June 11 , 2001

Three Killed and Three Injured During Israeli Shelling Of Palestinian Residential Area

Around 11:00 pm on Saturday June 9, 2001 three Palestinian women were killed by Israeli tank shells fired indiscriminately into their residential neighborhood. An additional three Palestinians were injured during the attack. Initial Israeli reports stated that the attack was carried out in response to shooting originating from the general direction of where the women lived. However, information received by al-Haq indicates that there had not been any shooting for several hours prior to the attack. Subsequent statements by the Israeli authorities stated that the attack on the neighborhood was a mistake, and an investigation into the matter has been opened. 

The three women killed were all members of the same family. They lived together in a clay home near the al-Shuhada crossing in Netzarim, Gaza. Those killed were Silmiyah al-Malalha, 65, Hikmat al-Malalha, 17, and Nassra al-Malalha, 50. They were killed by shrapnel from shells that struck their home while they were sleeping. Nasra al-Malalha, 61, and Hussain al-Atram, 35, were both injured during the same attack.

Information received by al-Haq indicates that there were Palestinian gunmen in the area of Netzarim on the night in question. However, the only shots to be fired from the Palestinian side were fired between 6:00 and 7:00 pm and came from a different direction than the direction at which the Israeli tanks fired. Today Israeli Prime Minister Ariel Sharon expressed his regret over the deaths of the three women and formally stated that it was a mistake. This contradicts official Israeli reports released by the Israeli Military spokesperson shortly after the attack that Israeli fire was directed only at specific locations were gunmen had been identified. The Israeli military has not yet taken responsibility for the deaths, but has opened an investigation into the events.

Al-Haq once again condemns Israel’s continued excessive and indiscriminate use of force, and calls upon the International community to take action to provide for the Protection of Palestinian civilians living in the Occupied Territories. Less than one month ago on May 14 Israeli forces killed five Palestinian Policemen as they sat guarding an official checkpoint in Betunia near Ramallah. The Israeli military initially claimed responsibility for the attack claiming that it was targeted at “terrorists” responsible for attacks upon Israeli targets. However, it soon became clear that the men killed were merely policemen doing their jobs, and the Israeli authorities were forced to express their deep regret over the tragic “mistake” that cost five innocent lives. 

Over the last eight months Israeli indiscriminate fire and excessive force have taken numerous lives. Harry Fisher a German doctor and resident of Beit Jala was killed on November 16th by a tank shell that struck him as he attempted to give medical aid to neighbors. Obei Darraj, 8, was shot and killed while playing in his bedroom when Israeli forces in the settlement of Psagot opened fire indiscriminately on the city of El Bireh on March 3rd, and on March 28th Mahmoud al-Darawish, 11, was killed by a bullet fired by Israeli forces while he played on the roof of his family’s home. Iman Heijo, four months, was killed on May 7th when a tank shell struck her family’s home in Gaza. 

Despite repeated condemnation by the international community and their own “sincerely” expressed regrets, the Israeli authorities have done nothing to curb their excessive use of force against Palestinian civilians. The “unilateral ceasefire” that Israel has widely touted as a sincere effort to bring an end to the “conflict” has repeatedly been violated. Little difference can be seen on the ground from before the “ceasefire” was declared. Since the bombing last week in Tel Aviv the already stringent closure has been tightened in the Occupied Territories and sieges over individual towns and villages were reinforced making travel virtually impossible, and blocking, trade. The Israeli government continues to talk of expanding settlements, and since Sharon took power at least 15 new settler outposts have been established on Palestinian land. Settlers have also continued to attack Palestinian towns and villages, burning shops, schools, and crops with impunity. The use of tanks to respond to small arms fire, and firing with heavy weaponry, including tanks into civilian areas as occurred on Saturday also does not fit within the context of a ceasefire. 

The Palestinian residents of the Occupied Territories qualify as protected persons under article 47 of the Fourth Geneva Concention, and as such “shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention…” Article 27 of the same convention states that “Protected persons are entitled, in all circumstances, to respect for their persons…” and “they shall at all times be humanely treated, and shall be protected especially against all acts of violence.” The pattern of Israeli attacks on residential Palestinian areas, and the continued deaths and injuries of innocent Palestinian civilians are clear indications of Israel’s continued violation of its obligations under the convention. Additionally, Israeli shelling of civilian areas is a clear violation of Article 53 of the Fourth Geneva Convention of 1949. 
Additionally, it violated Article 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 international community must now act against Israel’s continued use of excessive and indiscriminate force, and its targeting of civilian areas. Israel must comply with its obligations under international law and comply fully with UN Resolutions 194, 242, and 338. Until Israel takes actions to end its belligerent occupation of the Palestinian territories and complies with its legal obligations the international community should take all available steps to enforce respect for international humanitarian and human rights law. Al-Haq therefore requests that the United Nations send a human rights monitoring force to the Occupied Territories to document all violations social, economic, cultural, civil and political that result from the continued Israeli occupation. It also requests that the States Parties to the Fourth Geneva Convention take immediate action to bear responsibility towards breaches and grave breaches committed against Palestinians in the Occupied Territories, and to fulfill their legal obligations as High Contracting Parties of the Fourth Geneva Convention under Article 1 of the Convention that states that states must act “ to ensure respect for the present Convention in all circumstances”.