Ref: 109/2010

On
Saturday, 4 December 2010, Israeli forces opened fired at, and injured, four
Palestinians scrap collectors near the Beit Hanoun (Erez) border crossing while
they were collecting rubble and stones. The four injured were Mohammad Al
Hesoumi (22), Belal Al Hesoumi (17), and Merwan Ma’rouf. The fourth person
refused to be identified.

At
the time of the attack, the civilians were in the so-called ‘buffer zone’, an
Israeli-imposed ‘no entry’ zone along
the land and sea borders of the Gaza Strip. Israel’s establishment of a buffer
zone is illegal under international law. In particular, the effective
confiscation/seizure of property violates Article 23(g) of the Hague Regulations,
and constitutes a grave breach of the Geneva Conventions. Preventing Palestinians from access to their
land, and fishing areas, also violates numerous provisions of international
human rights law, including the right to work, the right to the highest
attainable standard of living, and the right to the highest attainable standard
of health. Enforcing the ‘buffer zone’ by means of live fire often results in
the direct targeting of civilians, a war crime.

This
attack form part of an ongoing pattern of violations, perpetrated by Israeli
forces along the borders of the Gaza Strip. Since the beginning of 2010, the
Palestinian Center for Human Rights (PCHR) has documented 71 injuries and 9
killings in this area. The buffer zone comprises approximately 17% of the
territory of the Gaza Strip.

Israel’s
ongoing illegal closure of the Gaza Strip, and the extensive destruction caused
by the 27 December 2008 – 18 January 2009 offensive on the Gaza Strip, has
created a demand for building materials, and resulted in an alternative market
for recycled construction materials.

PCHR reiterates its condemnation of these
crimes, and:

1. Confirms that these crimes form part of an
ongoing pattern of violations perpetrated by Israeli forces in the occupied
Palestinian territory, and notes that the direct targeting of civilians
constitutes a war crime, as defined in Article 8(2)(b)(i) of the Statute of the
International Criminal Court.

2. Stresses the need for accountability and judicial
redress. All individuals suspected of committing war crimes must be
investigated and prosecuted in accordance with the demands of international
law. Victims’ right to an effective judicial remedy must be upheld.

3. Calls upon the international community to
promptly intervene to prevent such crimes, and reminds High Contracting Parties
to their Geneva Conventions of their obligation to ensure respect for the
Conventions in all circumstances.