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New evidence has been obtained demonstrating the excessive and disproportionate use of force by Israeli forces against three Palestinian children killed last month. According to recent statements made by the Israeli military commander of the northern Gaza Strip, Israeli forces used “Fletchette” shells (shells containing dart-like shrapnel which is fired over a large area upon impact) in the incident when the three children were killed. The use of such shells against a civilian population is unlawful under international law, including the Fourth Geneva Convention of 1949. The Israeli military commander also confirmed that an Israeli tank ran over the body of one of the victims. PCHR, the legal representative of the victims’ families, expresses its serious concerns regarding this case and reiterates its call for the international community and the United Nations to initiate a full, independent and impartial investigation into the case, to bring to justice those responsible and to provide effective reparations, including adequate compensation for the families of the victims.

On Sunday, 30 December 2001, Israeli forces fired artillery shells at three Palestinian children north of Beit Lahia, killing them. The victims, all from Sheikh Radwan neighbourhood in Gaza, were:

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   1. Ahmed Mohammed Banat, 15;

   2. Mohammed ‘Abdel-Rahman El-Madhoun, 16; and

   3. Mohammed Ahmed Lubbad, 17.

At approximately 17:40 on that day, an Israeli tank positioned in the vicinity of “Elli Sinai” settlement, north of Beit Lahia in the northern Gaza Strip, fired four artillery shells at a Palestinian agricultural area, under full control of the Palestinian National Authority, approximately 1200m south of the settlement. Then, Israeli forces opened fire at the area from heavy and medium machine guns. Approximately 30 minutes later, the Israeli forces issued a statement claiming that they had killed three gunmen who were attempting to enter “Elli Sinai” settlement. Later, the Israeli forces stated that the three children were attempting to plant bombs in the area. A later statement from the Israeli military asserted that the children were armed with knives.

The Israeli authorities did not immediately release the bodies of the three victims and did not issue information regarding their identities or ages. Three families from Sheikh Radwan neighborhood notified PCHR about the disappearance of three of their children while they were returning home from a visit to a friend in Beit Lahia. This raised fears that the three children might be the victims killed by Israeli forces. On 2 January 2002, PCHR, through an Israeli lawyer, Andre Rosenthal, sent a message to the Israeli military legal advisor, requesting the recovery of the three bodies to the Palestinian National Authority in order to be identified, and called for an investigation into the case. The bodies were handed over to the Palestinian National Authority on the same day, but no investigation was initiated by the Israeli military.

PCHR has continued to follow up the case internationally and within Israel. On 8 January 2002, PCHR sent appeals to John Dugard, Special Rapporteur for Human Rights in the Occupied Arab Territories, including Palestine; Asma Jahangir, Special Rapporteur for Summary, Arbitrary, and Extra-Judicial Executions; and Olara Otunnu, Special Representative of the Secretary General for Children in Armed Conflict. PCHR requested that they take immediate steps to ensure a thorough, independent and impartial investigation into this incident is conducted, and that other cases of possible willful killings and excessive use of lethal force perpetrated in the Occupied Palestinian Territories be similarly investigated, with appropriate legal action taken.

In addition to following the case through its lawyer in Israel, PCHR coordinated with the Public Committee against Torture in Israel (PCATI), and Physicians for Human Rights, providing the two organizations with information, in order for them to pressure inside Israel for an investigation into the case. In its letter to the two organizations, PCHR stated its initial comments and conclusions regarding the incident:

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   1. The children were fired at from a significant distance, when they had posed no threat to the lives of Israeli soldiers.

   2. The three children were extra-judicially killed since no efforts were made to arrest them.

   3. The victims were unarmed civilians under the age of 18.

   4. The bodies were taken to the Legal Medicine Institute in Abu Kabir without the approval of their families and without a court decision.

   5. An autopsy conducted by Palestinian officials indicated that the bodies had been mutilated and that one of the victims had been trampled by a large vehicle.

Following a request by Member of Knesset Tamat Jabotnisky, the Israeli parliamentary foreign and security committee held a session on 23 January 2002 to address this case. Representatives of the PCATI and Physicians for Human Rights attended the session. In his statement before the committee, the Israeli military commander of the northern Gaza Strip revealed new information which supports the conclusion that the children were willfully killed. His statement can be summed up in the following points:

* At approximately 17:48 on 30 December 2001, three suspects were noticed in the vicinity of “Elli Sinai” settlement.

* The officer in command of a tank fired four artillery shells at the three, killing them.

* One of the bodies was then run over by the tank.

* The tanks shells fired contained nails (flechettes) which were scattered as far as 100m away from the point of impact.

In his statement before the committee, Director of the Legal Medicine Institute (Abu Kabir) explained that the victims died having sustained injuries inflicted by the nails in the shells and that one of the bodies had then been run over by a tank. This information further supports the conclusion that the killings were willful and a violation of international human rights and humanitarian law.

The Israeli military representative also produced video footage before the committee showing that the victims were positioned at a significant distance from the Israeli military position. It is PCHR’s opinion that this information collectively indicates that the Israeli military extrajudicially killed the three, and used excessive and disproportionate force. All evidence indicated that the victims had not posed any threat to the lives of the Israeli soldiers, that the soldiers had not resorted to less lethal force as required by international standards and had made no attempts to arrest the suspects prior to opening fire. The video footage also reaffirmed that the victims were unarmed contrary to claims made by the Israeli military.

The session was adjourned, to be reconvened later this week, pending receipt of the report of the Israeli Legal Medicine Institute on the case.

In light of these developments, PCHR asserts:

1. The killing of the three children was willful and extra-judicial in violation of international human rights and humanitarian law, and that Israeli forces have full legal responsibility for their deaths, including with respect to the provision of compensation to the victims families, in accordance with international law.

2. In immediately resorting to the use of artillery shells despite no threat having been posed to the lives of the soldiers, the Israeli forces employed excessive and disproportionate force.

3. Despite all these facts, Israeli forces have not initiated a full and proper investigation into this case or many other similar cases.

4. The autopsy of the bodies took place at the Israeli Legal Medicine Institute without the approval of the victims’ families and without a court decision – according to the director of the institute, the bodies of the victims were brought to the institute without having been identified in contravention of Israeli law.

5. The video footage showing the killing of the three children should be made public.

6. The international community and the United Nations must call for a thorough, independent and impartial investigation into this incident, and that other cases of possible willful killings and excessive use of lethal force perpetrated in the Occupied Palestinian Territories be similarly investigated.

7. It was not the first time that Israeli forces have employed “Fletchette” shells against Palestinian civilians. A number of Palestinian civilians have been killed or injured by such shells, including when no threat was posed to the lives of Israeli soldiers, according to PCHR’s investigations.