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Press Release
Ref: 30/2002
Date: 6 March 2002
Israeli authorities have recently revealed that, in response to a series of complaints submitted by PCHR, an investigation was opened into an attack by Israeli settlers on Palestinian civilians in the al-Mawasi region of the Gaza strip in early 2001. PCHR welcomes the investigation into acts of violence by settlers but remains deeply concerned that over one year after the investigation reportedly began, the results, if any, are not yet publicly known.
On 15 January 2001, a group of settlers attacked Palestinian civilians and their property in the al-Mawasi region in the southern part of the Gaza strip, destroying agricultural fields and greenhouses, while under the protection of Israeli occupying forces. Video footage of the attacks was later broadcast on a number of television networks. Al-Mawasi, an agricultural area located on the Gaza coast between Rafah and Khan Yunis and near a bloc of Israeli settlements, is inhabited by 8,000 Palestinians but under full Israeli military control and near-complete closure. On 10 February 2001, PCHR’s lawyers submitted five complaints to the Israeli military legal advisor on behalf of members of the al-Najjar family, whose properties were destroyed by the settlers. PCHR called for an investigation into the attacks and for those responsible to be prosecuted.
On 3 March 2002, the Israeli military legal advisor informed PCHR that an investigation had been opened on 26 February 2001 and that the file had been directed to the prosecutor of the Negev region (Jewish settlers in the Occupied Palestinian Territories are considered under the jurisdiction of Israels civil court system). It is unclear whether the investigation was concluded, what the results were, or why PCHR was not informed about the investigation until more than one year after it reportedly began.
The presence of Israeli settlements in the Occupied Palestinian Territories (OPT) are a grave breach of the Fourth Geneva Convention and the First Additional Protocol, namely, a war crime. Settlers routinely engage in violence against Palestinian civilians and their property, often with the tacit approval of Israeli occupation forces. The Israeli authorities rarely conduct full and proper investigations into acts of violence by settlers, and few settlers responsible for acts of violence are prosecuted in accordance with international standards, including with respect to appropriate punishment. PCHR has repeatedly reiterated its concerns regarding the two-tier judicial system under which Palestinians in the OPTs are subjected to the Israeli military court system; a system which has been repeatedly criticised by international human rights organisations as failing to meet minimum standards on the right to a fair trial. Israeli settlers in the OPTs are, however, subject to the Israeli civil court system. PCHR is extremely concerned that the ongoing failure to fully investigate and prosecute all acts of violence against Palestinian civilians encourages a culture of impunity among settlers and the Israeli occupation forces.
PCHR reiterates its call for the attacks in al-Mawasi to be thoroughly investigated and for those responsible to be prosecuted to the full extent of the law. The fact that the results of an investigation reportedly launched over one year ago have not yet been made public remains a matter of grave concern and indicates that Israeli authorities may be failing to abide by their duties to investigate settler crimes. PCHR will continue to pursue this case and seek reparation for the victims of the attacks in al-Mawasi.