Tag: Palestinian Centre for Human Rights

PCHR report: Israeli attacks on fishermen in the Gaza Sea

22nd October 2014 | Palestinian Centre for Human Rights | Gaza, Occupied Palestine

Israeli Naval forces continued to carry out attacks on Palestinian fishermen in the Gaza Strip during the reporting period (1 – 30 September 2014), including 18 shooting incidents that resulted in the injury of a fishermen while fishing; 4 chasing incidents that led to the arrest of 11 fishermen; and confiscation of 4 fishing boats and 22 pieces of fishing nets belonging to Palestinian fishermen in the Gaza Strip.

The Israeli naval forces did not comply with the ceasefire agreement concluded between Israel and Palestinian armed groups under Egyptian auspices on 26 August 2014. This agreement includes allowing Palestinian fishermen to sail within 6 nautical miles in the Gaza Sea. According to PCHR’s investigations, all attacks took place within the distance of 6 nautical miles, which proves that Israeli forces’ policies aim to tighten restrictions on the Gaza Strip’s fishermen and their livelihoods.

Palestinian fishermen work on Jan. 24, 2009 near the border with Egypt (AFP/File, Said Khatib) — Palestinian fishermen work on Jan. 24, 2009 near the border with
Egypt (AFP/File, Said Khatib)

Violations of the International Humanitarian and Human Rights Law

Israel’s attacks against Palestinian fishermen, who do not pose any threat to Israeli soldiers, in the Gaza Strip constitute a flagrant violation of international humanitarian and human rights law, relevant to the protection of the civilian population and respect for its rights, including every person’s right to work, and the right to life, liberty and security of person, as codified in Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights (ICCPR), despite the fact that Israel is a State Party to the Covenant. Furthermore, these attacks occurred in a time where the fishers did not pose any threat to the Israeli naval troops, as they were doing their job to secure a living. Israeli violations in the reporting period were as follows:

First: Shooting Incidents

During the reporting period, PCHR documented 18 cases in which Israeli forces fired at Palestinian fishermen in the sea off the Gaza Strip shore. As a result, a fisherman was injured.

On 17 September 2014, Israeli forces stationed on watchtowers along the coastal borderline, northwest of al-Sayafa area, north of Beit Lahia, opened fire at a group of fishermen who were near the Access Restricted Area (ARA). As a result, Jom’aah Ahmed Mohammed Zayed (69), from Beit Lahia, was wounded by a bullet to the right leg cutting one of the veins. It should be mentioned that Zayed was standing 200 meters away from the coastal border fence and directing his sons, who were fishing inside the waters. He was taken to Kamal ‘Ewan Hospital in Beit Lahia to receive medical treatment and was then transferred to Shifa Hospital in Gaza City where medical sources described his injury as moderate.

Second: Arrest of Fishermen:

PCHR documented incidents in which Israeli naval forces arrested and chased 11 fishermen while they were sailing within about 1.5 nautical mile off northern Gaza and Gaza City shore.

At approximately 06:30 on 03 September 2014, Israeli gunboats opened fire at Palestinian fishing boats sailing within one nautical mile off Beit Lahia shore in the northern Gaza Strip. An Israeli gunboat surrounded a Palestinian fishing boat boarded by Mohammed Ishaq Mohammed Zayed (18) and Mousa Talal ‘Ata al-Sultan (24), both from al-Salateen neighborhood in Beit Lahia, while sailing around 800 meters inside the waters. The Israeli naval soldiers forced the two fishermen to stop fishing, jump into the water and swim towards the Israeli gunboat. The Israeli soldiers then arrested them and confiscated their boat and pieces of fishing net.
At approximately 05:00 on 09 September 2014, Israeli gunboats opened fire at Palestinian fishing boats. An Israeli gunboat surrounded a Palestinian fishing boat boarded by Tariq and ‘Issam ‘Abdel Bari Mohammed al-Sultan (18) and (21) respectively, both from al-Salateen neighborhood in Beit Lahia, while sailing 1.5 nautical mile off the Beit Lahia shore. The Israeli naval soldiers surrounded the boat and arrested the two fishermen and confiscated their boat and pieces of fishing net.
At approximately 06:30 on 09 September 2014, Israeli gunboats heavily opened fire at Palestinian fishing boats sailing off Beit Lahia shore in the northern Gaza Strip. An Israeli gunboat surrounded a boat boarded by Bahaa’ Yousif Mohammed al-Sultan (25) and Ahmed As’ad Mohammed al-Sultan (22), both from -Salateen neighborhood in Beit Lahia, while sailing 1.5 nautical mile off the Beit Lahia shore. The Israeli naval soldiers arrested the two fishermen and confiscated their boat and pieces of fishing net.
At approximately 15:00 on 22 September 2014, Israeli gunboats opened fire at the Palestinian fishing boats sailing off al-Zahra shore, southwest of Gaza City. The gunboats then surrounded a fishing boat boarded by 5 fishermen from al-Shati refugee camp. The Israeli naval troops forced the five fishermen to stop fishing, jump into the water and swim to the Israeli gunboat. The Israeli naval soldiers then tied the fishermen’s hands and arrested them taking them to Ashdod Seaport. At approximately 08:00 on the next day, the Israeli forces released the fishermen, but kept their boat and fishing equipment in custody. The fishermen were identified as: Sofian Mohyi al-Deen Kollab (47); Mohammed Yousif Abu ‘Odah (24); Mustafa Haidar Abu ‘Odah (25); Ahmed Ziyad al-Sharif (32). and ‘Abdel Rahim Abu Selmiyah (30).

Third: Confiscation of Fishing Boats

During the reporting period, PCHR documented chasing incidents and confiscation of 4 fishing boats and other fishing equipment (pieces of fishing nets).

On 03 September 2014, Israeli gunboats opened fire at a Palestinian fishing boat boarded by two fishermen sailing off al-Waha shore, northwest of Beit Lahia in the northern Gaza Strip. The Israeli gunboats then surrounded the boat and arrested the two fishermen and confiscated their boat and fishing net.
On 09 September 2014, Israeli gunboats stationed off al-Waha shore, northwest of Beit Lahia in the northern Gaza Strip, opened fire at Palestinian fishing boats sailing off Beit Lahia shore. The Israeli gunboat surrounded a Palestinian fishing boat boarded by two fishermen. They arrested the fishermen and confiscated their boat and pieces of their fishing net.
On 09 September 2014, Israeli gunboats opened fire at Palestinian fishing boats and then surrounded a fishing boat. The Israeli naval soldiers arrested two fishermen from al-Salateen neighborhood in Beit Lahia and confiscated their boat and pieces of fishing net.

Israeli forces engaged in punitive destruction of homes in the Gaza Strip

10th July 2014 | Palestinian Center for Human Rights | Occupied Palestine

The Palestinian Centre for Human Rights (PCHR) is strongly concerned by Israel’s conduct of its offensive on the Gaza Strip, and in particular by the widespread punitive targeting of homes belonging to members of Hamas and Islamic Jihad.

In recent days, the Israeli air force has conducted two phase targeting of fighters’ homes whereby a ‘warning’ is issued to the house in question so that it may be evacuated. This warning takes the form of either a dud missile (termed ‘roof knocking’) or a phone call. The house is then subsequently targeted and destroyed, typically 15 minutes later.

Photo by Palestinian Center for Human Rights

PCHR highlights that during active hostilities, only fighters and military objectives may be targeted. Civilians and civilian objects are protected from direct attack.

Article 52(2) of Additional Protocol II to the Geneva Conventions defines a military objective as: ‘those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.’

Unless a home is being used to ‘make an effective contribution to military action’ – i.e. unless it is being used to store weapons or as a base from which attacks are launched – it cannot be considered a military objective. A home cannot be classified as a military objective merely because it owned by a fighter. Instead, it must be recognised as a civilian object and protected from direct attack. Issuing a warning does not remove this protection from direct attack.

Significantly, Article 52(3) of Additional Protocol II to the Geneva Conventions clearly states: ‘In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.’

From the facts of the cases documented by PCHR, in the majority of instances there does not appear to be any military necessity justifying the destruction of Hamas or Islamic Jihad members’ homes. To-date, no secondary explosions have been documented indicating that the houses were used for weapons storage. PCHR highlight that the Gaza Strip is one of the most densely populated areas in the world, and that the targeting of homes inevitably results in significant collateral damage to individuals and property nearby.

PCHR is forced to conclude that the houses are being destroyed as a ‘punitive’ measure, targeting members of Hamas and their families. PCHR notes that Israel has recently resumed its policy of punitive house demolitions in the West Bank. This appears to be a continuation of the Dahiya doctrine, whereby civilian suffering is deliberately caused in order to act as a deterrent. This doctrine was developed during the 2006 Lebanon War, and continued during Operation Cast Lead.

The destruction of homes has resulted in a number of civilian deaths to-date. For example, in an attack on the Kaware family home in Khan Younis, 7 civilians were killed, and 28 injured, while an attack on the Hamad family home in Beit Hanoun resulted in the death of 6 civilians.

The direct targeting of civilians and civilian objects is a war crime. All suspected war crimes must be investigated and, if appropriate, those responsible must be prosecuted.

Israeli forces killed member of Palestinian armed group and wounded 3 Palestinian civilians, including a child

12th June 2014 | Palestinian Center for Human Rights | Gaza, Occupied Palestine

On Wednesday evening, 11 June 2014, 3 Palestinian civilians, including a child whose condition was described as very serious, were wounded when Israeli forces targeted a member of an armed group who was killed by two missiles launched by a drone in the northern Gaza Strip. Following the crime, Israeli forces admitted to committing the crime as their spokesperson, in cooperation with the “Shin Bet” security services, said that “ they targeted the aforementioned who was involved recently in launching dozens of rockets at the Israeli towns”, according to the Israeli claims.

According to investigations conducted by the Palestinian Centre for Human Rights (PCHR), at approximately 22:20on the aforementioned day, Israeli drones launched two missiles at a motorbike travelling near the Palestinian Naval apparatus headquarters on the coastal road, southwest of Beit Lahia in the northern Gaza Strip. The bike was ridden by Mohammed Ahmed ‘Abdel Latif al-‘Aawour (33), a member of an armed group from Beit Lahia Housing Project, who was immediately killed after the upper part of his body turned into pieces. His nephew, ‘Ali Abdel Latif Ahmed al-‘Awour (10), suffered shrapnel wounds throughout his body causing him bleeding in the brain and he entered into a coma.

Hamadah Hussein Mohammed Naser (32) from Jabalia was wounded by shrapnel in parts of his body as he was travelling in his Black Mercedes car holding registration plate No. 3-00-9206 near the targeted place. Moreover, Monther Hasan al-Masar’ie from Shati’ refugee camp was wounded by shrapnel in different parts of his body also passing by the targeted area. The body of the armed member and the three injured persons were taken to Kamal ‘Edwan Hospital in Beit Lahia. The injury of the child and Naser was described as serious, and they were both transferred to Shifa Hospital in Gaza City. Meanwhile, the injury of al-Masar’ie was described as moderate. The missiles caused two big holes in the road around 50 centimetres deep.

According to field investigations and examination of the targeted place, large numbers of Palestinian civilians, especially women and children, were on the beach of Beit Lahia and Jablia. They were terrified as a result.

It should be mentioned that when the killed was targeted, he was in al-Basmah Cafeteria owned by his nephew ‘Abdulatif on the coastal road and he took his nephew with him when he left the place.

PCHR condemns this crime, which further proves the use of extra-judicial execution and excessive force by Israeli forces against the Palestinian civilians in disregard for the civilians’ lives. Therefore, PCHR calls upon the international community to take immediate and effective actions to put an end to such crimes and reiterates its call for the High Contracting Parties to the Fourth Geneva Convention of 1949 to fulfil their obligations under Article 1; i.e., to respect and to ensure respect for the Convention in all circumstances, and their obligations under Article 146 to prosecute persons alleged to have committed the grave breaches of the Fourth Geneva Convention. These grave breaches constitute war crimes under Article 147 of the same Convention and Protocol (I) Additional to the Geneva Conventions.

PCHR calls for investigations into incidents in Yatta town

8th May 2014 | Palestinian Center for Human Rights | Yatta, Occupied Palestine

The Palestinian Center for Human Rights (PCHR) calls upon the Attorney General to seriously open an investigation into incidents that took place in Yatta town near Hebron on Monday, 05 May 2014. The incidents included beatings, arrests, house raids, and destruction of civilians’ belongings by security services. PCHR calls upon the government in Ramallah to take serious steps to compel members of security services to respect the rule of law and human rights principles that are guaranteed under the Palestinian Basic Law and international standards.

According to investigations conducted by PCHR and testimonies of victims and eyewitnesses, at approximately 09:00 on Monday, 05 May 2014, a force from the Preventive Security Service (PSS) intercepted a Chevrolet Cavalier red car near Mothalath al-Mazra’a area in Yatta town in Hebron because of raising Hamas’ flags. Mohammed Awdatallah Abu Fanar (22) was driving the aforementioned car with his wife Hanadi (20), his two daughters, and three young relatives: Noor Ismail Abu Fanar (14), Asem Mosa Abu Fanar (14), and Zakareya Ismail Abu Fanar (17). They were on their way to participate in a set-in organized in solidarity with their relative, Zaid Ismail Abu Fanar, in his father’s house in Fatouh area in the town. Zaid Ismail Abu Fanar is one of the administrative detainees in Israeli prisons, who have been on hunger strike since 24 April 2014. PSC officers ordered the aforementioned persons to get out of the car, but the driver, Mohammed, moved away quickly when Noor got out. The PSC officers chased Abu Fanar’s car via a Volkswagen mini bus to about 3 Kilometers until they reached Fatouh area. The PSC bus hit Abu Fanar’s car several times from the back in an attempt to stop it until Abu Fanar’s car crashed into the wall. The PSC officers got out of their car, took Mohammed out of his car, and started beating him severely with their legs and rifles. His wife, Hanadi, tried to defend him, but they pushed her. As a result, she fell to the ground and fainted. Some civilians tried to intervene in an attempt to push the PSS officers away from Abu Fanar family, but they opened fire to disperse the civilians who threw stones at the PSS members. As result, the PSC car was crashed.

A joint force of security services comprised of the PSS, the National Security Force, and Special Police raided Fatouh area in Yatta town accompanied by a bulldozer. They raided and searched a number of civilian houses, from which they arrested a large number of civilians. Hana Saher Awad was beaten up by the security members after they raided and searched her house without a warrant. Members of the force crashed a number of Mercedes cars belonging to civilians in the area, including a 608 Mercedes white bus belonging to Ismail Sameh Abu Fanar. In addition, the bulldozer caused damage to a number of unlicensed cars which are used by mechanics for spare parts.

On the same day, at approximately 22:00, a joint force raided Ismail Abu Fanar’s house in Zeif area in Hebron, where the solidarity tent is set up in solidarity of his son Zaid. They dispersed all people in the tent by firing live bullets in the air and tear gas canisters. Abu Fanar was beaten up with a torch by the security officers.

On Tuesday, 06 May 2014, four civilians were released while 20 ones have been so far in custody.

In light of the above, PCHR:

Calls upon the Attorney General to open a serious investigation into those incidents, especially that civilians were beaten and some belongings were damaged; and
Calls upon the government in Ramallah to take serious steps to compel members of security services to respect the rule of law and human rights principles that are guaranteed under the Palestinian Basic Law and international standards.

Israeli forces target 2 armed group members wounding 13 Palestinian civilians, including 5 Children, in Beit Lahia in the northern Gaza Strip

25th April 2014 | Palestinian Center for Human Rights | Gaza, Occupied Palestine

In an extra-judicial execution attempt, Israeli forces targeted 2 members of an armed group on a motorbike wounding them and another 13 Palestinian civilians, including 5 children, in a densely-populated area in the northern Gaza Strip.

According to investigations conducted by the Palestinian Centre for Human Rights (PCHR), at approximately 16:45on Wednesday, 23 April 2014, an Israeli drone fired 2 missiles at a motorbike near Beit Lahia Sport Club in al-Manshiyah Street in the northern Gaza Strip town of Beit Lahia, which is a densely-populated area. As a result, the two persons on the motorbike were wounded by shrapnel throughout their bodies; one of them was in a critical condition. It was found out later that they are members of al-Aqsa Martyrs Brigades – Martyr Nedal al-‘Amoudi Brigade. Due to the scattering shrapnel, 13 civilian bystanders, including 5 children, sustained shrapnel wounds throughout their bodies, and they were transferred to hospitals to receive medical treatment. Their wounds were described between minor and moderate. (PCHR keeps the names of the wounded)

The attack caused minor damages to 7 stores and around 10 houses in the vicinity of the targeted area. Moreover, Palestinian civilians living in the street, especially children and women, were terrified. It should be mentioned that this street is known as one of the most densely-populated areas in Beit Lahia.

Israeli forces declared later, via the Israeli media, that the Israeli Air Force targeted, as they described, a Palestinian cell that intended to launch rockets at the Israeli towns, while PCHR’s investigations confirmed that when they were targeted, they were not in a position to fire rockets.

PCHR strongly condemns this crime, which further proves the use of excessive force by Israeli forces against Palestinian activists in disregard for their lives of civilians as the attack took place in a densely-populated area.

PCHR calls upon the international community to take immediate and effective action to stop Israeli crimes and reiterates its call for the High Contracting Parties to the 1949 Fourth Geneva Convention to fulfill their obligations under Article 1; i.e., to respect and to ensure respect for the Convention in all circumstances, and their obligation under Article 146 to prosecute persons alleged to commit grave breaches of the Fourth Geneva Convention. These grave breaches constitute war crimes under Article 147 of the same Convention and Protocol (I) Additional to the Geneva Conventions.