|
Osama Jawabreh (29) was assassinated yesterday in the old city of Nablus in the West Bank
when a public phone he was using exploded. Shrapnel from the blast injured two passing
Palestinian children. This assassination bears striking resemblance to the killing of Iyad Hardan on
April 6th in Jenin. Hardan was also assassinated when the public phone he was using exploded.
At 10:24 am Jawabreh was talking on a public phone located near his home in the
al-Aryoun Quarter in the Old City of Nablus when it exploded. Jawabreh was killed immediately, and Amar
Shubaro (5) and his sister Malak Shubaro (4) were lightly injured by shrapnel. According to
Israeli sources Mr. Jawabreh was a member of the al-Aqsa Martyrs Brigades, a group that has
taken responsibility for a number of shooting and bombing attacks over the course of the
Intifada, including attacks in which several settlers have been killed. These sources also claim that
Jawabreh was one of the top explosives experts in the West Bank, and that he was personally
responsible for several bombs that were sent into Israel. Al-Haq has not been able to confirm
these reports, but Jawabreh was a known activist in Fatah in the Nablus region, and was a
member of the Fatah Hawks prior to the current Intifada.
The Israeli government has officially denied responsibility for the killing. However, last week the
Israeli cabinet decided that the use of assassination as a preventative measure could resume if it
was deemed necessary for security reasons. According to media sources, a high level Israeli
diplomat who is currently in Washington with Israeli Prime Minister Ariel Sharon stated that two
days prior to the killing a list of wanted persons was passed on to West Bank Security Chief
Jabril Rajoub by the head of the Shin Bet Avi Dichter. According to the same official Rajoub was
told that if the Palestinian Authority did not act to arrest the individuals on the list within
twenty-four hours Israeli would act on its own. Jawabrehs name is said to have been on this
list.
Al-Haq condemns Israels continued implementation of its policy of assassination and its blatant
disregard for international law. Article 1 of the Resolution on the Principles of Effective
Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions from 1989 states
that,
Governments shall prohibit by law all extra-legal, arbitrary and summary executions and shall
ensure that any such executions are recognized as offences under their criminal laws, and are
punishable by appropriate penalties which take into account the seriousness of such offences.
Exceptional circumstances including a state of war or threat of war, internal political instability or
any other public emergency may not be invoked as a justification of such executions.
In accordance with international law the use of assassination instead of criminal proceedings is
illegal. If Israel suspects that an individual has committed a crime they are under a legal obligation
to take all possible measures to attempt to arrest or detain the individual in question. To
assassinate any individual without trial violates all norms of justice. Premeditated killings such as
the assassination of Jawabreh qualify as willful killing, which Article 147 of the Fourth Geneva
Convention of 1949 prohibits. Article 147 of the Fourth Geneva Convention qualifies willful
killing as a grave violation of the convention that must be prosecuted by States Parties to the
convention. In this light the international community must take action to stop Israeli aggression
against unarmed Palestinian civilians and must pressure the Israeli government to end its policy of
assassination.
Al-Haq therefore reiterates its calls for:
1. Dr. Asma Jahangir Special Rapporteur of the Commission on Human Rights on
extrajudicial, summary or arbitrary executions to visit the Occupied Palestinian Territories
to fully investigate all cases of assassination that have occurred since the outbreak of the
Intifada and to report on his findings to the relevant international bodies.
2. 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.
3. The United Nations to 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.
4. The United Nations to fully implement all resolutions related to the Occupied Territories
passed during the last two meetings of the Human Rights Commission be, and press the
Security Council to take action to end Israels systematic violation of international
humanitarian law. |