Is it a hobby for the Israeli soldiers and settlers to cripple innocent Palestinian children by making them go blind? Do Israeli military commanders make it a policy to serious maim, traumatize and if possible kill off the young generation of Palestinians seeking the legitimate rights of freedom, independence, and state?
The Israeli occupation forces have been targeting and firing at unarmed Palestinians and innocent children for the past nineteen days. The bull's-eye is the Palestinian eye. Hospital documentation and field research has confirmed that the Israeli forces fire live ammunition and rubber-coated metal bullets at close range with the sole intention to maim or kill. This has been a daily practice for the Israeli occupation soldiers in Palestine and there are hundreds of witnesses, numerous victims, and critically wounded people to prove it.
The Israeli occupation forces have used disproportionate and fatal force to confront the Palestinians demonstrators. In just 19 days, from September 29, to October 16, 2000, 95 people have been killed, 29 of them were children. According to information collected by Defense For Children International-Palestine, as of October 14, 2000, at least 1,148 of the 4,044 injured are children. 132 of these children were shot in the head, 20 shot in the eye, three of whom have lost their eyes completely.
What kind of threat did Ala Badran, 12, from occupied Jerusalem, constitute for Israel? Ala was shot in the eye with a rubber-coated metal bullet, which also broke his cheekbone and nose. Ala told LAW's field researcher, "I was on my way to my uncle's house in Kalandia; the house is near Jerusalem airport. As I left my uncle's car, near his home, an Israeli soldier pointed his gun at me. he was only across the street. He fired at me and his bullet hit my eye. My face and eye started bleeding. My mother took me to Ramallah Hospital then to Saint John's Ophthalmic Hospital in Jerusalem; I lost my eye forever."
Ala has lost his eye, and will need further medical care. His father is too ill to work, his mother is unemployed, and his uncles provide the sole support for the family.
Seven eyes have been removed form the faces of seven Palestinian children at Saint John's Hospital. The hospital has treated a total of 22 eye injury cases. Ziyad Farah, 20, from Bethlehem, was shot in the eye with a rubber-coated metal bullet. The bullet entered the eye, and shattered the bones around it. According to the hospital staff, eye injuries include severe internal bleeding, damaged eye tissues, and damaged pupils.
On October 11, 2000, El Mizan Diagnostic Hospital
in Hebron reported treating 11 Palestinians for eye injuries, including 3 children.
El Nasir Ophthalmic Hospital, in Gaza has treated 16 people for eye injuries,
including 13 children. Nine of them lost one of their eyes.
LAW PO Box 20873
Jerusalem Tel: 00 972 2 583 3428/3298/3537/3530/3430
Fax: 00 972 2 583 3317
Email: law@lawsociety.org Website: http://www.lawsociety.org
The UPMRC protests the continued attacks on medical teams assisting the injured at scenes of clashes. Yesterday, a UPMRC physician Dr. Munadel Hamdan was hit with a metal bullet in Nablus while attending to the injured.
To date, seven UPMRC medical personnel have been injured by Israeli bullets while trying to help the wounded at clashes throughout the West Bank and Gaza Strip.
The UPMRC asks the international community to join us in condemning these attacks on medical staff by Israeli forces.
To view all of the UPMRC's Emergency Appeals and updates regarding the Israeli army's use of force against Palestinians over the past three weeks, visit the UPMRC website at http://www.upmrc.org. For further information please contact Dr. Mustafa Barghouthi at 050-254218 or the UPMRC office at 02-583-3510/ 02-583-4021.
The Union of Palestinian Medical Relief Committees
P.O. Box 51483
Jerusalem
Tel: +972-2-583-3510 Fax: +972-2-583-0679
E-mail: mrs@baraka.org
Website: http://www.upmrc.org
On October 21, 2000 an Arab summit will be convened in Cairo to discuss the grave situation in occupied Palestine. Before this summit Hanthala Palestine conveys the Arab states participating in this summit the following message:
In general, the rights set out in the International Bill of Human Rights (Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and International Covenant on Civil and Political Rights) apply equally to citizens and refugees. This includes the freedom of opinion and expression (art. 19 UDHR, ICCPR); the freedom of movement (art. 13 UDHR, art. 12 ICCPR), the freedom from torture and degrading treatment (art. 5 UDHR, art. 7 ICCPR), and the protection against arbitrary detention (art. 9 UDHR, ICCPR).
To the Arab summit we convey the following message:
Hanthala Palestine demands that the Arab governments lift all current restrictions of the freedom of expression of their respective citizens and put "down the fences" that are dividing the Palestinian people and their brothers and sisters in the surrounding countries.
Additionally, Hanthala Palestine requests them to sever ties with Israel, including both economic and diplomatic relations until Israel completely withdraws from all territories it occupied in 1967, dismantles all settlements, and allows the Palestinian refugees to return home in accordance to international (humanitarian) law and fundamental human rights.
Hanthala Palestine is a global Palestinian network dedicated to international law and respect for human rights http://hanthala.virtualave.net hanthala@usa.net
Human Rights Commission 5th Special Session
Oral statement
On the basis of the findings of a mission it organised to Israel and the Occupied Palestinian Territories from 4-8 October, 2000, (jointly with the Euro-Mediterranean Human Rights Network (EMHRN) and the International Committee of Jurists (ICJ)-Sweden) the International Federation of Human Rights (FIDH) strongly calls upon the Commission on Human Rights to react to the violations of human rights and humanitarian law in this area.
The members of the mission were mandated to evaluate the current crisis and the parties' handling of the situation in the light of international human rights standards. In carrying this out they liaised closely with local EMHRN and FIDH members, together with other human rights and humanitarian organisations working throughout the affected areas of Northern Israel, East Jerusalem, the West Bank and the Gaza Strip.
The mission spoke to victims and families of people who died in violent clashes, together with eye witnesses who were able to provide first hand information about particular incidents. Site visits were also carried out to places of conflict. It conducted meetings with the local authorities, members of the medical services and management of the Red Crescent in addition to NGOs and political representatives.
The mission found evidence of widespread and sustained abuses of human rights combined with a failure to adhere to international humanitarian law, in particular the Fourth Geneva Convention.
Excessive and Indiscriminate Use of Force
In response to both peaceful and violent demonstrations by Palestinians
both within the Occupied Territories and Israel, Israeli Forces (IDF,
police and border patrols) have used excessive force disproportionate
to
the threat faced. Although there has been some limited use of firearms
by Palestinians most violence has taken the form of stone throwing and
(to a much lesser extent) the use of 'Molotov cocktails'.
From a very early stage in the conflict Israeli authorities resorted to using a range of firearms and heavy weapons, including, according to medical expertise, dum-dum and explosive bullets, which have resulted in widespread death and injuries amongst the Palestinians. Such use has been wholly out of proportion to the threat faced as reflected in the casualty figures provided by the medical services and human rights organisations.
Peaceful protesters have been attacked whilst lying on the ground after being overpowered by Israeli security forces. In one case in Arrabe, Northern Israel, execution of an unarmed protester by a single shot to the neck after being pursued and overpowered by two security personnel has been reported.
Lethal Use of Force Often Targeting Innocent Civilians and Children Private houses and civilians have been attacked indiscriminately particularly at night, despite the fact that no demonstrations have been noted taking place within the vicinity. The increasing involvement of settlers in such attacks also gives cause for concern.
The majority of Palestinian casualties have received injuries to the upper part of their body with the apparent intention of inflicting the maximum harm. Several of these cases involve children.
Indeed, the number of children casualties is disturbingly high (22 killed by 10 October). There appears to be no attempt to distinguish between them and adults.
Attacks on and Intimidation of Medical Personnel
Despite ambulances being clearly marked in accordance with
international
conventions they have been repeatedly targeted with live ammunition
with
resulting loss of life and injuries to medical personnel.
Impunity and Lack of Due Process
To date not a single case has been reported of any Israeli security
personnel or civilians engaged in the lethal use of force against
Palestinian civilians being held responsible. This impunity of Israeli
forces is in sharp contrast to the judicial and administrative actions
taken against Palestinians held in Israeli custody after having been
arrested during the current crisis. Lack of access to lawyers and a
failure by the courts to assess the evidence adequately raises doubts
about the fairness of trials and the independence of the judiciary.
Recommandations
Thus, the FIDH strongly urges
American Muslim Council
The Real Victims
Ad Campaign Launched to Counteract U.S. Media's
Unbalanced Reporting on Palestine
(WASHINGTON D.C., October 19)--The American Muslim Council, in collaboration with the Arab American Institute (AAI), the American Arab Anti-Discrimination Committee (ADC), and the Council on American Islamic Relations (CAIR), have launched an ad campaign in 5 major national newspapers in an attempt to counteract the "campaign of disinformation" that has been carried out by the U.S. media in regard to the current situation in Palestine.
Over the past three weeks, Israel has been involved in a ghastly reign of terror in which 100 Palestinian civilians have been killed and over 3,000 wounded. Over 20 of the dead are children ranging in age from 18 months to 18 years, while hundreds more have been seriously injured.
Despite the obvious excessive aggression perpetrated against the Palestinians by Israeli Defense Forces (IDF), United Nations Security Council (UNSC) disapproval of Israel via a U.N.S.C. Resolution passed calling for an international investigation of Israel, and condemnation of Israel by international human rights organizations such as Amnesty International, our media has continued a partisan and biased approach in reporting on the current situation.
The ad, put out by the four major national Muslim and Arab organizations, who make up the National Task Force for Justice, features the other side of the story. It reports on the use of Israeli helicopter gunships, live ammunition and assault teams against the Palestinian civilian population.
We have all seen the horrific scene, caught on film, of Muhamad Al-Duraa as he cowered behind his father while Israeli forces fired at them for 45 minutes ultimately killing the twelve year old boy. Despite the continuous and undeniable atrocities being committed by Israel on the Palestinian people, our media is still involved in a pointed campaign of blaming the Palestinian victims and sympathizing with the Israeli aggressors.
Newspapers and dates featuring the ad:
Washington Post: Thursday, October 19th and Friday October 20th
New York Times: Thursday, October 19th and Friday October 20th
USA Today: Thursday, October 19th
Los Angeles Times: Thursday, October 19th
Detroit Free Press: Thursday, October 19th
THE AMERICAN MUSLIM COUNCIL
1212 NEW YORK AVENUE, NW, SUITE 400
WASHINGTON, DC 20005
PHONE : (202) 789-2262
FAX : (202) 789-2550
E-MAIL : amc@amconline.org
FOR FURTHER INFORMATION
CONTACT:
Neveen Salem, Communications Director
202-789-2262, media@amconline.org
Special Rapporteur to UN COMMISSION ON HUMAN RIGHTS
LETTER DATED 3 OCTOBER 2000 FROM THE PERMANENT REPRESENTATIVE OF ALGERIA TO THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS
Mission report on Israel’s violations of human rights in the Palestinian territories occupied since 1967, submitted by Mr. Giorgio Giacomelli, Special Rapporteur
Introduction
1. In response to the recent developments and the acute situation in the occupied Palestinian territories, the Special Rapporteur undertook a mission to the region to ascertain the prevailing human rights conditions. The Commission’s subsequent decision to convene the current special session provides the occasion for the Special Rapporteur to bring his findings to the Commission’s attention as a reference for its deliberations.
2. The recent mission to the occupied Palestinian territories (OPT) from 11 to 15 October 2000, enabled the Special Rapporteur to consult with a wide range of interlocutors in connection with his mandate. This included meetings in the West Bank, the Gaza Strip and Jerusalem with Palestinian and Israeli NGOs, international organizations on the ground, grassroots and community organizations, human rights monitors, Palestinian Authority representatives, medical professionals and individuals wounded in the recent confrontations. He gathered oral testimony and documentary information, as well as published materials from additional sources. The Special Rapporteur notes with regret that again he was denied the opportunity to consult official Israeli interlocutors, owing to Israel’s continuing rejection of the mandate and its refusal to cooperate with the Special Rapporteur.
3. In compliance with the mandate, as formulated by the Commission on Human Rights, this report addresses the subject of military occupation, and actions and omissions of the occupying Power during the unfolding events of late September 2000 until today, 17 October 2000.
4. While concentrating his attention on the terms of reference contained in the mandate, the Special Rapporteur feels he would be remiss in his obligation as a mechanism of the Commission on Human Rights if he were not to draw the attention of the Commission to the fact that, in the very area covered by the mandate and in areas geographically and substantively peripheral to it, other serious violations are being perpetrated. It would be for the Commission to decide how best to address these matters in the interest of faithfully and comprehensively upholding human rights norms.
5. In general, the full range of human rights violations reported in the Special Rapporteur’s previous report, to the Commission at its fifty-sixth session (E/CN.4/2000/25), remain constant. However, a number of violations from that spectrum have shown a dramatic upsurge since late September 2000. The Special Rapporteur brings these particular areas to the Commission’s attention. He expects to present his regular, comprehensive report to the Commission at its fifty-seventh session, in 2001.
The human rights framework
6. Under the Charter of the United Nations a State Member of the United Nations is obligated to “respect and promote human rights”. Additionally, Israel was bound upon its establishment by the terms of General Assembly “partition of Palestine” resolution 181 (II), which states in Part I, chapter 2, paragraph 3: “All persons within the jurisdiction of the [Arab or Jewish] State shall be entitled to equal protection of the law”. As the occupying Power in the West Bank, the Gaza Strip and Jerusalem, Israel bears de jure responsibility for implementing the applicable humanitarian law norms. In the occupied Palestinian territories, Israel bears the responsibilities of the occupying Power, as the Commission on Human Rights recognized in its resolution 1993/2. As the treaty bodies have subsequently reaffirmed, these Israeli jurisdictional obligations remain applicable to date (see CERD/C/304/Add.45 and E/C.12/1/Add.27).
7. Therefore, international humanitarian law obligations apply to this review of Israel’s role in the occupied Palestinian territories, including the Hague Regulations and the Geneva Conventions of 1949, in particular the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. In addition, as ratifying Party to the six principal human rights treaties, Israel’s covenanted human rights obligations apply, as well as those arising from customary law and general principles of international law. The norms of both customary and treaty law, as well as the relevant resolutions of the United Nations form the legal framework for the concerns raised in this report.
8. It should be noted that the data collected here on specific violations are neither exhaustive nor reflect perfect uniformity among all sources. The Special Rapporteur has sought corroboration of the information in order to establish reasonable certainty of the facts presented to the Commission. Nonetheless, the Special Rapporteur’s report here reflects the scale and proportions of the violations committed over the period under review.
Principal concerns regarding human rights
Right to life
9. The occupying Power has dramatically escalated the use of lethal force against the civilian population, ostensibly in response to demonstrations beginning in Jerusalem and spreading throughout the West Bank and Gaza Strip. Occupation forces appear to have indiscriminately used excessive force in cases where there was no imminent threat to their lives. Whether in cases of Israel Defence Forces (IDF) or Israeli police actions, deadly force is used without warning, and without employing deterrence or gradual measures consistent with the minimum standards and methods of crowd control or management of civil unrest. These fundamental human rights and humanitarian norms of necessity and proportionality have been breached in most reported cases of confrontation between Palestinian civilians and Israeli forces.
10. While the various sources consulted may differ to some degree on details, all concur that, since 28 September, Israeli forces have killed at least 85 Palestinians in the occupied Palestinian territories in this way, of whom more than 20 were children (under the age of 18), including small children, as well as two infants, 5 and 6 months old. Israeli settlers in the West Bank are responsible for at least five of these Palestinian deaths over the past 18 days. In some sense the scale of this violation is unprecedented. It is worthy of note that the number of deaths caused by Israeli forces so far approximate the number killed in the first four months of the intifada, in 1987/1988.
11. Depending on the criteria applied by the different sources with regard to the nature and gravity of wounds, various reports estimate between 2,000 and 3,700 Palestinians injured by Israeli occupation forces. Of these, some 40 per cent are under 18 years of age. The total injuries are roughly categorized as resulting from shooting to the head (40 per cent), the chest (20 per cent), abdomen (20 per cent), extremities and back (20 per cent). Reportedly, at least half of the injuries resulted from Israeli forces using live ammunition, with the remaining injuries due to rubber-coated metal bullets and tear gas (around 10 per cent).
12. In different degrees, these casualties are widely distributed across the occupied Palestinian territories. Approximately, two thirds are found throughout the West Bank and Jerusalem, with the remaining third in the Gaza Strip.
13. Officially verifiable figures for the total number of Israeli casualties were not available. However, Israeli occupying forces, including settlers, to date have been reported to have suffered seven deaths.
Means of force used
14. The Israeli forces have used a variety of methods, including shooting with lethal weapons. In addition to using rubber-coated metal bullets, which at close range have proved lethal, troops have fired rifles and machine guns, deployed tanks, fired rockets and anti-tank missiles, and have employed and fired from helicopter gunships and naval vessels.
15. Many of the casualties are reportedly the result of long-distance shooting by snipers. The Special Rapporteur took eyewitness and victim testimony of the use of this tactic against civilians, some of whom were far from, and uninvolved in, civil demonstrations.
16. It is worth noting that the confrontations with and manoeuvre of IDF forces, in some cases, have disregarded the lines of territorial division agreed upon. This has created some confusion as to the role of the Palestinian civil police, who are meant both to maintain order and to protect the Palestinian population. This is a situation that remains of deep concern and should be the subject of careful study and remedial efforts.
17. Local observers have reported concern over the apparent re-emergence of IDF special undercover units to conduct operations similar to those carried out during the intifada (1987- ca. 1993). At present, the Israeli settler population has emerged as an increasingly obvious source of paramilitary activity, particularly, as local observers have noted, since this year’s Paris summit. For instance, settlers have opened fire on local Palestinian neighbourhoods in Jerusalem and in West Bank villages, as noted in shooting incidents reported at Bidya and Za’tara village (near Nablus) and in neighbourhoods adjacent to Pesugot settlement (Jabal Tawil/al-Bireh), which resulted in injuries and one death. Numerous reports indicate that Israeli occupation forces have not acted to deter such paramilitary activities.
18. The situation has become more complex and multifaceted as some new actors, such as the paramilitary settlers, have entered the scene and some Palestinians bearing arms have appeared in the protests. These new factors, within a context of escalating violence, form a particularly alarming development that calls for urgent attention.
19. The emergence of particularly odious and brutal attacks, such as the death by torture of a young Palestinian from Imm Safa village (West Bank, Area C), or mob attacks, as in the case of the 12 October Ramallah killings, give ominous warning as to the new forms of violence that could spin out of control if not properly addressed and remedied.
Right to health
20. In addition to the obvious consequences for the right to health that arise from the use of lethal weapons against civilians, medical professionals have also become targets of IDF gunfire. Israeli forces have obstructed, beaten and/or shot a number of emergency medical personnel on duty. This has led to the denial of emergency medical aid to victims and to the wounding of medical personnel, as well as the death of one ambulance driver, Bassam Bilbaisi.
21. The level and number of casualties have strained local medical services beyond capacity, requiring the transfer of severely injured victims to hospitals in neighbouring countries. The casualties and the Israeli-imposed closure of the occupied Palestinian territories have created a shortage of medical supplies and strained the capacity of medical services. The impossibility of replenishing stocks and the denial of access to needed treatment in neighbouring countries due to closure of the occupied territories have deepened the medical-care crisis at a time of increased need.
Freedom of movement
22. While the right to freedom of movement has been the subject of violations on a sustained basis, particularly since the beginning of the interim period, Israel’s current closure of the occupied territories is characterized also by the sealing off of Palestinian populated areas. This has prevented the free movement of people and material into and out of these areas, and has created shortages and a sense of isolation. The besieging of several Palestinian communities has resulted in further fragmentation of the territory and society as a whole and is having a negative impact on the already fragile Palestinian economy. Furthermore, such an acute situation already has consequences for access to education, medical care and livelihood, in addition to lowering morale and contributing to an overall sense of confinement.
23. The day before the Jewish holiday of Yom Kippur, the Israeli authorities closed the occupied Palestinian territories, after which they cancelled all permits for Palestinian workers, prohibiting them access to their jobs in Israel. Subsequently, the Israeli authorities cancelled grade 2 and 3 permits for Palestinians, denying freedom of movement to businessmen and other professionals.
Economic, social and cultural rights
24. Other economic losses include those resulting from the demolition of physical structures, including homes and apartments, as in the case of 40 apartments at Netzarim Junction, the damaging and burning of vehicles, including ambulances, and vandalism of homes. These acts have been carried out by both Israeli soldiers and settlers. Physical damage by the IDF ranges
from random gunfire at water tanks on the roofs of homes to the shelling of the municipality building at Beit Lahia, in the Gaza Strip and the shelling of the electrical plant in Ramallah, West Bank.
25. The massacre carried out in the Haram al-Sharif perhaps most dramatically exemplifies the violation of a religious site. Other sites that have been militarized, such as Joseph’s Tomb, in Nablus, and Rachel’s Tomb, in Bethlehem, have been the site of violent conflict, resulting in destruction and/or effective denial of the right to worship. Other incidents include the attempted burning of the church in Beit Hanina (Jerusalem) in a night raid by settlers last week and the vandalization of a synagogue at Jericho on 13 October. These incidents, beyond the violation of the right to religious statement, stand out as particularly offensive and pose the danger of exacerbating one of the most sensitive dimensions of the conflict.
Collective punishment
26. The closure and isolation of communities has been recognized as a type of collective punishment that contravenes the Fourth Geneva Convention, as does the demolition of homes and destruction of public property and facilities. Preventing workers from having access to their source of livelihood also stands as a violation of this humanitarian law principle. These acts not only result in the loss of livelihood arising from denial of the right to work, but also in the loss of public goods and services from the destruction of municipal facilities and public utilities, as noted above.
Vulnerable groups
27. In addition to those directly affected by the use of force, particular segments of the Palestinian population deserve special attention because of their vulnerability. Children in general constitute a particularly vulnerable category as they are the least equipped to cope with the psychological and other pressures of the situation and are thus often in particular need of medical attention. They may also suffer from trauma and unrest within the family. Women suffer disproportionately as a vulnerable social group and particularly as mothers coping with their role as guardians of the family and suppliers of their children’s needs.
28. A category of people that have become especially vulnerable in the light of recent events are Palestinians living near settlements and in areas where the Palestinian Authority does not have a presence, such as small, isolated farmers and Bedouins. It is worth noting that, owing to their great number and the poor living conditions in the camps, Palestinian refugees are most affected by negative economic pressures and political unrest, and are central to any development of the situation.
Local perceptions
29. In general, respondents identified one of the main causes of the recent Palestinian protests as accumulated frustration at the perceived shortcomings of the Oslo process, both as to content and implementation, and notably its failure to uphold human rights and humanitarian norms. Both the local Palestinian and Israeli interlocutors consulted emphasized to the Special Rapporteur that none of the concerned parties could possibly not be cognizant of the danger inherent in this failure: the people in the street, Israeli intelligence, the Commission on Human Rights, the various treaty bodies, the General Assembly, the Special Rapporteur, the Palestinian Authority. They lamented that, in spite of that, no corrective action had been taken.
30. Under the circumstances, all the local parties reiterated their disappointment at the international community’s apparent lack of will to take substantive measures to uphold the rights of Palestinians. Moreover, they uniformly deplored the double standard that has applied to the occupied Palestinian territories of tolerating or facilitating the Israeli occupation authorities’ unbroken pattern of violations. In particular, they point out the contradiction between the standards established by the United Nations and the simultaneous ineffectiveness of the United Nations in upholding its own principles. A number of common demands were forcefully put forward by practically all interlocutors for the following needed corrective action:
The de jure implementation of applicable humanitarian law and human rights standards, including the Fourth Geneva Convention of 1949 and the principal human rights treaties;
The prompt formation and dispatch of a commission of inquiry with competence to establish responsibility for violations committed by the occupying Power. A number of interlocutors recommended measures comparable to those taken in the case of East Timor;
Any peace agreement should be subject to the scrutiny and guarantee of a competent body empowered to review its consistency with human rights and humanitarian law, including United Nations resolutions on Palestine (for example, General Assembly resolution 194 (III) with respect to repatriation and compensation);
The International Committee of the Red Cross should urgently increase its presence as a measure of physical protection;
International observers and/or an interposition force should be established to ensure the physical protection of the population of the occupied territories;
The relevant thematic special rapporteurs should give special attention to the occupied Palestinian territories.
31. The grievances expressed were not devoid of a certain positive underpinning. Respondents also conveyed the hope that the losses arising from these tragic events would not have been incurred in vain. Rather they expressed the hope that a correct reading of the meaning of recent events would inspire the establishment of a fairer process capable of leading to a durable peace.
Conclusions and recommendations
32. Quite apart from any debate over the particular spark that ignited the unrest and confrontation, the Special Rapporteur remains convinced that the current conflict has its roots in accumulated grievances and resentment at the continuing violations of human rights and humanitarian norms under Israeli occupation.
33. The Special Rapporteur is particularly concerned that any progress at confidence building that had been made may be irretrievably lost, as augured by the rapid polarization that is taking place on both sides and at all levels of Palestinian and Israeli society. This signals the urgent need for the adoption of measures towards restoring confidence and rekindling hope in the peace process. One indispensable ingredient for achieving that is the establishment of a human rights framework.
34. As pointed out in the Special Rapporteur’s previous report to the Commission, this prerequisite is the sine qua non of any meaningful and durable peace. In addition to their cogency, these norms, once genuinely accepted, would alone allow the sense of confidence and security that would make possible the acceptance of the indispensable and painful compromises necessary.
35. With this in mind, the Special Rapporteur offers the following recommendations for urgent action:
That the occupying Power immediately issue orders to all its forces, civilian or military, consistent with international humanitarian norms;
That those orders be rigorously implemented and that the appropriate training be provided when required;
That a permanent mechanism be established to ensure that the orders are followed and, when they are not, to determine accountability, assign punishment and redress violations;
That, to ensure the credibility of the peace process, an Ombudsman-type mechanism be established to process complaints, building on the experience of similar measures adopted in other conflict situations;
That an observer and/or guarantor body be established that, by its very presence and neutrality, would serve to build up a sense of security and confidence on both sides;
The Special Rapporteur supports the idea of establishing a mechanism for a speedy and objective inquiry into the ongoing crisis, the importance of which was stressed by the Security Council in its resolution 1322 (2000).
36. Adopting these measures would meet the most immediate needs and might afford all the parties a way out of the current impasse. However, they should not supplant the broader task that lies ahead, which involves relaunching a peace process that would include the appropriate human rights framework.