On Friday 6 October 2000, one Palestinian was wounded and one killed by Israeli ‘Undercover Units’ at Al-Haram Al-Sharif in yet another case of willful and unjustified killing amounting to summary execution.
According to al-Haq’s investigation into the incident, al-Haq has learned through affidavits that the Israeli Occupying Forces have an undercover unit working with them in the area of Al-Aksa. Kamel Amer Idkadek, 21, indicated in an affidavit this past Friday that just before ‘evening’ prayer he was approached and shot by what he thought were fellow Muslims coming for prayer. Kamel indicated that he and other youths were preparing for prayer by washing themselves when a group of masked men wearing all black with Islamic writing on there hoods greeted them with typical evening Arabic pleasantries. As Kamel turned to respond, one of the masked men shot him in the thigh. As he lay bleeding, another man in the group told him not to shoot Kamel again with a live bullet but to use a rubber coated bullet. The masked man then shot Kamel again, the second time with a rubber bullet. Eyewitness accounts indicate that there were only 100 persons there for prayer in a very calm atmosphere with not a single person throwing rocks. Even so, this undercover unit approached the small group of youths preparing for prayer backed by a heavy showing of Israeli soldiers. Several witnesses also indicated to al-Haq that the event occurred past 5 p.m. when demonstrations and the atmosphere of the Friday morning prayer had long finished. Members of the medical staff at Al-Aksa also reported that the assailants attacked them.
Earlier, on the same Friday that Kamel Amer Idkadek was shot, similar undercover units killed Majdi Samir Masslamani, 15, from Beit Hanina village. Eyewitness indicated that Majdi was also shot by an undercover unit disguised as Muslim coming to pray. After being shot, Majdi was seen alive and being handcuffed by the undercover unit. It was only later that Majdi was discovered killed. While still alive, bullets where fired at the ambulance that was attempting to rescue Majdi.
The summary execution of Majdi Masslamani and the intentional shooting of Kamel Idkadek is typical work of the special units. There purpose is to assassinate ‘wanted’ or armed Palestinians without attempting to arrest them or bring them to justice in accordance with the law. Al-haq is convinced, particularly as a result of general reports concerning instructions issued to the special units that there has been a recent escalation in the activity of these units as they have begun shooting unarmed civilians. The danger of using undercover units is multiplied when Israel already deploys a large number of police and other security in the same area. In the past they have been shot and killed by other Israeli Occupying entities.
Willful killing, used by the special units and the Israeli Occupying Forces against Protected Persons, is a grave breach of the Fourth Geneva Convention. The use of lethal, excessive and intentional force without advance warning, as occurred at Al-Aksa in the case of Majdi Masslamani, violates not only the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials but also the IDF Open Fire Regulations.
Al-Haq calls on the Israeli authorities to immediately disband the so-called Special Undercover Units, and to prosecute to the full extent of the law all military and security personnel who commit willful killing. Al-haq notes that Israel’s non recognition of the de jure applicability of the Fourth Geneva Convention to the Occupied Palestinian Territories is secondary to the fact that such extra-judicial execution is not only prohibited by customary law but by the dictates of public conscience.
Al-Haq calls upon the Israeli Occupying Forces to:
AL-HAQ, P.O. Box 1413, Ramallah, Palestine.
Tel: +972 2 295 4646, Fax: +972 2 295 4903,
E-mail haq@alhaq.org, Website: www.alhaq.org.
Al-Haq is deeply concerned over the seriously deteriorating situation in the Occupied Palestinian Territories and West Bank resulting from Israeli settlers' illegal, violent and unrestricted behavior. Al- Haq's concern is multiplied by the failure of the Israeli Occupational Forces to take any effective measures to put an end to settler practices.
Settlers are not hesitating to use lethal force; they have opened fire and caused injury by live ammunition to at least four persons resulting in the death of Fahed Mustafa Baker of Biddea village in the Nablus District. Fahed Mustafa Baker, 21, a student at Al-Najah University was shot in the head as a result of settler violence. After being shot, Israeli settlers would not allow an ambulance to enter the area to treat Fahed Baker and four other wounded Palestinians.
Similar settler attacks occurred last night in al-Jeeb village located in the Ramallah District. Settlers from Givat Zeev, located near al-Jeeb village burned down stores and cars. Some of this activity occurred on Nablus Road leading from Ramallah to Jerusalem. Most of the attacks by settlers throughout the region occurred in the evening and late night.
In Jerusalem, settlers attacked the neighborhoods of Waldi Al-Jozz and Mussrara and Street #1. These unlawful activities are organized, pre-planned, and directed by the settler movement, which have been outspoken about its intent to continue its escalation of violent and hostile activity, including murder. . Destruction and vandalism by settlers of Palestinian property in all areas of the West Bank and Occupied Territories are taking place in an almost unrestricted fashion. This includes the burning and vandalism of homes, the burning and smashing of cars, and the burning and uprooting of dozens of trees and other personal property.
Based on the above, al-Haq warns of more serious dangers to come if such practices as described above continue, and if the Israeli authorities continue to fail in taking serious measure to put a stop to these practices. Al-Haq calls the attention of the international community to the increasing lawlessness of the situation endured by Palestinians in the Occupied Territories. Palestinians are living in a constant state of terror, as a result of the failure of the Occupying Power to provide necessary protection in accordance with its legal commitments under international law.
In light of ongoing settler violence, and the continuing failure of the Occupying Israeli Forces to ensure the safety and security of Palestinians in the Occupied territories, al-Haq calls on the international community, and in particular, on the High Contracting Parties to the Fourth Geneva Convention, to provide and/or guarantee immediate protection to these Palestinians. Serious and urgent pressure must be brought to hear upon the Israeli authorities to take effective steps to assure the safety of Palestinians.
Israeli settlers always armed and more than willing to use those arms freely roam the Occupied territories. Israeli army instructions on the use of lethal force by settlers, if they exist, are inadequate, and do not constitute any real attempt to hold back settler excesses. Furthermore, sentences passed on settlers convicted of improper use of firearms are ridiculously light, and do not constitute an effective deterrent to the illegal use of lethal force. Many settlers, convicted and sentenced of murder in the past, have been pardoned and are now living in settlements.
According to international law, the Israeli Occupying Forces are responsible for the maintenance of security and public order in the areas under their jurisdiction. In practice, however, 'security' for Israelis, including that of illegal settlers, has been a prime concern, while security for Palestinians is nearly non-existent.
Local and international human rights organizations, the UN, and governments have often appealed to Israel to act in accordance with its obligations under international law, particularly under humanitarian law protecting the lives and well being of the civilians under its occupation, notably, the Fourth Geneva Convention of 1949. Many UN Security Council resolutions have gone unheeded by Israel, and the international community has not taken any effective measures to implement those resolutions.
Al-Haq believes that measures to prevent further confrontation and bloodshed must take the above factors into consideration. Unless fundamental solutions are found to the endemic problems that inevitably result in human rights violations and tragedies.
Severe restrictions must be placed on activities and behavior of Israeli settlers in the Occupied Palestinian territories, including removal of weapons. Immediate and effective measures to contain settler violence must be taken. Moreover, measures must be immediately instituted designed to reduce contact and friction between Palestinians and settlers, pending the removal of illegal settlements from the West Bank and Occupied Territories in conformity with international law.
AL-HAQ, P.O. Box 1413, Ramallah, Palestine.
Tel: +972 2 295 4646, Fax: +972 2 295 4903,
E-mail haq@alhaq.org, Website: www.alhaq.org.
**PLEASE NOTE: FOR UPDATED STATISTICS REGARDING THE ONGOING ATTACK, WITH PARTICULAR FOCUS ON THE SITUATION OF PALESTINIAN CHILDREN, SEE www.dci-pal.org/clashes.htm**
The ongoing series of attacks against Palestinian civilians escalated yesterday as Israeli soldiers and settlers rampaged throughout the West Bank and Gaza Strip, attacking Palestinian civilians, destroying property, and randomly opening fire. In the Gaza Strip, Israeli military forces demolished 2 residential buildings, leaving more than 240 Palestinian children without homes. As confrontations continue at the northern entrance of Al-Bireh, most residents of the Belu'a and Jebel Al-Taweel neighborhoods have fled after having been warned to do so by the Israeli army. Similar warnings were issued to inhabitants of the Old City of Hebron and in Rafah, in the Gaza Strip. Last night, Israeli settlers, under the protection of the Israeli army attacked Palestinian cities and private property throughout the Occupied Palestinian Territory, both in residential areas and at crossroads between Palestinian towns. In the Qalqilyeh region, over 8 villages were attacked, including Kufr Haris, Salfit, Deir 'Istiya, Al-Funduq, Jeet, 'Azzoun, Masha, and Huwarra. In the latter of which, Israeli settlers kidnapped 2 Palestinian civilians and burned the homes of Huwarra residents. In nearby Bidiya, 22 year old, Fahed Mustafa Baker died after having been shot in the head by Israeli settlers. Another Palestinian civilian from Al-Funduq village remains in critical condition after being attacked by settlers with a wooden plank studded with nails.
Since clashes erupted over one week ago, 21 Palestinian children have been killed by Israeli military forces, including 18 year old, 'Alaa Nassar, from 'Arrabeh, in the Upper Galilee. According to his brother, 28 year old, Ja'afer Nassar, on 2 October, 'Alaa was returning home with 2 friends after having attended a demonstration in solidarity with Palestinians living in the Occupied Territories. While walking home, a vehicle approached with 3 Israeli soldiers inside. The soldiers called to the boys and when the group turned towards the vehicle, a soldier shot 'Alaa in the chest from less than 10 meters away. An ambulance was called immediately, but was unable to transport 'Alaa to the medical center in time to save him. He was declared dead upon arriving at Al-Hayat Medical Center. 'Alaa's murder came after that of his friend, 17 year old, 'Aseel 'Assalih, martyred on the same day. Statistics available to DCI/PS indicate that over 1,000 Palestinian children have been injured as a result of the ongoing and severe Israeli attack. According to DCI/PS fieldwork, no less than 48 children were injured in confrontations on 6 October, and 52 on 7 October.
The ongoing attack on Palestinian civilians, in particular, the random and violent acts of illegal Israeli settlers, clearly demonstrates the disastrous effects of the international community's failure to insist that Israel abide by international humanitarian and human rights law. Article 49 of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War explicitly states that the "Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies." Irrespective of this, since 1967, the Israeli government has facilitated the transfer of approximately 366,000 Israeli civilians into the Occupied Palestinian Territories, including Jerusalem, in clear violation of the Convention, and in defiance of the international community. Article 1, of the aforementioned Convention, requires all States Parties to "undertake respect and to ensure respect for the present Convention in all circumstances." To date, the international community has unilaterally failed to ensure Israel's respect for the convention by allowing it to continue its blatant violations of the Convention.
As such, DCI/PS calls for the following: