Israel/OPT
09.07.03
Urgent Interventions
Press release - Israel: High Court rejects request for interim injunction prohibiting policy of assassinations
PRESS RELEASE
Geneva, July 9th, 2003
Israel and the Occupied Territories: High Court rejects request for interim injunction prohibiting policy of assassinations
The World Organisation Against Torture (OMCT) lends its support to the actions being undertaken by local NGOs to halt the policy of assassinations that is being carried out in the Occupied Territories, and regrets the July 8th, 2003, High Court of Justice decision to deny these requests, as it constitutes a serious setback to these efforts.
On July 8th, 2003 the Israeli High Court of Justice held a hearing concerning the January 24th, 2002 petition that had been jointly submitted by LAW (the Palestinian Society for the Protection of Human Rights and the Environment) and PCATI (the Public Committee Against Torture in Israel) - both members of OMCT’s network - requesting an end to the policy of assassinations, also called targeted killings, that are being carried out in the Occupied Territories against presumed terrorists. In addition, hundreds of civilians – so-called bystanders - have become victims of this indiscriminate use of force.
The petitioners had asked the court, during the hearing, to impose an interim injunction prohibiting the assassinations while awaiting a final decision regarding the petition. Chief Justice Aharon Barak and Justices Theodore Or and Eliyahu Matza denied the request for an interim injunction prohibiting the ordering of or carrying out of such assassinations, and OMCT fears that this will lead to further injury to and loss of life of civilians.
The petitioners mentioned above had solicited the advice of professor Antonio Cassese, a world-renowned expert in the field of international humanitarian law, concerning the policy in question. Mr. Cassese strongly condemned the attitude of the Israeli authorities, and stated, in particular, that the assassinations committed by the Israeli defence forces in the Occupied Territories could be considered as being war crimes. The Government of Israel has been given 60 days by the Court to reply to the arguments presented by the petitioners including the opinion of Professor Antonio Cassese.
OMCT strongly supports the actions undertaken by LAW and PCATI. This policy of assassinations, which has been carried out for several years by the Israeli defence forces, is in violation of numerous provisions of international treaties to which Israeli is party, notably those concerning international human rights and humanitarian law.
OMCT, in agreement with the afore-mentioned organisations, considers that the killing of civilians suspected of carrying out terrorist activities while they are not directly engaged in such activities, constitute blatant violations of the obligation to distinguish between civilians and combatants — a fundamental tenet of the Geneva Conventions. Additionally, such acts violate the provisions of the International Covenant on Civil and Political Rights that prohibit extra-judicial executions (art.6.1).
OMCT recalls that these attacks, that target presumed terrorists, are being carried out without judicial control and in denial of the principle of the presumption of innocence. These arbitrary executions constitute a systematic violation of the right to life, the right to due process, amongst other violations.
Although OMCT is of the opinion that the struggle to protect national security is a recognizable necessity, it notes with grave concern the growing danger of an erosion of core human rights guarantees brought about by the use of methods that are incompatible with the rule of law by democratic countries in the context of this struggle.
Finally, OMCT believes that at a time when the possibility of advances towards peace in the region are emerging, the High Court of Justice could and should have sent a strong message signalling the return of legal primacy, by imposing a moratorium on the assassinations. OMCT hopes that the Court’s final decision concerning the petition will put an end to these extra-judicial executions, and, as such, presage a willingness by Israel to act in accordance with international law and standards, without which sustainable peace in the region will surely remain elusive.
For more information please contact OMCT at: Tel + 41 22 809 49 39; Fax + 41 22 809 49 29, E-mail omct@omct.org
Geneva, July 9th, 2003
Israel and the Occupied Territories: High Court rejects request for interim injunction prohibiting policy of assassinations
The World Organisation Against Torture (OMCT) lends its support to the actions being undertaken by local NGOs to halt the policy of assassinations that is being carried out in the Occupied Territories, and regrets the July 8th, 2003, High Court of Justice decision to deny these requests, as it constitutes a serious setback to these efforts.
On July 8th, 2003 the Israeli High Court of Justice held a hearing concerning the January 24th, 2002 petition that had been jointly submitted by LAW (the Palestinian Society for the Protection of Human Rights and the Environment) and PCATI (the Public Committee Against Torture in Israel) - both members of OMCT’s network - requesting an end to the policy of assassinations, also called targeted killings, that are being carried out in the Occupied Territories against presumed terrorists. In addition, hundreds of civilians – so-called bystanders - have become victims of this indiscriminate use of force.
The petitioners had asked the court, during the hearing, to impose an interim injunction prohibiting the assassinations while awaiting a final decision regarding the petition. Chief Justice Aharon Barak and Justices Theodore Or and Eliyahu Matza denied the request for an interim injunction prohibiting the ordering of or carrying out of such assassinations, and OMCT fears that this will lead to further injury to and loss of life of civilians.
The petitioners mentioned above had solicited the advice of professor Antonio Cassese, a world-renowned expert in the field of international humanitarian law, concerning the policy in question. Mr. Cassese strongly condemned the attitude of the Israeli authorities, and stated, in particular, that the assassinations committed by the Israeli defence forces in the Occupied Territories could be considered as being war crimes. The Government of Israel has been given 60 days by the Court to reply to the arguments presented by the petitioners including the opinion of Professor Antonio Cassese.
OMCT strongly supports the actions undertaken by LAW and PCATI. This policy of assassinations, which has been carried out for several years by the Israeli defence forces, is in violation of numerous provisions of international treaties to which Israeli is party, notably those concerning international human rights and humanitarian law.
OMCT, in agreement with the afore-mentioned organisations, considers that the killing of civilians suspected of carrying out terrorist activities while they are not directly engaged in such activities, constitute blatant violations of the obligation to distinguish between civilians and combatants — a fundamental tenet of the Geneva Conventions. Additionally, such acts violate the provisions of the International Covenant on Civil and Political Rights that prohibit extra-judicial executions (art.6.1).
OMCT recalls that these attacks, that target presumed terrorists, are being carried out without judicial control and in denial of the principle of the presumption of innocence. These arbitrary executions constitute a systematic violation of the right to life, the right to due process, amongst other violations.
Although OMCT is of the opinion that the struggle to protect national security is a recognizable necessity, it notes with grave concern the growing danger of an erosion of core human rights guarantees brought about by the use of methods that are incompatible with the rule of law by democratic countries in the context of this struggle.
Finally, OMCT believes that at a time when the possibility of advances towards peace in the region are emerging, the High Court of Justice could and should have sent a strong message signalling the return of legal primacy, by imposing a moratorium on the assassinations. OMCT hopes that the Court’s final decision concerning the petition will put an end to these extra-judicial executions, and, as such, presage a willingness by Israel to act in accordance with international law and standards, without which sustainable peace in the region will surely remain elusive.
For more information please contact OMCT at: Tel + 41 22 809 49 39; Fax + 41 22 809 49 29, E-mail omct@omct.org