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PCHR sends urgent appeals to international

officials on recent house demolitions in Rafah

Ref: 6/2002

Date: 15 January 2002

In light of the unprecedented escalation in human rights violations perpetrated by Israeli occupation forces in the Occupied Palestinian Territories (OPT), especially the latest house demolitions in Rafah, PCHR sent urgent appeals to a number of senior officials of the United Nations, the European Union and international human rights organizations, calling upon them to immediately intervene to stop Israeli violations of human rights. PCHR asserted that the Israeli occupation forces have systematically pursued a policy of house demolition since the beginning of Al-Aqsa Intifada as a form of collective punishment against Palestinian civilians. Israeli forces have demolished and destroyed hundreds of houses in the OPT leaving thousands of Palestinian civilians homeless. These demolitions constitute a grave breach of the Fourth Geneva Convention and a violation of other international human rights standards.

In its appeals, PCHR asserted that recent months witnessed an unprecedented escalation in the policy of house demolition. Rafah, in the Gaza Strip, has been repeatedly subjected to these violent and dramatic house demolitions; as of 9 January, 2002, 102 houses on its periphery have been entirely destroyed since the beginning of the Intifada. On 10 January 2002, 59 homes in Block O, located close to the Egyptian border, in Rafah refugee camp were entirely destroyed and one was rendered uninhabitable by Israeli bulldozers accompanied by tanks and jeeps of soldiers. On 12 January, 40 homes in Block J, the block next to where Block O was located, were levelled, 41 homes were rendered uninhabitable and a further 70 homes sustained damage following the firing of heavy tank shells and an as yet unidentified large explosion, for which the Israeli forces are believed to be responsible. These house demolitions left more than 1700 Palestinian civilians homeless.

PCHR asserted that the destruction of civilian houses is a serious violation of international human rights and humanitarian law. The Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 12 August 1949 affords protected status to civilian population under occupation (Article 4) and provides that no alternative agreement shall adversely affect this protected status. Article 47 further confirms that no peace agreement between the Occupying Power and the authority representing this population alters the provision of protection for civilians in the Occupied Territory. The Convention also expressly prohibits the destruction of private or collectively-owned property or property owned by a public authority (Article 53) except where “such destruction is rendered absolutely necessary by military operations.” The excuse of military necessity is regularly used by Israeli occupation forces to justify this kind of action. However, in this case, and in many incidences, there was no military necessity for the house destruction carried out. This is an entirely civilian residential area and no shooting by Palestinian gunmen had been reported prior to the attack for many days. Article 33 prohibits collective punishment, including reprisals against civilian property. Additionally, Israeli claims that many of the properties were empty are untrue and irrelevant; they remain civilian properties entitled to the protection of the Convention.

PCHR requested that UN officials and international organisations take immediate action in this regard, including condemning the recent house demolitions as part of a systematic policy of willful destruction, and calling on the international community to provide immediate independent international protection for Palestinian civilians living in the OPT and to bring to justice all Israeli officials responsible for these unlawful acts.