PRESS RELEASE

September 1, 2004

 

A Comment on the Situation: August

 

This press release details the continuing human rights abuses committed during August by both Palestinians and Israelis, adding further explanation to the data regarding the numbers of fatalities. August was a month characterized by instability for both the Israeli and the Palestinian leaderships and this instability has impeded the peace process. The numbers of fatalities and the incidents of human rights abuse on both sides remain at unacceptable levels.

 

 

Israeli Violations against Palestinians

 

During August the Israeli military forces continued operations in the West Bank and Gaza, including the destruction of Palestinian property, missile strikes and shootings. These operations resulted in the death and injury of dozens of Palestinians, as indicated in the monthly statistics. The numbers of Palestinian fatalities has fallen when compared with the figures for July. However it is of particular concern that ten of the victims were under 18. The youngest were children aged just eight and nine and who died, in separate incidents, after being shot by Israeli forces.

 

PHRMG calls upon the Israeli authorities to recognize their obligations under international law and to take immediate steps to reduce the unacceptable number of casualties, particularly of civilians including children. Children, both Israeli and Palestinian, have suffered disproportionately in the conflict and PHRMG condemns all attacks on children.

 

On 18th August Israeli forces attempted to assassinate Hamas leader Sheik Ahmed al Ja’abari near his home in Gaza City. The attack by military aircraft resulted in the deaths of five people, four of whom were members of the intended victim’s family. PHRMG is opposed to Israel’s policy of extra-judicial ‘targeted assassinations’ which circumvent proper legal channels and risk, as in this case, death and injury to innocent civilians. PHRMG strongly condemns the practice of assassination and call upon Israel to cease this and other acts of violence against the Palestinians.

 

Restrictions on freedom of movement for Palestinians in the Occupied Territories intensified through the use of an increasing number of roadblocks and checkpoints. Palestinians were forbidden from using certain roads in the Occupied Territories. As a result of all these restrictions many Palestinian communities have become increasingly isolated. Such restrictions did not apply to Israeli settlers. Again PHRMG calls upon Israel to end restrictive and discriminatory acts which are contrary to the obligations of international law.

 

Construction of the West Bank barrier continued, notwithstanding the International Court of Justice’s opinion that its route and proposed route were contrary to international law. On 19th August the Israeli High Court gave the Government 30 days to produce a statement assessing the ramifications of the decision of the ICJ. In addition Israeli Defence Minister Shaul Mofaz approved a new route for the barrier to take into account an earlier of the High Court that the wall should be re-routed to avoid hardship to Palestinians. This route is yet to gain the necessary approval from the Israeli cabinet.

 

While PHRMG welcomes these developments, it remains concerned that the wall will further exacerbate hardships suffered by Palestinians by restricting their freedom of movement and destroying their homes and land. In addition the wall continues to be built on land inside the ‘Green Line’ and PHRMG believes that this will impede the creation of a viable Palestinian state in the future. PHRMG therefore demands that the wall be removed completely.

Ariel Sharon’s plan of ‘disengagement’ from Gaza by removing the settlements there has been thrown into doubt by his precarious political situation. His Likud Party voted against a coalition with the Labor Party that was necessary for withdrawal from Gaza. However whatever the future for Gaza there is no comprehensive plan to withdraw settlements from the West Bank. Indeed, settlement is increasing in the West Bank, with blessing from the Americans who on 21st August altered their position and declared that they would not oppose construction within existing settlements. This is seen by many as giving the green light not just to expansion but to new settlements. PHRMG is of the opinion that continuing to expand settlements and constructing new ones is by nature a bar to a peaceful solution in Israel/Palestine.

 

In a welcome move on 6th August the Israelis opened the Rafah crossing between Gaza and Egypt after 20 days of closure. However this was only to incoming travelers: those wishing to leave Gaza via Rafah were prevented from doing so until 9th August. Even then men aged between 16 and 35 remain prohibited from leaving Gaza this way. In addition the opening hours remain restricted and unreliable and the border remains liable to intermittent closure. The long term closure of the Rafah crossing caused great hardship to hundreds of Palestinians who were trapped on the Egyptian side of the border in severe conditions. PHRMG calls upon the Israeli authorities to restore free movement between Gaza and Egypt.

 

Increasing numbers of Palestinian prisoners in Israeli jails joined a hunger strike. The strike started on 15th August and on 23rd August a Prison Service spokesperson stated that approximately 2,900 prisoners were taking part. Palestinian officials put the figure at 3,200. The prisoners are demanding changes to their conditions of detention including the implementation of internationally agreed human rights standards, improvements in the visiting and recreation regime, an end to solitary confinement, improved medical care and improvements in food and other facilities. Yasser Arafat expressed support for the hunger strikers, while an Israeli minister Tzahi Hanegbi declared that he did not care if they starved to death.

 

PHRMG condemns the inhumane treatment that Palestinians face in Israeli jails and supports calls for the implementation of prison policies that conform to human rights norms. PHRMG also condemns the attitude shown by the Israeli authorities to the striking prisoners, including the withdrawal of salt supplements which could lead to their deaths and inhumane comments made in public by senior Israeli politicians.

 

Of particular concern to PHRMG is the continued administrative detention of Abdul Latif Gheith who was a member of the Board of Directors of PHRMG as well as being Chairman of the Board of Trustees of Addameer Prisoners Support and Human Rights Association. Mr Gheith was arrested on 29th July at Qalandiya checkpoint north of Jerusalem. He remains held without charge and without being given a reason for his detention. PHRMG is opposed to the practice of administrative detention which is contrary to internationally recognized human rights standards. In particular we are concerned that Mr Gheith’s detention is symptomatic of efforts by the Israeli authorities to silence the voices of those working for human rights and social justice. PHRMG calls upon Israel to release Mr Gheith immediately.

 

Following the suicide bombings on Beersheba (see below) Israeli forces destroyed the home of one of the bombers in Hebron. While PHRMG absolutely rejects violent attacks on Israeli citizens, it likewise condemns house demolitions and other acts of violence committed against the families of the bombers. Such actions constitute collective punishment which is prohibited under international law. If there is cause to believe that family members assisted the bombers, PHRMG calls upon the Israeli forces to conduct a proper investigation of the matter and bring the suspects to trial, rather than retaliating in a forceful and arbitrary manner.

 

 

Palestinian Violations against Israelis

 

Two suicide bombings on the last day of the month killed 16 Israelis in Beersheba, including a three year old child. These were the first suicide bombings in Israel since March. There were two attempted bombings of Israeli targets by Palestinians but these did not reach their targets and the victims were Palestinians (listed under ‘Palestinian killed by bombings’).

 

PHRMG condemns attacks on Israeli citizens and is particularly concerned when children are killed. PHRMG calls on Palestinians to protest against the occupation in non-violent ways.

 

One settler was killed and his killer was in turn killed. While appreciating that settlers themselves commit acts of violence against Palestinians, PHRMG condemns violent or retaliatory acts against settlers.

 

 


 

Palestinian Violations against Palestinians

 

The August figures show a decrease in the numbers of Palestinians killed by the Palestinian Authority or by Palestinian gunfire, despite ongoing conflicts within the Palestinian leadership. This decrease is to be welcomed. However three of the deaths were attributable to the murder of three alleged collaborators who were killed when masked men entered their prison. The men set off bombs in the prison, killing one of the prisoners. Later they shot two more while they were receiving treatment for shrapnel wounds in hospital. PHRMG strongly condemns the extra-judicial killing of alleged collaborators and calls upon the Palestinian Authority to take steps to improve security for all Palestinians.

 

In Gaza a state of lawlessness prevailed, a result in part of the continuing Israeli siege of the territory as well as conflict within the Palestinian Authority. Gun battles between PA security forces and militants, and kidnappings, were symptoms of this conflict. On Wednesday 25th August gun men opened fire on a convoy carrying the deputy Palestinian Intelligence Chief, Tareq Abu Rajab, in the Gaza Strip. Rajab was seriously wounded. Two of his bodyguards were killed. It is not clear who was responsible for the attack, but it is thought likely that it is related to the factional violence within the Palestinian leadership.

 

Two Palestinian cabinet ministers resigned from the PA, one of them (Justice Minister Nahed Al-Reyes) citing the ongoing ‘chaos and unrest’ as his reason for resignation. it is thought that he was also frustrated that Palestinian courts were not sufficiently independent of the Government.

 

PHRMG takes the view that inter-factional violence amongst Palestinians and a willful disregard for human rights can only damage a move towards peace, and calls upon a commitment to non-violence and respect for human rights among the Palestinian leadership.

 

 

Conclusion

 

Continuing Israeli disregard for international law in the construction of the wall and of new and ever expanding settlements also constitutes a grave impediment to peace. Israel continues to deny its responsibilities as an occupying power under the 4th Geneva Convention and instead engages in serious and ongoing human rights abuses of Palestinians living in the Occupied Territories. PHRMG calls on the international community and the High Contracting Parties to the 4th Geneva Convention of 1949 to condemn the actions of Israel in the OPTs and put pressure on Israel to recognize that it is bound by that Convention and to comply with its provisions.

 

The inability of the Palestinian leadership to themselves conform to recognized human rights standards and to ensure the security of Palestinians is also of grave concern, as is the current fighting between different factions in the Palestinian leadership.