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Human Rights Watch

Israel: End "Liquidations" of Palestinian Suspects

Human Rights Watch today urged Prime Minister Ehud Barak to halt Israel's policy of "liquidation" of Palestinians suspected of attacks on Israeli security forces and civilians. At least nine Palestinian suspects and six bystanders have been killed in questionable circumstances since early November, when Israel first officially acknowledged the targeted "liquidation" of a suspected Palestinian militant.

"This is in essence a policy of killing without public accountability," said Hanny Megally, executive director of Human Rights Watch's Middle East and North Africa division. "The Prime Minister of Israel is effectively acting as prosecutor, judge, and jury, in a secret process where the death sentence can't be appealed."

Israeli officials have argued that the individuals designated for "liquidation" are legitimate military targets, but have not made public any evidence to substantiate this claim. Decisions to kill particular individuals have not been subject to any transparent civilian or military review, raising concerns that civilians may be among those being targeted for death.

In a letter sent today, Human Rights Watch expressed concern that in several cases the killings took place in areas under Israeli control, where it may have been possible to arrest suspects. In at least one case where Israel claims its forces did attempt to arrest a suspect, he was gunned down in suspicious circumstances.

"Israel has previously disregarded essential safeguards against summary executions," Megally said. "This policy fosters a climate in which Israeli security forces may resort to lethal force in cases where non-lethal means of apprehending suspects are readily available."

Human Rights Watch also called on Prime Minister Barak to order a full review of the policy to ensure that no civilians have been deliberately targeted. The organization urged the government to establish a commission of inquiry to whether it would have been possible to incapacitate those killed by non-lethal means, and whether steps were taken to minimize injury to civilians and civilian property. Those responsible for wrongdoing should be brought to justice or disciplined, and the victims compensated.

Text of the letter sent to Prime Minister Barak can be found at http://www.hrw.org/press/2001/01/isrlet012901.htm

For more information, please see:

Israel/Palestinian Authority: Abuses During Violent Clashes (HRW Focus Page, last updated 1/29/01) at http://www.hrw.org/campaigns/israel/

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Al Mezan

The belligerent Israeli Occupation Forces kill a Palestinian civilian and kidnap another

The belligerent Israeli Occupation Forces continue their aggression against the Palestinian civilians. In this context, yesterday, 29/1/2001 these forces opened fire on Palestinian civilains near at-Tufah junction, Khan Younis. As a result, Mohammad Nafiz Abu Mousa, a 20-year old resident of Khan Younis, was killed after being shot in the heart. These forces also kidnapped yesterday Nasr Masoud Ayad, a 33- year old resident of Gaza City. Israeli soldiers stopped his car at al-Shuhada’ junction, Nitsareem, south of Gaza, as well arresting him they abducted his car. Then they took him to the Israeli settlement of Nitsareem.

Before yesterday, 28/11/2001 at 10:00 p.m. (8:00 GMT), the belligerent Israeli Occupation Forces shelled a military Palestinian base (The National Security Forces-17) located by Salah ad-Deen road, opposite to the Pedagogical College. As a result, the soldier Khalid ash-Shinbary was severely injured. Ash-Shinbary is currently hospitalized in the Intensive Care Unit (I.C.U.) at Shifa hospital. In addition, the shelling lead to the combustion of a neighboring gas station owned by Khadhr Sabrah.

The belligerent Israeli Occupation Forces continued to bulldoze agricultural lands in Beit Lahia. 55 dunams planted with Guava and olive trees, vegetables, and strawberries were bulldozed. The land is owned by Nazeer Abdallah Muhanna. The bulldozed land will seemingly be used to build a new road that will connect two Israeli settlements located in the area, Dogeet and Elay Sinay. It is worth mentioning that 8 dunams, owned by Salman Abu Haleemah, were bulldozed in the same area last Saturday, 27/1/2001. During the same incident, these forces destroyed a house owned by Ibraheem al-Mughraby. During the same time, these forces bulldozed 10 dunams, owned by Arif Shamallakh, in Ash-Sheikh Ejleen, Gaza (near Nitsareem settlement). The land was planted with grapevines, and vegetables.

We, at AL-MEZAN Center for Human Rights, condemn the Israeli kidnapping of a palestinian civilians and regard a highly dangerous violation of civilian rights. We, therefore, request the International Community to immediately intervene providing protection for the Palestinian civilians and bringing the Israeli war-criminals before court.

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LAW Society

Attacking Paramedics

The Israeli army has killed Palestinian paramedics in the process of rescuing injured people and transporting them to hospital, despite the fact that their uniforms made their status more than clear to the soldiers only metres away. The following paramedics were murdered:

69 other Palestinian paramedics were wounded by gunshot in the course of their duty. On over a hundred reported occasions, ambulances have been delayed on roads leading to hospitals (such as Al Maqasid Hospital in East Jerusalem) by military checkpoints, as well as by settlers who often block roads. Israeli soldiers and settlers fired at 58 ambulances and bombed five with artillery shells. In 34 cases live ammunition was fired at ambulances; in 29 cases they were targeted by rubber-coated steel bullets; teargas was used in 13 cases; and stones in 13 others, according to the Palestinian Red Crescent and LAW Society’s documentation.

Assaulting Palestinian paramedics:

Dr. Mustafa Al Barghouthi, head of the Union of Medical Relief Committees, told LAW, “The Israeli occupation authorities assault us without the slightest remorse, and they intentionally hinder our work.”

Doctors for Human Rights stated in a report that Israeli soldiers and settlers have committed many human rights violations, including shooting at ambulances and doctors, as well as preventing doctors from reaching their places of work and preventing medicine from reaching Palestinian villages.

Cases monitored by LAW Society:

Kamil Idkaidik, a 26 year-old ambulance driver, told LAW, “I was on duty, in uniform, at Al Aqsa during clashes on 6 October 2000. When the clashes ended, Israeli soldiers and police disguised as Arabs, wearing masks and bandanas reading, “there is no God but Allah,” entered the yard of Al Aqsa and opened fire randomly. I was the first to get shot by them. They shot me three times in my left leg, and the storm of Israeli troops that poured into the area after that also shot me with rubber coated steel bullets in the left arm, the back, and the head. Finally some Palestinians rescued me.”

Attacking ambulances:

Closure and difficulties in medical services:

The closure imposed by the Israeli army has been known to kill or lead to deterioration in health. For instance, Israeli forces blocked the way of the ambulance carrying Najat Abdul Razik, 20, who was injured when her house collapsed during an Israeli bombing. Dr. Ahmad Bitawi told LAW that on 3 October 2000 he received an urgent call to go to Jericho hospital. When he arrived at the Jericho checkpoint in an ambulance, the Israeli soldiers stationed there forced him, after long delay, to take another, longer route. Dr. Jawher Sayigh told LAW that Israelis use all kinds of excuses to prevent medics from rescuing injured Palestinians.

Arresting the wounded:

Salem Jad Allah, 37, a paramedic from Anata, told LAW that on 21 December 2000 he was taking 29 year-old Nasir Awida to Ramallah hospital for treatment for his leg injury. The ambulance was stopped at a checkpoint near Jerusalem airport. The ambulance driver was then forced to drive to a nearby outpost, from where the injured man was taken into an Israeli ambulance after a two-hour delay.

Taking the wounded to Jordan:

Israeli forces stopped five ambulances taking seriously wounded Palestinians to Jordan including, according to Red Crescent sources, an ambulance carrying Mohammad Abu Zaid, who was in critical condition after being shot in the chest. The ambulance was later allowed to resume its journey.

Field hospitals:

Israeli soldiers broke into several field hospitals created for the large number of casualties. Dr. Jawher told LAW that the field hospitals help hospitals in dealing with light injuries and in diagnosis for fast treatment.

Shortage of medical supplies:

Dr. Jawher added, “We have a lot of trouble finding medical supplies.” Dr. Riyad Al Zanon, Palestinian Health Minister, reportedly stated that the Ministry needs ten million dollars’ worth of supplies.

The International Red Cross:

In a 21 November 2000 press release, the International Red Cross denounced the Israeli measures against Palestinians and Palestinian paramedics in the Palestinian territories. The organisation demanded the Israeli authorities to respect medics and allow free movement to ambulances and medical teams.

International law:

The above Israeli measures violate international law, especially Article 16 of the IV Geneva Convention, which states “The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect,” and Article 17, which states “The parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passages of the ministers of all religions, medical personnel and medical equipment on their way to such areas.” Article 18 states “Civilian hospitals organised to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attacks, but shall at all times be respected and protected by the Parties to the conflict.”

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Women’s Centre for Legal Aid and Counselling

He died before having found a title for his novel

Board members, staff and friends of the Women’s Centre for Legal Aid and Counselling (WCLAC) remember with affection a great friend, artist and ardent advocate for women's and children's rights, Abdel-Hamid el-Khurati. Abdel-Hamid, nicknamed Assaf by family and friends, was found dead in Gaza near the Netzarim junction on 7 January 2001, at the spot where the tent in which he was born in 1967 once stood. According to his brother Musa, aged 29, and with whom Assaf lived, Assaf's death was like his life, tortured. He disappeared at 11.00 p.m., after having left the house of his father, who lived in Al-Mighraqa, a village near Nusairat refugee camp, which is also close to Netzarim junction. His body was discovered the following morning at 6:00 a.m., with the fingers of his left hand severed and his thumb loosely hanging. His left hand and arm as well as his jaw were broken. There were bruises all over his body and the scars on his wrist testified to the fact that he had been handcuffed tightly. There had not been any reports of confrontations with soldiers in the area that night. But Assaf was clearly subjected to brutal torture before having his body riddled with over 20 bullets.

Assaf was a loner. As a child, he spent most of his time drawing with a stick in the sand, and later with pencil on paper, until he got older and was able to afford oil paints. He also taught himself to play the ‘Oud and enjoyed performing for friends and children in the neighbourhood. He was also a writer. Having just completed a novel before his death, he had only to give it a title. Cases of injustice and violence always upset Assaf, and he did not tolerate any infringements on the dignity of any person. He often got in trouble for standing up to what he considered unacceptable or stupid behaviour. Through years of struggling against injustice, he developed such a pessimistic view of life that he claimed to have decided against marrying so as not to be responsible for bringing children into the miserable world of Gaza.

After completing high school in 1990, Assaf went on to study nursing and he took a job working in the operating room at Shifa hospital in Gaza, a position he held up till 1994. Pursuing his search of self-fulfilment, Assaf travelled to France in 1994, where he spent two years studying theatre production. On his return to Gaza, he produced several children's plays. He made a living by taking odd jobs in translation work at the French Cultural Centre in Gaza, in addition to the small income he received from his art and graphic design work.

At the beginning of the Al-Aqsa Intifada, Assaf volunteered with a medical emergency unit and spent much time assisting in the evacuation and care of young, wounded Palestinians. These experiences fuelled his anger and frustration with the injustices suffered by the Palestinian people.

In addition to his artistic talents and humanist principles, his courage in helping the wounded in the line of fire earned him high respect and great admiration amongst his peers. He did not appear to have any fear, and always encouraged others to put aside their own interests in helping others. He acquired the title "hero" and became known as "Assaf, the hero". Upon his death, the people of Gaza flooded the streets in three separate funeral processions and the funeral prayers were held for him at three different mosques, an uncustomary honour for even the most admired martyrs. During his funeral procession, according to his brother Musa, Assaf’s mother, who had never made a single ululation in her life, surprised family members by ululating ten times for her deceased son (a high-pitched wailing cry). Why did she do it? Had she lost control, and responded to the call for all women to ululate (as is customary at a martyr's funeral)? Had she lost her mind in grief, or had she found solace in the idea that his torturous life had finally come to an end and that he would rest in peace in a better world? How did she feel at the time? Were her feelings comprehensible to her? Could she talk about it?

In a world of complex feelings of motherhood, we may never get any decisive answers. But whatever condition may have beheld her at the funeral, she must have been a remarkable woman, in spite of the poverty and misery with which she was surrounded, to have been able to raise a son as committed to the service of humanity as Assaf. What probably frustrated Assaf the most in his life was that he lived in a society which was prevented from developing the resources and opportunities that would allow its residents to have their talents nurtured and bred… to allow them to discover the humanity that exists in all of us.

According to his brother Musa, Assaf slid smoothly into his grave without any assistance – even before his mother could kiss him good-bye. At the grave, everyone praised Allah al-Rahman, God the Merciful. Assaf was so eager to go away, on to his Lord. How powerful faith can be. During such times it can be a saviour. It helps people keep their sanity.

Assaf’s family and the people who loved him will be plagued for the rest of their lives with questions surrounding the circumstances of his death. At least, had he been shot in a confrontation with soldiers, it would have been easier to accept. He is survived by two brothers and two sisters. His brother Musa has a son named Assaf, after his uncle. The little boy is already saying that he wants to be like his uncle, an artist.

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Official PNA Editorial

TRYING ONCE AGAIN

After four months of a vain and criminal attempt to force an unjust solution upon the Palestinian leadership by waging war against its people, and on the eve of elections where the chances of the outgoing Israeli Prime minister to regain power look very dim to all observers, the Israeli and Palestinian negotiators have come out of Taba with an as yet undefined form of agreement.

It is indeed not a treaty, nor a full-fledged agreement; it is not a framework agreement, nor a declaration of principles, even though it looks more or less like one; it is not a new interim agreement, nor is it a final status accord.

It embodies general guidelines for further negotiations, if and whenever they resume, and bears witness to the achievements of the negotiators until now, while delineating the remaining gaps between the parties about the core issues of the conflict. For it is not only time that is lacking to achieve a full agreement. The fragile legitimacy of an Israeli government whose ! days are so tightly numbered and the imminent prime ministerial elections have also weighed heavily on the chances of success.

But, and in spite of significant advances on several issues, we are still facing the evergoing attempt, on the part of the Israeli government, to depart from the referential character of International Law and move into the realm of subjective needs backed by the military imbalance of power. Vague formulations do not always mean "constructive ambiguity". Some ambiguities, have we have learnt from more than seven years of unimplemented agreements, can be quite destructive. The will to pursue negotiations, however, is a positive sign, and the narrowing of the gap inherited from the Camp David talks of last summer shows that progress is possible. There is, however, no certainty that this will be enough for Israeli voters to give the Taba negotiators a new mandate, and the whole exercise may very well move abruptly from the sphere of live diplomacy to that of past history, if a confused and de-stabilized electorate decides to lend an ear to the sirens of war.

The Palestinian leadership, which is committed to peace as a basic strategic option, will of course negotiate with whatever Israeli government is elected, as it has done in the past, particularly in Wye River. But Palestinians hear the electoral discourse, the speeches and the debate in Israel, and cannot be detached, neutral or uninterested in the outcome, which may shape the coming months, and maybe years, and determine whether we can preserve the hope of moving towards a just possible peace, with all the difficulties and hardship on the way or whether we are heading towards another chapter of bloodshed and suffering. For let there be no misunderstanding: the Palestinian popular upheaval provoked by Barak's misguided belief in the virtue of force will not stop if Sharon comes, and it will only escalate if he tries to carry out the military threats he aired during his election campaign.

One of the surprising features of the last Taba talks, however, has been the low profile of the new US administration. Hardly an impetus. No mediator, no moderator. While an official spokesman clarified that it was not involved in the promotion of former US President Clinton's proposals, the validity of which had vanished with the formal end of his mandate, it was clear that the new residents of the White House had decided to wait and see the results of next week’s elections before moving. But it was also clear that the style of Presidential involvement was undergoing a drastic change.

And given that Clinton’s proposals are no longer on the table, now that their alleged author is out of the White House, it is legitimate to wonder what is it, then, that kept both sides running, at such a late hour? For the Israeli side, there has certainly been a will to appear, both in front of the Israeli "left" and the Arab electorate of Israel, as well as at the eyes of Western countries, as peace-searchers and peace-lovers.

The hope to achieve some agreement of principle that could transform the imminent Israeli elections into a referendum for Peace. The will to create conditions allowing for a significant decrease in the quantity and intensity of violent clashes. For the PLO and the PNA, the attempt to reach some form of common stand, even in vague terms, reflects the need to prevent a total regression of the negotiating process into an open-ended process of renegotiations of all the principles affirmed in the Interim agreements. It is also an attempt to draft the agreed upon bases on which all future negotiations will start again, once the sound and fury of Sharon's military threat fall back. It is in this context that Palestinian media and personalities have recently engaged in retrospective assessments of the Clinton years in regards to the Middle-East conflict, and it has now become fashionable to blame Clinton for the failure of the Peace-Process, the so-called "failure of Oslo", which is in fact the failure to implement the "Oslo" and subsequent interim agreements.

This simplified version of events does not only injustice to the former President's personal involvement and dedication, which went all the way to intensive group therapy, Wye-River or Camp David style, sleepless nights and relentless harassment of the parties. It also overlooks some of the unfortunate, but constant parameters of US policy. After all, the US "peace team" Dennis Ross and Co., was an inheritance of the old Bush-Baker administration. Let us also not forget that it is the Republican majority in Congress which passed the infamous resolution to move the US Embassy to Jerusalem, and the ! Clinton administration which set up the postponing mechanism today utilized by the new administration.

True enough, Clinton was not capable to raise over the climate of overbidding which always characterizes US elections, and in the aftermath of the Camp David talks of last summer, did not hesitate to violate his own commitments and lay the blame squarely on the PLO for the failure to reach an agreement, and this support to Barak probably encouraged him in his military miscalculations.

True enough, there must have been some measure of cultural short-sightedness in Clinton's failure to grasp the Arabic and Islamic connection to Jerusalem in general and to the Haram El Sharif in particular, and in his na•ve belief, constructed by his ill-advised advisors, that once cornered between himself and the Israeli Prime minister, Yasser Arafat could not but accept whatever flawed deal he would be offered. No doubt that this biased perception did a lot to encourage Barak and his staff to engage in the test of force and coercion which started with Sharon's provocation on September 28th, lighting the fuse of the current confrontation.

But this in no way sums up Clinton's performance over the eight years of his legislature. He is, after all, the one who established the status of the PLO in US and world politics, and he is, above all, the one who introduced the Palestinian State in American official discourse. Many of us still vividly remember his appearance in Gaza, before Palestinian legislators, and the strengths and conviction of his empathy with Palestinian national aspirations.

For all this, we are grateful and admirative, even though it is obvious that all these efforts were ultimately not crowned by success. Behind those misperceptions, there are gross distortions and myths as to the nature of Israeli-US relations.

One consists in believing that US policy is decided in Tel-Aviv (as though it was the tail that waved the dog) while the other consists in imagining that the White House has an unlimited power to tell Israel what to do, when to do it, and how to do it. Reality, of course, is as usual more complex. Not that one should underestimate the effective weight of the "lobby" in the shaping of US Middle-East policies, or of the prevalent climate in US mass-media. But one must also face the fact that the "lobby" concept has for a long time functioned as an alibi, convenient in US-Arab relations, masking imperial designs and cultural prejudice. This prejudice undoubtedly feeds on various Old Testament theologies, which still produce "Christian Zionists", in the same way as the Dutch Reform Church had once given theological backing to apartheid in South Africa, and it underlies the bizarre alliance of the Protestant fundamentalists of the so-called "moral majority" and the Zionist Ultra-Right. It is also probably grounded on the pattern of settlement colonization which has presided over the historical formation of the USA, and makes the Zionist state a mere re-enactment of the American model, with our Palestinian Arab people in the role of the indigenous Americans. We should therefore understand that we have a problem, as the whole world has, with American society at large, instead of transforming this or that President, or this or that administration into a scapegoat for our inability to transform their attitude.

In the meantime, however, escalation continues on the ground. In spite of its semi-spontaneous and sometimes disorganized character, Palestinian armed struggle, a sporadic harassment of settlers and occupation forces, imposes a state of siege upon the Israeli war machinery. Thus have Israeli military and legal experts been busy, in the course of the last week, redefining the conflict: low intensity conflict, armed conflict, or outright war. The importance of those categories does not lie in their descriptive accuracy, but in their legal implications. In this context, and without forgetting for a second the suffering of the Palestinian victims of Israeli state-terrorism, the PNA and Fateh leadership have condemned the killing of Israeli civilians in Tulkarem, by a group of militants who organized themselves as a vengeance unit. Killing of civilians on the basis of their sole ethnic identity is both a political mistake and a war crime.

Terror cannot be the response to terror. Not only are we not formally at war, but even if we were, or if we considered that we are, we would still be bound to respect the laws of war, and in particular the IVth Geneva convention (1949) on the protection of civilians in times of war.

The dangerous and slippery descent into community ethnic-confessional strife, with its popular passion for vendetta and retaliation, which has characterized the ever self-reproducing conflict pattern, indeed tends to blur the distinction between military and civilian, between the fanatic, trigger-happy terrorist settlers and ordinary Israeli civilians within the Green Line.

This amalgam serves the attempt to portray the conflict as a struggle for Israel's very existence, which is not threatened in any way by the war of liberation in which our Palestinian people is engaged in order to achieve its internationally recognized fundamental national and human rights.

If the coming weeks were to witness a predictable collapse of the negotiating process, there would once again be no alternative to the dramatic escalation of colonization, repression and aggression but the intervention of the international community.

There must be zero tolerance for Israeli state-terrorism against a civilian population taken hostage, and failure to take action will only convince more Palestinians that they are alone, and can only engage in desperate tactics. It may still not be too late to avoid a new catastrophy in our area, but time is definitely running.