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Israeli forces stationed at an outpost near the village of al-Khader have planted landmines in the
area surrounding the post. A local family and the Roman Orthodox Church own the land on
which the outpost is located. To date mines have accidentally exploded at this location on at least
three different occasions.
On March 4, 2001 Israeli forces informed Ali Salim Saleh of al-Khader that they would be
establishing a military outpost on his land. . Saleh lives on Jabal Abu Soud, which is a hill that
overlooks al-Khader and Bethlehem. Since its establishment this outpost has been used as a
place from which to shell the village of al-Khader and Bethlehem. The outpost is located only 15
to 20 meters from Salehs home, and on several occasion Israeli soldiers have used the house as
a location from which to shoot into the village. Fifteen family members live in the home, including
3 of Salehs married children and six children under the age of 12.
Shortly after the camp was built an Israel officer called upon the Saleh family and informed them
in Hebrew that the area around the outpost was surrounded with mines, and that they should not
walk around their home. They asked to put up a fence around the home, but were denied
permission. Two weeks later another officer came to the house and again told them to be careful
because there were mines in the area. Mines have accidentally exploded three times. The second
explosion occurred approximately two weeks ago. Saleh told al-Haqs fieldworker that there
was an explosion around 10:30 in the evening. The next morning when he went outside he
noticed a large hole in the field near his home. The grass surrounding the hole had been burned,
and nearby stones had been blackened. A soldier later told him that they thought a dog walking
through the area had set off the mine. The most recent explosions occurred on June 30, when
two mines detonated during the night. What set them off is unknown. The area around the Saleh
family home has been declared a closed military area since the establishment of the outpost.
Since the outbreak of the Intifada 100s of outposts and checkpoints have been set up throughout
the Occupied Territories. The use of landmines in this location, and the possibility that they have
been used in other locations throughout the occupied territories leaves al-Haq gravely
concerned.
On October 30, 2000 Israeli signed the Protocol on Prohibitions or Restrictions on the use of
Mines, Booby-traps and other Devices (II) of the Convention on Conventional Weapons
(CCW). The protocol entered into force in Israel on April 1, 2001. Article 4(2) of this Protocol
states that It is prohibited to use weapons to which this Article applies [mines other than remotely
delivered mines, booby-traps, and other devices] in any city, town, village or other area
containing a similar concentration of civilians in which combat between ground forces is not taking
place or does not appear to be imminent. When it ratified the Protocol Israel submitted eight
declarations related to its obligation. These included a declaration that provisions of the
Amended Protocol II, such as those regarding marking, monitoring, and protection of areas
containing mines under the control of a high contracting party, shall apply to all areas containing
mines. In placing new mines next to a civilian area Israeli has clearly violated its obligations
under this protocol. In refusing to allow a fence to be put up around the area containing the
mines, and in leaving them unmarked, Israel has also violated its own declarations related to the
treaty.
In accordance with the Fourth Geneva Convention of 1949 the Israeli Authorities are responsible
for ensuring the protection of the civilian residents of the Occupied Territories, as they are
protected persons. Al-Haq therefore calls upon the Israeli government to:
1. Join the Mine Ban Treaty of 1997 calls for a ban on the use, production, stockpiling, sale, and
transfer of Landmines.
2. Remove all the Landmines from the Occupied Territories. Until the Israeli authorities comply
with demand they must put up fences and post clear signs warning the people of areas that contain
Landmines.
3. Compensate any victims of Landmine explosions.
4. Fulfill its contracted duties as a signatory to the Protocol on Prohibitions or Restrictions on the
use of Mines, Booby-traps and other Devices (II). |