Ref.,: 83/2003

PCHR expresses its grave
concern at the ongoing culture of impunity afforded to Israeli soldiers for
violations of international human rights and humanitarian law, including war
crimes.  The conclusion of an
investigation by Israeli occupying forces, as recently stated in media reports,
that the death of Rachel Corrie, an American peace activist, in March 2003 was
“an accident” is only the latest example of this culture of
impunity. 

Rachel Corrie, an American
citizen, was killed on 16 March 2003 when she and several other foreign peace
activists had been attempting to prevent the demolition by the Israeli military
of a Palestinian home in Rafah in the southern Gaza Strip. 

PCHR rejects the conclusion
of an investigation by the Israeli occupying forces into the killing, and is
concerned that the Israeli occupying forces did not conduct a proper
investigation in accordance with minimum international standards on
impartiality and thoroughness.  In
particular, affidavits taken from eyewitnesses to the killing by PCHR’s lawyers
contrast sharply with the investigations apparent conclusion.  These statements are attached to this press
release.  Eyewitnesses stated that, “The
bulldozer continued even further until Rachel was directly underneath the
center of
the bulldozer.  The bulldozer paused for
a moment.  It then reversed and drove
back over her with its blade still down” and
that “This
engulfing of Rachel, and our screaming that this had happened, I believe, was
visible to the crew of both the tank, the bulldozer which killed Rachel and the
other bulldozer.  The bulldozer driver
however did not stop, nor adjust his speed but continued onwards at his slow
and steady pace of five miles per hour, or so, for another four to five metres,
without lifting his blade.”    

Following the taking of
these affidavits, PCHR submitted a request to the investigation department of
the Israeli occupying forces that they question these eyewitnesses directly for
the purposes of their investigation into the death.  The questioning by Israeli occupying forces
investigators took place in late March in the presence of Israeli lawyers
representing PCHR.

PCHR deeply regrets the ongoing failure of the Israeli occupying forces
and state to adhere to its obligations under international law to provide
reparation for human rights violations. 
The culture of impunity for violations of international human rights and
humanitarian law has existed for many years but has grown increasingly since
the beginning of the current Intifada in September 2000.   This failure to adhere to international
obligations in respect of human rights violations includes a failure to conduct
full and fair investigations; a failure to prosecute, in accordance with
international standards on the right to a fair trial, individuals responsible
for violations; and a failure to provide compensation for victims and victims’
families.  PCHR is a legal aid agency providing
representation for victims of human rights violations in the Gaza Strip.  PCHR has submitted more than 1200 complaints
to the Israeli occupying forces regarding human rights violations since the
beginning of the current Intifada.  In no
case in which PCHR has submitted a complaint, has any individual in the Israeli
occupying forces, security services or other persons, been prosecuted or
otherwise disciplined for any act perpetrated against a Palestinian or foreign
national.  PCHR asserts that the State of
Israel should be aware that where it fails in its specific legal obligations to
conduct full and fair investigations into human rights violations, and bring
those responsible to justice in accordance with international law, victims of
Israeli war crimes may seek alternative judicial remedies abroad, including
under the principle of universal jurisdiction.