Israeli Forces Continue to
Perpetrate Crimes in the OPTs
· 2
Palestinian children killed by Israeli forces
· Palestinian
prisoner dies from torture and medical negligence in an Israeli prison
· Israeli
forces conducted a series of incursions into the West Bank and Gaza Strip
· 3
Israeli military incursions into the Gaza Strip, during which 8 houses in Rafah
and Khan Yunis were destroyed and areas of agricultural land were razed
· Houses
were raided and a number of Palestinians were arrested
· Construction
of the “separation wall” in the West Bank continued
· Israeli
occupying forces established a new military post and 2 observation towers in
the Gaza Strip
· In
violation of international human rights and humanitarian law, Israeli occupying
forces transferred 12 Palestinians from the West Bank to the Gaza Strip
· Indiscriminate
shelling of Palestinian residential areas continued, injuring a number of
Palestinian civilians
· A
Palestinian house in Hebron was destroyed by Israeli forces as part of the
continuing campaign of retaliation against the families of Palestinians accused
of involvement in attacks against Israeli targets
· Israeli
occupying forces continued to impose a total siege on the OPTs
Introduction
This week, Israeli occupying forces continued to
violate the human rights of Palestinian civilians in the Occupied Palestinian
Territories (OPTs). Throughout the week they conducted incursions into Palestinian
areas; shot at Palestinian civilians, including children; indiscriminately shelled
residential areas; demolished houses; and leveled agricultural land. 2
Palestinian children were killed by Israeli occupying forces in Rafah in the
southern Gaza Strip and Qalandya refugee camp, north of Jerusalem. Israeli
occupying forces also continued to impose a tight siege on the OPTs.
In violation of international human rights and humanitarian
law, in particular the Geneva Convention Relative to the Protection of Civilian
Persons in Time of War of 1949, Israeli forces continued to take retaliatory
measures against the families of Palestinians Israel alleges have ordered,
facilitated, or carried out attacks against Israeli targets. In this context,
Israeli occupying forces destroyed a Palestinian house in Hebron.
Also in clear violation of international humanitarian
law, Israeli occupying forces transferred 12 Palestinians from the West Bank to
the Gaza Strip. 8 of the group were moved to the Gaza Strip on Thursday evening,
4 December 2003; the remaining 4 Palestinians were moved to the Gaza Strip on
Friday morning, 5 December 2003. The
transfers followed a ruling issued by the Israeli High Court on Thursday, 4
December 2003, approving the transfer orders issued against the 12 by Major
General Moshe Kaplinski, GOC of the Central Command. Since 10 November 2003, 17
of the original group of 18 have been transferred to the Gaza Strip. The
18th detainee, Mustafa ‘Aabed, from Nablus, remains in detention at
Erez military compound in the northern Gaza Strip. These transfers constitute a
war crime as clarified in article 85 of the First Additional Protocol to the
Geneva Conventions.
On Monday morning, 8 December 2003, Bashir Mohammed
Ahmed ‘Owais, 27, from Balata refugee camp east of Nablus, died following
reports of torture and medical negligence. ‘Owais was being held in custody by
Israeli occupying forces at ‘Affoula Hospital in Israel at the time of his
death.
Despite international criticism, including the recent
UN General Assembly Resolution referring the case of the “separation wall” in
the West Bank to the International Court of Justice, Israeli occupying forces continued
with its construction. This week, construction continued on the part of the
wall passing near the Jerusalem villages of ‘Anata, al-Sawahra al-Sharqia,
‘Eizariya and Abu Dis. Upon completion of this section, the villages will be
divided into isolated cantons and approximately 2000 donums[1] of
land in ‘Eizariya village will be annexed to “Ma’aleh Adumim”
settlement. It will also isolate approximately
50 Palestinian houses from the rest of the village. In addition, for three days
this week Israeli occupying forces closed the iron gate between Baqa al-Sharqia
village, west of Tulkarm and its agricultural areas, denying Palestinian
farmers access to these areas.
Israeli occupying forces have continued to impose severe
restrictions on movement of Palestinian civilians in the Gaza Strip and the
West Bank, including Jerusalem.
In the Gaza Strip, Israeli occupying forces continued
to impose a strict siege on Palestinian communities and restrict the movement
of Palestinian civilians. They also continued to enforce the closure of a
number of main and branch roads in the Gaza Strip and Palestinian civilians
continue to be subjected to humiliating and degrading treatment at Israeli
military checkpoints and border crossings. The restrictions on movement and the
fragmentation of the OPTs, through the erection of Israeli checkpoints and
barriers, systematically violate Palestinian economic, social and cultural
rights. Recently, Israeli occupying forces imposed further restrictions on the
movement of Palestinian civilians between the north and south of the Gaza
Strip. In the West Bank, Israeli
occupying forces continued to impose a strict siege on Palestinian communities
and restrict the movement of Palestinian civilians. They also continued to
close permanent military checkpoints, erected temporary ones on main and branch
roads and imposed curfews on a number of Palestinian communities.
In a step aimed at maintaining control over the Gaza
Strip, Israeli occupying forces established a new military post and observation
tower to the west of “Netzarim” settlement, south of Gaza City, and a
new observation tower along the eastern border of the Gaza Strip. They also equipped another observation tower
along the border with a camera. It is
worth noting that there are approximately 65 Israeli military posts inside and along
the borders of the Gaza Strip, with high observation towers that are often used
to shell Palestinian residential areas. PCHR’s field workers reported that there is an Israeli military post every
2 kilometers along the border between the Gaza Strip and Israel.
Shelling of, and Encroachment into Palestinian Areas
and Attacks on Palestinian Civilians and Property
Thursday, 4 December 2003
At approximately 08:00, Israeli occupying forces positioned
in military locations in the vicinity of “Gani Tal” settlement, northwest of
Khan Yunis, opened fire at Palestinian houses and agricultural areas in
al-Rabwat al-Gharbiya area to the east. A Palestinian woman, Kulthoum Darwish al-Astal, 40, was wounded by a
live bullet in the back. At the time of the attack, al-Astal was inside her
house, approximately 300m away from the source of fire.
At approximately 19:30, Israeli occupying forces,
reinforced by heavy military vehicles, moved into the old town of Nablus, to
search for allegedly wanted Palestinians. A number of Palestinian children gathered and threw stones at the
Israeli military vehicles. Immediately,
Israeli soldiers fired at the children, wounding 15-year-old Ahmed Salama
‘Abdul Fattah with a live bullet in the back.
Friday, 5 December 2003
At approximately 10:00, Israeli occupying forces,
reinforced by a tank and a military bulldozer, moved approximately 80m into al-Rabwat
al-Gharbiya area in the northwest of Khan Yunis. Under cover of indiscriminate
shelling, they leveled areas of land and partially destroyed a
200-square-meter, 2-storey house owned by Mustafa ‘Olayan al-‘Aqqad. The 8
residents had already vacated the house, following frequent Israeli shelling of
the area.
In the evening, in an excessive use of force, Israeli
occupying forces shot dead a Palestinian child working as a baggage porter at
Rafah Terminal on the Egyptian border.
According to PCHR’s investigations, at approximately
18:00, the Israeli civil liaison asked their Palestinian counterparts to vacate
the external gate of Rafah Terminal, claiming that there was a mysterious
object near the barbwire adjacent to the gate. As the electricity was off, the
area in question was in darkness. A few minutes later, Israeli soldiers at the
terminal opened fire at the area close to the gate, sending people running for
cover from the Israeli gunfire that continued for approximately 30 minutes.
16-year-old Jihad Mousa Hassan al-Akhras, who worked as a baggage porter at
Rafah Terminal, was near the Palestine Cafeteria approximately 30m away from
the terminal gate, waiting to receive his mother who was returning from Egypt and
to carry travelers’ baggage. When the shooting stopped, workers at the terminal
and Jihad’s brothers began to search for him. Some time later, the Israeli
military liaison informed their Palestinian counterparts that there was a body
in the area. The body remained on the
ground until the following morning, Saturday, 6 December 2003 and at
approximately 08:00, a number of women from Jihad’s family attempted to enter
the area where his body lay, but were refused entry by Israeli soldiers who forced
them back. An hour later, Israeli
occupying forces allowed 3 Palestinian security officers to move the body into
the terminal, where it was checked by Israeli soldiers. At approximately 10:30, the body was transferred
by ambulance to Martyr Mohammed Yousef al-Najjar Hospital in Rafah. According to medical sources, the child was
hit by numerous live bullets throughout the body. It is worth noting that one
of the victim’s brothers, Wa’el, 28, was killed on 15 March 2003 by a live
bullet fired by Israeli soldiers, while he was near his house, adjacent to the Rafah
Terminal.
Saturday, 6 December 2003
At approximately 08:30, Israeli occupying forces
moved into Wadi al-Hariya neighborhood in the south of Hebron. They raided the
house of Salah ‘Abdul Qader ‘Amru, 32 and attempted to arrest him, claiming
that he is wanted by Israeli authorities. Israeli soldiers forced the 13
residents of the house out and detained them for 2 hours, while thoroughly
searching the house. It was the third time in less than one month that Israeli
occupying forces had raided and searched the house.
Sunday, 7 December 2003
At approximately 08:00, Israeli occupying forces,
reinforced by heavy military vehicles, including a bulldozer, moved
approximately 200m into al-Rabwat al-Gharbiya area in the northwest of Khan
Yunis. Under cover of indiscriminate shelling, they razed areas of Palestinian
agricultural land:
1. They
razed a 1.5-donum area of agricultural land planted with citrus and olives and
destroyed an irrigation network owned by Mousa Mohammed Salman Abu
‘Owaili.
2. They
razed a 1-donum area of agricultural land planted with palms and destroyed the
fence surrounding the land owned by Mohammed Ramadan Fares.
3. They
razed a 500-square-meter area of agricultural land planted with olives owned by
Fu’ad Mousa al-Agha.
4. They
razed a 300-square-meter area of agricultural land planted with olives and
palms and destroyed an irrigation network owned by Salah ‘Abdul Ra’ouf ‘Abdul
Ghafour.
At approximately 19:00, Israeli occupying forces
moved into the southern part of Tulkarm and surrounded a mourning service being
held for the death of a member of the al-Jallad family. Israeli soldiers raided
the area and checked the people expressing their condolences, before arresting
10. They took the detainees to the headquarters of the Israeli military liaison
in the west of the town and interrogated them for several hours. They later released
8 and kept the remaining 2 in Israeli custody.
At approximately 20:00, Israeli occupying forces
moved into Abu Sunaina neighborhood in the south of Hebron and raided a number
of Palestinian houses. They surrounded the house of ‘Ali Mohammed ‘Aashour and
forced its residents and those of neighboring houses (numbering 45 people) to
evacuate the buildings. The residents were forced to remain in the street until
22:00, at which point Israeli forces withdrew without from the area. No arrests
were reported.
Monday, 8 December 2003
At approximately 15:00, Israeli occupying forces
positioned in military locations in the vicinity of “Neve Dekalim” settlement,
west of Khan Yunis, opened fire at the Khan Yunis refugee camp and al-Nimsawi
neighborhood to the east. A Palestinian schoolchild, Fatema Mousa Khalafallah,
10, was wounded by a live bullet in the chest while she was in her school
approximately 700m away from the source of fire.
At approximately 18:00, Israeli occupying forces
moved into ‘Aaida refugee camp, northwest of Bethlehem. They raided and
searched the house of Mustafa Mohammed Abu ‘Aker’s and held the family for more
than 40 minutes. When they withdrew,
they arrested the owner’s son, ‘Ammar, 20.
Tuesday, 9 December 2003
At approximately 12:00, more than 15 Israeli heavy
military vehicles moved approximately 150m into al-Brazil neighborhood near the
Egyptian border, south of Rafah. They opened fire at Palestinian houses and
streets, wounding 2 Palestinians civilians:
1. Yousef
Mahmoud al-Mughari, 22, wounded by 3 live bullets in the right shoulder and
both hands, and lost 2 fingers; and
2. Ahmed
‘Ata Qandil, 29, wounded by shrapnel in the right thigh.
In the evening, in an excessive use of force, Israeli
occupying forces shot dead a Palestinian child in Qalandya refugee camp, north
of Jerusalem.
According to PCHR’s investigations, at approximately
17:00, a number of Palestinian children gathered and threw stones at Israeli
soldiers positioned at Qalandya military checkpoint on the Ramallah–Jerusalem
road, north of Jerusalem. Immediately,
Israeli soldiers fired at the children, killing 16-year-old Fares Ibrahim
Mohammed Jamzawi with a live bullet in the left eye. According to eyewitnesses,
Israeli soldiers shot the child from a distance of approximately 70m. According
to PCHR’s documentation, 17 Palestinians under the age of 20, including 7 under
the age of 16, have been killed by Israeli soldiers in the same area since the
beginning of the current Intifada.
Wednesday, 10 December 2003
At approximately 18:00, Israeli occupying forces that
had moved into al-Brazil neighborhood in the south of Rafah, adjacent to the
Egyptian border, opened fire at Palestinian houses in the neighborhood. A Palestinian civilian, Ahmed Mustafa
al-Maniarawi, 20, was wounded by a live bullet in the right foot.
PCHR’s field worker in Rafah reported that before
their withdrawal from the neighborhood at approximately 21:15, they planted explosive
devices inside a 160-square-meter, 2-storey house owned by Kamel Mahmoud ‘Abdul
Hadi Darwish and destroyed it. As a
result, 6 neighboring houses were also destroyed. Darwish’s house was partially destroyed by
Israeli occupying forces on 17 June 2003. PCHR has not obtained details of the other 6 houses that were destroyed
as the residents of the area had vacated the houses.
Collective Punishment against Families of Wanted
Palestinians and Those Who Have Carried out Armed Attacks against Israeli
Targets
In violation of international humanitarian law, in
particular the Geneva Convention Relative to the Protection of Civilian Persons
in Time of War of 1949, article 33 of which prohibits punishing any protected
person for “an offence he or she has not personally committed,” Israeli forces
took retaliatory measures against the families of Palestinians Israel alleges have ordered,
facilitated, or carried out attacks against Israeli targets.
At approximately 00:10 on Thursday, 4 December 2003,
Israeli military vehicles moved into Sha’aba neighborhood in the northeast of
Hebron. They raided the house of ‘Abdul
Rahman ‘Abdul Mon’em al-Fakhouri, 58. They forced the three families (10 people) living in the house to vacate
it in 10 minutes. Then, they planted
explosives inside the first floor of the 190-square-meter, 2-storey house. At approximately 02:45, they detonated the
explosives on the first floor, totally demolishing the building, and severely
damaging a nearby well.
According to al-Fakhouri, Israeli soldiers
photographed the house twice; once before its destruction and another following
its destruction. Al-Fakhouri is the
father of ‘Alaa’ ak-Din al-Fakhouri, 23, who was killed together with Walid ‘Obaido
while carrying out an armed attack against Israeli occupying forces in the
center of Hebron on 8 June 2003.
A New Israeli Military Post and an Observation Tower
in Gaza and Khan Yunis
On Saturday morning, 6 December 2003, Israeli
occupying forces erected a new observation point on the eastern border of the
Gaza Strip opposite to ‘Abasan village, east of Khan Yunis. The observation point is a cylindrical tower
surrounded by sand barriers. Israeli occupying forces claim that the
establishment of such observation towers is to provide security for Israeli
occupying forces, however, these positions are frequently used to
indiscriminately fire into Palestinian residential areas.
On the same day, Israeli occupying forces installed a
video camera at a military location on the eastern border of the Gaza Strip
opposite to Khuza’a village, east of Khan Yunis.
On Sunday, 7 December 2003, Israeli occupying forces
established a new military post, approximately 300m to the west of “Netzarim”
settlement, on Palestinian land in Sheikh ‘Ejlin neighborhood to the south of
Gaza City. The military post is linked
to the “Netzarim” settlement by a settler road that was paved recently. Israeli occupying forces erected a 6-meter-high
observation tower inside the military post. The tower was positioned on a 5-meter-high hill of sand. This new Israeli military location overlooks
the coastal road, approximately 120m to the west. Indiscriminate fire from the tower poses a
serious threat to Palestinians who travel on the road to and from Gaza
City. A tank has been permanently
positioned inside the military post. The tank often indiscriminately fires
shells into the surrounding areas. It is
worth noting that Israeli occupying forces seized a 3-storey house belonging to
the Abu Khousa family, a few meters away from the new military post, at the
beginning of the current Intifada, and are still holding it under their
control.
Continued Siege on the OPT
Israeli occupying forces have continued to impose severe
restrictions on the movement of Palestinian civilians and resources in and out
of the Gaza Strip and the West Bank, including Jerusalem.
Gaza Strip
Israeli occupying forces have continued to impose a
strict siege on Palestinian communities and restrict movement of Palestinian
civilians in the Gaza Strip. They have
also maintained the closure of a number of main and branch roads in the Gaza
Strip by Israeli soldiers stationed at Israeli military checkpoints. Such restrictions on freedom of movement are
in contravention of international human rights law to which Israel is a state
party, including the International Covenant on Economic, Social and Cultural
Rights.
Recently, Israeli occupying forces have imposed
tighter restrictions on the movement of Palestinian civilians between the north
and south of the Gaza Strip. Israeli
occupying forces positioned at the Abu Houli and al-Matahen checkpoints on
Salah al-Din Street, the main road between the north and south of the Gaza
Strip, have continued to obstruct movement of Palestinian civilians. Palestinians are frequently subjected to
humiliating and degrading treatment at these checkpoints which are only open
for a maximum of 2 hours per day.
At approximately 15:00 on Friday, 5 December 2003,
many Palestinian vehicles were trapped between the two checkpoints when Israeli
occupying forces simultaneously closed both of them. They forced a number of vehicles to move into
an enclosed area and began to search the vehicles. They ordered Palestinian civilians to get out
of the vehicles, checked their ID cards, and then detained them in the area
until 18:00. During this time, Israeli
soldiers sporadically opened fire above the vehicles. Later, Israeli occupying forces claimed that
they arrested a Palestinian activist. The same measures were implemented again
on Sunday, Monday and Wednesday, 7, 8 and 10 December 2003.
Israeli occupying forces have tightened the siege
imposed on the al-Sayafa area between “Dogit” and “Elli
Sinai” settlements in the northern Gaza Strip. Palestinian civilians moving in and out of
the area are now subjected to prolonged physical checks by Israeli soldiers
stationed at the only entry point into the area. They are only allowed to move in and out of the
area between 06:30 and 8:30 and between 14:00 and 16:15. Israeli soldiers force male Palestinians to
reveal the upper part of their body while being escorted to the checking
area. Female Palestinians are searched
by female Israeli soldiers. Entry of foodstuffs
into the area is only allowed twice a week. Each load of foodstuffs is checked by a trained dog. When the dog is absent, entry of foodstuffs
is not allowed. Furthermore, school children are forced to cross long distances
on foot to reach their schools. When
they return from their schools, they are made to wait at the entrance of the
area until the designated entry times, which are subject to change.
Israeli occupying forces have also continued to
impose a strict siege on al-Mawasi area in the southern Gaza Strip, restricting
movement into and out of the area. Israeli
occupying forces have increased restrictions on movement of Palestinians
through al-Tuffah checkpoint at the entrance to al-Mawasi area, west of Khan
Yunis. Male Palestinians under 35 years
old and female ones under 25 have been denied passage across the
checkpoint.
The West Bank
Israeli occupying forces have continued to impose a
strict siege on Palestinian communities in the West Bank and restrict movement
of Palestinian civilians. They have
maintained permanent military checkpoints and have erected many temporary ones
on the main and branch roads of Palestinian cities and towns in the West
Bank. Israeli occupying forces use these
military locations to severely restrict the movement of Palestinians living in
the West Bank, often not allowing Palestinians to travel outside of the town or
city in which they live. Israeli
occupying forces have also imposed curfews on a number of Palestinian
communities in the West Bank. These
curfews are often enforced through the use of sniper fire.
Salfit
On Monday morning, 8 December 2003, Israeli occupying
forces imposed a curfew on the villages of Qarawat Bani Hassan, Bedia, Masha,
Deir Ballout, al-Zawia and Rafat, west and south of Salfit. A PCHR field worker reported that at
approximately 05:00, Israeli occupying forces moved into these villages and
blocked all roads leading to them. Israeli soldiers also closed a military checkpoint at the entrance of
Deir Ballout village. As a result,
dozens of Palestinian vehicles were trapped between the villages of Deir
Ballout and Rafat for more than 4 hours. Israeli occupying forces strengthened their presence on the roads
leading into the area and erected numerous checkpoints on the so-called
“Tras-Samaria” road. They also imposed a
closure at the Za’tara checkpoint on the road linking Nablus and Ramallah.
Nablus
On Thursday and Friday, 4 and 5 December 2003,
Israeli soldiers positioned at Beit Eiba checkpoint, west of Nablus, denied
passage for Palestinian medical personnel and ambulances to nearby villages,
claiming that according to the law, an ambulance can move with a patient, one
physician and one medic only. The
villages near Nablus lack medical personnel. As a result, medical personnel have to be sent into the villages from
Nablus.
According to these medical personnel, Israeli
soldiers want them to exit the ambulances and then cross the military
checkpoints on foot before reentering the ambulances on the other sides of
checkpoints. Considering the long delays
imposed on civilians that cross the checkpoints on foot and the large amount of
checkpoints that exist, this policy cause the ambulances to be delayed for
several hours. As a result, such a
policy seriously endangers the lives of all patients in the villages who may
potentially need emergency medical attention.
A Palestinian Prisoner Dies in Custody in an Israeli
Prison
On Monday morning, 8 December 2003, Bashir Mohammed
Ahmed ‘Owais, 27, from Balata refugee camp east of Nablus, 27, a Palestinian
who had been in custody by Israeli occupying forces, died at ‘Affoula Hospital
inside Israel.
According to PCHR’s investigations, at approximately
12:00 on the same day, the administrations of ‘Affoula Hospital and Mageddo
Prison informed the victim’s family that he had died. The victim had been placed under 6-month
administrative detention in Mageddo Prison.
According to the victim’s brother, the family was
informed by the Palestinian Prisoners Association in Nablus that Bashir was
arrested by Israeli occupying forces on 1 November 2003 at an Israeli military
checkpoint between Tulkarm and Nablus in the north of the West Bank. He was taken to Hawara detention center,
south of Nablus. Three days later, the
family learnt that he was transferred to Salem detention center, west of Jenin,
where he was interrogated for 11 consecutive days. Later, he was transferred to Mageddo Prison
inside Israel. Bashir’s brother added
that he had appeared before the Israeli military court in ‘Ofar Prison on 1
December 2003, when he was sentenced to 6-months administrative detention. He was then taken back to Mageddo
Prison.
During his detention and various transfers, Bashir had
complained for 4 consecutive days of acute headaches. He was taken more than once to the prison’s
clinic, where he was given Acamol, an anti-headache drug. On Thursday evening, 3 December 2003, he was
taken to the clinic while suffering from an acute headache. He was given an analgesic injection to make
him sleep. When awoke the following
morning, he fell onto the ground and fainted. His fellow detainees intervened with the prison’s administration, which
finally called for an ambulance to evacuate him to ‘Affoula Hospital inside
Israel under a tight escort. A medical
check revealed that he was suffering from a brain clot and condition continued
to deteriorate until he died on 8 December. The victim’s brother asserted that
he was not suffering from any disease, and claims that his death was caused by
being subjected to torture and from medical negligence by the prison’s administration.
*****
PCHR calls:
1. Upon the international community to
provide immediate and independent international protection for
the Palestinian people in the Occupied Palestinian Territories.
2. Upon the High Contracting Parties to
the Fourth Geneva Convention of 1949 to reconvene to take effective
measures to protect Palestinian civilians in the Occupied Palestinian
Territories, in accordance with their obligations under article 1 and article
146.
3. Upon the international community to
investigate and prosecute those responsible for grave breaches perpetrated in
the Occupied Palestinian Territories.
4. Upon the ICRC to enhance its presence,
expand its activities, and intensify its field operations throughout the
Occupied Palestinian Territories.
5. Upon the European Union to activate
Article 2 of the Euro-Israeli Association Agreement, which provides that Israel
must respect human rights.
6. Upon the international community to
provide humanitarian and medical assistance for the Palestinian people, whose
living conditions are continuing to deteriorate as a result of the continued
siege imposed by Israeli occupation forces on the entire Occupied Palestinian
Territories.
“END”
Public Document
**************************************
For more information please call PCHR office in Gaza, Gaza Strip, on
+972 8 2824776 – 2825893
PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip.
E-mail:pchr@pchrgaza.org, Webpage http://www.pchrgaza.org
