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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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.
Al Mezan
The belligerent Israeli Occupation Forces kill a
Palestinian civilian
and kidnap another
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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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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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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.
LAW Society
Attacking Paramedics
Women’s Centre for
Legal Aid and
Counselling
He died before having found a title for his novel
Official PNA Editorial
TRYING ONCE AGAIN