Tag: Palestinian Centre for Human Rights

PCHR strongly condemns Israeli plans to confiscate 12,000 donums of Palestinian land in order to link the Illegal “Ma’ale Adumim” and “Qedar” settlements

Palestinian Centre for Human Rights

4 May 2009

The Palestinian Centre for Human Rights (PCHR) strongly condemns the Israeli Ministry of the Interior’s decision to expand the illegal West Bank settlement of “Ma’ale Adumim” and to confiscate 12,000 donums (12 million square meters) of Palestinian land.

In the context of policies aimed to establishing a Jewish majority in occupied East Jerusalem – thereby consolidating its illegal annexation – the Israeli Minister of Interior, Elli Yishai, decided to adopt the recommendations of a special committee established by his ministry to link “Qedar” settlement with the larger “Ma’ale Adumim” settlement, east of Jerusalem. Under the Israeli Ministry of Interior’s plan, at least 12,000 donums of Palestinian land will be annexed to “Ma’ale Adumim”, linking it with the smaller “Qedar” settlement, which is located nearly 3 kilometers to the east. A few months ago, the Israeli media unveiled another plan to construct 6,000 new housing units in “Qedar” settlement. The implementation of these plans will disrupt geographical contiguity between the north and south West Bank, and will isolate Jerusalem from the West Bank as a whole. These decisions fundamentally undermine the viability of any future Palestinian State.

Israeli occupation authorities have recently started to establish a new settlement neighborhood in the densely Palestinian-populated al-Sawahra area, southeast of Jerusalem. They have also continued to undermine Palestinian construction in the city, in an effort to impose forced migration on the Palestinian population. Dozens of Palestinian families have been ordered to evacuate their homes under various pretexts, related to, inter alia, the lack of construction licenses and the construction of homes on lands allegedly owned by Israeli settlement associations. Recent orders targeted two floors constructed atop the Armenian Church in the Old Town, which was built more than 150 years ago.

International law explicitly prohibits the annexation of land consequent to the use of force (Article 47, Fourth Geneva Convention), a principle confirmed in Article 2(4) of the United Nations Charter. International humanitarian law is unambiguous in this regard: occupation does not imply any right whatsoever to dispose of territory. Annexation is straightforwardly illegal.

Article 49 of the Fourth Geneva Convention also explicitly prohibits the transfer and settlement of parts of the Occupying Power’s population in occupied territory. PCHR wish to highlight the underlying purpose of this provision, as noted in the authoritative commentary to the Geneva Conventions: “It is intended to prevent a practice adopted by during the Second World War by certain Powers, which transferred portions of their own population for political or racial reasons or in order … to colonize those territories. Such transfers worsened the economic situation of the native population and endangered their separate existence as a race.”

The United Nations estimate that there are currently between 480,000 and 550,000 illegal settlers living in the West Bank and East Jerusalem.

PCHR strongly condemns all Israeli policies and measures aimed at consolidating the annexation of occupied East Jerusalem, and:

1) Emphasizes that East Jerusalem is an integral part of Palestinian territories that have been occupied since the 1967 war.

2) Asserts that measures taken by Israeli occupation forces following the occupation of the city, especially the Israeli Knesset’s decisions on 28 June 1967 to annex the city to Israeli territory and on 30 July 1980 declaring that the “complete and united Jerusalem is the capital of Israel”, and the decision to expand the boundaries of Jerusalem, violate international law and United Nations resolutions.

3) Stresses that all decisions, plans and measures implemented by Israeli occupation authorities in the occupied city do not alter the legal status of the city.

In light of the above:

1) PCHR calls upon the High Contracting Parties, individually and collectively, to fulfill their legal and moral obligation under article 1 of the Convention to ensure Israel’s respect for the Convention in the OPT.

2) PCHR believes that international silence serves to encourage Israel to act as a state above the law and to continue violating international human rights law and international humanitarian law.

3) PCHR calls upon the international community to immediately act to force the Israeli government to stop all settlement activities in the OPT, especially in occupied East Jerusalem.

4) PCHR calls upon the European Union and/or its State members to activate article 2 of the Euro-Israeli Association Agreement, which affirm Israel’s respect for human rights as a condition for continue economic cooperation. PCHR calls also upon State members of the European Union to boycott Israeli goods, especially those produced in illegal Israeli settlements established in the OPT.

Israeli refusal to cooperate with United Nations investigation represents an attempt to shield alleged war criminals from justice

Palestinian Center for Human Rights

21 April 2009

The Palestinian Centre for Human Rights (PCHR) is concerned at recent Israeli statements implying that the State of Israel will not cooperate with the independent investigation established by the United Nations Human Rights Council.

The investigation is led by Justice Richard Goldstone, former chief prosecutor at the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for Rwanda. Both tribunals were established by the United Nations Security Council, acting under Chapter VII of the United Nations Charter. The independent fact finding mission is mandated to investigate all violations of international humanitarian law (IHL) and international human rights law, related to the recent 23 day Israeli military offensive in the Gaza Strip.

The offensive claimed the lives of 1,417 Palestinians, 1,181 (83%) of whom were non-combatants: the protected persons of IHL. 13 Israelis also died, including 3 civilians. Civilian property in the Gaza Strip was extensively destroyed, initial investigations indicate that 21,000 houses were completely or partially destroyed, 6,636 dunums of agricultural land were razed, and approximately 1,500 factories and workshops were completely destroyed.

The excessively disproportionate civilian death toll and the extensive destruction of Gaza’s property and infrastructure demand judicial review. Many of the cases documented by PCHR amount to war crimes, and grave breaches of the Geneva Conventions.

PCHR believe that Israel’s unwillingness to cooperate with this independent investigation represents an attempt to shield alleged perpetrators of war crimes from justice. Israel has consistently proven unwilling to effectively investigate serious allegations of illegal behaviour committed by its forces in the occupied Palestinian territory.

On 30 March 2009, Military Attorney General Achivai Mandelblit closed an investigation into Israeli soldiers accounts of alleged crimes committed in the Gaza Strip. Although the soldiers had made allegations that including war crimes and grave breaches of the Geneva Conventions, the inquiry was terminated after just 11 days.

On 29 January 2009, the Central Investigative Judge No. 4 of the Audencia Nacional (Spanish National Court) ruled that Israeli authorities were not willing to investigate and bring to trial persons responsible for the Shehadeh assassination in 2002.

Since the outbreak of the second Intifada, Israel no longer opens a mandatory investigation into cases where Israeli forces killed or wounded Palestinian civilians not taking part in hostilities.

PCHR believe that the rule of law must be upheld: it is civilians who suffer the consequences of illegal acts. A lack of accountability and a culture of impunity only serve to encourage continued violations of IHL and international human rights law.

PCHR remind the State of Israel of its legally-binding obligation – as codified in Article 146 of the Fourth Geneva Convention – to effectively investigate and prosecute all those suspected of committing grave breaches of the Geneva Conventions. Should Israel prove unable or unwilling to do so, as is evidently the case, then in accordance with the principle of universal jurisdiction, all High Contracting Parties to the Geneva Conventions are obliged to search for and prosecute persons accused of committing grave breaches, irrespective of where theses crimes occurred. There is no valid pretext, legal or otherwise, for not respecting the Conventions in their entirety.

Aftermath: ‘the only BMW shop in Gaza’

Palestinian Center for Human Rights

29 March 2009

In this new series of personal testimonies, PCHR looks at the aftermath of Israel’s 22 day offensive on the Gaza Strip, and the ongoing impact it is having on the civilian population.

Nasser Al ‘Amoudi, with his biker’s jacket and sunglasses, embodies the essence of a car enthusiast. For years he has been the proud owner of the only BMW spare parts shop in the Gaza Strip. People would travel from every corner to purchase second hand parts from his shop. Now Nasser’s workshop and garage, which were worth $300,000 before the Israeli army destroyed them during their latest offensive, lie in tatters, and his financial security has gone.

Al ‘Amoudi BMW Spare Parts is situated on a main street running through the Salateen area of Beit Lahiya, northern Gaza. This area was one of the worst affected during Israel’s ground offensive – hundreds of houses and greenhouses were completely destroyed in Salateen, thousands of trees were uprooted, and there are still 100 families living in a tent camp just a few metres away. This predominantly fishing community has sustained many Israeli incursions over the years but the scars of the latest one are all pervasive and have made the area almost unrecognisable to its residents. Even the cemetery with its cracked gravestones and deep tank tracks, was not spared.

“This land belongs to me and my family and we have had this business for 22 years,” says 38-year-old Nasser, his hand leaning on the edge of the tent he has erected on the site of his shop. “I worked in the garage when I was a small boy, and I took over from my brother when I was old enough. We had customers from Gaza City, from Khan Yunis, and Rafah. This was the only place to find good used spare parts for BMW cars. All of Gaza knew this shop.”

Nasser used to have friends in Germany whom he did business with to secure the spare parts, but everything collapsed with the closure of Gaza’s borders two years ago: “People were still coming here before the war, but business had slowed down, almost to a standstill. Gaza has been closed off from the outside world for two years, and it’s impossible for businesses like mine to function under those conditions.”

The economic blockade and closure of Gaza’s borders since June 2007 has had a devastating impact on the Strip’s economic sectors. Most production facilities have ceased operations and the import and export of goods are severely limited. Israel’s policy of collective punishment has left the territory unable to secure basic foods, medicines, or other supplies and the result has been a skyrocketing of poverty rates and unemployment.

During the offensive, while Nasser sheltered in his home in Shati refugee camp with his wife and three children, Israeli fighter jets, helicopters, naval vessels, and ground tanks pounded Salateen. His garage and workshop were levelled by Israeli military bulldozers around the 14 of January 2009, when many of

the local residents had fled the area. “I drove back here on my motorbike on the first day of the ceasefire, on 18 January 2009,” says Nasser. “There was absolutely nothing left. Years of work, just gone.”

Piled up around the refugee tent on Nasser’s site, are the crumpled metal bumpers of BMW cars. Nasser has tried to salvage whatever he could but the tent is little more than a testament to the human spirit. “I’ve set up this tent with the old sign from my shop as a symbol, even though I have no goods to sell,” Nasser adds. “Just to let the world see what happened to me…”

During the 22 day offensive Beit Lahiya suffered extreme levels of devastation and the resulting crisis is still affecting all aspects of life. Civilians like Nasser Al ‘Amoudi and others, continue to be denied their economic, social, cultural, civil and political rights.

Meanwhile, the European Union (EU) is considering upgrading its trade relations with Israel under the EU-Israel Association Agreement, which offers Israel preferential terms in its trade with the EU. Article 2 of the EU-Israel Association states that the relationship between Israel and the EU should be based on respect for human rights and democratic principles, as a core part of the Agreement and as a precondition for economic cooperation.

In light of Israel’s latest actions in the Gaza Strip, and continuing breaches of international law, PCHR is calling on the EU-Israel Association Council to reconsider Israel’s request for a significant upgrading of relations, and to hold Israel to account for its continuing violations of international law and the human rights clauses within the Agreement. Upgrading the Association Agreement gives Israel tacit approval to continue violating its contractual obligations and makes the EU complicit in these acts.

Over 120 industrial and commercial workshops were completely destroyed by Israeli Occupation Forces between 27 December 2008 and 18 January 2009, and at least 200 others were damaged, as well as some of Gaza’s largest factories producing soft drinks, concrete and other basic items.

The high civilian death toll and the extensive destruction to public and private property indicate that one of the objectives of the Israeli political and military establishments was to cause the maximum possible damage in Gaza. As Nasser Al ‘Amoudi, rearranges the metal sign hanging from his tent, it is apparent that the Israeli army achieved that objective.

“What is the point of addressing the international community about this issue?” asks Nasser. “No one seems to care. I will try to rebuild my shop. What else can I do? Where else can I go? I just hope that this will not happen again in Gaza.”

European Union failing its obligations to protect human rights in the Occupied Palestinian Territory

28 January 2009 | Palestinian Centre for Human Rights

The Palestinian Centre for Human Rights (PCHR) demands that the European Union (EU) immediately takes action in order to protect human rights in the Occupied Palestinian Territory. The EU is currently failing in its obligations to effectively intervene in order to protect the lives of civilians in the Occupied Palestinian Territory (OPT), especially civilians in the Gaza Strip, whose human rights are being massively violated by the Israeli Occupation Forces (IOF). PCHR is dismayed by recent statements made by, and actions taken by, EU states regarding human rights violations in the OPT.

Since launching its widespread military offensive against the population of the Gaza Strip on 27 December, 2008, the Israeli Occupation Forces (IOF) have killed 1,285 Palestinians in Gaza, and injured at least 4,336 others. Thousands of bereaved and traumatized survivors are now also homeless, as IOF have completely destroyed at least 2,400 homes across the Gaza Strip. Ongoing PCHR investigations indicate that 82.6% of the total IOF victims were civilians, including at least 280 children.

Despite the overwhelming number of Palestinian civilians killed by the IOF during its offensive in the Gaza Strip, the 27 EU member states abstained from a United Nations Human Rights Council resolution on 12 January, 2009, which condemned the IOF military offensive in the Gaza Strip because of IOF “massive violations of the human rights of the Palestinian people.” A week later, on 20 January, the Czech Foreign Minister and President-in-Office of the EU Council, Karl Schwarzenberg, claimed that the EU presidency, which is currently held by the Czech Republic, “should not act as a judge” of IOF violations of humanitarian law during its offensive in Gaza. “I have never seen a war were humanitarian law was completely respected” added Schwarzenberg.

On 26 January, Louis Michel, the EU Commissioner for Development and Humanitarian Aid, visited the Gaza Strip, where he claimed that Hamas bore “overwhelming responsibility” for the Israeli offensive in the Gaza Strip.

The EU abstentions from the UN Human Rights Council resolution, and these statements issued by senior EU officials, highlight that the 27 EU member states are blatantly failing in their obligations as High Contracting Parties to the (1949) Fourth Geneva Convention to protect the lives of Palestinian civilians in the Gaza Strip. The shameful silence of the entire international community, including the EU member states, illustrates its utter failure to hold Israel accountable for its masse violations of human rights across the OPT and especially in the Gaza Strip. According to the principles of international law, Israel must be held responsible for its actions.

In light of the scale of the 22 day IOF military offensive in the Gaza Strip, PCHR demands that the international community, including all EU member states, act immediately in order to protect the lives and property of all Palestinians, especially the 1.5 million civilians who continue to be imprisoned under siege inside the Gaza Strip.

The Centre reiterates that the root of the continuing violence in the OPT is the continuing IOF belligerent military occupation of the Gaza Strip and the West Bank, including occupied East Jerusalem. International silence in the face of IOF human rights violations across the OPT, including the deliberate targeting of civilians and their property, is encouraging Israel to continue to use excessive lethal force against civilians, including the widespread use of bombs believed to contain white phosphorous, and to act with utter impunity.

The Centre demands that the international community, including the 27 EU member states, hold Israel to account for its masse violations of international human rights and humanitarian law, and forcefully and effectively demand that Israel begin to respect international human rights and humanitarian law. PCHR also demands that the EU does not upgrade its political and economic relationship with Israel vis a vis the EU-Israel Association Agreement. The Agreement is conditional on Israel’s respect for human rights. Rewarding Israel with an upgrade on the basis of “shared values’ whilst Israel blatantly continues to systematically violate Palestinian human rights in the OPT will only further encourage Israel to act as though it is completely above the law.

The EU has a vital role to play regarding Israel’s accountability, and the 27 member states must all meet their obligations regarding independent investigations into the crimes that PCHR believes have been committed against the civilians of the Gaza Strip. All Palestinians in the Gaza Strip deserve justice, and the EU member states must finally make a stand for the respect of law, and the protection of civilian lives.

It’s a ceasefire…just not on the beach, not in your home

Eva Bartlett | In Gaza

Ahmed Hassanin, 7, shot in the head outside his home by Israeli soldiers from Gaza’s eastern border on January 22nd.
Ahmed Hassanin, 7, shot in the head outside his home by Israeli soldiers from Gaza’s eastern border on January 22nd.

On the 5th morning after Israel declared a ‘ceasefire’, Israeli gunboats began shelling, as they had on several mornings since halting the 22 day air and land bombardment of Gaza. The shelling, which began just after 7:30 am off Gaza city’s coast, injured at least 6, including one boy with shrapnel in his head.

Yasser Abed, 15, came out from his home in Gaza’s Beach camp, on the coast, to see where the shelling was occurring. A shard of shrapnel lodged in his forehead.

Nisreen al Quqa, 11, was out earlier, before the navy began to fire towards Palestinian fishermen. She and her brother were walking on the beach when the firing started. A piece of shrapnel lodged in her right calf muscle.

Other injuries included a 14 year old male who was hit in the thigh by one of the shrapnel fragments, a 35 year old male also with a shrapnel injury, and a 4 year old girl with a head wound from flying shrapnel.

To the east of Gaza city, in the Sheyjaiee district close to the eastern border, also on the same day, 7 year old Ahmed Hassanian was outside his house with friends around 9:45 am. He lies now in critical condition in Shifa hospital’s ICU, a bullet still lodged in his brain and with such brain hemorrhaging and damage that he is expected to die shortly.

Mu’awiyah Hassanain, the director of Ambulance and Emergency Services, reports shelling in the northwestern coastal area of As Sudaniya on the same morning, saying five fishermen were injured in the attacks.

Israeli warplanes, on the first day of the ceasefire, flew extremely low and loudly over areas of Gaza, leaving residents expecting the worst. Drones capable of photographing and of dropping lethal, targeted missiles, continued to circle in Gaza’s skies for the first 3 days after the tanks retreated and the air-bombing ceased. At 8:30 am, one of these drones dropped 2 missiles in the Amal area east of Beit Hanoun, wounding a woman and an 11 year old child, who later died of her injuries.

The Palestinian Centre for Human Rights (PCHR) reports further violations of the cease-fire.

At 10:40, Israeli troops killed Maher abu Rjaila, 23, shooting him in the chest as he walked on his land east of Khan Younis city.

Two days later, at 1:00pm, Israeli soldiers fired on residents of Al Qarara, near Khan Younis, shooting Waleed al-Astal, 42, in his right foot.

Israel’s assault on Gaza has killed at least 1,330, with as many as 200 more bodies expected to be recovered from under the rubble of the over 5,000 destroyed houses and 20,000 buildings.

Dr. Fawzi Nablusi, director of Shifa’s ICU, said that of the cases in Shifa’s ICU, 90% were civilian, of these 50% were women and children. One of those civilians injured the day before Israel’s ceasefire was Mohammed Jarboua. Also from the Beach camp, the 21 year old is clinically brain dead, surviving only on mechanical life-support, after being shot in the head by Israeli naval forces.

The Director of Shifa hospital, Dr. Hassan Khalaf, and Mu’awiyah Hassanain confirmed that since the ceasefire began on January 18, three more Palestinians have been killed, and 15 more injured, 10 of those injured on January 22nd.

These ceasefire violations are not a new precedent, as during the 6 month ceasefire which began on June 19th, Israeli forces routinely targeted and fired upon fishermen and farmers along Gaza’s eastern and northern borders, injuring 62, according to Palestinian sources. During this period, 22 Palestinians were also killed, many of them members of resistance groups, and 38 fishermen and farmers were abducted. The truce period saw border crossings mainly closed, completely sealed them from November 4, 2008 with only the briefest of openings.

As the dust settles and noxious chemical fires continue to smolder, Gazans focus on their immediate needs: housing, food, and in many cases locating lost family members still under the rubble.

The root of the problem continues: the nearly 2 year old siege on Gaza, not relaxed under the 6 month ceasefire as agreed, and which had already decimated Gaza’s health and sanitation infrastructures, and had shattered the economy. From the ruins of Gaza, any signs of an end to the siege are far beyond the broken horizon.