Report on human rights violations of Palestinians
Palestine-Israel, Military, 10/5/2005

Five years of the "al-Aqsa Intifada" (Palestinian uprising against occupation) have lapsed. Since its start, 3508 Palestinians and 1073 Israelis have been killed.

A report by The Palestinian Human Rights Monitoring Group (PHRMG) said:

During the time of the Intifada, several political initiatives have failed to stop violence and improve the humanitarian situation. The Israeli Disengagement Plan was the latest step done for the negotiating process. Until today, a high number of innocent people, comprising many children, have lost their lives.

During the al-Aqsa Intifada was the death of the professor Edward Saiid who passed away on July 28, 2005. In addition, one of the most important events during the al-Aqsa Intifada was the parting of the late President Yasser Arafat, and the accelerating changes that followed, pushing the Palestinian political system onto the brink of a new era that will have a serious impact and implications on the Palestinian territories and the lives and rights of its citizens.

In April of 2004, Israel's Prime Minister Ariel Sharon introduced a Disengagement Plan for withdrawing Jewish settlers and the Israeli forces from the Gaza Strip as well as from four settlements in the north of the West Bank. In August 14, 2005, the Israeli disengagement plan from Gaza was complete. It is worth mentioning that the implementation of the disengagement plan does not absolve the Israeli government from its obligations under its international humanitarian law in view of continued Israeli control over the borders, crossings, and Palestinian air space and waters.

Violations of human rights, perpetrated by Israeli occupying forces, have largely continued against Palestinian civilians. The human rights violations against Palestinian civilians mostly have been dealing with: house demolitions, assassinations, wide-spread killings, torture, arbitrary arrest and imprisonment, harsh prison conditions, land confiscation, settler violence, restriction of the freedom of movement, and destruction of private property.

The Israeli forces continued to target Palestinian resistance men, old people, women and children. Hundreds of Palestinians were killed by Israeli soldiers by direct gunfire in circumstances where there was no real danger to the soldiers. The Israeli military machine of tanks, heavy machine-guns and even war planes, continued to bombard Palestinian civilian residential areas, killing dozens of innocent civilians. Dozens of Palestinians, especially elderly ill people, passed away because of the Israeli military checkpoints scattered all over the West Bank and Gaza Strip. In spite of criticism from many humanitarian and legal organizations against the killing of civilian Palestinians, the Israeli government paid no attention and resumed its aggressive policy. The Israeli forces have committed, and are still committing, serious violations against civilians in the Occupied Territories. This represents a clear breach to the basic right of every person to live safely.

The Israeli Army has used all kinds of weapons and ammunition against Palestinian civilians that are normally used by armed forces in battlefields, such as bombardment by military helicopters, American made Apache and Cobra F-16 warplanes, tanks and heavy machine-guns. This resulted in the loss of hundreds of Palestinian lives and massive destruction of property.

On March 29 2002, after the Israeli army started what they called the "Defensive Shield" military operation, the Israeli aggression against Jenin Camp reached its highest after the Israeli government sent its tanks, soldier carriers, and heavy artillery and helicopter fighters to shell the camp. The number of Palestinian victims was 69. As for the destruction that occurred in the camp, the Israeli bulldozers completely destroyed 450 housing units, and partially destroyed another 300 units. Moreover, the Israeli forces have burnt another 60 units that remained unsuitable for human habitation. 5000 Palestinian families were left homeless.

In April 2002 the Israeli aggression continued in the Old City of Nablus and Balata Refugee Camp. 75 Palestinians were killed and hundreds wounded.

Destruction is seen in every street and corner in the Old City as if it was deserted. Most of the shops and stores were destroyed. Public squares have been turned upside down, and the infra-structure seized to exist. Even holy places, such as Al-Khadra Mosque, were destroyed. Many Palestinian homes were totally destroyed, especially in the Al-Yasmina neighborhood in the Old City of Nablus, where the Israeli Occupation Forces called people out of their homes, then bombed the houses and destroyed them completely.

Palestinians living in the Old City, and the refugee camps around Nablus (Balata, 'Askar, and al-Ein) suffered, and still suffer, disastrous conditions as a result of the destruction, siege and curfew imposed on these areas.

In January 2004, the Israeli military forces destroyed a neighborhood in Nablus. Israeli actions have left 20 families homeless after their houses, which were besides the Akoba's building, had been destroyed by an intense blast.

Since the beginning of the current Al-Aqsa Intifada, several Israeli incursions and military operations have targeted Rafah and its neighborhoods provoking dramatic consequences. Between the 13th of May and the 26th of May, an Israeli military operation in Rafah has taken place resulting in 62 Palestinian deaths. Among them, at least 14 children under the age 18 were killed. 220 houses were destroyed and about 150 buildings damaged, leaving at least 641 families or 4,000 individuals homeless. At least 700 donums of agricultural land were razed; 48 shops, 56 civilian structures, including a mosque and cemeteries, have been destroyed.

Killing of Children Since the start of this Intifada, 343 up to 14 years old; 320 from 15 to 17 years old) Palestinian children under age 18 have been killed by the Israeli Forces and 115 Israeli children have been killed by Palestinians.

The majority of them were killed when they were indiscriminately fired upon; during the bombardment of residential neighborhoods in cities, villages, and camps; during assassination operations; and during home demolitions. In most killings, the Israeli authorities did not open a serious investigation of the soldiers. The soldiers behind the killings were not brought to trial, and no punitive measures were taken against the killers. The absence of an investigation by the Israeli government in cases characterized by excessive use of force and the failure to bring the perpetrators to trial is considered shielding the perpetrators and it is an official encouragement for those who continue to commit acts of violence and killing against Palestinians.

Such sad atrocities are breaches of international and human rights law, as well as basic ethics for the respect of lives of children. The Declaration of the Rights of the Child of November 1959 Principle 2 states that, "The child shall enjoy special protection, and shall be given opportunities and facilities...to enable him to develop physically, mentally, morally, spiritually, and socially in a healthy and normal manner and in conditions of freedom and dignity." Such treaties are created and signed as essential guidelines for protecting innocent lives in all situations. These statutes must be upheld in all circumstances, and when they are not, international action must be taken to correct the situation. The PHRMG calls both sides, the Israeli and the Palestinians, to stop killings of children immediately, and bring to an end any sort of violence against them.

Assassination of Palestinian leaders and activists of Hamas, Islamic Jihad and Fatah continues. Since the inception of the "al-Aqsa" Intifada, 227 Palestinians have been assassinated by the Israeli forces, in addition to 88 bystanders. Assassination operations included the assassination of political leaders of Palestinian organizations such as Sheikh Ahmed Yassin and Dr. Abdel Aziz al-Rantisi. Assassinations do absolutely nothing for Israeli security except buy them time before the next attack. The PHRMG firmly rejects any kind of assassination and strongly condemns the act of killing that Israel flaunts in the face of the world.

Settlers Attacks Settler violence has increased during the Al-Aqsa Intifada. The settlers have reacted to what they see as inaction and restraint on the part of the army, by taking their own steps to crush the uprising and to increase their own 'security', including the controversial 'settler patrols.' Since the beginning of the Al-Aqsa Intifada, PHRMG has documented that at least 35 Palestinians have been killed by settlers.

On July 28, 2002, Israeli settlers went on a violent rampage into the Old City of Hebron, attacking innocent Palestinian civilians, murdering and stabbing two children, and burning houses and stalls in an open market. On the 4th of August, a settler opened fire on a bus in the Arab town of Shfaram, killing four Palestinians. Moreover, on the 17th of August, a West Bank settler shot to death four Palestinians and wounded two others, one of them seriously.

The Separation Wall In April 2002, the Israeli government authorized a plan for building the separation wall in the West Bank. In June 2002, Israel began implementing the first stage of construction of this wall, which extends from the northern to southern West Bank and around Jerusalem. Nearly 90% of the route it follows is located on Palestinian lands inside the West Bank.

The construction of the separation barrier (the "apartheid" wall), throughout the West Bank territory and not only alongside the "Green Line, is confiscating large areas of Palestinian lands, barring Palestinian people from several basic services. The building of the barrier has indeed brought awful consequences upon Palestinians lives, seriously restricting their freedom of movement and preventing them to reach their fields (which often is their only source of life), as well as schools, hospitals, etc.

Moreover, the fence cuts off villages from the urban centers, making access to markets difficult.

Construction on the wall inside the occupied territories violates international humanitarian law, in that any measure taken by Israel in the occupied territories in the name of security may be bound by the corollary duties under this law.

Prisoners and Detainees and Violation of their Rights Since the beginning of the Israeli occupation in 1967, more than 650,000 Palestinians have been arrested by Israeli authorities. Currently, 7500 Palestinian prisoners are reportedly held in detention by Israel. Among them are 391 children, 129 women and 985 administrative detainees. Also among the detainees are the PLC members Marwan Barghouti and Husam Khader, the PLO executive Committee member Abdek Rahim Malluh, along with other political leaders. Administrative detention procedure, allows Israeli authorities to arrest Palestinians without any charge or trial for indefinite periods of time, just claiming unspecified "security reasons." The Palestinian prisoners' cause has become a major part of the daily life of Palestinian people. It has its distinguished features expressed in its struggle within prison walls for proper human conditions and freedom.

While, from one side, Israeli occupying forces release some prisoners due to the agreements, they arrest other Palestinian civilians from the other one. The PHRMG points to and reveals the various aspects of the inhumane treatment that Palestinian prisoners are subjected to, and the unacceptable conditions and situations that Palestinian prisoners still face in most, if not all, Israeli jails. Particularly, the Palestinians detained in Israeli prisons daily suffer: restrictions on family visits; daily strip searches; indiscriminate beatings in the cells and during the interrogation process; etc.

Checkpoints, gates, earth mounds, ditches and concrete roadblocks daily obstruct and humiliate West Bank Palestinians in their normal lives. Since the inception of the "al-Aqsa Intifada," 93 Palestinians have been killed at checkpoints. This situation is dramatically increasing the frustration of the Palestinians, and will never lead to the improvement of any peace-process. These absurd and unjustifiable closure and restrictions humiliate, cause difficulties and make the Palestinians' way lives nearly impossible.

Following is a table that shows the number of Palestinian fatalities killed by Israelis during the al-Aqsa Intifada |----------------------------------------------+--------------------------| |Classifications | Number of Fatalities | | | | |----------------------------------------------+--------------------------| |General | 3508 | |----------------------------------------------+--------------------------| |Palestinians assassinated | 227 | |----------------------------------------------+--------------------------| |Palestinian bystanders | 88 | |----------------------------------------------+--------------------------| |Palestinian children between the age 0-14 | 343 | |----------------------------------------------+--------------------------| |Palestinian children between the age 15-17 | 320 | |----------------------------------------------+--------------------------| |Palestinian Journalist | 6 | |----------------------------------------------+--------------------------| |Foreigners | 7 | |----------------------------------------------+--------------------------| |Palestinians killed by Israeli Settlers | 35 | |----------------------------------------------+--------------------------| |Palestinians died at checkpoints | 93 | |----------------------------------------------+--------------------------| |Palestinian citizens of Israel | 17 | |----------------------------------------------+--------------------------| Suicide Bombers Since "al-Aqsa Intifada," 165 suicide bombers have died in suicide bombing attacks. Among the largest suicide attacks was the attack that was committed by Hamas at the entrance of the Dolphinarium in Tel Aviv on June 1, 2001, resulting in the death of 21 Israeli civilians. Another large attack was done in March 27, 2003 by Al-'Qassam Brigades in Netanya, resulting in the death of 27 civilians.

Following is a table that shows the number of Suicide attacks committed by Palestinian activists during the al-Aqsa Intifada |---------------------------+---------------------------------------------| |Year |Number of Suicide Attacks | | | | |---------------------------+---------------------------------------------| |2000 |3 | |---------------------------+---------------------------------------------| |2001 |44 | |---------------------------+---------------------------------------------| |2002 |73 | |---------------------------+---------------------------------------------| |2003 |25 | |---------------------------+---------------------------------------------| |2004 |16 | |---------------------------+---------------------------------------------| |2005 |4 | |---------------------------+---------------------------------------------| It is clear that the year 2002 scores the biggest number of suicide attacks. The PHRMG condemns all suicide bombing attacks murdering innocent people and calls on stopping killing innocent civilians of both sides.

Violations of Palestinian Authority: The Palestinian public authorities violate various aspects of Palestinian citizens' rights and freedoms. The rights includes: the right to life, to freedom, to personal safety, to protection from safety, to freedom of opinion and expression, to protection from forcible disappearance as well as other rights and freedoms guaranteed in the national aw sans international human rights covenants.

As far as the Palestinian Authority is concerned, five years after the beginning of the second Intifada Al-Aqsa, it still gives the perceptible impression to be broken, politically fractured, riddled with corruption, unable to provide security for its own people. Kidnappings, violent occupations of public buildings, internal fractures do not represent anything but the extreme need of a comprehensive reform within the PA apparatuses.

Some citizens' rights and freedom were undermined by unofficial parties.

Many Palestinian civilians were killed by armed people on various pretexts and the Palestinian competent authorities failed to fulfill their duty to prevent these killings or reveal of perpetrators and bring them to justice.

In addition, attacks of PLC representatives and their offices by unknown assailants took place during the al-Aqsa Intifada. One of the attacks was the attempted assassination of Representative Nabil Amr July 20, 2005 that resulted in partial leg amputation. Another attack was firing upon the house of the Representative Abdel Jawad Saleh. A recent example was the assassination of Former PA Security Chief Moussa Arafat in September 7, 2005 Since the beginning of the Al-Aqsa Intifada, the number of small arms in the Occupied Palestinians Territories has dramatically increased. These weapons have added a much more militant and violent "flavor" to the Palestinian uprising, being considered not only "means of resistance" against the occupation, the siege, the closures, and the crimes perpetrated by the Israeli forces, but even tools to harm fellow Palestinians and Palestinian officials. The PHRMG is particularly concerned about the high number of collaborators, 112, that have been killed since September 29, 2000. The PHRMG is convinced that the collaboration "offered" by Palestinians to the Israeli authorities represents an extraordinary mechanism for facilitating the Israeli perpetration of crimes against Palestinian people; however the PHRMG vehemently criticizes the assassination of collaborators: violence and killing must be condemned regardless the perpetrators.

Following is a table that shows the number of Palestinian fatalities killed by Palestinians during the al-Aqsa Intifada |-------------------------------------------+-----------------------------| | Classification | Number of Fatalities | | | | |-------------------------------------------+-----------------------------| |Suspected collaborators killed by armed | 112 | |Palestinians in the street | | |-------------------------------------------+-----------------------------| |Palestinians killed by the PA Security | 28 | |Forces | | |-------------------------------------------+-----------------------------| |Execution | 2 | |-------------------------------------------+-----------------------------| |Suspected collaborators died in custody | 6 | |-------------------------------------------+-----------------------------| |Palestinians died as a result of gunfire | 275 | |-------------------------------------------+-----------------------------| |Palestinians died as a result of stabbing | 30 | |-------------------------------------------+-----------------------------| |Palestinians beaten to death | 4 | |-------------------------------------------+-----------------------------| Final calls The PHRMG, considering the deteriorating situation in the OPT, calls upon the Palestinian Authority to provide any possible effort for starting comprehensive and reliable reform within the PA institutions. It would represent, with out any doubt, a decisive step in order to enhance the struggle of the Palestinian people against Israeli occupation and toward the establishment of a viable, independent and democratic Palestinian State.

The killing of Palestinian civilians constitutes a violation of international law and human rights conventions. Article 147 of the Forth Geneva Convention prohibits all forms of assault on the life or security of protected civilians and regards an assault on the right to life to be a grave breach of the Convention. Grave breaches are considered war crimes according to article 85/5 of the First Additional Protocol of the Fourth Geneva Convention of 1977 relative to the protection of victims of international armed conflicts, and according to Article 8 of the Rome Statue of the 1998 International Criminal Court, which regards as a war crime "killing or wounding treacherously individuals belonging to the hostile nation or army." It is also regarded as a war crime to direct attacks with prior knowledge that they will lead to the killing or injury of civilians. Article 3 of the 1948 Universal Declaration of Human Rights states: "Everyone has the right to life, liberty and security of person. In addition, Article 6 of the 1966 International Covenant and Political Rights states: "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life." Furthermore, the Amnesty International Report for 2004 affirms that the Israeli army commits war crimes against Palestinians.

The PHRMG calls upon Israeli authorities to stop such brutal military operations throughout the Occupied Palestinian Territories. They are often disproportionate and unjustifiable, inflicting Palestinian people inexcusable "collective punishments." Finally, the PHRMG calls upon the International Community to provide its best effort in order to monitor the violations committed by both parties in the OPT. Only through a strong commitment of the whole international institutions the peace process may be kept alive.

Note: This report was prepared by The Palestinian Human Rights Monitoring Group (PHRMG) which is a Palestinian, independent, non-governmental organization working to end human rights violations committed against Palestinians in the West Bank, Gaza Strip, and East Jerusalem, regardless of those responsible. The members of the Monitoring Group believe that the strength of democracy and civil society in Palestinian society will be determined by the Palestinian people, through their defense or neglect of human rights.

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