The Israeli army’s use of lethal force
against Palestinian children during the last 8 weeks, constitutes an
extreme violation of basic human rights principles as laid out in the
Universal Declaration of Human Rights, the Fourth Geneva Convention and
the United Nations Convention on the Rights of the Child (CRC). The
Israeli army is failing to abide by its own guidelines and open-fire
regulations as well as international regulations for crowd control, by
making use of tear gas, rubber-coated metal bullets and live ammunition,
heavy machine gun fire and rockets to fight Palestinians demonstrators,
the majority of whom are armed only with stones and Molotov cocktails.
From September 29 to November 19 2000, Israeli military forces have
killed 41 Palestinian children under the age of 16 – please see the
enclosed list. As several human rights organizations have noted this
strongly suggests an excessive use of force by the Israeli troops.
The excessive use of force by the Israeli
military forces in the ongoing clashes is a direct violation of both
international human rights and humanitarian law. In particular, it
contravenes Israel’s obligations under the United Nations Convention on
the Rights of the Child (CRC), which was ratified by Israel in November
of 1991.
Article 2 of the CRC explicitly declares
that “States Parties shall respect and ensure the rights set forth in
the present Convention to each child within their jurisdiction…” Hence,
Israel is responsible for the implementation of the provisions of the
CRC in the Occupied Territories. Article 4 states that the States
Parties are obliged to take all appropriate legislative, administrative,
and other measures for the implementation of the rights recognized in
the Convention. In our view, Israel has violated the following articles
of the CRC:
Article 6.2 “ State Parties shall ensure,
to the maximum extent possible, the survival and development of the
child.”
Article 38.4 “In accordance with their
obligations under international humanitarian law to protect the civilian
population in armed conflicts, States Parties shall take all feasible
measures to ensure protection and care of children who are affected by
an armed conflict.”
We are extremely disturbed by the
unacceptably high numbers of child casualties, and in particular by the
seeming lack of investigations into what appear to be clear violations
of Israel’s obligations under international treaties. We would be
grateful for a response to the following questions:
1)
Have investigation files been opened on the killing of the 41
children on the enclosed list? If so, will Palestinian witnesses be
consulted?
2)
What pro-active steps is the Israeli army taking to ensure that
soldiers abide by the United Nations Convention on the Rights of the
Child?
3)
What pro-active steps is the Israeli army taking to ensure that
soldiers abide by the open-fire regulations?
4)
Why does the Israeli army not use non-lethal instruments of crowd
control as a first step in attempting to disperse protesters?