Ref: 169/2003

 On
Thursday morning, 11 December 2003, Israeli occupying forces killed 5
Palestinians, injured 13, and destroyed 9 houses during a military incursion
into the al-Salam neighborhood in Rafah.  Israeli occupying forces stated
that the aim of the operation was to arrest a Palestinian wanted for
involvement in attacks against Israeli targets. 

 According to preliminary investigations conducted by PCHR, at
approximately 04:00 on Thursday, Israeli soldiers, reinforced by a number of
heavy military vehicles and  a military helicopter, moved approximately
600m into the al-Salam neighborhood in the south of Rafah, adjacent to the
Egyptian border.  Under cover of Israeli gunfire, Israeli troops
surrounded houses in the neighbourhood belonging to the families of al-Qadhi
and al-Waqili.  Israeli soldiers used megaphones to call on residents to
exit their homes.  Soldiers also called on Khaled al-Qadhi to surrender to
them.  Israeli forces stated that they believed him to be a member of the
Islamic Jihad.  Residents exited their homes and Israeli soldiers detained
them for about an hour; the male residents, over the age of 18, were handcuffed
and blindfolded.  Khaled al-Qadhi refused to leave his house and a
gunfight ensued between him and Israeli soldiers.   Israeli soldiers
ordered residents to evacuate the area.  Shortly after, Israeli occupying
forces demolished 9 houses belonging to the families of al-Qadhi and al-Waqili,
rendering 65 people (11 families) homeless. 

 During the incursion, a number of members of the Palestinian
resistance clashed with Israeli occupying forces.  One armed Palestinian,
Nasser Mohammed Abu Naja, 28, died after being shot in the head by a live bullet. 

 In addition, four Palestinian civilians were killed as a result of
Israeli gunfire in the area:

1.   ‘Omar Fawzi Abu Muhsen, 28, hit by a live
bullet in the abdomen;

2.   Sabri Ahmed Abu Louli, 25, hit by a live
bullet in the head;

3.   ‘Ayad Mohammed al-Mahmoum, 55, hit by a live
bullet in the chest; and

4.   Mohammed Rajab Zaino, 23, hit by a live
bullet in the head. 

In addition, 13 Palestinian civilians, including 6 children
and 2 women, were wounded.  Four of the injured remain in a critical
condition. 

PCHR’s field worker in Rafah reported that Israeli occupying
forces withdrew from the al-Salam neighborhood at approximately 11:30am, after
they had arrested 11 Palestinians, including Khaled al-Qadhi and 8 other
members of his family. 

PCHR strongly condemns the ongoing military attacks against
Palestinian civilians and their property perpetrated by the Israeli military in
the OPTs.  The willful killing of a Palestinian civilian, and the
extensive destruction of civilian property carried out wantonly and unlawfully
without military necessity, constitute grave breaches of the Fourth Geneva
Convention.  PCHR reiterates that the policies of retaliation and
collective punishment practiced by Israeli occupying forces against Palestinian
civilians also constitute violations of international humanitarian law,
specifically article 33 of the Fourth Geneva Convention.  PCHR calls upon
the international community to immediately intervene to halt all violations of
international human rights and humanitarian law perpetrated by Israeli
occupying forces against Palestinian civilians in the OPTs.