Press Release

Press Release November 6 2000
Press Release Index
Al-Haq calls for the Prosecution of Perpetrators of Extra-Judicial Killing of Fourteen Year-Old Ala’a Mohammad Mahfouz

Based upon an investigation conducted by al-Haq into the shooting death of 14 year- old Ala’a Mohammad Mahfouz from al-Arroub Refugee Camp, north of Hebron, al-Haq concludes that: 1. The Israeli soldier’s life was not in danger when he shot Ala’a. The soldier in question was not acting in accordance with "IDF" Regulations. 2. The Israeli soldier was acting with the deliberate intent to kill, constituting an extra-judicial killing. Al-Haq gathered the following information from eyewitness testimonies surrounding the shooting death of Ala’a Mohammad Mahfouz. Below is a summary of the testimonies: On October 6, 2000 there were confrontations in Al-Arroub camp between Palestinian protestors and the Israeli Occupying Forces. Tear gas, rubber bullets and live ammunition were being used by the Israeli Forces. Ala’a was throwing stones from his rooftop when he hit an Israeli soldier, lightly wounding him. Another Israeli soldier witnessed the incident. Ala’a’s father was afraid the soldier would take revenge on Ala’a so he ordered him into the house. Fifteen metres away from the house of Ala’a, an Israeli soldier stood waiting. The clashes continued for several hours. Later, Ala’a went out on his porch with a cup of tea and was shot in the head by an Israeli soldier standing 10 metres away (by the short distance in which the shot was fired, it was clear that the soldier knew his target). Ala’a’s father was standing nearby when the shooting took place and quickly took Ala’a to Ahli Hospital. Ala’a was unconscious and bleeding badly. At around 7 pm that same day, an Israeli soldier stopped a young man Nasser Al-Badawi and spoke to him in Hebrew, as Nasser speaks Hebrew well. The soldier asked Nasser where he was going and Nasser replied that his friend was seriously injured and Nasser was now returning from the hospital. The Israeli soldier replied that he was the one who shot Ala’a because he was throwing stones. The soldier was certain that Ala’a would die from the injury. Nasser gave a full description of the Israeli soldier and this soldier has been seen many times shooting in al-Arroub Camp. Ala’a remained in the Ahli hospital for 4 days and was transferred to Saudi Arabia where he died on October 26, 2000. This shooting would indicate that Israeli soldiers are not acting according to their military regulations. Regulations for the Israeli Occupying Forces (IDF) state that the soldier will use a weapon in the event of immediate “danger to life” and should not open fire towards women and children. The eyewitness testimonies of this incident clearly indicate that the Israeli soldier responsible for the death of Ala’a was not following (IDF) regulations. Aside from not following their own standards, the "IDF" is also acting in complete disregard of international humanitarian law and international human rights principles. Al-Haq has fully documented this and similar incidents and reiterates that willful killing constitutes a grave breach of Article 146 and 147 of the Fourth Geneva Convention. Article 146 imposes an obligation on the States Parties to the Convention, especially those who have incorporated it into their domestic legislation, to search for and prosecute in their domestic courts those who commit grave breaches or order them to be committed. Al-Haq is willing to make available all of its documentation related to this matter to those Parties of the Convention who wish to fulfill their obligations in domestic and conventional law. Al-Haq calls upon the international community to form an investigative committee to study the circumstances of the death of Ala’a and other Palestinians who have been the victims of extra-judicial killings perpetrated by the Israeli Occupying Forces and Israeli settlers the 157 Palestinians that have been killed by the Israeli Occupying Forces since the beginning of the clashes. Al-Haq reiterates its call to the international community to form a war crimes tribunal and begin to prosecute those responsible for grave breaches.