Israel/OPT
06.07.01
Urgent Interventions
Israel and Palestinian Territory Occupied: Destruction of Houses and Property by Israeli Defence Forces
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Case ISR 050701. ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Palestinian Occupied Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by Al-Haq, a member of the OMCT network, of the destruction of numerous homes, agricultural fields and food storage facilities by the Israeli Defence Forces in the Hebron District on the 3rd of July 2001. The villages of Sussia and Samou are reportedly the ones in which most of the destruction occurred.
According to the information received, at five o’clock in the morning on July 3rd 2001, Israeli bulldozers, accompanied by five groups of soldiers, entered the village of Sussia and began destroying property. Sussia is the home of approximately 20 extended families which comprise around 200-250 persons. Ten living caves, 30 shelters and several tents in which the villagers used to live were destroyed. It is also reported that ten wells have been filled in and that numerous caves used to store grain and cattle feed have been destroyed. These caves allegedly contained much of the food and supplies that would have allowed the villagers to make it through the coming dry months. According to the information received, agricultural fields planted with grapes and other crops have also been razed by Israeli Defence Forces.
Initial reports indicate that similar destructions of houses, land and property by the Israeli Defence Forces has occurred in Samou. According to the information received, other surrounding villages including Wad Rakhaim, Karbet al-Nabi, Kharbet al-Sussia, Imnaizel and al-Shatneh have also been affected.
According to the information received, the destruction of houses and property by the Israeli Defence Forces took place in retaliation for the killing of an Israeli settler on July 2nd 2001. Yair Har-Sinai, a 51-year old shepherd from the Israeli settlement of Sussia, was allegedly killed while he was tending to his flock.
It is also reported that following the killing of Yair Har-Sinai, the Israeli police entered several villages around the settlement of Sussia, including the village of Sussia, and arrested 30 men. All but five of them have been released during the morning of July 3rd 2001 in the morning, just before the intervention of the Israeli Defence Forces.
Background information
The establishment of the Israeli settlements contravenes international law, making them illegal. The Fourth Geneva Convention, as recalled in several resolutions of the United Nations, prohibits the settlement by occupying forces in occupied territories, particularly when the settlements are part of a plan of annexation. The Palestinian Occupied Territories are not part of the Israeli territory and settlements are illegal. OMCT further believes that Israeli settlements in the Palestinian Occupied Territories constitute a direct cause for violations of the economic, social and cultural rights as well as civil and political rights of the Palestinian population.
The illegal presence of the settlers in the Palestinian Occupied Territories, as well as the fact that some settlers engage in illegal violent acts against Palestinians, cannot justify the killing of settlers. The illegal situation of the victim is an element of the context, but cannot be presented as a justification for the crime: all allegations of violence against settlers shall be investigated thoroughly and impartially in order to identify those responsible, bring them before a competent civil tribunal and apply the penal, civil and/or administrative sanctions provided by law.
However, evidence shows that the Israeli Defence Forces’ response to the killing of the Israeli settler fails short to respect the basic principle of individual responsibility and punishment only following due process of law. The indiscriminate and disproportionate nature of Israel’s response, as well as its destructive consequences show that it constitutes a form of collective punishment against the Palestinian population, strictly prohibited by Article 33 of the Fourth Geneva Convention, which is applicable to the Palestinian Occupied Territories.
OMCT also recalls that, among other rights, Israel is bound to respect, protect and fulfil the right to food as well as the right to adequate housing. The jurisprudence of the various United Nations treaty bodies has consistently reaffirmed that human rights covenant and conventions to which Israel is a party are applicable to the Palestinian Occupied Territories. OMCT notes that the intervention of Israeli Defence Forces on July 3rd 2001 blatantly violates Israel’s obligation to respect the right to food and the right to adequate housing which requires Israel to refrain from interfering with the enjoyment of these rights.
Finally, OMCT recalls its concern about the grave impact that Israel’s policies of collective punishment have on basic principles guaranteeing respect for human rights and the rule of law and believes that it will only fuel the current escalation in violence and human rights violations in the Palestinian Occupied Territories.
Action requested:
Please write to the authorities in Israel urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. take all necessary measures to guarantee the physical and psychological integrity of the 5 arrested persons;
iii. guarantee adequate reparation to all victims and their families;
iv. put an end to the destruction of houses, land and other properties in the Palestinian Occupied Territories;
v. put an end to any further construction of settlements in the Palestinian Occupied Territories and to dismantle the existing ones
vi. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards, including the International Covenant on Economic, Social and Cultural Rights.
Addresses:
Ariel Sharon, Prime Minister and Minister of Defence, Office of the Prime Minister, 3 Kaplan Street Hakirya, Jerusalem 91007, Israel, Faxes: +972 2 566 4838 and +972 3 691 7915
Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax : + 972 2 6285 438
Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax: +972 3 697 62 18.
Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax : + 972 2 5826 769.
Please also write to the embassies of Israel in your respective country.
Geneva, July 5th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case ISR 050701. ESCRC
The International Secretariat of OMCT requests your URGENT intervention in the following situation in the Palestinian Occupied Territories.
Brief description of the situation
The International Secretariat of OMCT has been informed by Al-Haq, a member of the OMCT network, of the destruction of numerous homes, agricultural fields and food storage facilities by the Israeli Defence Forces in the Hebron District on the 3rd of July 2001. The villages of Sussia and Samou are reportedly the ones in which most of the destruction occurred.
According to the information received, at five o’clock in the morning on July 3rd 2001, Israeli bulldozers, accompanied by five groups of soldiers, entered the village of Sussia and began destroying property. Sussia is the home of approximately 20 extended families which comprise around 200-250 persons. Ten living caves, 30 shelters and several tents in which the villagers used to live were destroyed. It is also reported that ten wells have been filled in and that numerous caves used to store grain and cattle feed have been destroyed. These caves allegedly contained much of the food and supplies that would have allowed the villagers to make it through the coming dry months. According to the information received, agricultural fields planted with grapes and other crops have also been razed by Israeli Defence Forces.
Initial reports indicate that similar destructions of houses, land and property by the Israeli Defence Forces has occurred in Samou. According to the information received, other surrounding villages including Wad Rakhaim, Karbet al-Nabi, Kharbet al-Sussia, Imnaizel and al-Shatneh have also been affected.
According to the information received, the destruction of houses and property by the Israeli Defence Forces took place in retaliation for the killing of an Israeli settler on July 2nd 2001. Yair Har-Sinai, a 51-year old shepherd from the Israeli settlement of Sussia, was allegedly killed while he was tending to his flock.
It is also reported that following the killing of Yair Har-Sinai, the Israeli police entered several villages around the settlement of Sussia, including the village of Sussia, and arrested 30 men. All but five of them have been released during the morning of July 3rd 2001 in the morning, just before the intervention of the Israeli Defence Forces.
Background information
The establishment of the Israeli settlements contravenes international law, making them illegal. The Fourth Geneva Convention, as recalled in several resolutions of the United Nations, prohibits the settlement by occupying forces in occupied territories, particularly when the settlements are part of a plan of annexation. The Palestinian Occupied Territories are not part of the Israeli territory and settlements are illegal. OMCT further believes that Israeli settlements in the Palestinian Occupied Territories constitute a direct cause for violations of the economic, social and cultural rights as well as civil and political rights of the Palestinian population.
The illegal presence of the settlers in the Palestinian Occupied Territories, as well as the fact that some settlers engage in illegal violent acts against Palestinians, cannot justify the killing of settlers. The illegal situation of the victim is an element of the context, but cannot be presented as a justification for the crime: all allegations of violence against settlers shall be investigated thoroughly and impartially in order to identify those responsible, bring them before a competent civil tribunal and apply the penal, civil and/or administrative sanctions provided by law.
However, evidence shows that the Israeli Defence Forces’ response to the killing of the Israeli settler fails short to respect the basic principle of individual responsibility and punishment only following due process of law. The indiscriminate and disproportionate nature of Israel’s response, as well as its destructive consequences show that it constitutes a form of collective punishment against the Palestinian population, strictly prohibited by Article 33 of the Fourth Geneva Convention, which is applicable to the Palestinian Occupied Territories.
OMCT also recalls that, among other rights, Israel is bound to respect, protect and fulfil the right to food as well as the right to adequate housing. The jurisprudence of the various United Nations treaty bodies has consistently reaffirmed that human rights covenant and conventions to which Israel is a party are applicable to the Palestinian Occupied Territories. OMCT notes that the intervention of Israeli Defence Forces on July 3rd 2001 blatantly violates Israel’s obligation to respect the right to food and the right to adequate housing which requires Israel to refrain from interfering with the enjoyment of these rights.
Finally, OMCT recalls its concern about the grave impact that Israel’s policies of collective punishment have on basic principles guaranteeing respect for human rights and the rule of law and believes that it will only fuel the current escalation in violence and human rights violations in the Palestinian Occupied Territories.
Action requested:
Please write to the authorities in Israel urging them to:
i. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. take all necessary measures to guarantee the physical and psychological integrity of the 5 arrested persons;
iii. guarantee adequate reparation to all victims and their families;
iv. put an end to the destruction of houses, land and other properties in the Palestinian Occupied Territories;
v. put an end to any further construction of settlements in the Palestinian Occupied Territories and to dismantle the existing ones
vi. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards, including the International Covenant on Economic, Social and Cultural Rights.
Addresses:
Ariel Sharon, Prime Minister and Minister of Defence, Office of the Prime Minister, 3 Kaplan Street Hakirya, Jerusalem 91007, Israel, Faxes: +972 2 566 4838 and +972 3 691 7915
Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax : + 972 2 6285 438
Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax: +972 3 697 62 18.
Minister of Police, Ministry of Police, PO Box 18182, 3 Sheikh Jarrah, Kiryat Hamemshala, Jerusalem 91181, State of Israel. Fax : + 972 2 5826 769.
Please also write to the embassies of Israel in your respective country.
Geneva, July 5th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.