Violations by the Israeli Occupying Forces in Rafah

Introduction

Rafah is located in the southern Gaza Strip along the border with Egypt.  Rafah town and the refugee camp have a combined total population of approximately 145,000.  At least 82% of the population (more than 90,000) are registered refugees; refugees registered with the United Nations Relief and Works Agency (UNRWA).  The illegal Israeli settlement block of Gush Katif has been established to the west of Rafah separating Rafah from the coast and Morag settlement has been established to the north of Rafah.  Rafah refugee camp is the second largest refugee camp in the Occupied Palestinian Territories. 

General Situation

Since the beginning of the current Intifada in September 2000, Rafah town and camp have been subjected to regular and repeated incursions by the Israeli occupying forces (IOF).  These incursions, often occurring on a daily basis, have been characterized by the excessive use of force and a failure to adhere to the principles of proportionality and distinction which are the basis of international humanitarian law.  IOF have utilized F16 fighter jets, helicopter gunships, tanks, bulldozers and other armoured vehicles, snipers and explosives in their operations in Rafah.  IOF open fire daily into the residential areas closest to the border, including from snipers and tanks.  To date, at least 220 Palestinian civilians not engaged in fighting and three internationals have been killed in Rafah and more than 1500 were injured by the IOF.  During these operations, the IOF have commonly closed the road leading out of Rafah north to Khan Younis and on to Gaza city.  These closures have in particular restricted access to medical and humanitarian services since the hospitals in Rafah are equipped only to offer very basic medical services.

House Demolitions

Between 29 September 2000 and 30 April 2004, IOF have totally destroyed at least 1059 homes in Rafah which represents approximately 60% of the total number of homes destroyed by the IOF in the Gaza Strip.  A further 1700 homes have been damaged by the IOF in Rafah. 

 These house demolition operations usually take place without prior warning, often at night, and using a full range of military equipment; armoured bulldozers, tanks, APCs etc.  Operations are often conducted under cover of tank and machine gun fire from the IOF.  Residents are given no opportunity to retrieve possessions before the demolition begins.  IOF have used increasing force in these operations and as a result an increasing number of Palestinians have been killed or injured as their homes were demolished with them still inside.  As a result of these demolitions, at least 8472 Palestinians have been rendered homeless.  A further 13600 Palestinians have sustained damage to their properties.  Approximately 40% of all those affected are children.  The vast majority of those affected are refugees, now made homeless for the second or even third time. 

 Of those registered refugees made homeless in the Gaza Strip during this Intifada, UNRWA has been able to re-house approximately 394 families.  However, thousands more remain without permanent shelter, staying with relatives or friends.  Some are currently housed in makeshift shelters in municipal sports facilities in the town or in tents provided by UNRWA or the ICRC.  Those victims of house demolitions who are not registered refugees with UNRWA, approximately 450 families (approximately 3600 people), have little hope of being re-housed or provided with any form of assistance by the Palestinian Authority.   Most of those affected by Israel’s policy of house demolitions have received only small emergency grants or aid from various humanitarian agencies, including UNRWA and the ICRC.  This aid usually consists of some basic household items, food stuffs or small cash sums.

 The vast majority of homes demolished in Rafah were located in neighbourhoods located directly adjacent to the border fence with Egypt.  This area, known as the “Philadelphi Route”, is controlled exclusively by the IOF.  Demolitions of homes in this area have intensified since the beginning of the current Intifada and have been used to clear a wide tract of land parallel with the border fence which IOF have determined a “buffer zone”.  This buffer zone has been continuously widened and now extends to up to 200 metres from the original border fence.  An 8 metre high metal fence has been constructed along the length of the border.  Recent statements reported by Israeli media have detailed the intention of the IOF to create a trench parallel with the border fence inside Palestinian territory.  The so-called “Disengagement Plan” currently promoted by Israeli Prime Minister Ariel Sharon also provides that the buffer zone will continue to be expanded.

Recent Demolitions

Since 1 May 2004, the IOF have totally demolished at least 82 homes in Rafah and damaged a further 41.  The most intense demolition operation took place between Thursday 13 May and Saturday 15 May 2004 during a major IOF incursion targeting areas of Rafah camp and town directly adjacent to the border.  This operation resulted in the destruction of 82 homes, 23 commercial properties, a mosque and other civilian properties.  There was also extensive destruction to civilian infrastructure.  Recent statements by the IOF have indicated that hundreds more homes may be destroyed in the coming days.  PCHR filed a petition in the Israeli High Court of Justice on Friday against the proposed demolitions on behalf of 13 Palestinian families living in blocks O and J of Rafah refugee camp.  An emergency injunction was issued on Friday evening by the High Court and a session was scheduled to hear the petition in full on Sunday 16 May.  On Sunday 16 May, the Israeli High Court rejected the petition on the basis that the IOF had stated that they had ended the current operation but reiterated that the IOF are permitted to conduct house demolitions without prior notification in the following circumstances: urgent military necessity; danger to the lives of Israeli soldiers; to prevent an imminent attack.

Legal Context

The Fourth Geneva Convention, to which Israel is a High Contracting Party, is the primary legal framework for all activities in the OPTs.  It is founded on the principle of protection for the civilian population in time of war or under occupation.  The Convention provides a range of protections for civilian life and property.  Specifically, the extensive destruction of civilian property carried out wantonly and unlawfully without military necessity constitutes a grave breach of the Convention (article 147) and a war crime as defined in article 85.5 of the First Additional Protocol to the Geneva Conventions.  The Convention further prohibits collective penalties and measures of intimidation (article 33). 

 International human rights law which is also concurrently applicable in the OPTs, as repeatedly stated by UN human rights treaty bodies such as the Human Rights Committee and the Committee Against Torture, also provides a range of protections against house demolitions.  The International Covenant on Economic, Social and Cultural Rights provides for the right to adequate housing (article 11), the International Covenant on Civil and Political Rights guarantees the freedom to choose one’s own residence (article 12) and protects against arbitrary interference with the family and home (article 17).  The Convention on the Rights of the Child provides specific protections for the rights of children, including the right to adequate housing (article 27).  Israel is a state party to each of these treaties and as such is obligated to enforce the protections provided by these laws in the OPTs.  However, clearly, the policy of house demolitions implemented throughout the OPTs for many years is inconsistent with Israel’s obligations under human rights treaty law.  In particular, the UN Committee Against Torture concluded in November 2001 that Israel’s policy of house demolition may, in certain circumstances, amount to cruel, inhuman or degrading treatment in violation of the Convention Against Torture to which Israel is a state party.

Public Document

**************************************

For more information please call PCHR office in Gaza, Gaza Strip, on +972 8 2824776 - 2825893

PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip. E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org