PCHR has published a special report titled “Black Days in the Absence of
Justice: Report on Bloody Fighting in the Gaza Strip from 7 to 14 June 2007.”
The report details results of investigations conducted by PCHR into the bloody
fighting between Hamas and Fatah movements, represented by their armed wings and
security services, which ended with Hamas’ takeover of all headquarters and
sites of security services, and consequently, the whole Gaza Strip.
This latest round of fighting took the lives of 161 Palestinians, including 41
civilians. This figure includes 7 children and 11 women. Additionally, at least
700 Palestinians were wounded.
According to PCHR’s documentation, the two parties of the conflict perpetrated
grave breaches of the provisions of international law concerning internal armed
conflicts, especially common article 3 of the Geneva Conventions of 1949. The
fighting included: extra-judicial and willful killings of combatants who laid
down their arms; killing a number of wounded persons inside hospitals; abduction
and torture; using houses and apartment buildings in the fighting, endangering
the lives of civilians; obstruction of access of medical and civil defense crews
to areas of clashes.
The
latest round of fighting was an extension of other rounds of fighting between
Fatah and Hamas movements over 15 months (from April 2006 to June 2007), in
which divided security services were also involved. Violence and fighting has
been an outcome of the conflict over security and political authorities between
the presidency and premiership in the Palestinian National Authority following
the parliamentary elections that were held in January 2006, in which Hamas won
the majority of seats of the Palestinian Legislative Council (74 seats for Hamas
and 45 ones of Fatah out of a total of 132 seats). Although the elections were
an important turn point towards democratic reform since they were transparent
and fair, the subsequent developments constituted a setback of the process as
this democratic experience was combated and besieged to be buried. The the Hamas-led
government that was formed in March 2006 was boycotted by the United States, the
European Union, Canada, Jaban and others. All money transfers from Arab and
Islamic countries through banks were also blocked. Subsequently, the economic
conditions deteriorated to an unprecedented level, the government was not able
to pay salaries to its employees and the services provided to the Palestinian
population sharply decreased.
At
the same time, the internal security situation further deteriorated with the
state of lawlessness and security chaos that have plagued the Occupied
Palestinian Territory for years.
The
political conflict over authority between Fatah and Hamas movements has
negatively impacted the whole Palestinian internal situation, including the deep
division it has caused in the executive between the presidency of premiership.
This conflict was demonstrated in bloody fighting between armed wings of the two
movements. Palestinian security services, which are divided in support for the
presidency (those formed before the formation of the Hamas-led government) and
the government (those formed by following the formations of the government, like
the Executive Force) were also involved in the fighting.
The
past 15 months have witnessed several rounds of fighting in the Gaza Strip
between the two movements. The fighting has been characterized by grave breaches
of human rights and international humanitarian law, including willful killings,
abduction and torture. The militants disregarded the lives of civilians when
they transformed roof of a number of apartment buildings as sites for them and
established barriers in densely populated areas. These places were used in the
fighting, thus endangering the lives of civilians.
Each round of fighting ended with an agreement between the two movements to calm
down the situation brokered by the Egyptian security delegation to the Gaza
Strip and Palestinian political factions. However, no investigation was
conducted into any crime and the politically-covered perpetrators have remained
free. The lack of legal action against the perpetrators of crimes has increased
tension motivating new rounds of fighting. Any truce lasted for days, and at
best, for a few weeks, while tension and lack of confidence between the two
movements remained persistent motivating new rounds of fighting. The latest
round of fighting has been the fiercest of all rounds and has ended with Hamas’
takeover of the Gaza Strip.
This report highlights the latest round of fighting between Fatah and Hamas
movement from 7 to 14 June 2007 and the grave breaches of human rights and
international humanitarian law concerning internal armed conflicts. The report
does not detail every single detail in the fighting, rather what PCHR has been
able to investigate and document through eyewitnesses’ testimonies and checking
the damages caused by the fighting.
The
report does not discuss the developments that followed the fighting, including
acts of retaliation by armed groups affiliated to Fatah movement and security
services in the West Bank against members of Hamas following the measures taken
by Palestinian President Mahmoud ‘Abbas.
The
report includes 4 sections in addition to the introduction. The first section
details the developments in the Palestinian National Authority that followed the
Palestinian parliamentary elections of January 2006, including acts of violence
between the supporters of Fatah movements and those of Hamas in the Gaza Strip,
which developed into several rounds of fighting between the two movements from
April 2006 to June 2007. The second section highlights the latest round of
fighting; how it began, how it developed and its end with Hamas’ takeover of the
Gaza Strip. The third section details violations of human rights and
international humanitarian law perpetrated or allegedly perpetrated by the
parties of the conflict, including extra-judicial and willful killings,
abduction and torture; using houses and apartment buildings in the fighting;
attacks on civilian property; attacks on hospitals and medical and civil defense
crews; endangering the lives of civilians in the streets and houses; attacks on
peaceful demonstrations; and seizure, robbery and destruction of public, private
and non-governmental institutions. The last section of the report provides
PCHR’s conclusion and recommendations to relevant parties. Annexed to this
report is a list of names of those who were killed in the latest round of
fighting.
Conclusion:-
1.
The internal fighting between Fatah and Hamas movements
has peaked with the latest round of fighting, which has ended with Hamas’
takeover of the Gaza Strip as its military wing ‘Izziddin al-Qassam Brigades
seized control over security headquarters and sites.
2.
This report pointed out serious violations of the
provisions of international law concerning internal armed conflicts, including
violations of the right to life and physical integrity perpetrated by the two
movements. These violations included extra-judicial and willful killings;
disregard for the lives of Palestinian civilians; abduction and torture of
persons; attacks against civilian facilities, including houses and apartment
buildings; shooting at peaceful demonstrations; attacks against hospitals and
medical and civil defense crews; seizure, robbery and destruction of public and
private institutions.
3.
These crimes were an extension to similar crimes
committed by the two sides in all rounds of fighting over 15 months. The two
sides perpetrated grave breaches of the provisions of international law
concerning internal armed conflicts, including extra-judicial and willful
killings and shooting at combatants and civilians after capturing them.
4.
The internal fighting over the past 15 months is an
integral part of the state of lawlessness and security chaos that have plagued
the Occupied Palestinian Territory, taking the lives of hundreds of
Palestinians, as the Attorney-General and law enforcement bodies have failed to
take legal actions against the perpetrators of such crimes.
5.
The Palestinian National Authority has never established
any inquiry commissions to investigate rounds of fighting and take legal actions
against those who committed crimes. PCHR has always called for establishing
inquiry commissions to investigate all crimes and take legal actions against
those who committed crimes, but these calls have not been taken into
consideration by the Palestinian National Authority.
6.
Instead, truces have been concluded between Fatah and
Hamas movements, under which abductees from the two movements were released,
while criminals and murders have remained free enjoying impunity and cover by
their political leadership.
7.
The failure to take legal action and against criminals
has served as a major factor in the outbreak of armed clashes, which often take
the form of clan conflicts whose roots have been armed clashes between the two
movements.
Recommendations:-
·
PCHR reiterates its calls for establishing a national
inquiry commission that has wide judicial authorities and formed of independent
figures and legal experts to investigate the latest round and previous rounds of
fighting over the past 15 months.
·
Such national inquiry commission can never succeed in its
job without the approval of the two parties of the conflict to politically
uncover people who are suspected of committing crimes in all rounds of fighting
and to facilitate access to victims and eyewitnesses.
·
PCHR calls upon Fatah and Hamas movements to declare
their acceptance of the establishment of a national inquiry commission and the
results of its investigations.
·
Legal action must be taken against all those who were
responsible for committing crimes.
To download the report, in PDF format please
click here.
(PDF)
