Israel/OPT
19.02.03
Urgent Interventions
Israel: nine extra-judicial executions of Palestinians, including 2 children
Case ISR 190203 / ISR 190203.CC
Urgent Appeal /Child Concern
Extra-judicial killings
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in the Occupied Territories.
Brief description of the situation
The International Secretariat of the OMCT has been informed by the Palestinian Society for the Protection of Human Rights (LAW), a member of the OMCT network, of extra judicial killings that have taken place in Israel on February 17th, 18th and 19th, 2003.
According to information received, on Sunday, February 16th, 2003, Israeli troops killed three Palestinians in Nablus during an operation to arrest Taysir Khaled, a member of the Democratic Front for the Liberation of Palestine (DFLP) and three of his associates. It is reported that Israeli troops accompanied by armoured personnel carriers (APCs) attacked a Nablus building where the DFLP offices are located. Troops reportedly used megaphones to order Mr. Khaled and his associates to surrender. According to the information received, the Israeli forces then opened fire on a crowd killing Ayman Abu Zant (17), Mohammad Takruri (35), and Firas Mabruka (22).
According to the information received, on February 17th, 2003, it is reported that that Riyad Abu Zeid, a Hamas activist, was extra-judicially killed in the Gaza strip, as well as two other Palestinians whose identities are not currently known.
In addition, on February 18th, 2003, 28-year old Mohammad Murr, a Hamas activist wanted by Israel, was extra-judicially executed in Yatta, a village south of Hebron City. It is reported that Israeli Special Forces disguised as Arabs and regular Israeli troops entered the village and surrounded Mr. Murr’s home. Mr. Murr attempted to flee his home and the Special Forces reportedly opened fire on him, wounding him in the left leg as he was running for his neighbour’s garden, causing him to fall to the ground bleeding. A soldier then reportedly approached him and, at a distance of 10 meters, shot and killed Mr. Murr. It is reported that Mr. Murr was unarmed at the time of his death. According to a report from the scene of the crime, Mr. Murr’s body contained a number of bullets, including three in his chest.
Furthermore, on February 19th, 2003, Nasser Abu Sufiyyeh (32) was reportedly killed after being forced at gunpoint to leave his elderly father in the hands of Israeli soldiers who had beaten the old man. According to the information received, at around 6am Nasser Abu Sufiyyeh was heading to his workplace in the Jasmine quarter in Nablus’ old city with his father, who is over 70 years old. An Israeli jeep stopped them, and after checking their ID cards, detained them and began beating Nasser’s elderly father. The soldier ordered Nasser at gunpoint to leave the area without his father. Nasser began to leave, but when he was at a distance of 40 meters from the soldiers, one opened fire at him without any justification. He was shot three times in the back and died of severe internal bleeding before his father’s eyes.
Finally, at around 12:30 in the afternoon of February 19th, 2003, 15-year old Mohammad al-Saber was shot in the shoulder while standing on the roof of an apartment building in the Ras al-Ein area. An Israeli sniper shot the boy, apparently from a higher position, as the bullet travelled down his body and settled in his mid-thigh. He was killed instantly. Seven others were injured, including four children: Said al-Bouz (16); Sabrine al-Tak (16); Mohammad Qadiri (17); Ahmad al-Badawi (17); Amid Ayyad (19); Tawfiq al-Najjar (20); and Samir Asmar (24).
LAW’s figures indicate that at least 125 Palestinians have been killed through extra-judicial executions during the ongoing second Intifada, not including bystanders. At the beginning of October 2002 the figures stood at at least 166 Palestinians killed in extra-judicial executions committed by Israel, including 63 Palestinian bystanders.
The International Secretariat of OMCT is gravely concerned by continued reports of further extra judicial executions by the Israeli authorities and calls on the authorities to immediately halt the use of such means. OMCT recalls that these “targeted assassinations” are carried out without recourse to even the most basic judicial procedures and no attempt is made to arrest the individuals in question. These extra-judicial killings constitute a gross and systematic violation of the right to life, the right to a fair trial and other human rights laws and standards. Not only are they clearly in violation of several of the provisions of the International Covenant on Civil and Political Rights, but, as wilful killings, they also constitute grave breaches of the Fourth Geneva Convention.
Furthermore, the circumstances under which most extra-judicial executions are 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.
Finally, OMCT recalls that Israel is a State Party to the Convention on the Rights of the Child, which states under Article 38, Paragraph 4) that: “In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.”
Action requested
Please write to the authorities in Israel urging them to:
i. immediately halt the use of extra-judicial executions;
ii. guarantee adequate reparation to the victims’ families;
iii. 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;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, notably the Convention on the Rights of the Child.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, P O Box 187, Jerusalem 91919, Israel, Fax: +972 2 6705475; E-mail: pm_eng@pmo.gov.il
· Meir Sheetrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax: +972 2 6285438, E-mail: sar@justice.gov.il
· Brig. Gen. Menachem Finkelstein, Chief Military Attorney, Military postal code 9605, Israeli Defense Forces (IDF), Israel, Fax: +972 3 5694370
Please also write to the embassies of Israel in your respective country.
Geneva, February 19th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Urgent Appeal /Child Concern
Extra-judicial killings
The International Secretariat of the OMCT requests your URGENT intervention in the following situation in the Occupied Territories.
Brief description of the situation
The International Secretariat of the OMCT has been informed by the Palestinian Society for the Protection of Human Rights (LAW), a member of the OMCT network, of extra judicial killings that have taken place in Israel on February 17th, 18th and 19th, 2003.
According to information received, on Sunday, February 16th, 2003, Israeli troops killed three Palestinians in Nablus during an operation to arrest Taysir Khaled, a member of the Democratic Front for the Liberation of Palestine (DFLP) and three of his associates. It is reported that Israeli troops accompanied by armoured personnel carriers (APCs) attacked a Nablus building where the DFLP offices are located. Troops reportedly used megaphones to order Mr. Khaled and his associates to surrender. According to the information received, the Israeli forces then opened fire on a crowd killing Ayman Abu Zant (17), Mohammad Takruri (35), and Firas Mabruka (22).
According to the information received, on February 17th, 2003, it is reported that that Riyad Abu Zeid, a Hamas activist, was extra-judicially killed in the Gaza strip, as well as two other Palestinians whose identities are not currently known.
In addition, on February 18th, 2003, 28-year old Mohammad Murr, a Hamas activist wanted by Israel, was extra-judicially executed in Yatta, a village south of Hebron City. It is reported that Israeli Special Forces disguised as Arabs and regular Israeli troops entered the village and surrounded Mr. Murr’s home. Mr. Murr attempted to flee his home and the Special Forces reportedly opened fire on him, wounding him in the left leg as he was running for his neighbour’s garden, causing him to fall to the ground bleeding. A soldier then reportedly approached him and, at a distance of 10 meters, shot and killed Mr. Murr. It is reported that Mr. Murr was unarmed at the time of his death. According to a report from the scene of the crime, Mr. Murr’s body contained a number of bullets, including three in his chest.
Furthermore, on February 19th, 2003, Nasser Abu Sufiyyeh (32) was reportedly killed after being forced at gunpoint to leave his elderly father in the hands of Israeli soldiers who had beaten the old man. According to the information received, at around 6am Nasser Abu Sufiyyeh was heading to his workplace in the Jasmine quarter in Nablus’ old city with his father, who is over 70 years old. An Israeli jeep stopped them, and after checking their ID cards, detained them and began beating Nasser’s elderly father. The soldier ordered Nasser at gunpoint to leave the area without his father. Nasser began to leave, but when he was at a distance of 40 meters from the soldiers, one opened fire at him without any justification. He was shot three times in the back and died of severe internal bleeding before his father’s eyes.
Finally, at around 12:30 in the afternoon of February 19th, 2003, 15-year old Mohammad al-Saber was shot in the shoulder while standing on the roof of an apartment building in the Ras al-Ein area. An Israeli sniper shot the boy, apparently from a higher position, as the bullet travelled down his body and settled in his mid-thigh. He was killed instantly. Seven others were injured, including four children: Said al-Bouz (16); Sabrine al-Tak (16); Mohammad Qadiri (17); Ahmad al-Badawi (17); Amid Ayyad (19); Tawfiq al-Najjar (20); and Samir Asmar (24).
LAW’s figures indicate that at least 125 Palestinians have been killed through extra-judicial executions during the ongoing second Intifada, not including bystanders. At the beginning of October 2002 the figures stood at at least 166 Palestinians killed in extra-judicial executions committed by Israel, including 63 Palestinian bystanders.
The International Secretariat of OMCT is gravely concerned by continued reports of further extra judicial executions by the Israeli authorities and calls on the authorities to immediately halt the use of such means. OMCT recalls that these “targeted assassinations” are carried out without recourse to even the most basic judicial procedures and no attempt is made to arrest the individuals in question. These extra-judicial killings constitute a gross and systematic violation of the right to life, the right to a fair trial and other human rights laws and standards. Not only are they clearly in violation of several of the provisions of the International Covenant on Civil and Political Rights, but, as wilful killings, they also constitute grave breaches of the Fourth Geneva Convention.
Furthermore, the circumstances under which most extra-judicial executions are 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.
Finally, OMCT recalls that Israel is a State Party to the Convention on the Rights of the Child, which states under Article 38, Paragraph 4) that: “In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict.”
Action requested
Please write to the authorities in Israel urging them to:
i. immediately halt the use of extra-judicial executions;
ii. guarantee adequate reparation to the victims’ families;
iii. 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;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, notably the Convention on the Rights of the Child.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, P O Box 187, Jerusalem 91919, Israel, Fax: +972 2 6705475; E-mail: pm_eng@pmo.gov.il
· Meir Sheetrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax: +972 2 6285438, E-mail: sar@justice.gov.il
· Brig. Gen. Menachem Finkelstein, Chief Military Attorney, Military postal code 9605, Israeli Defense Forces (IDF), Israel, Fax: +972 3 5694370
Please also write to the embassies of Israel in your respective country.
Geneva, February 19th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.