April 2 , 2001

Israeli Forces Continue their Escalation of the Use of Violence in the Occupied Territories by Assassinating One More Palestinian Activist

Israeli Forces in the Gaza Strip assassinated another Palestinian activist today in flagrant disregard of international humanitarian law.  According to information received by al-Haq from The Palestine Center for Human Rights in Gaza, and Israeli press reports, at approximately 12:45 this afternoon Israeli forces killed Mohammad Atwa Abdel-Al in what a security official confirmed to be an assassination.[1] 

 The reports received by al-Haq state that at approximately 12:45 Abdel-Al, age 26 from Rafah, was killed when an Israeli attack helicopter fired three rockets into his car.  Abdel-Al was driving down Ben al-Walid Street near the Egyptian border in Rafah when the attack occurred.  Two rockets hit the car directly killing Abdel-Al and completely destroying his car.  Additionally, a taxi traveling behind Abdel-Al’s car was completely destroyed, although its occupants were able to escape without injury.  There were no other physical injuries in the attack, but two bystanders required medical attention due to shock.  Abdel-Al is reported to have been an active member of the Islamic Jihad, although no evidence has been released by the Israeli authorities detailing his activities or proving that he has participated in attacks upon Israeli targets.

 According to al-Haq documentation this is the thirteenth assassination to be carried out by Israeli forces in the occupied territories.[2]  Israeli officials have never made their evidence against the individuals it has targeted public, although they have made no efforts to hide their blatantly illegal actions.  Various Israeli officials including former Deputy Defense Minister Ephraim Sneh, former Chief of Staff Shaul Mofaz, and former Prime Minister Ehud Barak have all acknowledged Israel’s use of assassination as a means of quashing resistance to Israel’s continued belligerent occupation. 

Israel contends that the victims of targeted political assassinations were combatants, however according to the UN human rights Inquiry commission this is unconvincing for two reasons, “they [those persons assassinated] were not participating in the hostilities at the time they were killed, and no evidence was provided by Israel to back up its contention of a combat role despite their civilian appearance.”  Furthermore, there is not legal foundation for killing protected persons on the basis of suspicion or even on the basis of evidence of their supposedly threatening activities or possible future actions.  On the contrary, Article 27 of the Fourth Geneva Convention provides for respect of persons, Article 32 explicitly prohibits their killing, and Article 68 places restrictions on the application of the death penalty and requires judicial proceedings.    

 The intentional killing of civilian inhabitants of an occupied territory who do not pose an immediate threat to the occupying party qualifies as willful killing, which is a grave breach of the Fourth Geneva Convention under Article 146, and is subject to international criminal prosecution.  As such, the High Contracting parties are under an obligation to seek out the perpetrators of the killing to bring them to trial.  Al-Haq therefore reiterates its calls for:

1.  States Parties to the Fourth Geneva Convention to act immediately under their obligations as outlined in Articles 1, 146, and 147 of the convention to provide the Palestinian people with protection from Israeli human rights violations and demand an end to abuses committed by Israeli forces. 

2.  The Security Council to end their indefensible inaction regarding Israel’s blatant violations against Palestinian’s human rights.

3.      The international community to take the necessary measures to pressure the Israeli Government to stop its excessive use of force against Palestinian civilians.