Tag: Palestinian Centre for Human Rights - Page 12 - International Solidarity Movement

Defense of universal jurisdiction speech presented to conference in Madrid

22 June 2009

Dear friends, comrades, partners in civil society, and national and international human rights organizations, thank you all for coming, and for joining us here today.

Today, the Gaza Strip lies in ruins. Five months after Israel’s criminal offensive, which cost the lives of 1,414 Palestinians – 83% of whom were civilians – and injured 5,300 others, recovery is impossible. The siege of the Gaza Strip, an illegal form of collective punishment imposed on Gaza’s 1.5 million inhabitants, has now been in place for over two continuous years. Individuals are denied their rights to freedom of movement, people and goods cannot enter or leave. Israel has systematically suffocated the economic and social life of the Strip, and created a humanitarian crisis. In Gaza today there is not even the concrete with which to build a tombstone. Five months after the end of the war, the situation in Gaza is exactly the same as it was on 18 January. Only the weather has changed.

It is because of this illegal siege that I cannot be here with you today. However, I hope that through this speech my words can still reach you.

On 29 January 2009 we were happy and proud. The Spanish Audencia Nacional had asserted that it would launch an investigation into the events surrounding the Al-Daraj attack in Gaza in 2002. This war crime killed 14 civilians, wounded approximately 150 others, and completely or partially destroyed 38 apartment buildings. It was a proud day across the globe, for all those who seek to uphold the rule of law, and to pursue accountability. It was especially significant coming so close as it did after the end of Israel’s war on Gaza. The Spanish judiciary had shown their independence and their integrity, continuing the trail of accountability from Pinochet to Ben-Eliezer.

However, we were shocked to see the Spanish Foreign Minister apologizing to Israel, and promising to change the law. Spain and Europe should be proud of the independence and integrity of their judiciaries. This is something that should be promoted, not restrained.

On 19 May we were shocked once more, as the Spanish Parliament passed a resolution requesting that the government limit the scope of Spain’s universal jurisdiction legislation. Today, we are at risk of losing one of the most important bastions in the fight for universal justice.

The consequences could not be more severe. Simply, they are continued suffering, death, pain and misery, as those who commit international crimes will continue to be granted impunity and encouraged to continue committing atrocities. The effects will be felt throughout the world. We are scared, not only as Palestinians but as international citizens. Without the rule of law, and without accountability, how can we uphold our rights? Are we to be consigned to the rule of the jungle, is Guantanamo to become a model for the future? Is international law to be disregarded, and are human rights to be cast aside, fresh victims of international politics?

It is this shock that has provoked these events in Madrid. We are gathered here, from all strands of society, and all walks of life, to speak out for justice. The rule of law must be upheld. If this amendment passes we will lose one more place where war criminals can be held to account; one more place, where impunity can be combated.

This is not an academic or a legal issue. It affects each and every one of us. To this day Israel pursues those responsible for crimes committed during the holocaust. This is right, and just. Yet this same principle must be applied to all. All suffering is equal, justice cannot be selective. The powerful must be held to account along with the weak. Entire peoples cannot be consigned to the rule of the jungle for the sake of political expediency.

The siege of the Gaza Strip which I referred to earlier is pertinently relevant to the discussion here today. The siege and its effects, which have contributed to the complete economic and social suffocation of Gazaand the emergence of a humanitarian crisis, highlight the key importance of universal jurisdiction. For too long now, Israel has been allowed to violate international law with impunity. Until effective pressure is placed on the State of Israel, and on individuals accused of committing war crimes, until they are investigated and prosecuted in accordance with international legal standards, impunity will prevail. In order for the rule of law to be relevant, it must be enforced. As long as impunity persists, individuals and States will continue to violate international law. It is civilians, the protected persons of international humanitarian law (IHL) who continue to suffer the horrific consequences, as they are killed, maimed, and deprived of their basic human dignity. It is for them that we are gathered here today, and that is something we must never lose sight of. We must continue our fight for justice, on behalf of those to whom justice has been denied.

Universal jurisdiction only applies when States with a more traditional jurisdictional connection to the crime, such as the place of commission, or the nationality of the perpetrator, prove genuinely unwilling or unable to investigate and prosecute. In other words, it applies when national systems are unable to conduct an effective trial, or when they are unwilling to do so: when they attempt to shield those accused of international crimes from justice, to grant them impunity, and to effectively condone their acts. In such instances, universal jurisdiction allows foreign courts – acting as agents of the international community – to investigate and prosecute. Universal jurisdiction is established to ensure that justice is done. These crimes cannot go unpunished, victims legitimate rights to judicial remedy must be upheld. In the face of all that they have suffered, this fundamental principle of human rights cannot be neglected. It must be stressed that universal jurisdiction applies only to the most serious crimes. Crimes that include genocide, crimes against humanity, war crimes and torture.

Ideally, the practice of universal jurisdiction would not be necessary. The establishment of the International Criminal Court in 2002 was an important step on the road to universal justice, whereby the protections of international law may extend to all individuals, without discrimination. However, to date, international politics have frustrated the development of the ICC. Due to the lack of universal ratification, there remain areas in the world to which enforceable international law does not extend; areas of the world where individuals continue to suffer war crimes, and torture, and where those who commit them are allowed to act with impunity. This situation cannot be allowed to prevail. Politics cannot be placed above individual’s human rights. International human rights law was established to protect individuals from the abuse of State power. It is inexcusable that today, when the fundamental importance of human rights are evident to all, that States be allowed to use their power to act outside the law. To act with impunity.

It is for this very reason, that universal jurisdiction is so important. In the absence of a universally ratified ICC, universal jurisdiction provides the only mechanism whereby international law can extend to all individuals. Today, in the fight against impunity and the fight for victims’ rights, universal jurisdiction represents the very foundation of our work. It is where we must make our stand. Today in Spain, universal jurisdiction cases are being pursued against the United States, against China, and against Israel, some of the most powerful and influential States in the world. Without universal jurisdiction, how can these States be held to account, how can we ensure that international law applies to all individuals, on the basis of their shared humanity and fundamental equality. The rule of law is essential; it is the basis from which human rights evolve. It is unacceptable that those in powerful countries be granted the benefit of the law’s protections, while those in weaker nations, all too often the victims of the powerful, are consigned to the rule of the jungle.

Universal jurisdiction offers hope to victims throughout the entire world, in many cases, it is their only hope. That is why the events of the next few days are of such profound importance. Spain enjoys a proud place in the fight for justice and equality. In the 1930s, international volunteers rallied behind Spain, fighting for freedom against oppression. In recent years, Spain has come to the forefront of the fight for universal justice, pursuing high profile cases such as Pinochet, Scilingo, and the Guatemal Generals. Yet the proposed amendment to Spain’s universal jurisdiction legislation would see this proud history undone. It would represent a serious setback not only for the international legal order, but for all those throughout the world who have been denied justice, those who have suffered at the hands of oppressive regimes, and those who continue to do so.

It is widely believed, that the Spanish proposal came about as a result of political pressure. The source of this political pressure must be acknowledged. It is exerted by States who have been accused of violating international law, of committing war crimes, crimes against humanity, and torture. The political pressure placed on the Spanish people is being exerted by States who seek to shield war criminals from justice.

This pressure must be fought. Politics can not be allowed to trample over justice. Individuals’ fundamental human rights cannot be casually disregarded in the corridors of power. Today, and over the coming days we must make a stand. We must speak truth to power.

Justice is not something to be discarded at a whim. Human rights, the fundamental principles of humanity, are vital. They must be protected, promoted, and strengthened. Not denied as a result of political pressure from those States who would see human rights discarded in their own self-interest; those States who believe that human rights are for some, and not for all.

Although universal jurisdiction is a universal issue, relevant to all individuals throughout the world, I would like to speak briefly from a Palestinian perspective. For many reasons I have worked as a human rights lawyer and defender. I have seen continuous violations of international law, and their horrific consequences. As I noted earlier, the Gaza Strip lies in ruins, forced to remain exactly as the Israeli’s left it on the 18 January, over five months ago. The annexation of Jerusalem continues unabashed. Despite recent international attention the illegal expansion of settlements in the West Bank continues.

It is evident that in order for the rule of law to be relevant, it must be enforced. For many years now Israel has been allowed to act with impunity. The consequences have been continuing cycles of violence, and increased violations of international law. The recent offensive of the Gaza Strip frames the consequences of this impunity against a harsh reality. This situation cannot be allowed to persist. Those responsible for such crimes must be investigated and prosecuted in accordance with international legal standards; if they are guilty they must be punished, their victims must see justice done. Those who commit war crimes must know that there are consequences to their actions beyond medals, they must know that they will be punished. Otherwise, as has been proven, war crimes will continue to be committed, civilians will continue to suffer the consequences, denied their legitimate rights, their dignity, and the chance of a normal life.

We will continue to devote time and effort in the fight for the rule of law and accountability. This is our life’s mission. We cannot bring the dead back to life, or remove the physical scars of torture, but we can pursue those responsible. We can attempt to ensure that such atrocities do not happen again.

We must combine our forces. Justice is on our side, and that gives us strength. Yet we are a thousand times stronger with your support, with the support of free people. On behalf of all Palestinians, and the residents of the Gaza Strip, I thank you for your efforts to date, and urge you to continue the fight.

In the interests of justice, and on behalf of the victims whose rights we have been mandated to fight for, this amendment cannot pass. I urge you to do all that you can, to lobby, to agitate, and to demonstrate. The fight against impunity cannot be lost.

PCHR and Spanish civil society organize conferences in Madrid In defense of universal jurisdiction

Palestinian Centre for Human Rights

21 June 2009

The Palestinian Centre for Human Rights (PCHR), in cooperation with Spanish civil society partners and national and international human rights organizations, are organizing two events in Madrid, Spain, on 22 and 24 June 2009. The events will take place in the Spanish Cultural Centre and the Spanish Congress.

These events are being organized in opposition to a proposed amendment to Spain’s universal jurisdiction legislation. On 19 May 2009, the Spanish Parliament requested that the government draft legislation limiting the scope of Spain’s universal jurisdiction legislation, this amendment will be presented to the Lower House on 26 June. Spain has long been an advocate of universal jurisdiction; it is widely believed that the current amendments are introduced consequent to concerted political pressure on behalf of States intent on shielding alleged war criminals from justice.

PCHR, and Spanish and international civil society and human rights organizations, are united in opposition to the amendment. Universal jurisdiction is an essential component in the international legal order. Crucially, it is also of critical importance in the fight against impunity. International law grants explicit protection to civilian populations. However, in order for the law to be relevant – to be capable of protecting civilians – it must be enforced. As long as States and individuals are allowed to act with impunity, they will continue to violate international law: innocent civilians will continue to suffer the horrific consequences.

PCHR wish to emphasize that universal jurisdiction is not merely a Palestinian issue. It is a legal mechanism intended to ensure that all those responsible for international crimes – which include genocide, crimes against humanity, war crimes and torture – are brought to justice. Universal jurisdiction is only enacted when States with a more traditional jurisdictional nexus to the crime (related, inter alia, to the place of commission, or the perpetrator’s nationality) prove unwilling or unable to genuinely investigate and prosecute: when they shield those accused of international crimes from justice.

In the interests of victims throughout the world, and all those who continue to suffer at the hands of oppressive regimes, universal jurisdiction must be pursued and strengthened. Universal jurisdiction is a fundamental component in upholding the rule of law. It is a key tool in the fight for universal justice, whereby the protections of international law may be extended to all individuals without discrimination, and victims’ rights ensured through the legal punishment of guilty parties.

PCHR’s Director, Mr. Raji Sourani, was due to present key-note speeches in Madrid. However, owing to the illegal siege of the Gaza Strip – a form of collective punishment which has now been in place for 24 continuous months – he has been denied permission to travel.

On 19 May 2009, the Spanish Parliament passed a resolution requesting that the government limit the scope of Spain’s universal jurisdiction legislation. The proposal calls for the existing legislation to be modified so that cases may only be pursued if they involve Spanish victims or if the accused are present on Spanish soil. The government’s amendment will be presented to Parliament on 26 June. If passed, the legislation will then be passed to the Upper House, before being returned to the Lower House for final approval.

This move represents a regression for Spain, a country that has long acknowledged the fundamental importance of universal jurisdiction. In recent years, a number of high profile universal jurisdiction cases have been pursued in Spanish courts, including Pinochet, Scilingo, and Guatemalan Generals. The Spanish Audencia Nacional (National Court) is currently investigating a case brought by PCHR and Spanish partners in relation to the al-Daraj attack of 2002. This war crime resulted in the deaths of 16 Palestinians, including 14 civilians. Approximately 150 people were injured.

On 4 May 2009, Judge Fernando Andreu of the Spanish Audencia Nacional (National Court) announced his decision to continue the investigation into the events surrounding the al-Daraj attack. The Spanish Court explicitly rejected the arguments of the Spanish Prosecutor and the State of Israel, claiming that Israel had adequately investigated the crime. The judge has confirmed that this position is incorrect, and contrary to the rule of law.
The victims and their legal team have placed their trust in the criminal justice system, believing that this is the only mechanism whereby accountability can be pursued and impunity combated. This trust must not be denied on the basis of political pressure. Politics cannot be placed above the rights of individuals.

On 22 June a roundtable discussion will be held in the Circulo de Bellas Artes room of the Valle Incan. On 24 June an information and advocacy conference will be held in Spanish congress. Both events are themed “In Defense of Universal Jurisdiction.” The events, which will be accompanied by press conferences, will be attended by members of Spanish civil society, Spanish parliamentarians and judges, and representatives of national and international human rights organizations.

PCHR stress that politics cannot be allowed to prevail over the rule of law. Victims’ rights to an effective judicial remedy must be upheld, and those accused of international crimes must be investigated and prosecuted in accordance with the demands of international law. The fight against impunity cannot be lost.

For further information, please see the universal jurisdiction section of PCHR’s website: www.pchrgaza.org.

PCHR: 2 more fishermen abducted by the Israeli Navy

ISM Gaza | Fishing Under Fire

16 June 2009

At approximately 06:00, IOF gunboats opened fire at a fishing boat in al-Waha area in the northern Gaza Strip. They then moved towards the boat and arrested two fishers: Hadi Sobhi Sa’dallah, 19; and his brother Ashraf, 26. They took the two fisherso Ashdod Harbor in the south of Israel and interrogated them. The two fishers were released in the evening.

War crimes in Gaza: Palestinian lawyers take on Israel

Juliane von Mittelstaedt | Der Spiegel

5 June 2009

Four months after the war in Gaza, Palestinian lawyers have prepared 936 lawsuits against the Israeli military over alleged war crimes. Some of the cases could soon be tried at Spain’s National Court under universal jurisdiction.

When Iyad al-Alami wants to survey the fallout of the Gaza war, he simply has to step out of his office and walk up the stairs to the top floor of the building where he works. There, piles of shrapnel, twisted missile shells and massive armor-piercing shells are stored. New material is added every day, filling the boxes that cover the floor and are stacked along the walls.

For Al-Alami, the debris is evidence of Israeli army war crimes. He hopes the weapons can be used again — but this time in a courtroom.

Al-Alami is the man behind efforts to assemble the biggest ever wave of lawsuits against Israel. He heads the legal department of the Palestinian Centre for Human Rights (PCHR) in Gaza City. From his windowless office, the taciturn lawyer is trying to convince courts around the world to take up his cause. Al-Alami is 45 years old, and he bears a slight resemblance to former Egyptian President Gamal Abdel Nasser, whose image is hanging on Al-Alami’s wall.

Although he is by no means a propagandist, Al-Alami refers to “Israeli war crimes” as if he were discussing a self-evident fact. But he sees himself as neutral, or at least as neutral as a Palestinian in the Gaza Strip can be. He has defended Hamas members in Fatah prisons and Fatah members in Hamas prisons. He has represented hundreds, perhaps even thousands, against the Israeli army since he co-founded the PCHR 14 years ago. In the best outcomes, Israel paid compensation for victims or convicted its soldiers of theft. But the center’s victories have all been minor. “We live in a system of impunity,” says Al-Alami.

The 4,747 Palestinian deaths which, according to the Israel human rights organization B’Tselem, resulted during the second intifada — the Palestinian uprising that began in September 2000 — led to 30 criminal charges against Israeli soldiers, five convictions and only one longer jail term. According to the PCHR, 1,417 people died in Israel’s most recent war against Hamas in the Gaza Strip, and many of the dead were civilians. This must not happen again, says Al-Alami. His dream is to see an international tribunal for Gaza, equipped with his files and evidence. And it seems as if his vision could soon come true, at least in part.

Dozens of attorneys around the world — in Norway, Britain, New Zealand, Spain and the Netherlands — are working on the Gaza lawsuits. In a globalized world, justice is also global: The basis for the initiative is the principle of universal jurisdiction in international law, which makes it possible to file suits worldwide for war crimes, genocide, torture and crimes against humanity.

In Norway, six attorneys have filed a lawsuit for human rights violations against Israel. They are seeking a European warrant for the arrest of senior Israel officials — including former Prime Minister Ehud Olmert.

In London, Daniel Machover and Kate Maynard, attorneys with the law firm of Hickman & Rose Solicitors, are waiting for one of the people responsible for the war on the Israeli side to travel abroad. If the official travels to a country where it is legally possible to file charges for war crimes, a local attorney will immediately petition in that country for the arrest of the Israeli official in question.

Four years ago, the two lawyers secured a warrant for the arrest of Doron Almog who, as head of the Israel Defense Forces’ Southern Command, ordered so-called targeted killings. Almog, after receiving advance warning, escaped arrest at London’s Heathrow Airport by refusing to leave his plane and flying back to Israel. Since then, senior Israeli military officials, and even some politicians, are no longer willing to risk travel to Britain.

Al-Alami is currently pinning his hopes on Spain’s National Court in Madrid, which has become something of an unofficial world court. The National Court issued the arrest warrant against former Chilean dictator Augusto Pinochet, and it is now investigating allegations of detainee torture at Guantanamo. One of the court’s judges is investigating three Chinese cabinet ministers and other high-ranking Communist Party officials for their role in suppressing the Tibetan uprising in 2008.

And now the court is also investigating charges against the leadership of Israel, a democratic country and the only party to the war that can be sued. Meanwhile, Hamas remains unpunished for its acts of terror.

The basis for the Spanish court’s actions is a lawsuit filed in January against seven high-ranking Israeli military officials and politicians for the targeted killing of Hamas militia leader Sheik Salah Shehadeh in 2008, an attack that also claimed the lives of 14 civilians. The case could be suspended, but to prevent this from happening, Spanish attorney Gonzalo Boyé plans to expand the suit to include a total of 13 cases compiled by the PCHR. The cases, which involve disappearances, torture and killings, go back to 1983, although most are from January 2009. Boyé’s goal is to demonstrate that Israel systematically committed crimes, which is why the victims of the Gaza campaign are the focus of the lawsuit. “One case is a war crime,” says Boyé, “but 10 cases? That’s something else.” The new charges involve crimes against humanity.

And if it becomes necessary, perhaps because the Spanish government, under pressure from abroad, is currently trying to limit the universal claims of its courts, Boyé is prepared to introduce a victim with ties to Spain: a Palestinian with relatives in Barcelona.

So far Israel has refused to cooperate with any systematic investigations. It rejects the International Criminal Court (ICC) and is not cooperating with Richard Goldstone, the head of a United Nations Human Rights Council fact-finding mission to Gaza. There have also been no criminal investigations into charges, brought by the Red Cross and human rights organizations, that the wounded could not be evacuated during the Gaza war, ambulances were shot at and civilians and refugees were attacked.

The only Israeli investigation to date addressed reports by soldiers claiming to have witnessed indiscriminate shootings of Palestinian civilians. After spending 11 days investigating the allegations, a commission concluded that the alleged killings were nothing but rumors.

The Israeli army has now completed an internal review of the Gaza war, and has concluded that its soldiers made mistakes in only a “very small number of incidents.” These incidents “were unavoidable” and of the sort that “occur in all combat situations.”

Systematic war crimes, of the kind which Al-Alami accuses the Israelis of carrying out, are not easy to prove. The attorneys must demonstrate that the Israel military attacked civilians without reason, perhaps even deliberately. They must prove that these attacks were not part of the conduct of war against Hamas fighters, and that they were not simply cases of technical or human error, but the senseless taking of human life. But who is to decide whether such killings were accidental or intentional and if they show carelessness or cruelty?

On the other hand, no war has ever been as well-documented as the Gaza conflict, despite the Israeli ban on journalists. The Gaza Strip is small, witnesses are unable to leave, and evidence is preserved. Keeping this in mind, Iyad al-Alami and his team of eight attorneys, helped by dozens of volunteers, began questioning witnesses during the bombings. They collected shrapnel, took photographs, made videos and recorded the damage, often risking their lives to do so. “We had to collect evidence as quickly as possible before it was gone, before witnesses disappeared, victims died and the dead were buried,” says al-Alami.

In this way, they reconstructed the war, day-by-day and bomb-by-bomb. They compared the statements of eyewitnesses with the course of the war and with media reports. International weapons experts prepared analyses, and Palestinian doctors certified causes of death. The team even went to cemeteries to determine whether the graves matched the dead. “We have to be sure that everything is right,” says al-Alami.

The PCHR has recorded 936 cases, which represents the most comprehensive documentation of this war. They include alleged incidents of children shot at close range, women burned by white phosphorus shells and entire families buried under their houses.

“Winning a case, just one, would be enough,” says al-Alami. “Then I would retire immediately, because I would have achieved everything.” Just one out of 936 cases. Al-Alami needs the perfect case.

The perfect case would have certain characteristics. The dead must be civilians. Credible witnesses are needed. Hamas fighters must not have been in the area, as they might have abused local residents as human shields. And the identities of those who gave the orders and those who did the killing must be clear.

Al-Alami refers again and again to the 13 blue ring binders stacked on his desk. Each binder represents one of 13 cases, and together the cases represent more than 100 dead. They are the worst cases, the cases for global justice, and Spanish attorney Gonzalo Boyé will use some as evidence to support his case of crimes against humanity. There is one ring binder for the 48 members of the Samuni family killed in the Gaza offensive, and another for the six members of the Abu Halima family burned by white phosphorus shells. There is one for the 11 members of the family of Hamas leader Nizar Rayan, whose house was destroyed by an Israeli air strike. There is one folder for those killed at the Arafat police academy. And there is one for the family of Amer al-Dayah.

Amer al-Dayah, 28, is the only member of a family of 23 who survived the bombardment of his parents’ house. The dead included his parents, three brothers, three sisters-in-law, two sisters and 12 nieces and nephews. Al-Alami shows some of the photos in the files. One depicts a child’s head in the rubble, eyes wide open, limbs severed. There was nothing left of nine of the victims, and al-Dayah found parts of his mother’s body as far as 100 meters (328 feet) away. “My family was simply gone,” says al-Dayah, a stout man with a boyish face.

The fate of his family is one of the first cases Gonzalo Boyé plans to submit in Madrid. Al-Dayah, the sole survivor, is pinning his hopes on the European court. He also knows that it could be years — if ever — before a verdict is pronounced.

In its final report, the Israel army commented on the death of al-Dayah’s family. The pilot, the report reads, had erroneously received incorrect coordinates. Instead of the intended target, a warehouse, the bomb hit the al-Dayahs. In other words, it was a “professional mistake,” nothing more.

Translated from the German by Christopher Sultan

Life is blind

Palestinian Centre for Human Rights

5 May 2009

In this series of personal testimonies, PCHR looks at the aftermath of Israel’s 23 day offensive on the Gaza Strip, and the ongoing impact it is having on the civilian population.

Mahmoud Mattar before and after the attack that blinded him — Mahmoud before and after the attack that claimed his sight

Mahmoud Mattar spent his 15th birthday in February this year, lying in the intensive care unit of Egypt’s Sheikh Zayid hospital. He is one of the 1,606 children who were injured during Israel’s military offensive on Gaza, some of who sustained horrific disabilities, head and spinal injuries, facial disfigurement, burns and amputation.

On Wednesday 7 January 2009, Mahmoud Mattar, then 14, was struck by a rocket near his home in Sheikh Radwan, Gaza City, that left him permanently blind and with extensive injuries. It was around 09:30 in the morning and Mahmoud was at home with his mother and siblings when an Israeli aircraft fired a missile at al-Taqwa mosque, 150 metres away.

Mahmoud ran to see what had happened, and shortly afterwards a second missile hit the scene, killing two 15 year old boys, including Abdullah Juda, one of Mahmoud’s school friends. Mahmoud’s uncle, Nahed Mattar, 43, went to find his nephew while people gathered in the area.

Just as Nahed reached out to grab Mahmoud, a third rocket hit. “I had gone to find Mahmoud and bring him home,” said Nahed. “I saw the two boys who had been killed and their bodies were dismembered. People were trying to evacuate them because ambulances were unable to reach the area and the mosque had been destroyed, with just a minaret left standing.:

As Nahed reached out for Mahmoud’s hand, a rocket landed just a metre and a half away from his nephew: “I was injured in the head and Mahmoud was thrown unconscious. His face was in a terrible shape – it has only improved now after numerous operations – and there were shrapnel injuries all over his body.”

The last thing Mahmoud remembers that day was his uncle was beside him: “I told my uncle something was going to hit us. I couldn’t see the missile but I could feel something was going to happen. I made my ‘shahaadah’ [Muslim declaration of faith before death] and was about to take a step forward. I don’t remember anything after that.”

Mahmoud’s eyes were burnt, and his facial bones were fractured. His lower jaw was broken, he lost some of his teeth, and had shrapnel injuries and third degree burns throughout his body.

Mahmoud was transferred to Gaza City’s Shifa hospital where the seriousness of his condition meant transfer to hospital in Egypt was essential. But later that same day, 7 January 2009, an ambulance convoy belonging to the Palestinian Red Crescent Society, was fired upon traveling south of Gaza City, so Mahmoud had to wait until the 10 of January before he could be transferred. In Egypt Mahmoud endured numerous operations to reconstruct his face and bone transplants. He also suffered lung damage due to smoke inhalation and his breathing is now laboured.

Mahmoud spent a total of three months and ten days in hospital in Egypt, including one month in the intensive care unit of Sheikh Zayid hospital, and two months in Cairo’s Palestine hospital. He returned to the Gaza Strip in late April 2009 and is now trying to adapt to his new circumstances. Mahmoud’s father is unemployed and has health problems and the school for the blind in Gaza normally only accepts younger children. His family is now trying to arrange special dispensation so Mahmoud can continue his education.

“Mahmoud was very active in school and loved sports”, says his mother Randa Mattar, aged 36. “He loved gymnastics, especially in the sea. My son is the same person he was before.”

“The only different thing with me is that life is blind now,” adds Mahmoud, as he playfights with his younger brothers. “Sounds are much louder to me now. Now if an ant walks by, I hear it.”

The prospect of lifelong care for severely injured children who survived Israeli attacks is too much to bear for Gazan families already vulnerable after two years of border closures, 42 years of military occupation, and rising poverty levels.

While some of the costs of Mahmoud’s hospitalization were covered by the Palestinian Ministry of Health, he needs more follow up care and support and the ability to travel for further treatment.

“Mahmoud also needs cosmetic surgery and to be fitted with glass eyes,” explains Nahed, who stayed with his nephew for the duration of his time in Egypt and has developed a very close bond with him. “We will have to find the money to pay for that ourselves, somehow.”