Israel/OPT
01.10.02
Urgent Interventions
Israel: two more extrajudicial executions accompanied by the wounding of 40 bystanders, including 15 children
Case ISR 011002 / 011002.CC
GENERAL APPEAL / CHILD CONCERN
Extrajudicial executions
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Autonomous Palestine Areas.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Palestinian Society for the Protection of Human Rights and the Environment (LAW), a member of the OMCT network, of the extrajudicial killing of two Palestinian persons and the wounding of forty bystanders, including 15 children in Gaza City.
According to the information received, on Thursday September 26th, 2002, Israeli forces attempted to assassinate Mohammad Dayf (36), who Israel claims is one of their most wanted men. The Israeli assault reportedly killed 'Abd al-Rahim Hamdan (40) and 'Issa Barakeh (35) and wounded forty Palestinians, including fifteen children.
According to information received, at around 2:00 pm, Mr. Dayf was thought to be leaving a house where condolences were being offered to the family of Hanaa' Abu Sultan, who was recently killed by the Israeli occupation forces. Mr. Dayf was thought to have been accompanied by Mr. Hamdan and Mr. Barakeh in a car leaving the house, and when the car in question approached an intersection in the middle of Gaza city, an Israeli Apache attack helicopter fired two missiles at the car. 'Abd al-Rahim Hamdan and 'Issa Barakeh were killed instantly, and forty bystanders were wounded, among them fifteen children. Reports indicate that Mr. Dayf survived the attack and may not even have been in the car at the time of the attack. Sources at the Dar al-Shifa hospital state that six Palestinians, including four children, are in a serious medical condition. The report from LAW stated that the street where the attack happened was crowded with children and traffic. It happened at the end of the school day and school children were returning home. According to LAW's findings, at least 166 Palestinians have so far been killed in extra-judicial executions committed by Israel, including 63 Palestinian bystanders.
The International Secretariat of OMCT is gravely concerned by yet another report of extra-judicial executions and wounding of bystanders by the Israeli authorities and calls on the authorities to immediately halt the use of such acts. OMCT recalls that these so-called “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. intervene with the appropriate authorities in order to secure that the adequate medical assistance is provided as a matter of urgency to the persons injured in this attack;
ii. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
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 adequate reparation to all injured people and the families of the persons who lost their lives in this attack;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax: + 972 2 670 5475 / 972 2 651 2631, E-mail: pm_heb@pmo.gov.il
· Meir Shetrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, State of Israel. Fax: + 972 2 628 8618, Email: sar@justice.gov.il
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Email: sar@moin.gov.il
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax: (+ 972 2) 530 35 06, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 675 96 48
· Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 37 Kaplan st., Tel-Aviv 61909, Israel. Fax: 972-3-6962757
· Elyakim Rubinstein, Attorney-General, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax: + 972 2 628 5438
· Brigadier Menachem Finkelstein, Judge Advocate General, Ministry of Defence, Lishkat Ha Patzar, Ha Kirya, Tel Aviv, Fax: + 972 3 569 4569 / 972 -3- 569-2094
Please also write to the embassies of Israel in your respective country.
Geneva, October 1st, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
GENERAL APPEAL / CHILD CONCERN
Extrajudicial executions
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Autonomous Palestine Areas.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Palestinian Society for the Protection of Human Rights and the Environment (LAW), a member of the OMCT network, of the extrajudicial killing of two Palestinian persons and the wounding of forty bystanders, including 15 children in Gaza City.
According to the information received, on Thursday September 26th, 2002, Israeli forces attempted to assassinate Mohammad Dayf (36), who Israel claims is one of their most wanted men. The Israeli assault reportedly killed 'Abd al-Rahim Hamdan (40) and 'Issa Barakeh (35) and wounded forty Palestinians, including fifteen children.
According to information received, at around 2:00 pm, Mr. Dayf was thought to be leaving a house where condolences were being offered to the family of Hanaa' Abu Sultan, who was recently killed by the Israeli occupation forces. Mr. Dayf was thought to have been accompanied by Mr. Hamdan and Mr. Barakeh in a car leaving the house, and when the car in question approached an intersection in the middle of Gaza city, an Israeli Apache attack helicopter fired two missiles at the car. 'Abd al-Rahim Hamdan and 'Issa Barakeh were killed instantly, and forty bystanders were wounded, among them fifteen children. Reports indicate that Mr. Dayf survived the attack and may not even have been in the car at the time of the attack. Sources at the Dar al-Shifa hospital state that six Palestinians, including four children, are in a serious medical condition. The report from LAW stated that the street where the attack happened was crowded with children and traffic. It happened at the end of the school day and school children were returning home. According to LAW's findings, at least 166 Palestinians have so far been killed in extra-judicial executions committed by Israel, including 63 Palestinian bystanders.
The International Secretariat of OMCT is gravely concerned by yet another report of extra-judicial executions and wounding of bystanders by the Israeli authorities and calls on the authorities to immediately halt the use of such acts. OMCT recalls that these so-called “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. intervene with the appropriate authorities in order to secure that the adequate medical assistance is provided as a matter of urgency to the persons injured in this attack;
ii. take all necessary measures to guarantee the physical and psychological integrity of the above-mentioned persons;
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 adequate reparation to all injured people and the families of the persons who lost their lives in this attack;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax: + 972 2 670 5475 / 972 2 651 2631, E-mail: pm_heb@pmo.gov.il
· Meir Shetrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, State of Israel. Fax: + 972 2 628 8618, Email: sar@justice.gov.il
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Email: sar@moin.gov.il
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax: (+ 972 2) 530 35 06, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 675 96 48
· Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 37 Kaplan st., Tel-Aviv 61909, Israel. Fax: 972-3-6962757
· Elyakim Rubinstein, Attorney-General, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91010, Israel, Fax: + 972 2 628 5438
· Brigadier Menachem Finkelstein, Judge Advocate General, Ministry of Defence, Lishkat Ha Patzar, Ha Kirya, Tel Aviv, Fax: + 972 3 569 4569 / 972 -3- 569-2094
Please also write to the embassies of Israel in your respective country.
Geneva, October 1st, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.