was seriously wounded by a live bullet in the chest.  He died on the way to the hospital.  According to eyewitnesses, Buraika was hit by a live bullet when he was going to a mosque, nearly 300 meters away from the Israeli military post. 

At approximately 12:30, Israeli troops positioned at the Egyptian border, south of Rafah, opened fire at Palestinian residential areas in the town.  A Palestinian civilian, Baker Khalil Abu al-Khair, 52, was wounded by a live bullet in the right thigh, when he was near his house in al-Junaina neighborhood, nearly 700 meters away from the border. 

At approximately 16:30, Israeli troops positioned in military posts in the vicinity of "Gani Tal" settlement, northwest of Khan Yunis, opened fire at Palestinian houses in al-Rabwat al-Gharbiya and al-Kateeba areas to the east.  A man and his wife were wounded when they were inside their house, nearly 1000 meters away from the source of fire:

1.     Mousa Mohammed 'Othman al-Astal, 55, wounded by a live bullet in the right shoulder; and

2.     Hayat Suleiman al-Astal, 50, wounded by a live bullet in the left foot. 

At approximately 22:00, medical sources at Shifa Hospital in Gaza City declared that Mohammed Zaki Abu Hulayel, 27, from Beit Lahia, died from an injury he had sustained on 5 October 2004, when the Israeli air force fired a missile at a number of members of the Palestinian resistance to the east of Jabalya refugee camp, during the Israeli offensive on the northern Gaza Strip. 

 

Continued Siege on the OPT

This week, Israeli occupying forces have continued to impose a tightened siege on the OPT and imposed severe restrictions on the movement of Palestinian civilians in the Gaza Strip and the West Bank, including Jerusalem. 

 

Gaza Strip

This week, Israeli occupying troops have continued to impose a tightened siege on the Gaza Strip.  Israeli occupying troops have continued to close all border crossings of the Gaza Strip either partially or completely.  These measures violate the Palestinian economic, social and cultural rights. 

Although Israeli troops reopened al-Matahen and Abu Houli checkpoints on Salah al-Din Street (the main road between the north and south of the Gaza Strip) at 10:30 on Saturday, 15 October 2004, after they had closed it since 30 September 2004, they imposed severe restrictions on the movement of Palestinian civilians.  At approximately 11:00 on Sunday, 17 October 2004, Israeli troops closed the two checkpoints and held and searched dozens of Palestinian vehicles.  This closure continued until the evening of the 3^rd day of the holy month of Ramadan, so Palestinian civilians had to have their Ramadan meals at the two checkpoints.  At approximately 07:30 on Monday, 18 October 2004, Israeli troops closed the two checkpoints.  This closure continued until 10:30.  On Tuesday morning, Israeli troops closed the two checkpoints.  They also fired at Palestinian civilians.  A Palestinian woman, Rowaida Ibrahim Salman Abu Mustafa, 32, was seriously wounded by a live bullet in the head. 

Israeli troops have continued to impose a strict siege on al-Mawasi area in the southern Gaza Strip.  They have continued to impose severe restrictions on the movement of Palestinian civilians to and from the area.  Israeli troops frequently close al-Tuffah checkpoint at the entrance to the area.  They have also continued to prevent female Palestinians whose ages are between 16 and 25, and male ones whose ages are between 16 and 30 from crossing al-Tuffah checkpoint when it is open, without prior coordination. 

Israeli troops have also continued to impose a tightened siege on al-Sayafa area in the northern Gaza Strip.  They have also imposed severe restrictions of the movement of Palestinian farmers.  In the same context, Israeli troops have continued to impose severe restrictions on the movement of Palestinian civilians living in al-Ma’ni area near “Kfar Darom” settlement in the central Gaza Strip. 

Israeli troops have continued to close Erez crossing in the northern Gaza Strip for the 2^nd consecutive month.   Israeli occupying troops partially reopened al-Mentar (Karni) commercial crossing to the east of Gaza City, but they have imposed severe restrictions on the flow of goods through the two crossing.  As result, the Palestinian market has lacked several basic goods.  Israeli troops reopened Sofa crossing, northeast of Rafah, and allowed the entry of construction raw materials, but the crossing has remained closed in the face of Palestinian workers.    

Israeli troops have continued to impose severe restrictions on traveling through Rafah Terminal, which has been the only outlet for the Gaza Strip to the outside world since 14 February 2001, when Israeli occupying troops destroyed the runway of Gaza International Airport.   The number of Palestinians allowed to travel through the terminal daily is very limited.  As a result, many patients who are badly in need of special medical treatment abroad have not been able to travel.  Israeli troops have continued to prevent Palestinians whose ages are between 16 and 35 from traveling through the terminal since 16 April 2004, although they claimed that they cancelled these restrictions on 9 August 2004.       

 

The West Bank

Israeli occupying troops have continued to impose a strict siege on Palestinian communities.  They have also imposed severe restrictions on the movement of Palestinian civilians.  

 

Jerusalem

On Friday, 15 October 2004, Israeli troops reinforced their presence around East Jerusalem.  These measures coincided with first day of the holy Ramadan.  According to eyewitnesses, Israeli troops imposed severe restrictions on the movement of Palestinian civilians at the entrances of the city and near the old town and the al-Aqsa Mosque.  Israeli troops have continued to prohibit access of Palestinian civilians from the West Bank and Gaza Strip to the occupied East Jerusalem to pray at al-Aqsa Mosque.

 

Ramallah

Israeli troops imposed more restrictions on the movement of Palestinian civilians, especially at Qalandya checkpoint, south of the town.  On Thursday, 14 October 2004, Israeli troops held dozens of Palestinian civilians at the checkpoint.  On Saturday, 16 October 2004, Israeli troops adopted new procedures at the aforementioned checkpoint, including the prohibition of passage of buses without valid permits.  Israeli troops forced buses coming from the north and central of the West Bank to travel back to these areas.

 

Bethlehem

Israeli troops imposed more restrictions on the movement of Palestinian civilians.  On Friday morning, 15 October 2004, Israeli troops positioned at the Container checkpoint prevented Palestinian civilians from traveling from Bethlehem and Hebron to East Jerusalem for the Friday prayer at al-Aqsa Mosque.  On Saturday evening, 16 October 2004, Israeli troops positioned at Gilo checkpoint, north of Bethlehem, held Atallah Hanna, the Spokesman of the Orthodox Church in Jerusalem, and prevented him from traveling to Jerusalem.  On Sunday morning, 17 October 2004, Israeli troops erected a number of checkpoints at the main entrances to Bethlehem, and imposed severe restrictions on the movement of Palestinian civilians. 

 

Hebron

Israeli troops have continued to impose a tightened siege on Hebron.  Israeli troops also imposed restrictions on the movement of Palestinian civilians inside the town.  They reinforced their presence near the old town and stopped and checked dozens of Palestinian civilians in various areas in the town.  This week, Israeli troops closed the northwestern entrance to Hebron and erected a new checkpoint to the north of al-'Aroub refugee camp.  On Monday morning, 18 October 2004, Israeli troops positioned at Beit Kahel checkpoint used tear gas to disperse Palestinian civilians who gathered at both sides of the checkpoint waiting to be allowed to travel from and to Hebron.  Israeli troops also chased a number of civilians who resorted to dirt roads. 

 

Nablus

Israeli troops imposed more restrictions on the movement of Palestinian civilians.  On Saturday morning, 16 October 2004, they erected 5 temporary checkpoints on the main roads between the city and neighboring villages.  They stopped and checked Palestinian civilians, and held dozens of young men for long hours for no apparent reason. 

 

Jenin

On Thursday morning, 14 October 2004, Israeli troops moved into Tubas village, east of the town, and blocked its northern and southern entrances.   On Friday morning, 15 October 2004, Israeli troops declared the villages of the northern Jordan Valley a closed military zone.  They closed the iron gate at the entrance to Tayaseer village, east of Jenin, prohibiting the movement of Palestinian civilians.  This closure continued until Monday morning, 11 October 2004.  They also closed the entrance to Tubas village, east of the town.

 

Tulkarm

This week, Israeli troops erected a number of checkpoints around the town.  They stopped and checked Palestinian civilians.  Israeli troops positioned at al-Kafriyat checkpoint, south of the town, prevented Palestinian civilians from crossing the checkpoints in their vehicles, but allow them to cross on foot.  

  

Qalqilya

For the 2^nd consecutive week, Israeli troops have continued to impose a tightened siege on Qalqilya.  They have continued to impose severe restrictions on the movement of Palestinian civilians.  On Tuesday, 12 October 2004, they closed the two entrances of the town. 

 

Curfews

On Friday, 15 October 2004, Israeli troops imposed a curfew on the villages of Nabi Saleh, Beit Reema and Deir Ghassana, northwest of Ramallah.  The curfew remained effective until Monday morning, 18 October 2004. 

On Sunday morning, 17 October 2004, Israeli troops imposed a curfew on Far'oun village, south of Tulkarm.  On the same day evening, they imposed a curfew on the old town of al-Khader village, south of Bethlehem.    

 

Settlement Activities and Settlers' Attacks on Palestinian Civilians and Properties

Israeli troops have pursued settlement activities in the OPT and settlers who live in the OPT in violation of international humanitarian law have continued to attack Palestinian civilians and their properties. 

As the season of olive cultivation has begun, armed groups of Israeli settlers, under protection of Israeli troops in many cases, launched a series of attacks on Palestinian farmers and prevented them from cultivating olives.  Olives serve as the main source of income for families in rural communities in the West Bank.  Such attacks cause losses to farmers. 

On Thursday, 14 October 2004, some Israeli settlers, coming from "Sucia" settlement, south of Hebron, attacked a number of Palestinian farmers in the neighboring villages of al-Tawani, Sucia and Qwaiwais.  The settlers prevented the farmers from cultivating olives.  On Saturday, 16 October 2004, Israeli troops prevented these farmers from reaching their agricultural land after they had declared the area a closed military zone. 

On Saturday morning, 16 October 2004, Israeli troops prevented dozens of Palestinian farmers in the villages of Yatta, Bani Na'im and Deir al-'Asal, south of Hebron, from reaching their agricultural land to cultivate olives. 

On Sunday noon, 17 October 2004, a number of Israeli settlers from "Bnei Hefer" near Bani Na'im village, east of Hebron, uprooted dozens o olive treets in Kherbat al-Bwaib area in th south of the village and stole their fruits. 

On the same day afternoon, a number of Israeli settlers from "Beit 'Ein" settlement, southwest of Bethlehem, stole large amounts of the olive production from al-Ja'ba village, south of the town.  According to the farmers, they were surprised by many settlers, armed with machine guns, raiding their agricultural land and cultivating olives. 

In the early morning of Monday, 18 October 2004, Israeli troops prevented Palestinian farmers in Beit Jala from cultivating olives from their agricultural land near bypass road (60) to the west of the town.  According to eyewitnesses, Israeli troops attacked the farmers while they were cultivating olives.  They arrested at least 70 farmers for some hours and confiscated a tractor. 

On Friday morning, 15 October 2004, many Israeli settlers from "Shilo" settlement, east of Ramallah, attacked Palestinian farmers in the neighboring al-Mughayar village while they were cultivating olives.  The settler also stole cultivated olives belonging to Sameeh Mousa Abu 'Elaya.  According to the farmers, these attacks took place before the eyes of Israeli troops.

 

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 01:00 on Thursday, 14 October 2004, Israeli troops moved into al-Masharqa neighborhood in the southeast of Hebron.  They surrounded a 140-square-meter, 3-storey house owned by 'Abdul Fattah 'Abdul Ghani al-Ja'bari.  They forced the 12 residents of the house and residents of neighboring houses to get out.  Then, Israeli troops planted explosives on the third floor of the house, and destroyed it at approximately 03:30.  The first and the second floors were partially destroyed.  Three neighboring houses were severely damaged.  The owner is the uncle of Nassim Mohammed 'Ali al-Ja'bari, 22, who carried out a bombing in Bir al-Saba' town on 31 August 2004. Israeli troops had already destroyed a house belonging to Nassim's family.     

 

 

Recommendations to the International Community

 

1.     PCHR calls upon the High Contracting Parties to the Fourth Geneva Convention to fulfill their legal and moral obligations under article 1 of the Convention to ensure Israel's respect for the Convention in the occupied Palestinian Territory.  PCHR calls on the international community to immediately “ensure respect” for the Convention.

2.     PCHR calls upon the High Contracting Parties to the Fourth Geneva Convention to convene a conference to take effective steps to ensure Israel's respect of the Convention in the oPt and to provide immediate protection for Palestinian civilians.

3.     PCHR calls upon the High Contracting Parties to the Fourth Geneva Convention to comply with its legal obligations detailed in article 146 of the Convention to search for and prosecute those responsible for grave breaches.

4.     PCHR recommends international civil society organizations, including human rights organizations, bar associations and NGOs to participate in the process of searching for Israeli war criminals and to urge their governments to bring these people to justice.

5.     PCHR calls upon the European Union to activate article 2 of the Euro-Israel Association Agreement, which provides that Israel must respect human rights as a precondition for economic cooperation between the EU states and Israel.  PCHR further calls upon the EU states to prohibit import of goods produced in illegal Israeli settlements in the oPt. PCHR also requests the application of the EU Guidelines on Arms Sales and requests that EU Missions and Embassies in Israel and the oPts press the Israeli government to apply and implement in full the recently agreed EU Guidelines on Human Rights Defenders.

6.     PCHR calls upon European governments to change their positions towards the Palestinian cause at UN bodies, particularly the General Assembly, Security Council and Commission on Human Rights. 

7.     PCHR requests that the international community follow the advisory opinion of the ICJ when it called on the High Contracting Parties to the Geneva Convention, through the UNGA and UNSC, to take effective measures to stop the construction of the annexation wall in the West Bank.

8.     In recognition of ICRC as the guardian of the Fourth Geneva Convention, PCHR calls upon the ICRC to increase its staff and activities in the oPt, including for facilitating family visitations to Palestinian prisoners in Israeli jails.

9.     PCHR appreciates the efforts of international civil society, including human rights organizations, bar associations, trade unions and NGOs, and urges them to continue their role in pressuring their governments to secure Israel's respect for human rights in the oPt and to end its attacks on Palestinian civilians.

10. In light of the severe restrictions imposed by the Israeli government and its occupying forces on access of international solidarity groups to the oPt, PCHR calls upon European countries to deal the same way with Israeli citizens. 

11. PCHR reiterates that any political settlement not based on international human rights law and humanitarian law cannot lead to a peaceful and just solution of the Palestinian question. Rather, such an arrangement can only lead to further suffering and instability in the region. Any peace agreement or process must be based on respect for international law, including international human rights and humanitarian law.

 

 

 

“END”

 

 

   

 

 

Public Document