IOF willfully kill a child in Beit Hanoun town, northern Gaza

Palestinian Center for Human Rights (PCHR)

6 September 2009

On Friday afternoon, 4 September 2009, the Israeli Occupation Forces (IOF) killed a 14-year-old child, Ghazi al-Za’anin, in Beit Hanoun town in the northern Gaza Strip. IOF troops shot the child from close range, while he was walking with his family. This child was the second to be killed by IOF in less than a week.

Palestinian Centre for Human Rights (PCHR) investigations, and eye-witness testimony, indicates that, at approximately 13:40 on Friday, 4 September 2009, Maher Ghazi al-Za’anin drove his four children, including Ghazi, 14, to their farm, 500 meters away from the border with Israel, in the northeast of Beit Hanoun town. Before arriving at the farm, al-Za’anin and his children stepped down from the car and approached their land on foot. On their way to the farm, they were surprised by an Israeli military jeep that stopped opposite to them. Al-Za’anin and his children were frightened, and ran away. IOF soldiers who were inside the jeep immediately opened fire. Ghazi was wounded by a bullet to the head and fell to the ground. The father carried the child to their car, whereupon IOF soldiers fired at the car, hitting it with two bullets. The father drove to Beit Hanoun Hospital and the child was transferred to al-Shifa Hospital in Gaza City as he was in a critical condition. Ghazi was admitted to the intensive care unit, where he was pronounced dead on the following morning, Saturday, 5 September 2009.

PCHR has recently documented many cases in which IOF positioned along the border opened fired at agricultural areas and houses. It is believed that these attacks are intended to deny Palestinian farmers access to their agricultural land, some of which lie within the so-called ‘buffer zone’.

PCHR strongly condemns the murder of a child by IOF, and:

1. Reiterates condemnation of this latest crime, which is part of a series of crimes committed by IOF in the Occupied Palestinian Territory (OPT).
2. Calls upon the international community to promptly and urgently take action in order to stop such crimes, and renews its call for the High Contracting Parties to the Fourth Geneva Convention to fulfill their obligations and provide protection to Palestinian civilians in the OPT.

IOF willfully kill a Palestinian child in al-Jalazoun refugee camp, north of Ramallah

The Palestinian Centre for Human Rights (PCHR)

1 September 2009

The Palestinian Centre for Human Rights (PCHR) strongly condemns the willful killing of a 15-year-old Palestinian child by Israeli Occupation Forces (IOF). The attack occurred yesterday, 31 August 2009, near the entrance of al-Jalazoun refugee camp, north of Ramallah.

According to investigations conduced by PCHR, at approximately 21:30 on Monday, 31 August 2009, IOF troops stationed at a military observation tower inside “Beit Eil” settlement, north of Ramallah, opened fire at five Palestinian children who were near al-Jalazon UNRWA School, located near the southeastern entrance of al-Jalazoun refugee camp. One of the children, 15-year-old Mohammed Riad Nayef ‘Elayan, was wounded by three bullets to the chest. An ambulance from Sheikh Zayed Hospital in Ramallah attempted to reach the area. However, the ambulance was stopped by at least 30 soldiers who prevented the medical crew from attending to the wounded child. Meanwhile, dozens of Palestinian civilians gathered on the spot and attempted to help the wounded child, but Israeli soldiers fired tear gas canisters at the crowd. The ambulance driver, Usama Hassan Ibrahim al-Najjar, 37, was hit by a tear gas canister to the left leg. ‘Ali Ahmed Mohammed Nakhla, 29, also sustained similar injuries.

Mohammed was left bleeding for approximately an hour. At approximately 22:30, IOF transferred the child to Beit Eil settlement where he was evacuated by a helicopter to Hadasa ‘Ein Karem Hospital in West Jerusalem. In the early morning, Israeli sources declared that the child had succumbed to his wounds. IOF have continued to hold the child’s body. IOF arrested the four children who were with ‘Elayan and kept them detained in Beit Eil settlement untill 03:00 on Tuesday, 1 September 2009. One of the released children informed PCHR that the children were walking normally in the street where the attack took place and that they suddenly found themselves under Israeli gunfire. The boy said that when Israeli soldiers saw the wounded child falling onto the ground, they rushed to the scene and arrested his companions. The soldiers left the boy bleeding without offering him any medical aid.

PCHR strongly condemns the murder of a child by IOF, and:

  1. Reiterates condemnation of this latest crime, which is part of a series of crimes committed by IOF in the Occupied Palestinian Territory (OPT).
  2. Calls upon the international community to promptly and urgently take action in order to stop such crimes, and renews its call for the High Contracting Parties to the Fourth Geneva Convention to fulfill their obligations and provide protection to Palestinian civilians in the OPT.

At least 4 Palestinians killed by Israeli forces in the Gaza Strip

Palestinian Centre for Human Rights (PCHR)

25 August 2009

The Palestinian Centre for Human Rights (PCHR) strongly condemns attacks perpetrated by Israeli forces in the evening of 24 August, and the morning of 25 August 2009. Three Palestinians were killed while a fourth is missing consequent to Israeli gunfire in the northern Gaza Strip and aerial bombardment along the Egyptian border, south of Rafah. .

According to investigations conducted by PCHR, at approximately 15:15 on Monday, 24 August 2009, Israeli troops positioned to the northwest of Beit Lahia town in the northern Gaza Strip (along the border between the Gaza Strip and Israel) fired at two Palestinian civilians from Beit Lahia who got close to the border. Sa’id ‘Ata al-Hussumi, 16, was instantly killed by two bullets to the chest, and Mas’oud Mohammed Tanboura, 19, was seriously wounded by several bullets to the chest.

Al-Husumi and Tanboura were working in a farm in Beit Lahia town, approximately 350 meters away from the border fence. They attempted to get close to the border to find metal wires to sell them. They were unarmed.

Israel has illegally prohibited movement near the border fence in the north and in the east of the Gaza Strip. The prohibition applies to within a distance of 300 meters from the border fence inside the Gaza Strip. Accordingly, Palestinian farmers are denied access to their lands. Thus, they are denied their right to cultivate these lands or even to approach them. In many cases, Palestinians come under Israeli gunfire from distances that exceed 300 meters. PCHR has documented many deaths, including children, as a result of Israeli forces firing at civilians while in the proximity of these areas.

In the early morning of Tuesday, 25 August 2009, an Israeli warplane fired a missile at a tunnel near the Salah al-Din Gate in the south of Rafah town on the Palestinian-Egyptian border. Two brothers, Mansour ‘Ali al-Batniji, 30, and Na’el ‘Ali al-Batniji , 20, were killed, and their other brother, Ibrahim, 35, is missing. Another 6 Palestinians were also wounded.

PCHR strongly condemns such escalation by Israeli forces, and:

1. Reiterates its condemnation of such crimes which are part of a series of war crimes committed by Israeli forces in the Occupied Palestinian Territory.

2. Calls upon the international community to immediately intervene to stop such crimes, and renews its call for the High Contracting Parties to the Fourth Geneva Convention to fulfill their obligations.

PCHR condemns harassment of Palestinian civilians at military checkpoints

Palestinian Center for Human Rights (PCHR)

11 August 2009

The Palestinian Center for Human Rights (PCHR) strongly condemns the harassment and cruel and degrading treatment inflicted upon Palestinian civilians by Israeli troops positioned at military checkpoint throughout the West Bank.

PCHR field workers documents three cases of harassment against Palestinian civilians in the first three days of the week.

At approximately 22:00 on Saturday, 08 August 2009, Israeli soldiers harassed Tha’er Bader Jaradat, 20, from Sa’ir village northwest Hebron. They attacked him near the Annexation Wall in al-Ram town, north of Jerusalem. He sustained fractures to the legs.

According to investigations conducted by PCHR and the victim’s testimony, at approximately 22:00 on Saturday, 08 August 2009, Israeli soldiers forced him to jump from a height of 4.5 meters, when they caught him and other civilians attempting to climb the Annexation Wall in al-Ram town. He fell onto the ground, and sustained two fractures to the left leg and one fracture to the right heel. Soon after, Israeli soldiers gathered around him and attempted to force him to stand up and accompany them to a military vehicle. They also released a bloodhound to attack him in order to force him to stand up. When all of these attempts failed, they forced him to creep towards the military vehicle, which was approximately 15 meters away. They handcuffed him and transferred him to the Hamashbir area to the northwest of al-Ram town. Jaradat attempted to go to Jerusalem in order to work in a boutique.

On Sunday morning, 09 August 2009, Israeli soldiers positioned at a military crossing established on al-Zahiriya – Bir al-Saba’ road, south of Hebron, harassed Mohammed ‘Abdul Hai ‘Asafra, 26, from Beit Kahel village northwest of Hebron. They forced him to stop while he was his way to work in a workshop in the area. The detained and violently beat him for more than two hours. He sustained bruises throughout the body.

At approximately 11:30 on Monday, 10 August 2009, Israeli soldiers patrolling in al-Sahla and Tariq Ben Ziad streets in the south of the old town of Hebron stopped Saleh Mohammed al-Rajabi, 20. They detained and violently beat him for nearly an hour. He sustained bruises throughout the body.

In light of the above:

1. PCHR asserts that acts of harassment are a form of torture and cruel, inhuman and degrading treatment, and constitute serious violations of international human rights standards and instruments, especially the Convention against Torture and Cruel, Inhuman and Degrading Treatment of 1984.

2. PCHR calls upon the international community to exert pressure on Israel to dismantle military checkpoints and stop acts of harassment and other violations of human rights and international humanitarian law against Palestinian civilians in the Occupied Palestinian Territory.

PCHR: Highlights of Israel’s continued violations of international law on the 5th anniversary of the ICJ advisory opinion on the Apartheid Wall

Palestinian Centre for Human Rights

8 July 2009

On 5th Anniversary of ICJ Advisory Opinion on ‘The Wall’ PCHR Highlight Israel’s Continued Violations of International Law, and the International Community’s Complicity in Illegal Acts

9 July 2009 marks the five year anniversary of the International Court of Justice’s (ICJ) landmark Advisory Opinion on ‘the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory.’ This Advisory Opinion marked the first time that the ICJ turned its attention to the Israel-Palestine conflict.

In its Advisory Opinion, which represents an authoritative interpretation of international law, the ICJ held, inter alia, that: the construction of the Wall and its associated administrative regime are illegal and amount to de facto annexation; the Wall violates Palestinians’ legitimate right to self determination; the Wall must be dismantled, and reparation made to affected Palestinians; all States are under an obligation not to recognize the illegal situation resulting from the Wall, and not to render aid or assistance in maintaining the resultant illegal situation.

On the five year anniversary of the Advisory Opinion, The Palestinian Centre for Human Rights (PCHR) wish to highlight the continued construction of the Wall in occupied Palestinian territory, Israel’s continued violations of international law, and the international community’s inaction as regards the obligations to ensure respect for international law and not to recognize the situation created by Israel’s illegal acts.

To date approximately 350 kilometers of the Wall have been constructed. When complete the illegal Wall will stretch for 724 kilometers, trapping approximately 237,000 Palestinians between the Wall and the Green Line (the 1967 borders), and confining approximately 160,000 Palestinians in isolated enclaves with limited access to the outside world. As noted by the ICJ, the Wall has a devastating impact on Palestinian’s fundamental human rights, including the right to freedom of movement, the right to health, the right to work, the right to education, and the right to the highest attainable standard of living. Ultimately, the Wall, and Israel’s longstanding occupation policy, deny the Palestinians’ right to self-determination, a fundamental right enshrined in the UN Charter and numerous human rights treaties.

Despite the ruling of the ICJ, construction of the illegal Wall continues. Israel continues to annex Palestinian land, and to destroy lives and livelihoods. Palestinian civilians continue to suffer the consequences.

The ICJ ruled that, in accordance with inter alia common Article 1 of the Four Geneva Conventions of 1949, all States are under an obligation to ensure Israel’s compliance with international law. Additionally, States are under a legal obligation “not to render aid or assistance in maintaining the situation created” by the construction of the Wall.

Five years after the ICJ Advisory Opinion, Israel has yet to be held to account for its widespread and systematic violations of international law, including the continued construction of the Wall, and international aid continues to flow to the State of Israel. For example, the United States continues to extend significant financial and military aid to the State of Israel, absent any human rights based conditionality, while the EU has failed to enact the human rights clause contained within Article 2 of the EU-Israel Association Agreement.

The international community’s continued support for Israel in the face of the State’s widespread violations of international law is a direct violation of the obligation to ensure respect for international law. This continued support is tantamount to complicity. By continuing to support Israel, or by turning a blind eye to its illegal acts, the international community is contributing to a pervasive climate of impunity. As long as impunity continues to be granted, Israel will continue to violate international law; Palestinian civilians will continue to suffer the horrific consequences.

This impunity manifests itself in numerous violations of international law which extend beyond the construction of the Wall. Israel continues to violate international humanitarian law in its attacks on Palestinians, as dramatically highlighted by the recent offensive on the Gaza Strip. Israel continues to demolish Palestinian homes in East Jerusalem in an attempt to further consolidate the city’s annexation. Israel continues to impose a strict closure on the occupied Palestinian territory, including the closure of the Gaza Strip, a form of collective punishment which has now been in place for more than two consecutive years. On a daily basis, Israeli forces subject Palestinians to degrading and humiliating treatment, exercising control over the most mundane aspects of daily life, and violating these individuals’ fundamental right to human dignity.

The combined effects of Israel’s illegal actions are catastrophic: Palestinians are denied the most basic of human rights, and forced to live in a humanitarian emergency amid rising levels of unemployment and poverty.

PCHR wish to highlight the ICJ finding that “the Israeli settlements in the Occupied Palestinian Territory (including East Jerusalem) have been established in breach of international law.” The Court further held that, “the route chosen for the wall gives expression in loco to the illegal measures taken by Israel with regard to Jerusalem and the settlements”; the Wall is intended to support Israel’s illegal settlement project.

International attention has returned to Israel’s settlement project in recent weeks. PCHR stress the fundamental illegality of the settlements, and their disastrous impact on Palestinians right to self determination, and other fundamental human rights.

PCHR affirm that political considerations cannot be prioritized over international law and individual’s legitimate rights. PCHR firmly believe that, although legal questions may have political overtones, the only possibility for a just and sustainable peace lies in a solution based on international law. All States must fulfill their international obligations, and hold the State of Israel accountable for its illegal acts. Civilians must be afforded the legal protections that are their right.

Significant findings of the ICJ:

  • The Wall and the associated administrative regime violate Palestinian’s fundamental right to self-determination
  • The International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child, remain applicable to Israel’s actions in the occupied Palestinian territory
  • The Wall must be dismantled, and reparation made to its victims.
  • The State of Israel is not entitled to invoke Article 51 of the UN Charter (the right to self defense) with respect to the occupied Palestinian territory.