February 28, 2001

One Palestinian Civilian is Killed in his Home as 

Israeli Occupying Forces Continue to Indiscriminately Shell Civilian

Palestinian Areas

Israeli Occupying Forces launched punitive attacks upon civilian Palestinian areas following clashes between Palestinian demonstrators and Israeli Forces yesterday.  From 6:00 to 10:00 pm Israeli tanks located on a hill to the east of the Beit El Military Camp that overlooks the Palestinian city of El Bireh indiscriminately fired shells into residential neighborhoods of El Bireh.  

Fifty-Four year old Naim Ahmed Mohammad al-Badareen was killed by a tank shell that penetrated the wall of his home and struck him in the torso.  His body was torn apart, and the collection of all of the pieces of his body took hospital workers several hours.  Naim lived in a two-story building along with fourteen other members of his family including his children and grandchildren.  His home was struck by a total of four shells, which caused extensive structural damage.   According to initial Israeli reports shelling commenced in response to shooting by Palestinians located in El Bireh.  However, documentation and affidavits collected by an al-Haq fieldworker show that there was no shooting anywhere in the vicinity of Naim’s house which is in the al-Balou’ neighborhood located on the northern side of El Bireh.  The incidents to which the Israeli authorities claimed to be responding occurred across the city from al-Balou’ in the Rafat neighborhood located on the southern side of the city.  This attack occurred exactly one week after Israeli Tanks opened fire upon Beit Jala, hitting the home of, and killing, Mohammad Ibrahim al-Korbi, age 19.  

Soon after the outbreak of the Intifada the Israeli authorities began using helicopters and tanks to shell targets in the Occupied Palestinian Territories both as a “preventative measure” against targets that it claimed were being used as staging points by Palestinian gunmen trying to launch attacks against Israeli soldiers and settlers and as a “retaliatory measure”, as was the case after the killing of two Israelis in Ramallah in October.   Targets that have been hit have included, but are not limited to, buildings located near main flashpoints, police installations, residential neighborhoods, businesses, industrial sites, schools, and hospitals.  Every major Palestinian city and many towns and villages have been shelled.  Fire from helicopter gunships, tanks, and heavy machine-guns has been indiscriminately directed towards civilian homes and businesses.  Evidence gathered by al-Haq fieldworkers contradicts Israel’s claims that attacks have only targeted “strategic” or military targets, or buildings used as staging points for attacks.  Twenty-eight Palestinian civilians have been killed and many have been injured in these attacks.    

Israeli shelling of civilian areas is a clear violation of Article 53 of the Fourth Geneva Convention of 1949.  It is also a grave breach of the convention under Article 147, which prohibits the “extensive destruction and appropriation of property”.   Additionally, it violated Articles 22, 23, and 25 of the 1907 Hague Regulations.  Israel has recognized the applicability and of both the Hague convention and the Fourth Geneva Convention to the Occupied Territories

The Israeli authorities have ignored repeated condemnations of their use of tanks, gunships, and heavy weaponry against civilian areas, and will continue to do so until effective action is taken by the international community to end Israeli aggression.  It is in this light that al-Haq reiterates the following demands:

1.   The international community should take appropriate action to sanction Israel for its continuous shelling of Palestinian civilian areas.  Israel’s targeting of civilian areas is illegal under international law and constitutes a war crime that should be investigated.  Those found responsible for committing or ordering the commission of such crimes should be tried.

2.   States Party to the Fourth Geneva Convention should act immediately to provide the Palestinian people with protection from Israeli human rights violations and demand an end to abuses committed by Israeli forces.  Israel continues to commit grave breaches of the convention that obligate States Parties to act under Article 1, which calls for them “to respect and ensure respect for the present Convention in all circumstances.” 

3. The Security Council and the UN General Assembly must end their indefensible silence regarding Israeli’s blatant violations against Palestinian’s human rights.

4.   The international community should take the necessary measures to pressure the Israeli Government to stop its excessive use of force and aggression against Palestinian civilians and to end its belligerent occupation.

5.  The Security Council should reconsider its decision regarding the deployment of an international protections force for the Palestinian people and should immediately take steps to form such a force to ensure Israeli compliance with United Nations Resolutions and international law.