Since the summer of 1992, the Israeli military forces have been pursuing a new strategy in the Occupied Palestinian Territories, ostensibly in their pursuit of 'wanted' Palestinians. This new Israeli policy permits the use of anti-tank missiles and high-powered explosives by the military forces during what the Israeli authorities describe as 'military operations' conducted in order to arrest fugitive individuals. Anti-tank missiles and high-powered explosives are fired at and detonated inside Palestinian homes. The official rationale for this strategy is that such weapons are employed to force 'wanted' Palestinians hiding inside to come out of the building and surrender to the Israeli military forces, while at the same time the lives of the Israeli soldiers are protected. Soldiers are no longer required to storm the house in question in order to apprehend the individual inside, thus, it is claimed, ensuring their safety. As a consequence of the Israeli military forces using these weapons, many Palestinian homes have been destroyed and hundreds of Palestinians, men, women and children, have been left homeless. A number of Palestinians have also been killed during these operations and many others have been treated inhumanely. Many legal and humanitarian questions are therefore raised by the implementation of this policy, not least of which is that of the long-term effects on the dozens of families affected. AT the forefront of al-Haq's concerns is the need to investigate the legality of the practice in the context of international law and, in particular, the laws of belligerent occupation.

This report presents the results of al-Haq's documentation of Israeli operations involving the use of anti-tank missiles and high-powered explosives. The report relates to operations conducted since the summer of 1992 until the end of April 1993. Unless otherwise indicated, all the factual information presented in this report is derived from al-Haq's fieldwork and research. Al-Haq's fieldworkers documented the operations, gathering information and affidavits from affected inhabitants and examining the destruction and damage caused to each house or building.

In addition to presenting al-Haq's findings, the report reviews the international laws protecting the property of the occupied population, as well as the laws regulating the use of force by military personnel engaged in the task of apprehending and arresting suspects. The report then sets out Israel's official arguments in support of the new policy, and those in support of the practices of its military forces during the operations. These are then analysed in the context of the previously discussed laws and al-Haq's documented findings. Questions of redress, including Israel's state responsibilities and the role of the Israeli High Court, together with the legal duties of the international community, are also discussed.

It should be noted that the primary focus of the report is the destruction of property. Although the issue of inhumane treatment is discussed and some specific details of individual killings are revealed, the report does not attempt to provide a detailed examination of the legality of the killings that have occurred. This issue has already been addressed in reports issued by al-Haq and other human rights organisations.

The operational policy discussed herein is a new development in the Israeli military forces' conduct in the Occupied Palestinian Territories. This report attempts to provide a detailed insight into the practices that have been carried out since the policy's introduction. It also raises the serious issue of the way in which laws, especially those of belligerent occupation, may be manipulated to serve purposes for which they were never intended. Among other issues raised is the scope of a state's legal duties once a breach of international law has been found to have been committed. These duties are not limited to the mere payment of compensation.

As this new Israeli policy has not renounced and new operations are continuing to occur, this report cannot be considered the final word on this issue. However, it is hoped through its release that attention will be drawn to a policy that has largely failed, to date, to gain the attention of the international community.

IN addition to the main text, the report contains five appendices. Appendix 1 provides a catalogue of all operations documented by al-Haq. Appendix 2 presents two in-depth case studies, whilst appendices 3 - 5 reproduce, in translation, the responses of the Israeli Ministry of Defence and the Israeli Legal Advisor to questions raised in the Israeli Knesset and by al-Haq regarding the operations. Detailed endnotes are provided at the end of the report.

Introduction

1. Operations documented by al-Haq

1.1 Statistics
1.2 The Conduct of Operations
1.3 Summary

2. International Law

2.1 The Humanitarian Laws of Armed Conflict

2.1.1 The Hague Regulations of 1907 and the Fourth Geneva Convention of 1949
2.1.2 Military Necessity
2.1.3 The Limits of Permitted Derogation

2.1.3.1 Military Operations
2.1.3.2 When 'Military Operations' Can Occur
2.1.3.3 Absolutely Necessary? The Principles of Proportionality and Discrimination

2.2 The UN Code of Conduct for Law Enforcement Officials

3. Israel's Justifications and al-Haq's Responses

3.1 Israel's Justifications

3.1.1 To Arrest 'Wanted' Persons
3.1.2 To Protect the Lives of Israeli Soldiers
3.1.3 To Deter the Local Population of the Occupied Territories from Helping 'Wanted' Persons, Particularly by Providing Refuge
3.1.4 Operations Are Conducted So As To Ensure the Safety of Local Inhabitants and Their Valuables
3.1.5 The Operations Are Legal Under Applicable International Law

3.1.5.1 Applicability
3.1.5.2 Military Operations For Military Necessity

3.2 Al-Haq's Response to Those Arguments

3.2.1 The Actual Aim Is to Search for 'Wanted' Persons
3.2.2 Illegal Measures Are Used to Protect Israeli Soldiers When Other, Legal Measures Are Available.
3.2.3 Deterrent and Collective Punishment Measures Are Illegal
3.2.4 Operations Fail to Ensure the Safety of Local Inhabitants and Their Valuables
3.2.5 The Operations Are Illegal Under Applicable International Law

3.2.5.1 Applicability
3.2.5.2 The Operations Are Law Enforcement Operations and Are Carried Out in an Illegal Manner Under the UN Code of Conduct

3.2.6 Summary: a Grave Breach of the Fourth Geneva Convention

4. The Responsibilities of a State

4.1 Acts Attributable to a State
4.2 The Duty of Restoration
4.3 The Duty to Prosecute

5. Israel's High Court

5.1 Section 119 of the British Defence (Emergency) Regulations of 1945
5.2 Security - Presumption in Favour of the Military Commander
5.3 Deterrence
5.4 Hague Regulation (23(g)) and Fourth Geneva Convention Article 53
5.5 Summary

Conclusion: the Need for International Protection