Israel/OPT
11.10.02
Urgent Interventions
Israel: Israeli occupying forces opened fire at Palestinian medical facilities and personnel at Nasser Hospital in Khan Yunis
Case ISR 111002 / 111002.ESCRC
URGENT APPEAL / ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Disproportionate use of force / Killing
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source, that Israeli occupying forces opened fire at Palestinian medical facilities and personnel at Nasser Hospital in Khan Yunis on October 7 2002, wounding four persons, one of whom died as a result of his injuries.
According to the information received, at approximately 08:10 am on Monday 7 October 2002, Israeli forces situated in the vicinity of "Neve Dekalim" settlement, west of Khan Yunis, opened fire upon Nasser Hospital located approximately 600 m to the east. As a result of their shooting, which lasted for several minutes, it is reported that four Palestinian civilians inside the hospital, including two staff members, were wounded and that the buildings were severely damaged.
The persons who are reported as having been wounded inside the hospital were:
1. Nafe' Burhan al-Bura'ei, 22, a maintenance worker at the department of nephritic diseases, was critically wounded in the head by a live bullet. He was evacuated to Shifa' Hospital in Gaza where he was pronounced clinically dead.
2. Jebril Jaber 'Ateya 'Aabed, 49, a driver for the hospital, was wounded by a live bullet in the chest.
3. Munther Radwan al-Tubji, 25, was wounded by a live bullet in the left thigh.
4. 'Aadel Yousef Eslayeh, 36, was wounded by shrapnel in the face.
One of the wounded persons, Jebril Jaber 'Aabed, gave the following testimony:
"I was called to hospital at approximately 01:30 am on Monday, 7 October 2002, after the hospital declared a state of emergency when Israeli occupying forces invaded parts of Khan Yunis. I carried out my duties until Israeli tanks withdrew from those areas. At approximately 08:15am , while I was in the facility designed for ambulances in the eastern part of the main building of the hospital, I felt that a live bullet hit me in the chest. I also heard sounds of live bullets hitting walls. Immediately, those who were near me moved me to the reception department, where I received medical treatment."
According to the information received, the hospital is clearly marked and is one of the main medical facilities that serve the southern Gaza Strip. The Israeli Army is well aware of the position of the hospital and its subordinate buildings. It is reported that when Israeli forces opened fire at the hospital, hundreds of Palestinian civilians had gathered outside to find out the fate of relatives that had been wounded during the Israeli invasion of Khan Yunis on Monday morning, which involved missile attacks and firing, in which some 14 Palestinians, including 4 children and a woman, were killed and more that 80 persons were wounded. In addition, during the current Intifada dozens of Palestinian medical facilities have been repeatedly attacked by the Israeli Forces, with at least 15 Palestinian medical personnel have been killed and more than 250 wounded.
The International Secretariat of OMCT is gravely concerned about the reported attack upon Nasser Hospital and condemns the Israeli Army’s arbitrary and lethal use of force, that resulted in the death of one person and the wounding of three others, notably as it comes in the wake of the invasion by Israeli Forces of Khan Yunis which resulted in 14 deaths and over 80 injured persons. Furthermore, the circumstances under which these attacks have been carried out, suggest reckless disregard for civilian lives. OMCT recalls that under Paragraph 1. c. of Resolution 2444 (XXIII) of the United Nations General Assembly, 19 December 1968, it is stated "that distinction must be made at all times between persons taking part in the hostilities and members of the civilian population to the effect that the latter be spared as much as possible."
In addition, under Article 51 of the Additional Protocol to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 it is stipulated that:
· Paragraph 4) - "Indiscriminate attacks are prohibited. Indiscriminate attacks are: (…) (c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction."
· Paragraph 5) - "Among others, the following types of attacks are to be considered as indiscriminate: (…) (b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated."
OMCT considers that such acts of incidental injury to civilians represent flagrant violations of the elements cited above, which also constitutes international customary law, and as such should to be respected and upheld by Israel.
Action Requested
Please write to the Israeli authorities urging them to:
1. 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;
2. take all necessary measures to guarantee the physical and psychological integrity of the persons mentioned above, including access to adequate medical assistance, and guarantee adequate reparation to all victims and the families of the deceased;
3. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2) 670 5475, E-mail: pm_eng@pmo.gov.il
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax: (+ 972 2) 2 628 8618, E-mail: sar@justice.gov.il
· Elyakim Rubinstein, Attorney-General / Legal Advisor to the Government, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Telegrams: Attorney-General, Jerusalem, Israel, Fax: + 972 2 628 5438
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
Please also write to the embassies of Israel in your respective country
Geneva, October 11th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
URGENT APPEAL / ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
Disproportionate use of force / Killing
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel.
Brief description of the situation
The International Secretariat of OMCT has been informed by a reliable source, that Israeli occupying forces opened fire at Palestinian medical facilities and personnel at Nasser Hospital in Khan Yunis on October 7 2002, wounding four persons, one of whom died as a result of his injuries.
According to the information received, at approximately 08:10 am on Monday 7 October 2002, Israeli forces situated in the vicinity of "Neve Dekalim" settlement, west of Khan Yunis, opened fire upon Nasser Hospital located approximately 600 m to the east. As a result of their shooting, which lasted for several minutes, it is reported that four Palestinian civilians inside the hospital, including two staff members, were wounded and that the buildings were severely damaged.
The persons who are reported as having been wounded inside the hospital were:
1. Nafe' Burhan al-Bura'ei, 22, a maintenance worker at the department of nephritic diseases, was critically wounded in the head by a live bullet. He was evacuated to Shifa' Hospital in Gaza where he was pronounced clinically dead.
2. Jebril Jaber 'Ateya 'Aabed, 49, a driver for the hospital, was wounded by a live bullet in the chest.
3. Munther Radwan al-Tubji, 25, was wounded by a live bullet in the left thigh.
4. 'Aadel Yousef Eslayeh, 36, was wounded by shrapnel in the face.
One of the wounded persons, Jebril Jaber 'Aabed, gave the following testimony:
"I was called to hospital at approximately 01:30 am on Monday, 7 October 2002, after the hospital declared a state of emergency when Israeli occupying forces invaded parts of Khan Yunis. I carried out my duties until Israeli tanks withdrew from those areas. At approximately 08:15am , while I was in the facility designed for ambulances in the eastern part of the main building of the hospital, I felt that a live bullet hit me in the chest. I also heard sounds of live bullets hitting walls. Immediately, those who were near me moved me to the reception department, where I received medical treatment."
According to the information received, the hospital is clearly marked and is one of the main medical facilities that serve the southern Gaza Strip. The Israeli Army is well aware of the position of the hospital and its subordinate buildings. It is reported that when Israeli forces opened fire at the hospital, hundreds of Palestinian civilians had gathered outside to find out the fate of relatives that had been wounded during the Israeli invasion of Khan Yunis on Monday morning, which involved missile attacks and firing, in which some 14 Palestinians, including 4 children and a woman, were killed and more that 80 persons were wounded. In addition, during the current Intifada dozens of Palestinian medical facilities have been repeatedly attacked by the Israeli Forces, with at least 15 Palestinian medical personnel have been killed and more than 250 wounded.
The International Secretariat of OMCT is gravely concerned about the reported attack upon Nasser Hospital and condemns the Israeli Army’s arbitrary and lethal use of force, that resulted in the death of one person and the wounding of three others, notably as it comes in the wake of the invasion by Israeli Forces of Khan Yunis which resulted in 14 deaths and over 80 injured persons. Furthermore, the circumstances under which these attacks have been carried out, suggest reckless disregard for civilian lives. OMCT recalls that under Paragraph 1. c. of Resolution 2444 (XXIII) of the United Nations General Assembly, 19 December 1968, it is stated "that distinction must be made at all times between persons taking part in the hostilities and members of the civilian population to the effect that the latter be spared as much as possible."
In addition, under Article 51 of the Additional Protocol to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977 it is stipulated that:
· Paragraph 4) - "Indiscriminate attacks are prohibited. Indiscriminate attacks are: (…) (c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction."
· Paragraph 5) - "Among others, the following types of attacks are to be considered as indiscriminate: (…) (b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated."
OMCT considers that such acts of incidental injury to civilians represent flagrant violations of the elements cited above, which also constitutes international customary law, and as such should to be respected and upheld by Israel.
Action Requested
Please write to the Israeli authorities urging them to:
1. 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;
2. take all necessary measures to guarantee the physical and psychological integrity of the persons mentioned above, including access to adequate medical assistance, and guarantee adequate reparation to all victims and the families of the deceased;
3. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2) 670 5475, E-mail: pm_eng@pmo.gov.il
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax: (+ 972 2) 2 628 8618, E-mail: sar@justice.gov.il
· Elyakim Rubinstein, Attorney-General / Legal Advisor to the Government, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Telegrams: Attorney-General, Jerusalem, Israel, Fax: + 972 2 628 5438
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
Please also write to the embassies of Israel in your respective country
Geneva, October 11th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.