Unlawful Killing: The Assassination of Palestinians In the Occupied Palestinian Territories by the Israeli Occupying Forces

Preface

To date, during the al-Aqsa Intifada, 354 Palestinians have been killed, of whom 10 were leaders of Palestinian national resistance factions. Following a brief lull, the Israeli government recently resumed its policy of assassinating Palestinian military and political leaders who have taken an active role in the legitimate popular resistance against Israeli occupation. The decisions to assassinate these leaders were made at the highest political levels in Israel. As a result of the assassinations, 16 civilians present at or near the locations where assassinations were carried out have also been killed. These actions of the Israeli government constitute grave violations of international human rights principles, as well as of International Humanitarian and public international law.

Al-Haq presents this comprehensive report on assassinations and summary executions of Palestinian activists and leaders. The report is based on field research, analysis of official Israeli policy, and statements made by Israeli political officials and military leaders. The purpose of this report is to document and expose Israeli policies that flagrantly violate international law in contradiction to Israel’s claims to be committed to the principles and standards of human rights and International Humanitarian Law. By bringing to light this information al-Haq hopes to contribute to developing a just and lasting peace in which Palestinians’ rights are respected. Furthermore, the report presents the desire of Al-Haq, along with all other local, regional, and international organizations, for an assurance of international protection for Palestinians until the end of the Israeli Occupation, and thereafter an end to the Israeli occupation of all illegally occupied areas.

Al - Haq

Table of Contents

1.      Introduction

2.      Assassinations and Summary Executions Committed by the Israeli Occupying Forces

2.1      Assassinations Committed by the State of Israel against the Leaders of the Palestinian Resistance

2.2      The Assassinations Committed by the Israeli Occupying Forces during the Al-Aqsa Uprising

3.      International Humanitarian and other Public International Laws’ Regulations and Provisions

3.1    The Israeli Justifications for Assassinations

3.2    The Position of the Regulations and Provisions of International Humanitarian Laws from the Standpoint of Assassinations

4.    The Significance of the Crime of Assassinations in Light of International Public and Humanitarian Law

5.      The Responsibility of the Occupying Power for Assassinations and Summary Executions

5.1    The Civil Responsibility of Israel

5.2    The Criminal Responsibility of Israel

6.      Conclusion and Suggested Courses of Action

Unlawful Killing: The Assassination of Palestinians in the Occupied Palestinian Territories by the Israeli Occupying Forces

 Introduction

In order to quell the Uprising of the Palestinian people that erupted on September 29, 2000 (popularly known as the al-Aqsa Uprising), the Israeli Occupying Forces have implemented a number of military and punitive measures against Palestinian civilians in the Occupied Territories. The most significant of these measures has been the use of excessive force against Palestinian civilian protestors. Israeli Forces have fired live ammunition into crowds of civilian demonstrators and shelled and launched missiles into residential areas using tanks and helicopter gunships. These practices have resulted in numerous deaths. (As of 21 February 2001, 362 people have been killed since the beginning of the Uprising, 110 of whom were children under 18 years of age) There have also been thousands of injuries, approximately 15% of which are permanent (hemiplegics, quadriplegics, loss of sight, hearing, or loss of limbs).  Israeli forces have deliberately targeted the upper part of the body with the intention of inflicting the highest number of serious injuries and deaths possible.[1]

The purpose of these actions is to intensify the impact of other forms of collective punishment, such as those listed below, which are in place against the civilian Palestinian residents of the Occupied Territories.

1.      Internal Closure of the West Bank and Gaza Strip and the Closure of all Crossings with Israel: On September 30, 2000, the Israeli authorities authorized the closure of the West Bank and Gaza in order to completely separate them from each other and to stop travel by Palestinians from the Occupied Territories to Israel and the outside world. They closed the safe passage road and Erez checkpoint that connect the two areas.  This has resulted in the complete cessation of all trade in and out of the Occupied Territories and the severance of all social connections between Gaza and the West Bank.  On October 5, 2000, the Israeli leadership once again formally announced the closure of the West Bank and Gaza Strip for a period to last until the end of Yom Kippur on October 9, 2000. Since then the closure has been in effect, impacting all Palestinian towns and villages in the West Bank and Gaza Strip.

2.      Military Blockade: The Israeli authorities have placed many Palestinian towns, villages and residential areas under military siege by cutting off access or blocking roads to these towns and residential areas using concrete, earth and sand barricades or by digging deep trenches in the roads.  Travel and trade to and from these areas has been forbidden. 

3.      Military Curfews:  Several Palestinian towns and villages have been placed under military curfew. A 24-hour curfew was imposed for more than 30 continuous days on the old city of Hebron and for more than 25 days on the town of Huwwara.  These curfews were lifted on several occasions for a period of a few hours to allow residents to obtain food and other necessary supplies.

4.       Denied Access to Essential Supplies and Services: The pumping of water to some Palestinian towns was stopped.[2] Food, medical supplies, and fuel were all prevented from entering Palestinian areas.

5.      Deliberate Destruction of Agriculture and Farmland: Israeli Forces and settlers have carried out devastating attacks on Palestinian crops, farms, orchards and greenhouses. Thousands of dunums of land planted with olives, citrus and other productive trees were destroyed.

6.      Deliberate Prevention of Crop Harvest: Israeli Forces and armed Israeli settlers prevented residents of several Palestinian villages from harvesting their produce, especially olive, grape and citrus crops whose harvest season coincided with the outbreak of the Uprising. This has caused extensive economic losses for hundreds of Palestinian families.

7.      Closing of International Borders: The border entrances to Jordan and Egypt, and Gaza international airport were closed. This measure has prevented Palestinians from leaving or entering the Occupied Territories.

8.      Preventing the Export of Palestinian Products: Israeli authorities have prevented the export of Palestinian products creating extreme economic instability. According to estimates of the Ministry of Agriculture, prior to the Intifada agricultural exports alone average US$150,000 per day from the Occupied Territories.     

9.      Bombardment of Palestinian Residential Areas: Israeli forces have bombarded Palestinian homes, businesses and public facilities, including educational and health facilities by launching missiles from helicopter gunships, firing missiles from tanks, and firing from heavy machine guns. This has caused the destruction and damage of hundreds of Palestinian houses and other properties.[3]

10. Preventing Palestinians from reaching their places of work:  Palestinian workers have been prevented from reaching their places of employment in Palestinian towns and residential areas.

11. Preventing Palestinians from entering Israel: This measure has caused extensive financial losses for thousands of Palestinian individuals and many commercial, industrial and agricultural organizations. Palestinians have not been able to clear goods through customs that have been imported through Israeli ports. As a result, some goods have been ruined. Additionally, production in numerous Palestinian workshops and factories has stopped as a result of access to basic raw material being lost. According to a recent report published by the Office of the United Nations Special Coordinator (UNSCO) losses during the period from September 30, 2000 to October 19, 2000 averaged US$8 million per day.

As all of these measures have failed to end the Palestinian Uprising, the Israeli authorities have resorted to reapplying their policies of assassination and summary execution against Palestinian activists and leading figures in the hopes that they will be able disorganize and demoralize the Palestinian people.

2. Assassinations and Summary Executions Committed by the Israeli Occupying Forces

Before beginning it is important to define the three terms assassinations, summary executions, and willful killing, as they are used in this report, because they are often used interchangeably by the media and in other reports.  

Assassination is a term used to refer to a killing that targets a well-known person, that is carried out following orders, and that is carefully planned. The assassinations of targeted Palestinian individuals are only carried out following authorization being given by leaders in the highest political echelons of the Israeli government.  In a willful killing the victim is any person, regardless of personality, who is intentionally killed and who, at the time of their death, poses no threat to the lives of the soldiers involved in the killing. Summary executions refer to persons wanted on suspicion of committing a certain crime or offence, or persons wanted for political reasons who are killed by the Israeli security apparatuses without ever having specific charge filed against them.  Summary executions and assassination at times overlap.  

2.1 Assassinations Committed by the State of Israel against the Leaders of the Palestinian Resistance

Assassination is one of the basic methods used by the state of Israel to achieve its political objectives in the Occupied Territories.  It has been used against Palestinian activists and political figures who support Palestinians’ legitimate struggle against the Israeli occupation.  The following are descriptions of some of the assassinations committed by the Israeli Occupying Forces against Palestinian leaders during the period between the inception of the Palestinian armed resistance and the beginning of the current Al-Aqsa Uprising:[4]

-         On July 8, 1972, Israeli security forces assassinated Ghassan Kanafani, a writer and the spokesperson for the political office of the Popular Front for the Liberation of Palestine (PFLP) by planting explosives in his car in the Hazimiyyeh area in Beirut. Also killed was Kanafani’s niece, Lamis, who was with him at the time.

-         On October 17, 1972, Israeli security forces assassinated Wael Z'eiter, the representative to Italy of the Palestinian Liberation Organization (PLO). He was shot dead in front of his house in Rome.

-         On December 8, 1972, Israeli security forces assassinated Mahmoud Al-Hamshari, the representative of the PLO to France, by planting explosives in his house in Paris.

-         On April 10, 1973, an Israeli special forces unit led by Ehud Barak, the outgoing Israeli Prime Minister and head of the Labor Party, assassinated three PLO leaders in Lebanon: Mohammad Yousef Najjar and his wife, Kamal Odwan, both Fatah leaders, and Kamal Nasser, a member of the executive committee of the PLO.

-         On January 22, 1979, Israeli security forces in Lebanon assassinated Ali Hasan Salameh one of the leaders of the security apparatuses of the PLO along with his four bodyguards. Israeli security forces planted explosives in a car and then blew it up by remote control when Salameh's car was passing near it, immediately killing of him and his four guards.

-         On June 1, 1981, Israeli security forces assassinated Na'im Khader, a writer and the representative of the Palestinian Liberation Organization to Belgium, while he was on his way from his house to the office of the Palestinian mission in Brussels.

-         On October 9, 1981, Israeli security forces assassinated, in Rome, Majed Abu Sharar, on officer of the unified Palestinian media of the PLO. Explosives were placed under his bed, in a hotel in Rome. He was there to participate in the International Conference for Solidarity with the Palestinian People.

-         On April 6, 1988, Israeli special forces assassinated, in Tunis, Khalil Al-Wazir "Abu Jihad", the Deputy Leader of the Forces of the Palestinian Revolution and the officer of military actions in the Occupied Territories.

During the first intifada between 1987 and 1992 assassination and willful killing were also used by the Israeli authorities as means of dealing with wanted Palestinians and leaders of the uprising.

-         On November 30, 1990 Najib Mustapha Hwail was ambushed and shot by and Israeli undercover unit.  He died in the hospital on March 1, 1991.  Najib was wanted on suspicion of being a member of the Black Panthers and of killing collaborators.  In October the Shin Bet had raided Najib’s home to arrest him, but he was away at the time.  A note was left indicating that he should turn himself in or face the consequences.  A photograph in the house was defaced with an “X” drawn over Najib’s face and the word “martyr” written on it.  On November 30, in the early afternoon, Najib was sitting with friends in front of their house when a car pulled up and four people got out.  Najib guessed that he was going to be arrested and began to run.  He was shot three times without warning, once in the neck and twice in the back. 

-         Hassan Mohammad Hassan Kamil, Ahmad Khaled Sadeq Kamil, and Saber Mohammad Ahmad Abu Farha were killed on September 25, 1991 when Israeli undercover soldiers opened fire on a public transport van in which they were traveling from Faqou’a to Jenin.  Hassan and Ahmad, the apparent targets of the attack, were wanted for suspected involvement in the Black Panthers.  Saber was the driver of the van and an “unfortunate casualty”.  Another passenger Faisal Abu Rub was shot by more than 30 bullets but survived and was arrested. 

-         On October 6, 1991 Khaled Hassan Abdul Rahman Rayyan from Balata refugee camp in Nablus was shot without warning by Israeli forces during a raid on the camp.  He was hit by ten live bullets, four in the head, two in the back, two in the abdomen, and two in the legs.  According to eyewitnesses, Khaled began to run away from the soldiers raiding the camp and was shot in the legs.  A soldier then approached him as he lay on the ground and fired several bullets at him from only four or five meters.  According to the Israeli military Khaled had been “wanted for over a year”. 

-         Bassem Fathi Ibrahim Sha’ban from Yamoun in the Jenin area was shot and killed at close range by undercover Israeli soldiers on November 14 while in the Jenin market.  A shot owner to whom he was talking just before he was shot reported that several undercover soldiers approached bassem and shot him from close range.  Then as Bassem lay on the ground the soldiers stood around him and shot his body repeatedly.  According to the Israeli authorities Bassem was wanted for suspected involvement in the killing of a collaborator.           

Following the signing of the Declaration of Principles and the Oslo Agreement between the PLO and Israel on September 13, 1993, a number of Palestinian military leaders and activists were assassinated, including:

-         Dr. Fathi Al-Shiqaqi, the leader of the Islamic Jihad Movement, was assassinated in October 1995 in Malta.

-         Hani Abed, one of the leaders of the Islamic Jihad Movement was assassinated on November 2, 1994. Explosives were planted in his car in Khan Yunis city in Gaza Strip.

-         Yahya Ayyash, the Leader of the military wing of the Islamic Resistance Movement "Hamas" was assassinated on January 1, 1996. He was killed when a cellular phone given to him by an Israeli collaborator exploded upon use.

-         Adel Awadallah, the leader of the military wing of the Islamic Resistance Movement "Hamas" and his brother Imad were killed in a military attack carried out by the Israeli Occupying Forces on September 10, 1998 in the house where they were staying in the southern West Bank.

2.2 The Assassinations Committed by the Israeli Occupying Forces during the Al-Aqsa Uprising

According to al-Haq documentation, 11 assassination or summary executions in which 16 people have been killed have been carried out by Israeli Forces against Palestinians in the OPT during the Al-Aqsa Uprising.  The 11 cases listed below give a general background into the circumstances under which these cases have occurred and the effect this Israeli policy has had.[5]

1. On November 9, 2000, the Israeli Occupation Forces in Beit Sahour in the Bethlehem district assassinated Hussein Mohammad Salem I'bayyat, a leader in Fatah’s military wing in Bethlehem. Israeli helicopter gunships shelled the car in which he was riding causing his immediate death as well as the deaths of bystanders Rahmeh Rashid Shahin, 53, a mother of three and Aziza Mohammad Dannoun, 52, a mother of six. Ten other bystanders were injured in the attack.

Eyewitness testimonies collected by Al-Haq state that the moment I'bayyat, accompanied by Khaled Saleh Salahat, entered his car, which was parked near the eastern entrance of Beit Sahour, a helicopter roaming the city fired a missile towards his car hitting it in the engine. The car was completely destroyed and I'bayyat was immediately killed. A second missile fired from the helicopter hit another car in which Ibrahim Musa I'bayyat and Nasser I'bayyat, who were accompanying Hussein I'bayyat, were riding. The missile exploded killing Dannoun and Shahin who where near the two cars. In addition, Jamal Ibrahim Al-Wahadneh and Yousef Mohammad Allan were seriously injured and Salah Iddin Awad Sh'eibat and his wife Jamileh who were inside their nearby car were moderately injured.[6]

2. At 8,30 a.m. on November 22, 2000, Israeli Forces in Rafah, Gaza Strip, assassinated four people: Jamal Abdul Razeq, 29, Awni Dheir, 37, Na'el Liddawi, 25, and Khalil Sha'er, 39.

Eyewitness testimonies taken by al-Haq state that Awni, Jamal, and Na'el, all university students, were on their way from Rafah to Al-Quds Open University in Khan Yunis. The moment their car stopped at the permanent military check post located on the street leading to Morag settlement a plain clothes member of the Israeli security forces fired a barrage of bullets from his machine gun at the three passengers in the car. An Israeli tank and a military vehicle parked at the check post also opened fire at the car.  Shooting continued unabated for about one minute. The three students were immediately killed; their heads were smashed and their bodies were torn to pieces as a result of the heavy firing. A Mercedes taxi stopped behind the students’ car was also hit in the barrage of fire.  Khalil Sha'er was killed and Nahed Fojo was injured and then arrested by the Israelis following the incident.[7]

3. On November 23, 2000, Israeli Forces assassinated Ibrahim Abdul Karim Ibrahim Bani Odeh, 34, a leader of the military wing of the Islamic Resistance Movement "Hamas" in Nablus. The assassination was carried out by planting explosives in the headrest of the driver’s seat of a car that Bani Odeh was then given to drive. The car was owned by one of his relatives, the collaborator Allan Bani Odeh.  Allan gave his car to Ibrahim in response to instructions given him by one of the Israeli security apparatuses he worked for. [8]

4. On December 11, 2000 Israeli Forces assassinated Anwar Mahmoud Ahmad Humrain, 28, a leader of the Islamic Jihad Movement.  He was killed about 20 meters away from the main building of the Al-Quds Open University in the Dahyeh Neighborhood of Nablus. Israeli Forces fired from the Jarzim Mountain opposite the University. Hamran was struck by two bullets in the head and by several bullets in other parts of his body.

5. On December 12, 2000 Israeli Occupying Forces assassinated Yusef Ahmad Mahmoud Abu Sway, 38, in Irtas villgae near Bethlehem.  He was an activist in the first Intifada (1987-1993) and was wanted by the Israelis.  A group of Special Forces operatives opened fire at him near his father’s house in Irtas. He was shot 22 times.

6. On December 13, 2000, Israeli Forces assassinated Abbas Othman Amhad Al-I'wewi, 28, an activist of the Islamic Resistance Movement "Hamas", near his store in Wadi al-Tuffah Street in Hebron. An Israeli soldier who was standing approximately 150 meters away from Abbas shot him.[9]

7. On December 14, 2000, Israeli Forces in the south of Gaza Strip assassinated Hani Hussein Hasan Bakri, 32, a leader of the Hamas Movement, near “Katsovim” Jewish settlement.  Several individuals who were riding in Bakri’s taxi when he was killed testified to the events they witnessed.  They stated that an Israeli soldier ordered Bakri to stop his taxi at the side of the road after he had passed through an Israeli checkpoint near the settlement. Five soldiers approached the taxi and one of them asked Bakri for his papers. When Bakri reached for his papers the five soldiers opened the fire upon Bakri’s head and chest using their machine guns.  He was killed immediately.

8. On December 15, 2000, Israeli Forces assassinated Sa'id Taha Saleh Al-Kharouf, 35, an activist in the Islamic Jihad Movement near the village of Huwwara in the Nablus District. According to a statement given by his family Sa'id received a phone call at about 11:00 pm on December 14 from a Palestinian from Jerusalem. Sa'id worked with this person to clear goods that he imported through Israeli customs. This individual told Sa'id that he was having car trouble near the Huwwara Secondary School, which is near the intersection of a by-pass road leading to Yitzhar settlement, and that he needed help. When Sa'id reached the place with a friend, Dr. Abdallah Al-Ardha, at about 1:00 a.m. a group of Israeli soldiers opened fire upon them causing Sa’id’s immediate death. He was struck by five bullets, while his friend sustained serious injuries and was arrested and then transferred to a hospital inside Israel.

9. On December 17, 2000, Israeli forces assassinated Fatah activist Sameh Abdul Rahman Hasan Al-Mala'bi, 27, in Qalandia Refugee Camp north of Jerusalem.  A bomb exploded near him causing his immediate death. (The details of the assassination and the tools used in the explosion are not known.)

10. On December 31, 2000, Israeli Forces in Tulkarm assassinated Dr. Thabet Ahmad Thabet, 48, a member of the Fatah Higher Committee and General Director of the Palestinian Ministry of Health’s Tulkarm offices.[10]  According to al-Haq field researchers, Israeli Occupying Forces stationed at a checkpoint about 300 meters away from Thabet’s house opened fire upon him as he was leaving home in his car.  His house is located near an Israeli factory compound to the south of Tulkarm.  He was hit by 4 bullets, which penetrated his back entering into his chest and abdomen. He died moments after reaching the Tulkarm hospital.[11]

11. On February 13, 2001, Israeli Forces assassinated also 54 year-old Masoud Hussein A’yyad, an active member of Fatah and an officer in the Palestinian security services. Israeli Assault helicopters launched four missiles at his car, which was traveling near the Jabalya Refugee Camp in the north of the Gaza Strip. Five bystanders were also injured in the attack.[12]  

3. International Humanitarian and other Public International Laws, Regulations and Provisions

3.1 The Israeli Justifications for Assassinations

Israel has adopted a policy that allows for the assassination and summary execution of Palestinians in the Occupied Territories.  This policy is clearly laid out in statements made by Israeli politicians and military commanders. 

In a meeting held by Israel’s Deputy Chief of Staff Moshe Ya'alon with the heads of the Yesha Councils in the West Bank and Gaza Strip to discuss the situation in the Occupied Territories he said, "It is the right of the Israeli Prime Minister to give the green light to the Israeli army to assassinate the leaders of Fatah. This will force the Palestinians to stop the confrontations after they realize the high price they pay."[13] Moreover, the Israeli Deputy Minister of Defense said in a statement to Israeli army radio, "We will hit all persons involved in terrorist actions and attacks, or prepared for attacks. A position in the Palestinian Authority does not give immunity to any person. Thus, the assassination of the officials responsible for attacks or who incite attacks is the best, most effective, accurate, and appropriate means."[14]

In an answer to questions about the policy of assassination directed towards the Israeli Prime Minister by members of the foreign and security committee in the Israeli Knesset, the Israeli Prime Minister justified such operations saying, "Israel faces a state of war and there are no other means to fight terrorism."[15]

By analyzing these Israeli statements on assassination and the assassinations themselves we can infer, that assassinations have been carried out by the occupier in order to achieve one of the following:

1. Assassination have been committed as a form of punishment for a person accused by the Israeli Occupying Forces of carrying out operations that harm or disturb Israel’s security and the security of settlers in the Occupied Territories. They have also been committed as preemptive punishment of individuals planning to carry out such operations or who ordered others to carry them out against Israeli Forces or settlers.[16]

2. The assassinations have been used as a preventative measure and as a way of “taking care of” individuals wanted by Israel. [17]

3. The Israeli forces have used the assassination of Palestinians as a deterrent and as a way to demoralize the local population and to discourage them from participating in resistance activities or protests. These actions are designed to instill a sense of fear in Palestinians who resist the occupier.

4. The assassinations of Palestinians have been committed as a means of retaliation against the residents of the Occupied Territories. Israeli military actions that target the leadership and figures of the Palestinian resistance are used as an immediate response to armed attacks carried out against the Israeli forces in the Occupied Territories. These assassinations are intended to convince the various factions of the PLO that resistance against Israel will meet with harsh retaliation. [18]

3.2 The Position of the Regulations and Provisions of International Humanitarian Laws from the Standpoint of Assassinations

Under the provisions of international law the Palestinian Territories are legally defined as occupied territories[19] as they are under the authority and administration of a hostile foreign force. This force has succeeded in forming a military government to control and administer the territories through the use of armed force.  As an Occupied Territory certain international humanitarian and other legal texts, documents and regulations apply to the administration of the territories. The regulations that are of the most import to the governance of the Occupied Palestinian Territories are those International Humanitarian laws and statutes relevant to belligerent occupation.  These regulations and provisions must be the legal criterion that governs and regulates all aspects of the relationship that exists between the occupier, its forces and administration on one side, and the occupied and protected persons on the other.

In order to fully evaluate the Israeli Occupying Forces policy of assassination as presented here, we must first lay out the legal principles included in the regulations and provisions of International Humanitarian Law and other public international law that clarify the rights of the occupier and its obligations to the occupied people as regards legal proceedings and the occupied peoples right to resist occupation by legitimate means in order to achieve their right to self-determination as laid down by the United Nations and Relevant UN Resolutions on the question of Palestine.  We will define and clarify the legal standards that the occupier should take into consideration when determining its obligations under the provisions and regulations of International Humanitarian and other public international laws relevant to the occupied territories.

It is important to point out that Palestinians who either confront Israeli forces, or who are accused of carrying out armed attacks or order the commission of such operations against Israeli forces are members of a legally acknowledged resistance movement. This movement has a legitimate personality under Resolution Number 3237 issued in 1974 by the United Nations General Assembly. Under this Resolution, the Palestinian Liberation Organization (PLO) was granted observer status in the United Nations. In addition, these people practice one of their rights in accordance with several resolutions of the United Nations General Assembly. These resolutions state that acts of resistance carried out by Palestinians against the occupation, whether carried out by an individual affiliated with the Palestinian resistance movement or not are considered legitimate. This is clearly stated in United Nations General Assembly Resolution Number 2383 issued on November 7, 1968, Resolution Number 2395 issued on November 29, 1968, and Resolution Number 2446 issued on December 19, 1069 as well as in several other resolution.[20]

Since there is a legitimate right to resist Israeli occupation those involved in the resistance should enjoy the legal protections and immunity guaranteed by the regulations and provisions of International Humanitarian and other public international law that relate to legal combatants.  In particular, if an individual involved in resisting the occupation is arrested by the Israeli Authorities they should be treated as a member of a legitimate resistance organization or a prisoner of war. If Israel chooses to ignore or deny these legal statutes and rights it then has to prosecute offenders in accordance with regulations that secure at least the minimum legal guarantees that should be provided in trials based on the regulations and provisions of international law.

As the Israeli occupier denies, without any legal justification, the rights of Palestinians to legal protection as members of a legitimate resistance movement it must comply with the provisions and regulations of International Humanitarian Law related to the provisions that an occupying power should use to investigate and punish individuals in occupied territories under its authority, as included in legally binding international treaties such as the Fourth Geneva Convention of 1949 and the 1907 Hague Regulations. In accordance with these provisions, which must be considered the authoritative legal regulations as relates to the Occupied Territories, the assassinations committed by the Israeli forces as a punishment against Palestinians is unjustified and illegal. The provisions of International Humanitarian Law do not allow for national or occupation authorities to carry out any form of punishment that takes the lives of civilian residents of an occupied territory. This is clearly seen in the guarantees that are provided by these laws for the benefit of individuals who are found guilty of a crime and must be punished.

The regulations and provisions of these laws, in order to guarantee and protect the rights and freedoms of individuals living under an oppressive authority set forth a number of legal guarantees that all States including occupation authorities must take into consideration when trying or punishing an individual who has broken the law.

Article 10 of the International Declaration of Human Rights states that, "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."

Item 1 of Article 2 of the Declaration also states, "Everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to the law by which he has had all the guarantees necessary for his defense."

Item 3 of Article 14 of the International Covenant on Civil and Political Rights states that every one has the right,

"(d) To be tried in his presence, and defend himself or through legal assistance of his own choosing …

(e) To examine or to have examined the witnesses against him …

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in the court

(g) Not to be compelled to testify against himself or to confess guilt."

The provisions of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in the Time of War of 1949 also state that,  

Article 71: "No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial. Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. …"

Article 72: "Accused persons shall be given the right to present evidence necessary to their defense and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities to prepare the defense. …"

Article 75: "In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve. No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt of the Protecting Power of the notification of the final judgment confirming such death, or of an order denying pardon or reprieve. …"

Article 75 of the First Protocol[21] attached to the Fourth Geneva Convention issued in 1977 states, "(1) In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are under the power of a Party to the conflict and who do not benefit from more favorable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or any other similar criteria. Each Party shall respect the person, honour, convictions and religious practices of all such persons. (2) The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: (a) violence to the life, health, or physical or mental well being of persons, in particular: (i) murder; (ii) torture of all kinds, whether physical or mental; (iii) corporal punishment; and (iv) mutilation”.

In addition, the Document of the Economic and Social Council regarding the guarantees which protect the rights of persons who are condemned to death, approved in Resolution Number 50/1948 issued on May 25, 1984 ensures that countries should take into consideration a number of legal guarantees related to the death penalty and cases in which it is carried out. Article 5 states,

“Capital punishment may only be carried out pursuant to a final judgment rendered by a competent court after legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the International Covenant on Civil and Political Rights, including the right of anyone suspected of or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings.”   

These provisions and regulations state that the accused person must be able to defend him/herself in order to challenge any potential violations of their rights.  Here, the position of these guarantees in relation to the steps taken by the Israeli authorities to try the Palestinians who have been assassinated on the basis of accusation against them must be questioned. These people are accused of resistance, of threatening the security of the occupying power and its people, of planning for the commission of such actions, or of ordering their implementation, but no provisions have been made to try them or prove accusations made against them. The assassinations and summary executions committed by the Israelis have been carried out without respect for the basic guarantees provided by the regulations and provisions of International Humanitarian and other public international law.

4. The Significance of the Crime of Assassinations in Light of International Public and Humanitarian Law

The assassinations carried out by the Israeli occupation forces can be considered, because they violate the provisions and regulations of International Public and Humanitarian Laws, summary executions, arbitrary executions, or executions without trial.

The provisions and regulations of International Public and Humanitarian Law completely and decisively prohibit any authority, whether a civil authority in an independent country or a military authority in an occupied territory, from carrying out assassinations, deliberate killings and summary executions. They are prohibited without any exceptions allowed.

The Resolution on the Principles of Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions issued on May 24, 1989 by the Social and Economic Council states,

"1. Governments shall prohibit all extra-legal, arbitrary and summary executions and shall ensure that any such executions are recognized as offences under their criminal laws, and are punishable by appropriate penalties, which take into account the seriousness of such offences. Exceptional circumstances including state of war or threat of war, internal political instability or any other public emergency may not be invoked as a justification of such executions.

Such executions shall not be carried out in any circumstances including, but not limited to, situations of internal armed conflict, excessive or illegal use of force by a public official or other person acting in an official capacity or by a person acting at the instigation, or with the consent or acquiescence of such a person, and situations in which deaths occur in custody. This prohibition shall prevail over decrees issued by any governmental authority.”

Article 3 of the same resolution states that, “Governments shall prohibit orders from superior officers or public authorities authorizing or inciting other persons to carry out such extralegal, arbitrary or summary executions. All persons shall have the right and the duty to defy such orders. Training of law enforcement officials shall emphasize the above provisions.”    

Article 19 also states, "Without prejudice to principle 3 above, an order from a superior officer or a public authority may not be invoked as a justification for extra-legal, arbitrary or summary executions. Superiors, officers or other public officials may be held responsible for acts committed by officials under their authority if they had a reasonable opportunity to prevent such acts. In no circumstances, including a state of war, siege or other public emergency, shall blanket immunity from prosecution be granted to any person allegedly involved in extra-legal, arbitrary or summary executions.”  

In reference to the provisions and regulations of International Humanitarian Law, several of the articles of the conventions that codify these provisions mentioned the practices the practices of assassination and extra judicial execution. Article 23 of the Hague Convention states, “In addition to the prohibitions provided by special Conventions, it is especially forbidden – (b) To kill or wound treacherously individuals belonging to the hostile nation or army;”

Article 32 of the Fourth Geneva Convention states that, "the High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, physical punishment, mutilation and medical or scientific experiments not necessitated for by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents."

Article 33 of the same Convention states, "No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measure of intimidation or of terrorism are prohibited. … Reprisals against protected persons and their property are prohibited."

Article 40 of the First Protocol attached to the Fourth Geneva Convention says, “It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis.”  

Israeli practices also raise the question of the criminal responsibility of the persons who commit them. The Guilty party cannot ask, under the regulations and provisions of these Laws, for their criminal responsibility for their actions to be nullified based on the fact that they were ordered to carry out the act in question.  The assassinations carried out by the Israeli Authorities against protected Palestinian civilians accused of committing “crimes of resistance” against the Israeli occupation are clearly grave beaches of international law.  Article 147 of the Fourth Geneva Convention, specifies which acts are considered grave breaches of the Convention and that an occupying power is prohibited from committing. Specifically Article 147 says that,

"Grave breaches to which the preceding Article related shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of the hostile Power, or willfully depriving a protected person of the rights or fair and regular trial prescribed in the preset Convention, taking of hostages and extensive destruction and appropriation of property, nor justified by military necessity and carried out unlawfully and wantonly,"

Article 85[22] of the First Protocol attached to the Geneva Conventions approved in 1977 states that the acts of deliberate killings and punishment committed against civilian residents who are accused of doing certain acts, without any consideration to the legal guarantees approved by the Conventions and the provisions of the Protocol are considered war crimes.[23]

5. The Responsibility of the Occupying Power for Assassinations and Summary Executions

5.1 The Civil Responsibility of Israel

Through its policies of assassination and summary execution the Israeli Authorities have violated the regulations and provisions of International Humanitarian law and other public international laws relevant to attacks on the civilian residents of an occupied territories. Moreover, they have violated the rights of persons accused of crimes to a fair trial by punishing them without specifying charges or a allowing for a trial.  This raises the need for the Israeli occupation authorities to be held responsible for their actions on an international level and raises the issue of the right to compensation for Palestinian victims of Israeli violations.[24]

Palestinians demands in this respect are based on the provisions and the regulations of International Law. These provisions and regulations oblige the parties who violate their international obligations by committing illegitimate acts to take a number of steps to lessen or nullify the impacts of their violations.  The obligations, steps, and considerations that the offending party should commit themselves to in this regard can be defined and laid out as follows:

·        Stop internationally prohibited acts and practices: This means that the State that has committed actions or practices that violate the provisions and regulations of the law, should stop their actions or practices and refrain from resuming them. If the action is an attack on another country, the attacking country should immediately stop its armed attack. If the action taken is an act considered legally illegitimate, such as confiscating the land of another country, this offending party must cease and desist from such acts.

·        Return the situation to its previous condition (compensation): This means that the party that has caused damage as a result of committing an illegitimate action should repair or remove all the manifestations of this damage. For example, if the violation was invading the territory of another country, the invading country should order its forces to withdraw and return the territory to its state before the invasion.

·        Pay financial compensation: Although returning the situation to its previous condition is the most favored mechanism in relation to the regulations and provisions of International, there are certain cases in which implementing this measure is impossible. It is not always possible in cases where there has been extensive damage or destruction to land and property that has been used by the violating party to fully restore an area to its previous state. In cases of this sort financial compensation is considered the only legitimate recourse for victims of violations.

The provisions and regulations of International Humanitarian and public international law have also specified that in cases of compensation proportionality must be taken into consideration. This means that compensation should be proportional to the size of the actual damage, whether the damage was direct or indirect, immediate or long term.[25]

If these commitments are applied to the Palestinians who have been harmed as a result of Israeli practices and the during the commission of assassinations and summary executions recently carried out against the civilian residents in the Occupied Territories, it can be argued that these rights requires, on the basis of the provisions and regulations of International Law, the Israeli government to take a number of steps, including,

1.      The Israeli Occupying Forces must cease immediately its unlawful practices and must stop assassinating and killing Palestinians.

2.      The Israeli Occupying Forces must stop issuing new orders related to these practices.

3.      The Israeli Occupying Authorities must pay financial compensation to all persons harmed by these practices. The occupier should take into consideration the extent of the harm caused and make sure that the amounts of money given as compensation are fair.

5.2 The Criminal Responsibility of Israel

The Israeli Occupying Authorities must implement the above-mentioned demands as compensation for their violations of, and as part of their obligations under, international law. These obligations affirmed by the Fourth Geneva Convention and other international conventions and agreements; their implementation is an act that should be carried out on the basis of the regulations and provisions of International Public and Humanitarian Laws relevant to violations that occur under occupation.

In any case, the implementation of these demands does not mean the exemption of Israel from its international criminal responsibility. Nor can Israel deny its responsibility for its above-mentioned practices and acts. The international criminal responsibility of the Israeli occupier for assassinations and summary executions committed in the occupied territories should not be dropped even if Israel begins to fulfill its civil and legal responsibility. The rights of Palestinians as the party harmed by Israeli practices should remain under consideration as relates to pursuing and investigating persons who ordered and committed these crimes.

This right was enshrined in Article 146 of the Fourth Geneva Convention[26] and Article 88 of the First Geneva Protocol attached to the Geneva Conventions.[27] This right was also enshrined in Article 6 of the Principles of International Law Recognized in the Charter of the Nuremberg Tribunal and in Judgment of the Tribunal, 1950. Article 6 of which states:

“ The crimes hereinafter set out are punishable as crimes under international law:

(a)   Crimes against peace:

(i)                Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

(ii)             Participation in a common plan or conspiracy for the accomplishment of any threats of the acts mentioned under (i ). 

(b)   War crimes:

Violations of the laws or customs of war include, but are not limited to, murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

(c)    Crimes against humanity:

Murder, extermination, enslavement, deportation and other inhuman acts done against civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.”

Hence, the international community has an obligation to pursue all persons who have ordered the commission of these crimes whether they are military personnel, politicians, or state officers. In addition, this right also applies to Israeli soldiers, as they are culpable for their part in the commission of these crimes in the Occupied Territories. 

It is important to mention that these legal obligations[28] take precedent over internal criminal laws.  This is logical and a credit to the legislators who designed International Criminal Law as the atrociousness of certain acts requires that perpetrators be tried, which may not occur if left up to the discretion of local authorities.  All steps that can possibly be taken to force members of the international community to abstain from committing such acts or granting immunity to a person who does commits war crimes must be taken. Removing immunity from prosecution for war crimes is one of the most important guarantees provided to an oppressed people.  It gives them the ability to respond to those who committed acts and practices classified as war crimes when the conditions under which they live change.

Classifying assassinations and summary executions committed by Israeli forces as war crimes not only raises the right of Palestinians to pursue those who ordered or committed such crimes, but also raises the issue of the obligation of the Contracting Parties to the Fourth Geneva Convention and the First Protocol attached to the Convention to pursue and investigate the perpetrators Israeli war crimes.  This obligation is clearly stated in the Fourth Geneva Conventions and its First Protocol.

Article 1 of the Fourth Geneva Convention states, "The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances."

Article 146 states, "The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article.

Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another high Contracting Party concerned, provided such High Contracting Party has made out a prima facie case.

Each Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following article."

Article 1 of the First Protocol states, " (1) The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances. (2) In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and dictates of public conscience. (3) This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions. (4) The situations referred to in the preceding paragraph include armed conflicts which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration of Principles of International Law concerning Friendly Relations and Co-operation among states in accordance with the Charter of the United Nations.”        

Article 86 states, "(1) The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so. (2) The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or going to commit such as breach and if they did not take all feasible measures within their power to prevent or repress the breach.”  

It is apparent that the regulations and provisions of the Fourth Geneva Convention and the First Protocol have imposed clear commitments on the Contracting Parties to move to confront any party that deliberately violates these regulations and provisions. These Parties can take action using any effective measures they find appropriate.

Though the Convention did not discuss the means that can be used to enforce respect for the Convention by the Contracting Parties, it defined the commitments of these Parties towards the persons who are proved to have committed grave breaches against the provisions of the Convention. These commitments include pursuing and investigating these individuals in regards to their acts and practices. The Parties have the right to choose between having these individuals stand trial or handing them over to the violated party to have them stand trial in a national court, or to a third party that is willing to prosecute them.

What is important is that the Contracting Parties pursue war criminals and investigate them regardless of the demands of other contracting Parties. Article 146 of the Fourth Geneva Convention obliges the Parties to issue effective measures and legislation to counter the practices and actions of others that are criminal as defined in the provisions of the Convention. The commitment of the Parties is an individual commitment.  This means that each Party to the Convention is obliged to take action alone, regardless of the position of other Parties.

When applying the above-mentioned provisions and commitments to the subject at hand, we can state clearly that the Contracting Parties to the Geneva Convention are obliged to seriously interfere in order to counter Israeli acts and practices related to assassination and summary execution. These Parties can also take collective measures that guarantee the stoppage of Israel’s violations and that force Israel to remain committed to respecting the International Humanitarian Laws

 that regulate its practices in the Occupied Territories.

These Parties should also be individually committed to issuing internal legislation that guarantees the prosecution of Israelis who ordered or committed grave breaches. It is important to stress Palestinians’ responsibility to call upon the Contracting Parties to the Geneva Convention and its Protocol to carry out their commitments regarding this issue.

6. Conclusion and Suggested Courses of Action

This report presents evidence that the assassinations and summary executions committed by the Israeli Occupying Forces against the civilian residents of the Occupied Territories are unlawful, as they are clear violations of, among other regulations, the provisions of the Fourth Geneva Convention relevant to the rights and duties of an occupying power.

In light of the severity of these actions and the gravity of Israeli threats (information prepared by the Israeli intelligence including a list of names of 100 Palestinians who are likely to be assassinated or summarily executed was recently published) al-Haq expresses concern about the Israeli Occupying Forces continued policy of assassination. Al-Haq therefore calls on the international community and the High Contracting Parties to the Fourth Geneva Conventions to intervene to prevent further violations.  Some suggested courses of action include: 

-         The United Nations Security Council must intervene and provide an international protection force for Palestinian civilians living in the Occupied Territories.  The Council should discuss procedures for sending international forces to stop the Israeli aggression and protect the Palestinian people from continued Israeli Human Rights violations and war crimes.

-         Mrs. Mary Robinson, the United Nations High Commissioner for Human Rights, should act in order to secure effective international intervention to protect the civilian residents of the Occupied Territories.

-         The High Contracting Parties to the Fourth Geneva Convention should convene immediately to discuss procedures to ensure Israel’s compliance with and respect for the Fourth Geneva Convention of 1949.

-         The High Contracting Parties to the Fourth Geneva Convention should fulfill their responsibility stemming from Articles 1 and 146 of the Convention by pursuing and investigating the persons who ordered the commission of assassinations and summary executions and those who committed them. Under the Fourth Geneva Convention and its First Protocol, these actions constitute grave breaches of the Convention and are classified as war crimes.

-         Due to the inaction of the United Nations Security Council regarding Israeli violations and war crimes, and its lack of response to Palestinian demands for international protection for the civilian residents of the Occupied Territories, the United Nations General Assembly is obliged to bear responsibility by interfering to effectively provide this protection. The General Assembly has the legitimate right to act in this regard in conformity with General Assembly Resolution Number 377 on unity for peace and has the power to force Israel to respect and guarantee its commitments and to stop its aggression against the Palestinians. Moreover, the General Assembly should force Israel to implement the resolutions of the United Nations General Assembly and Security Council relevant to the Palestinian problem, particularly those related to allowing Palestinians to practice their legitimate right to self-determination.

-         The International Committee of the Red Cross (ICRC) must bear its full responsibility by calling upon the High Contracting Parties to the Fourth Geneva Convention to move to intervene to protect the Palestinian civilian population and to discuss measures and means that can be taken to force Israel to comply with International Law.