Press Release 

September 17 , 2001

Press Release Index

Israeli forces Execute a Palestinian Civilian
As Attacks and Sieges on Palestinian Areas Expand


On September 11, 2001 Israeli military forces surrounded the West Bank Cities of Jenin and Jericho. Many smaller villages surrounding these cities were also sealed off with no traffic allowed in or out of them. More than 70 tanks and armored personnel carriers have been positioned around the perimeter of Jenin making passage into or out of the city impossible. 
Over the last several days Israeli tanks have also entered into Jenin, Jericho, Salfit, Ramallah and Kalkilya, destroying police stations, security outposts, and a number of private residences.  In Jenin the electrical infrastructure was also heavily damaged leaving half of the city without power, and the cities water supply has been blocked for three days. Eighteen Palestinians were killed between September 11 and 15, twelve of them during raids into Jenin. One of those killed was executed last Wednesday at a checkpoint outside of the village of Tamoun near Jenin. An eyewitness to the killing related the following story to al-Haq. 

Everyday at 3:30 AM the eyewitness leaves the village of Toubas to deliver bread to the neighboring village of Tamoun. The trip usually takes about 45 minutes. Following the completion of his deliveries in Tamoun the eyewitness received a call from an acquaintance in the village of al-Faraa’ asking him to come to the village to deliver more bread. At 4:45 he left Tamoun for al-Faraa’, traveling along the main road between Tamoun and Toubas. Just outside of Tamoun he came across twenty to twenty-five Israeli soldiers gathered near the road. They were not located at a regular checkpoint or roadblock, and their presence was unexpected. 
They ordered him to stop and get out of his car as they checked his ID card. After several minutes of waiting another car containing four Palestinian workmen approached the checkpoint from Tamoun. Its occupants were also required to exit from their car and turn over their ID cards to the soldiers at the checkpoint. All of the men were then made to sit on the ground and wait. 

Shortly thereafter a jeep from the Palestinian Preventative Security Service approached the checkpoint from the direction of Toubas. Seeing the workmen and eyewitness’s cars the jeep began honking its horn to see if there was a problem. The Israeli soldiers responded by shining a bright spotlight on the jeep and ordering it to stop. Simultaneously, the jeep began to rapidly turn around and the eyewitness heard the sound of a gun being cocked in the jeep. The Israeli soldiers also heard the noise and opened fire at the jeep, as fire was also directed at them. At least one Israeli army helicopter quickly landed on a neighboring hill, and the shooting stopped as the jeep fled the area. 

The Israeli soldiers quickly gathered together and began to search the surrounding area. One of the soldiers yells that there is a Palestinian lying in the road approximately 10 meters from his location. (Reports gathered by al-Haq indicate that the individual was Tha’er Mahdawi) The commanding officer ordered the soldier not to approach the man, but to shoot him twice to ensure that he is dead, and then to approach. The soldier complied with the order, shooting Mahdawi twice and then kicking his body to ensure that he was dead. After another hour all of the detained men were released, although the eyewitness was forced to abandon his car. 

While there is a possibility that Mahdawi had already been killed when the Israeli soldier shot him, there is an equal possibility that he was merely injured. The order to shoot Mahdawi and the shooting itself were both given and carried out with the intent to kill. These actions are analogous to willful killing as defined under international law. According to Article 147 of the Fourth Geneva Convention willful killing is a grave breach of the convention. According to Article 146 of the same convention grave breaches of the convention require that all High Contracting Parties to the convention take action to search out and bring to justice all persons or parties responsible for carrying out grave breaches of the convention. All grave breaches of the Fourth Geneva Convention are considered de facto war crimes, and are listed as such in the statute of the International Criminal Court. Al-Haq therefore calls upon Israel to fully investigate this case and any other cases of abuse against Palestinians, and demands that those found to be responsible for killing Mahdawi be brought to justice. Al-Haq also calls upon the International Community to provide protection for the Palestinian people living under Israeli occupation and to take all necessary action to ensure that Israel respects its obligations under international law. 
Finally, al-Haq calls upon the Israel military to make public its open fire regulations, and to ensure that they are both respected and followed. 

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