Violating the Right to Life and Security of Person

 
(Prepared by LAW - the Palestinian Society for the Protection of Human Rights and the Environment)
 
February 19, 2001


"The types of weapons used to disperse demonstrators are lethal and should only be used for armed battles, not for maintaining order and security during demonstrations. There is little or no adherence to international standards or even to the guidelines issued by the Israeli occupation forces..."

Over the past few months the Israeli authorities have directly violated the rights of Palestinian civilians, particularly their right to life and security of person. Since Sharon's provocative visit to Haram Al Sharif on 28 September 2000, the Israeli army has used excessive and indiscriminate force, including heavy war weaponry, to disperse demonstrators. Between 29 September 2000 and 29 January 2001, Israeli forces, police and settlers killed 324 Palestinians and injured approximately 11,000, as well as imposing a tight military closure on the Occupied Territories. Such arbitrary measures are clearly in breach of international humanitarian law.

299 of the above were killed by the Israeli army, 12 by the Israeli police and 11 by settlers. Geographically, 191 of the Palestinians killed were from the West Bank, 118 from the Gaza Strip and 13 from inside the green line (ie, Israeli citizens). 38 were killed away from clash points, 106 were children and 8 were women.

In the first three months of the uprising, LAW observed 10,535 injuries, including 2,129 injuries from live ammunition (20%), 4,101 from rubber-coated steel bullets (39%), 3,235 from tear gas inhalation (31%), 6 burns and 1,064 injuries from glass, bruises and fractures.

LAW documented 6,060 of these injuries, including 1,440 in the head and neck, 2,014 in the chest and abdomen and 2,277 in the limbs. This means that 57% were hit in the upper parts of the body. 2,504 (41.3%) of the cases we documented involved children and only 4% were members of Palestinian security forces.

The confrontations between Palestinian civilians and the Israeli army in different Palestinian districts in the West Bank and Gaza Strip, occupied Jerusalem and even Arab areas within the Green Line have followed a consistent pattern. Palestinian civilians tend to gather, in most cases spontaneously, after funerals or in protest at the killing of Palestinians the day before. In some cases national or Islamist forces in Palestinian districts have organised demonstrations near confrontation points such as military checkpoints or roads leading to settlements. Within the Green Line, such demonstrations tend to take place on a confiscated Palestinian land.

Demonstrations include hundreds or even thousands of people, and civilian demonstrators greatly outnumber the Palestinian forces. At the front of demonstrations there is usually a 'core' group that confront Israeli soldiers. In most cases, demonstrations begin peacefully and end with Israeli use of lethal force. The Israeli side is fully prepared for such demonstrations: soldiers confronting young Palestinians are well equipped, with protective clothing such as bullet-proof vests, flack jackets and helmets, and armoured vehicles. They are usually stationed in outposts or raised military fortresses between 50-100 metres from flashpoints, or on the roofs of nearby buildings.

Clashes begin when the core demonstrators start throwing stones and, sometimes, 'Molotov cocktails' (glass bottles containing petrol and an ignited wick) at the Israeli soldiers, who retaliate with teargas bombs and rubber-coated metal bullets. Events escalate rapidly, until (usually within minutes) the security forces begin to shoot lethal weaponry - rubber or plastic-coated metal bullets and live ammunition. Serious casualties are inevitable.

According to information gathered by LAW, most eyewitnesses confirm that the Israeli army has only rarely used practical peaceful means to disperse demonstrators, but instead resort to dangerous ammunition without prior notice, as teargas is usually released simultaneously with the first firing of ammunition by the Israeli army. In extraordinary cases, the Israeli army may find justification for using artillery in self-defence, but overwhelmingly soldiers could have used peaceful methods without endangering their lives. Sworn affidavits to LAW confirm that the majority of Palestinian security forces hit or killed during clashes were away from clash points, while in the cases where they did intervene in clashes it was in reaction to seeing their colleagues being hit or killed without justification. Most of the deaths during the Intifada have occurred during demonstrations where the only weapons used by Palestinians were stones, which do not cause a direct or severe threat to the lives of Israeli soldiers.

IDF 0pen Fire Regulations and International Legal Standards:

IDF Open Fire Regulations
The IDF Open Fire Regulations for the Palestinian Territories provide that rubber coated metal bullets should only be used if other means of riot control, such as teargas and water jets, are ineffective. In such cases, rubber coated metal bullets should not be fired from a distance of less than 40 meters, and should be aimed at the legs of a person identified as one of the rioters or stone-throwers. It is prohibited to fire rubber coated metal bullets at children.

International Legal Standards
Article 2 of the 1979 UN Code of Conduct for Law Enforcement Officials provides that law enforcement officials shall "respect and protect human dignity and maintain and uphold the human rights of all persons" in the performance of their duties.

By the standards set out in the 1990 UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, law enforcement officials

"shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury, to prevent the perpetration of a particularly serious crime involving grave threat to life, and only when less extreme means are insufficient to achieve these objectives. In any event, international lethal use of firearms may only be made when strictly unavoidable in order to protect life." (Principle 9).

According to Principle 5, if the use of force and firearms is unavoidable, law enforcement officials shall:

"(a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved;
(b) Minimize damage and injury, and respect and preserve human life;
(c) Ensure that assistant and medical aid are rendered to any injured or affected persons at the earliest moment."

According to Principle 22, "where injury or death is caused by the use of force and firearms by law enforcement officials, they shall report the incident promptly to their superiors."

Article 6 of the International Covenant on Civil and Political Rights (ICCPR) states that "every human being has the inherent right to life" and that "no one shall be arbitrary deprived of his life."

Official guidelines issued to Israeli troops for opening fire in the Occupied Territories:
The official guidelines issued to Israeli troops state,

"At points of conflict and disturbances, when there is a life-threatening situation, materials for dispersing demonstrations should be used, then shooting in the air, and only if these means do not bring results can troops fire live ammunition at the legs, according to the instructions of the local commander."
  1. A soldier shall not use firearms against persons except in self-defence or defence of others against the imminent threat of death or serious injury.
  2. Firearms aim at injuring the attacker only to prevent grave threat to life.
  3. Firearms should only be used once danger is presented.
  4. In the same contract, there is insistence that soldiers must at first use peaceful means to disperse people involved in "riot actions". In order to disperse a riot there should be prior notice, but if the riot has not ended after a reasonable period of time, it is permitted to graduate methods of dispersing demonstrators, as follows:
    • Teargas, water jets and explosive bombs
    • Firing warning shots in the air.
    • Shooting rubber bullets (RM, GG Roma, RRNM)

There should not be a transfer from one stage to the next unless the previous stage has proved ineffective in putting an end to a riot. It is only permitted to skip a stage if no special means are available to police, or if that stage was not applicable to the circumstances.

The use of these means is applied according to the instructions of the local commander. In the case where all other means, including rubber-coated metal bullets, have failed to disperse the riot, plastic bullets may be used, but only as a last resort for putting an end to riot or stone- throwing.

Types of artillery used in dispersing demonstrators:
During the uprising, Israeli occupation forces have responded to Palestinian demonstrators with lethal military force, clearly departing from the required policing methods. They have made use of the types of weapons that should only be used for armed battles and not for maintaining order and security during demonstrations. Through their combat tactics, Israeli forces have committed a wide range of violations of international humanitarian law, especially the 1949 IV Geneva Convention (supported by a strong international consensus and applicable to the occupied territories). They have made use of most types of light and heavy weapons, including helicopters, tanks, gunships, snipers and undercover soldiers. There is evidence of such weapon use at most clash points visited by LAW representatives, where live ammunition, teargas, rubber coated metal bullets, shrapnel bombs and heavy artillery have been fired.

Among the types of artillery used in clashes are:

Teargas bombs: 31% of the total injuries were from teargas. Many eyewitnesses have stated that the kind of gas used was very effective in comparison to previous incidents, since it covers a wide area. LAW has reported four cases of death due to gas inhalation and 3,235 cases of dangerous breathing difficulties, in some cases to such a degree that they have led to great health complications, especially for pregnant women and newborn babies.

Steel, and rubber-coated metal, bullets: According to information gathered by LAW, 39% of the total injuries were due to rubber-coated metal bullets. According to field researchers and eyewitnesses, there are various classifications of rubber-coated metal bullets, as follows:

  1. Steel bullet: These 17mm in diameter metal bullets are very dangerous, especially when fired from close range. This kind has been used a great deal and has led to the deaths of many, including Bilal Khalifa, Haitham Skafi, Nizar Shweiki and Yihya Faraj on 28 September 2001.
  2. Rubber-coated steel bullet: These are similar to the first kind in size and effect, and the rubber coating does not render them any less dangerous.
  3. Cylindrical rubber coated steel bullet: These are cylindrical, 17mm x 18 mm metal bullets coated with thick high-density rubber. They are no more dangerous when used from close range (40m is the internationally-permitted range), but they become more dangerous when they areas such as the eye. LAW representatives have neither witnessed nor gathered information about Israeli security forces using this artillery, because these bullets seem to lack accuracy and do not cause death.

Live ammunition: including gunshot, high velocity and 'exploding' bullets that fragment inside the body upon impact. 20% of the total injuries were caused by this kind of artillery. In recent clashes, Israel made wide use of different kinds of live ammunition. According to statistics, most deaths were caused by this kind of ammunition.

Automatic weapons and anti-armour (LAU) missiles: shot from military helicopters (such as the Apache) and tanks. According to LAW's information, dozens of people have been injured by such missiles, which also account for 13% of the total deaths, including that of 12 year-old Samer Tabanja from Nablus who was hit by a missile on the roof of his home.

Excessive Israeli use of force:
The types of weapons used to disperse demonstrators are lethal and should only be used for armed battles, not for maintaining order and security during demonstrations. There is little or no adherence to international standards or even to the guidelines issued by the Israeli occupation forces, even when dealing with the Palestinian citizens of Israel who were subjected to force similar to that used against their Palestinian neighbours in the West Bank and Gaza. There have been many cases of excessive and lethal force in dispersing demonstrators.

(1) Violating the principle of graduation in dispersing demonstrations:
During the current uprising many eyewitnesses have stated that Israeli occupation forces have used rubber-coated and live ammunition on demonstrators without warning or first giving them the chance to disperse. Evidence points to the fact that soldiers at different conflict points have neglected to fist make use of less dangerous methods of crowd dispersal, such as water jets or sound bombs. For instance, 37 year-old Hussein Isawi made the following statement about the events of 29 September 2000:

"That day, I was standing close to Al Magharbeh gate in the Haram Al Sharif for the noon prayers. As the prayers came to an end, Israeli soldiers opened fire at Palestinian worshippers without notice. 5 metres away from where I was standing were three Israeli soldiers. One of them shot directly at me, hitting me in the left eye. My eye has had to be removed."

(2) Violating the principle of proportionality in the use of force:
According to the principle of proportionality, a principle in international martial law, civilians and other civil targets should not be the target of attack. Moreover, great attention must be paid to choosing the methods, weapons and objectives that would guarantee the least possible destruction and suffering when attacking a military target. In spite of the fact that the Israeli army is dealing with overwhelmingly civilian demonstrators, the great number of Palestinian deaths and injuries would indicate Israeli intent to kill rather than simply to disperse demonstrators, particularly with the use of heavy weaponry and snipers with silencers on their guns.

(3) Unprovoked killing:
Many Palestinian civilians have been killed away from clash points, even inside their homes. For example, 18 year-old Iyyad Ahmad from Nablus was killed on the roof of a building away from any clash point; Abdel Aziz Abu Sneineh, 55, was killed due to the shelling of his house, during which his four children were also injured (See 'Death by shelling' below); 30 year-old Fayez Al Qeimari from Hebron was killed on a sidewalk; 28 year-old Wa'el Ghneim from Al Khader near Bethlehem died in his house as it was attacked by a helicopter gunship; Rahma Shahin, 51, and Aziza Jubran, 56, both from Beit Sahour, were killed during the shelling of Hussein Abayyat's car.

15 year old Khaled Al Bazyian from Nablus was killed on 30 September 2000. His father stated:

"At around 11:00am that day, Khaled was participating in a peaceful demonstration on Al Quds street in Nablus when Israeli soldiers opened heavy machinegun fire at demonstrators. Khaled was hit in the side and died instantly."

(4) Wilful killing:
According to information gathered by LAW, Israeli soldiers and settlers have wilfully killed many Palestinians, including children. Muhammad Al Durra, for instance, was a victim of this policy. According to information gathered by LAW, Israeli special forces, snipers or settlers have committed many such deliberate killings. The uncle of 16 year-old Tayseer Qatawi from Balata refugee camp in Nablus, stated:

"At around 5pm on 12 October 2000, while Tayseer was on Amman Street opposite Joseph's Tomb, watching the clashes, a bullet from an Israeli sniper stationed on Jezrim Mountain hit him in the left eye and penetrated his brain. He died instantly."

(5) Political Assassination - Execution:
On the order of their military and political commanders, Israeli occupation forces have been conducting a 'cleansing' policy against Palestinian political activists. This policy was initially implemented on 9 November 2000, when an Israeli gunship shelled the car of 37 year-old Fateh activist Muhammad Abayyat from Al Taamra near Bethlehem, causing the death of Abayyat and two women who happened to be in the vicinity. According to information gathered by LAW, Israel has executed 9 other Palestinians in targeted assassinations since Abayyat, with little heed for the safety or life of civilians who happen to be nearby:

  1. The car of 30 year-old Jamal Abd Al Razeq from Rafah was hit by a missile. In the assassination, three others from Rafah were also killed: 37 year-old Awni Ithher, 35 year-old Khalil Al Sha'er and 25 year-old Na'el Al Liddawi.
  2. Ibrahim Bani Odeh, 34, from Tamoun died in a car bomb placed by Israeli Intelligence in the car of his cousin, Alan Bani Odeh.
  3. Anwar Himran, 28, from Araba in Jenin, was hit by 19 bullets fired from an Israeli outpost at the top of Ibal mountain, south Araba, while he was standing on the sidewalk in front of Al Quds University's Nablus branch.
  4. Yousif Swai, 28, from Al Khader near Bethlehem was hit by 17 heavy machinegun bullets while standing in front of his house.
  5. Abbas Al Iiwewi, 26, from Hebron, was killed by 3 bullets as he stood outside his shop on Al Adel street in the middle of the city.
  6. Hani Abu Bakra, 32, from Rafah, was hit from close range by bullets in the head, chest and abdomen.
  7. Abdallah Qanan, 40, from Khan Younis, was hit by two bullets, one in the neck and the other in the abdomen, on 20 December 2000.
  8. Dr Thabet Thabet, 49, from Ramin in Tulkarem, was fatally injured in his car by bullets shot from a heavy machinegun on his way to work.
  9. 50 year-old Mas'oud Ayyad, a Force 17 Presidential Guard, was assassinated on 13 February 2000 when a helicopter sent three LAU missiles to hit his car as he drove near Jabalya refugee camp in Gaza.

Israeli military and political commanders have made no attempt to deny the policy of 'cleansing' against Palestinian political activists, even though this policy violates international and humanitarian law. It is a direct violation of Article 32 of the 1949 IV Geneva Convention, which stipulates:

"The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical and scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents."

Furthermore, it is a violation of Article 77, paragraph 2 of the Protocol Additional to the 1949 Geneva Conventions, which stipulates,

"The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents:

"Violence to the life, health, or physical or mental well-being of persons, in particular:

  1. Murder;
  2. Torture of all kinds, whether physical or mental;
  3. Corporal punishment; and
  4. Mutilation"

Paragraph 3 of Article 85 of the same Protocol states,

"In addition to the grave breaches defined in article 11, he following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in violation of the relevant provisions of this protocol, and causing death or serious injury to body or health:

Making the civilian population or individual civilians the object of attack."

(6) Killed away from clash points:
According to LAW's information, in the period covered by this report 38 Palestinians were killed away from clash points, including children playing near their homes (such as Omar Khaled), and five Palestinian women. Two women died when an Israeli helicopter bombed the car of Fatah activist Hussein Abayyat, one in the bombing of a residential area, one when Israeli soldiers opened fire at a Palestinian car and one of severe teargas inhalation.

On 5 January 2001, as a result of Israeli shelling on residential areas in Hebron, 18 year-old Areej Al Jabali was killed as she was hanging out the washing on the roof of her home. Ahlam Al Jabali, Areej's cousin, was injured in the same incident. According to LAW's information, at 18:45 Israeli forces stationed at the Hagay settlement bombed Hebron's Al Haraika quarter, killing Areej and wounding her cousin.

21 year-old Fatma Abu Jeesh, from Beit Daja near Nablus, was killed by Israeli fire on Sunday 7 January near Salem village. According to an eyewitness, she was mortally wounded when Israeli soldiers opened fire on vehicles travelling near Salem.

Rahma Shahin, 51, and Aziza Jubran, 56, both from Beit Sahour, died when an Israeli helicopter bombed the car of Fatah activist Hussein Abayyat.

3 year-old Maram Hasuna died of a heart attack caused by teargas inhalation. Her father Imad, 28, told LAW, "Between 3 and 4 o'clock in the afternoon of Thursday 23 November 2000, my wife and mother came to my garage carrying my three year-old daughter, Maram, who had already passed out due to teargas inhalation. I put her in my car and left quickly for the hospital. On the way, clashes were taking place and more teargas was fired. When we arrived at the Al Mustaqbal Hospital in Al Bireh we realized that Maram had already passed away."

At least 10 Palestinian children have died because of indiscriminate fire by Israeli forces during the current Intifada. 13 year-old Samir Tabanja from Nablus was killed by a bullet fired from an Israeli gunship on Oct 1, 2000. Samir's father told LAW, "On Oct 1, 2000, at 14:55, Samir was playing around the house. At the time, confrontations were taking place near Joseph's tomb and an Israeli gunship was hovering over the area. The gunship stopped in the air above our house and opened fire; Samir was hit. He died instantly."

Israeli forces killed 18-year-old Arafat Al Atrash from Hebron on 4 October 2000. Arafat's brother Hussein told LAW, "On Wednesday 4 October, I left home with my two brothers Arafat and Wajeeh and went to watch the clashes. There was a huge crowd of people standing about 50 metres from the confrontations. The Israeli soldiers opened fire at the crowd from the back from an army post at the marketplace in Hebron. I was five meters away from Arafat when shooting started. I ran for cover from the shooting, but when I looked back I saw Arafat lying on the ground. The heavy shooting made it impossible to reach him. When the shooting eased and we got to Arafat, we found out that he had been shot behind the ear and his head was bleeding."

On 6 October 2000, 15 year-old Majdi Al Maslimani from Beit Hanina, Jerusalem, was beaten to death by Israeli special forces after being arrested. First he was injured by Israeli forces after the Friday noon prayer. Eyewitnesses told LAW that Majdi was handcuffed and five minutes later he was lying on the ground surrounded by the Special Forces. The "musta'ribeen" (Israelis dressed as Palestinians) preventing any aid from reaching him.

Saeed Al Atawni, 26, from Hebron, gave the following statement to LAW about an incident on 11 November 2000:

"I was unloading metal bars used in construction when I heard a gunshot and I was hit in the leg. Then I heard a second gunshot; this time my colleague Muneeb was hit. I learned in the hospital that Muneeb had died. The shooting was definitely unprovoked."

15 year-old Sabir Ibrash from Al Am'ari refugee camp died of a bullet in the heart at the northern entrances to Al Bireh on Monday 14 November 2000. According to LAW's documentation, on that day the Israeli soldiers stationed at the northern entrance to Al Bireh opened fire at a group of Palestinian children near the Ministry of Local Governance, away from the clash point. Sabir was not taking part in the demonstration. Hamza Zeidan, 20, from Kufur Ni'ma, told LAW,

"At midday on 14 November 2000, confrontations between Israeli soldiers and Palestinian demonstrators were taking place near the City Inn hotel, north of Al Bireh. The soldiers were firing teargas and rubber-coated steel bullets. I was standing away from the confrontations with Sabir and a little boy named Mohammad. Suddenly, a bullet brushed Mohammad's shoulder and penetrated Sabir's chest."

On October 16, 2000, Israeli soldiers killed 13 year-old Mu'ayad Jawareesh from Bethlehem as he was on his way home from school. He was still carrying his school bag when he died.

11 year-old Mohammad Khaled was pronounced dead on 14 January 2001 due to head wounds incurred a week earlier, on 7 January. LAW's documentation indicates that Mohammad was shot when Israeli soldiers opened fire at a group of Palestinian children near the northern entrance to Al Bireh. An eyewitness stated to LAW that a sniper, stationed 200 meters away, fired at the children, hitting Mohammad in the left eye and penetrating his skull. Dr. Husni Al Atari, manager of Ramallah Hospital, stated that Mohammad was clinically dead when he was admitted.

(7) Death by shelling:
Many Palestinians have died because of Israeli bombing or shelling on Palestinian residential areas. On 23 October 2000, Abdul Aziz Abu Sneineh, 55, from Hebron, died when his home was shelled; his four children were also injured in the incident. Amal, Abu Sneineh's daughter, told LAW,

"At 20:45 we heard shooting coming from the Usama Ben Munkith school, which had been turned into an army base. My father went to answer the telephone, and we heard an explosion in the house. I found my father bleeding; he had been hit in the head."

The German doctor, Harry Fisher, 55, died on 15 November 2000 after being hit by shrapnel while attempting to rescue his wounded Palestinian neighbours.

(8) Death in varying circumstances:
Israeli soldiers stationed near Al Fawar refugee camp, Bethlehem, shot and killed Shadi Al Wawi, 21, while he was talking on a mobile telephone to his uncle in Gaza. Shadi's friend, Yacob Al Aza, 25, told LAW,

"I was with Shadi on top of his house while he was talking on the phone on the night of Friday 13 October 2000. The Israelis shot flares in the sky and then let off a round of bullets. Suddenly, I heard Shadi yelling, "I've been hit, help me." With the help of his uncle and others, we took Shadi down and called an ambulance. We put him into an ambulance that happened to be passing by and took him to Hebron hospital."

Samir, Shadi's brother, accompanied him in the ambulance. He told LAW, "At the entrance to Al Fawar, Israeli soldiers prevented us from passing through. The ambulance driver had no choice but to take another long mountainous road to avoid the Israeli soldiers stationed at the entrance to Al Fawar. Unfortunately, the road was very rough and the ambulance broke down. It took 50 minutes to repair it. The road to the hospital would have taken only 10 minutes if we had not been prevented from passing through the Israeli military blockade."

On Saturday 21 October 2000, Israeli forces killed 30 year-old Fayez Mohamad Al Qemary from Hebron. The American Andrew F. Getmat told LAW,

"My name is Andrew F. Getman. I am an American citizen from Washington, DC. I am 31 years old and I live in Hebron as part of the Christian Peacemaker Team, based in Harit Al Qazazzin in the Old City of Hebron.
"On Saturday 21 October 2000 at about 1:35 p.m. I was standing in Baab Al Zawiyye in the centre of Hebron with a group of young men and my colleague Dianne Roe, talking about the situation. We were about 100 metres from the soldiers at the border area on Shallaleh Street between H1 and H2. Soldiers were stationed on the ground and on the rooftop at the border area. Our position was about 50 metres from the Al Andalus Mall, where about twenty young boys were throwing rocks in direction of the Israeli soldiers. The position where we were standing was not in the direct firing line of the soldiers positioned on the ground.
"There were many people watching the clashes or engaging in usual market day activities well out of the range of the stone throwers and soldiers. Suddenly we heard a shot fired. We did not know where it came from, but the crowd of about 200 people began running away from Baab Al Zawiyye. As those with whom we were talking did not start running, we could not see a reason for people to flee. The crowd gathered about 40 meters further away from where we were standing, and 140 meters from where the soldiers were positioned.
"At first, it was impossible to see through the crowd clustered around the spot where the injured man had fallen. By the time I arrived there, his body had already been put into an ambulance, leaving only a thick stream of blood. Looking back towards the soldiers it appeared that the only clear shot could have been from a sniper on the rooftop, and that the man could not have been hit accidentally.
"Later, I found out that the victim was a taxi driver named Fayez Mohamad Al Qemary, and that he was cleaning his car when a bullet hit him in the back of the head. He fell in the street. He was standing at least 90 meters from the demonstrators, and 140 meters from the soldiers. Mr. Al Qemary was 30 years old, the father of three children. He was shot at 1:45 pm and declared dead at Alia Governmental Hospital in Hebron at 2:45 pm."

According to information gathered by LAW, at around 8pm on 26 November 2000, 8 Palestinian civilians from Qalqilya, between the ages of 17-28, were passing an unpaved road in the east southern area of Qalqilya (area C). A group of masked gunmen stopped them and ordered them to leave. Heavy gunshots were heard, so the 8 panicked and started running away. As a result, 4 were killed at the same place, and another 300 meters further along. One managed to reach the National Security Force checkpoint and report what had happened.

Once the gunshots were heard, a Palestinian Red Crescent (PRCS) ambulance was sent to the scene, but Israeli soldiers prevented them from entering until at 7am the next day. 5 Palestinians had been killed:

  1. Qusai Zahran, 22, was hit by 6 bullets in different parts of his body, including the head and back.
  2. Mahmoud Al Adel, 28, was hit by 7 bullets in different parts of the body, including the head and back. He was killed 300 meters away from the other four.
  3. Mahdi Jaber, 17, was hit by 6 bullets in different parts of the body, including 2 in the head.
  4. Ziad Silmi, 19, was hit by 11 bullets.
  5. Muhammad Abu Udwan, 20, was hit by 4 bullets in the waist, abdomen and back.

(9) LAW Remarks:

  1. The Israeli security forces have targeted Palestinian civilians who were far from the clash points and uninvolved in any demonstrations.
  2. Israeli forces have used excessive, disproportionate and, as indicated above, indiscriminate force against Palestinian civilians.
  3. Israeli forces have shelled Palestinian residential areas from tanks, gunships and heavy machine guns.
  4. LAW calls on the High contracting parties to the Fourth Geneva Convention to abide by their obligation under Article 1 and ensure Israel's adherence to the Convention's provisions pertinent to the territories under belligerent occupation.

(10) LAW demands:

  1. The Israeli Government to immediately stop the use of excessive and indiscriminate force and collective punishments against Palestinian civilians.
  2. The establishment an international investigation committee based on United Nations Security Council resolution 1322 of Oct 7, 2000, to investigate the violations of international humanitarian law committed by the Israeli forces inside the occupied Palestinian territories.
  3. The international community must hold a conference for the High Contracting Parties of the Fourth Geneva Convention in order to take practical measures to ensure Israel's adherence to the Convention.
  4. The international community must pressurize Israel to immediately put an end to the occupation of the Palestinian territories and effectively support the implementation of the Palestinian right to self-determination.

The Palestinian Society for the Protection of Human Rights and the Environment is a non-governmental organisation dedicated to preserving human rights through legal advocacy.LAW is affiliate to the International Commission of Jurists (ICJ), Fédération Internationale des Ligues de Droits de l’Homme (FIDH), World Organisation Against Torture (OMCT) and Member of the Euro- Mediterranean Human Rights Network.