For the 36th consecutive day, Israeli forces responded with lethal force against Palestinian demonstrators throughout the West Bank and Gaza, killing one and injuring 276, including 2 LAW field researchers.
This afternoon, Nahid Fate Ahmad Alloh, 21, from Gaza, but living in Tulkarem Refugee camp, died after being hit by live ammunition during clashes west of Tulkarem. The bullet entered the right side of his body and exited on the left side.
In the village of Sailat Athaher, near Nablus, Assad Abulrahman Hantouli was shot in the face with live ammunition. He is in serious condition at the Jenin hospital.
In Hizma village, outside Jerusalem, 30 Palestinians were injured during clashes with Israeli soldiers and settlers. Three were hit with live ammunition, and 27 were hit with rubber-coated metal bullets.
In northern Ramallah, by the City Inn, 158 were injured, 10 by rubber-coated metal bullets and the rest by tear gas. Two LAW field researchers, Hosam Rajab, 27, and Thuraya El Ayan, 43, were injured while monitoring the demonstration after Friday prayers in Ramallah. Hosam was shot with a rubber-coated metal bullet in his neck. He was standing 150 meters from the Israeli soldiers. Thuraya was hit with a rubber-coated metal bullet in her left thigh. They were taken to Al Mustakbal Hospital in Ramallah.
In Hebron 28 were injured, 2 by live ammunition.
In Bethlehem, 15 were injured by rubber-coated metal bullets; 1 was hit in the head.
In Jenin: near Al Jalame checkpoint, 20 were injured, 7 by rubber-coated metal bullets and 13 by tear gas. In Yab'ad (near Jenin), 9 were injured by tear gas. Israeli occupation forces are currently attempting to enter Yab'ad. Also, Israeli tanks have surrounded the village of al-Jalameh, near Jenin.
In Gaza, 6 were injured by rubber-coated metal bullets. In Khan Younis, a cameraman for Palestinian TV was injured. In Rafah, Israeli forces demolished 2 houses and injured 1 Palestinian at the Salah-Adin gate. At the Netzarim Junction, 1 was injured. At the Bourij Refugee Camp, 2 were injured. Kufar Darom, 1 was injured. At Karni, four were injured, one in the neck.
Israeli forces denied anyone under the age of 45 to enter the Haram Al Sharif in Jerusalem for Friday prayers.
Today Israeli forces re-deployed to their positions surrounding a number of towns and villages in the West Bank and Gaza Strip.
A strict Israeli imposed closure remains in place throughout the West Bank and Gaza Strip. Clashes erupted in a number of areas this afternoon, with 1 Palestinian child killed and at least 181 Palestinians injured. Intensified Israeli settler attacks on Palestinian residents either travelling on major roads, attempting to harvest olive orchards, or in residential areas have become a daily and nightly occurrence.
Hind Nidal Jamil Abu Qweidar, 23 days old from Hebron, was killed this morning as a result of gas inhalation.
Hebron
Clashes erupted throughout Hebron, including in 'Arroub Refugee Camp,
Sa'ir and Hebron city, with at least 37 Palestinians injured. Hind
Nidal Jamil Abu Qweidar, 23 days old from Hebron, was killed this morning
as a result of gas inhalation. Her father was prevented by the Israeli
military from taking her to the hospital for medical treatment, with the
justification that the area was under Israeli imposed curfew. She died
in her home.
In the village of Sa'ir, Israeli soldiers and settlers randomly fired at residents of the village. A number of Palestinians were injured, including 5 school children who are in extremely critical condition: Ghazaleh Jawdat Issa Ahmad Jarradat, 13 years old from Sa'ir, Hebron, was shot by live ammunition to her head while walking home from school. She was declared clinically dead this afternoon. Hamid Omar Jarradat, was shot by live ammunition to his head. Shadi Jamal, was shot by live ammunition to his face. Wahid Abdel Jawwad, was shot by live ammunition to his abdomen. Ma'moun Shaker was shot by live ammunition to his head.
Late this evening, the Israeli military used heavy machine gun fire to attack residential areas in Hebron. Israeli settlers have been attacking Palestinians using batons and the back of rifles throughout areas in Hebron, including at Israeli checkpoints. A number of Palestinians injured as a result of attacks remain in hospital.
Bethlehem area
Clashes erupted in Bethlehem this afternoon, with several Palestinians
reported injured. In the village of Hossan, Israeli settlers and
soldiers attacked residents late this evening, with a number of Palestinians
reported injured. Attacks continue at the time of writing.
Ramallah
Clashes erupted this afternoon in Ramallah following the funeral procession
for Rami Abdel Fattah, 15 years old from Hizmah, Jerusalem, shot and killed
yesterday as a result of live ammunition to his chest and abdomen, and
Mahmoud Is'eid, 19 years old from Hizmah, Jerusalem, shot and killed yesterday
as a result of live ammunition to his neck and chest. At least 20
Palestinians were injured.
Gaza
Clashes erupted throughout the Gaza Strip this afternoon. At
Beit Hanoun Crossing, at least 13 Palestinians were injured as a result
of live ammunition. In Rafah, at least 5 Palestinians were injured
as a result of live ammunition. Outside Briej Refugee Camp, at least
12 Palestinians were injured as a result of live ammunition. In Khan
Younis, at least 9 Palestinians were injured as a result of live ammunition,
including Saber Jaber Barbakh, 13 years old from Khan Younis Refugee Camp,
who was shot by live ammunition to his head and is in extremely critical
condition.
Nablus
Israeli settlers and soldiers attacked Palestinian residents throughout
Nablus, injuring a large number of Palestinians, 12 of which remain in
hospital. In Huwarra, an Israeli imposed curfew in place for 28 days
was lifted in the morning, but re-imposed later in the evening. Israeli
soldiers forced residents to return to their homes, beating a number of
Palestinians in the process. Palestinian lands on the main road of
Huwarra were bulldozed and trees uprooted.
Jenin
Clashes erupted this afternoon in Jenin, Arrabi, and Ya'bad, with at
least 14 Palestinians injured as a result of live ammunition. Israeli
settler attacks on Palestinian residents throughout the area were widespread
today, including at checkpoints, where Israeli soldiers also participated
in the beating of Palestinian residents. In Silt Al Thaher, the Israeli
military fired large amounts of gas into the Silt al Thaher Girl's School
while children were in class. Tens of school children suffered from
gas inhalation and suffocation as a result and were transferred to hospital
for medical treatment.
Tulkarem
Clashes erupted this afternoon in the city of Tulkarem, Baqa Al Sharqiyeh,
and Nazlit 'Issa, with at least 16 Palestinians injured. 17 year
old Mohammad Bassem Fayez, from the village of 'Attil, was stopped at an
Israeli checkpoint and brutally beaten by Israeli soldiers. He arrived
at hospital with severe injuries all over his body. Late this evening,
the Israeli military used heavy machine gun fire to attack the western
neighborhood (Hai Al Gharbi) of Tulkarem and the area of Khadoureh College.
Qalqilya
Although the strict internal closure has been officially lifted, travel
from village to village in the area remains extremely difficult.
Israeli settler attacks on villagers remain a daily threat. Clashes
erupted this afternoon in the city of Qalqilya, with several Palestinians
reported injured, one of which is in extremely critical condition.
21 year old Abdullah Zuheir Walweel, a volunteer with the Palestinian Red
Crescent Society, was shot by live ammunition while assisting those injured.
Jerusalem
Israeli settler attacks were reported throughout Palestinian neighborhoods
in Jerusalem, including Dahiet Al Barid, Abu Dis, Hizmah, Anata, and Shufat
Refugee Camp. At least 16 Palestinians were hospitalized as a result
of injuries sustained from the attacks, including 3 brothers from the old
city of Jerusalem who suffered severe injury.
______________________________________________________________________
ADDAMEER - Prisoners' Support and Human Rights Association
PO Box: 17338, Jerusalem.
Ramallah, West Bank.
Tel: +972-2-2960446 Fax: +972-2-2960447
E-mail: addameer@planet.edu
URL: http://www.addameer.org/
______________________________________________________________________
This is what an analysis of casualty figures and types of injuries, after three weeks of the current uprising, have yielded:
-- 8% of the all martyrs are children;
-- 10% of the wounded are children;
-- on one single day, October 23, 2000, 15% of those wounded died;
-- the overall percentage of wounds to the upper parts of the body (heart and head) was initially 50,2%, and has gone up to 83.2 % in the later period;
-- the use of live ammunition has gone from 20,2% to 57,7%, and now to 82%;
-- 44% of casualties are now injured in the chest and 43% in the head (for a combined total of 87%);
-- 18% of all wounded are in a state of clinical death, critically wounded, paraplegic or quadraplegic.
-- 20% of all the wounded are likely to remain saddled with a permanent disability; the average age of all martyrs or wounded persons is 21 years.
November 2, 2000
On 29 September 2000, following Ariel Sharon's provocative visit to
Jerusalem's Haram al Sharif the previous day, clashes erupted between Palestinian
civilians and the Israeli security forces in Jerusalem and spread throughout
the West Bank, the Gaza Strip and also within Israel. In order to disperse
demonstrations by Palestinian civilians, protesting
against the violation of their basic rights, the Israeli army, police
and Border Police used live ammunition and rubber coated metal bullets.
The Israeli army also used heavy weaponry, including tanks, helicopters
and missiles. So far, the indiscriminate, disproportionate and excessive
use of force by the Israeli security forces has resulted in a great number
of Palestinian casualties. The excessive use of force by the Israeli security
forces has been condemned by the United Nations Security Council in
resolution 1322 of 7 October 2000, and by international human rights organisations
like Amnesty International and Human Rights Watch.
According to LAW's database, as of 2 November 2000, 148 Palestinians have been killed and approximately 7,000 have been injured. Most of the injuries sustained by Palestinians were in the upper parts of the body. This raises the suspicion that the Israeli security forces are pursuing a shoot to kill policy or at least one intended to inflict serious injury on Palestinian demonstrators.
Among those Palestinians killed and injured in the recent clashes, many are minors under the age of 18. According to information collected by the Palestinian branch of Defense for Children International (DCI), as of 2 November 2000, 48 children have been killed by the Israeli security forces since 29 September 2000. An 18-month-year-old girl, Sara 'Abdel Atheem 'Abdel Haq, from Salfit/Nablus, was killed on 30 September when Jewish settlers shot at the car her father was driving and hit her in the head. Additionally, 3 children have been pronounced clinically dead after being hit by live bullets in the head. DCI further estimates that, as of 2 November 2000, around 1700 of those injured are children. At least 26 children sustained eye injuries and at least four children are known to have lost an eye.
LAW has collected information from several area hospitals regarding those who have sustained eye-injuries over the last month of clashes.
From 29 September to 25 October 2000, Jerusalem's St. John Eye Hospital
has treated 50 patients for eye-injuries. According to hospital staff,
the injuries treated involve bleeding of the eyeball and the orbital tissues.
Almost half the injuries (24) were caused by rubber-coated metal bullets
in the eye. In each of the 8 cases where a patient lost an eye (two of
them were children aged 101 and 122); the injury was caused by rubber coated
metal bullets. In addition to those who have lost an eye, at least
11 other patients will probably suffer serious permanent loss of vision
as a result of their injuries, according to Dr. David Leighton, a hospital
staff member.
Hospital records suggest that about 25% of the 50 patients treated at St. John Hospital were children: 13 were children under the age of 18 and 2 had turned 18 this year. A 12-year-old boy from Nahaleen (Bethlehem) was hit by settlers while he was picking olives, probably with a blunt object, and sustained serious injuries. Two other patients were also attacked by settlers.
On 2 November 2000, Al Mezan Specialized Hospital in Hebron reported
treating 19 injuries since 29 September 2000, of whom 7 were children with
one as young as 18 months. Most of the injuries were caused by rubber
coated metal bullets. Three patients who physically lost an eye were transferred
to St. John Eye Hospital in Jerusalem while 21-year-old Khaleel Abdel-Jaleel
was sent abroad for treatment. The rest of the cases (15)
involved patients who were discharged but are receiving on going treatment
through follow-up appointments. In a statement signed by the Medical Director
Maghazi Tantawi, the assessment is that most of these patients will have
a permanent partial loss of vision.
As of 31 October 2000, Nasser Eye Hospital in Gaza has treated 51 people
for eye injuries, the majority of whom (37) were children below the age
of 18. Ten of the patients have lost an eye, among them 5 children. According
to the director of the hospital, Dr. Mahmoud Nasrallah, 22 of the eye injuries
treated were caused by rubber coated metal bullets.
Rubber Coated Metal Bullets
With regard to rubber coated metal bullets, Dr. Nasrallah pointed out:
"Rubber bullets are not really rubber bullets. They are metal bullets coated with a layer of rubber, sometimes as thin as 1mm. If fired from close range, as has been the case, these bullets do not only hit the eye but penetrate into the brain."3
Dr. Aghlab Khouri of St. John Eye Hospital in Jerusalem, explained in his affidavit to LAW the effect of the impact of a rubber coated metal bullet to the eye:
"The cases that have I treated during the clashes were cases of direct shots to the eyes with rubber coated metal bullets. This kind of bullet does not have a sharp end but has a piece of metal inside; they hit the eye with great speed, creating an impact that shatters the eye."
Asked about the damage caused to eyes by rubber coated metal bullets, Dr. Khouri explained:
"The eye is like a small ball that is filled with a material that resembles jelly. When a rubber bullet hits the eye the effect is the same as if the ball was run over by a car; the result is that the eye is squashed. Therefore, in most cases, the wounded eye requires removal and is lost forever. However, if the injury does not lead to the removal of the eye, it leads for example to shortsightedness or even blindness. Some of the patients had a bullet lodged in the eye orbit, damaging the bones and other tissues and leading to hemorrhage around the orbit."
From the hospital records and the case information collected, it would
be fair to conclude that many of the eye injuries sustained by both children
and adults were caused by shots fired at very close range. For example,
12-year-old Ala Badra was shot from a distance of about 20 meters. Hussein
Othman, 37, from Sumoud refugee camp was shot from a distance of 3-5 meters
only. As a result, he lost his eye. Ziyad Fararja, 20, from Deheishea refugee
camp, lost his left eye after being shot from a distance of 10
meters. Awad Mansour, 33, from Al Azariyeh, was shot from a distance
of 20 meters and lost his left eye.
Three Boys: Case Studies
Among the children who lost their eyes are Suleiman Musbah (11), Ala Badran (12) and Ziyad Abu Baraka (14).
According to press reports,4 on 30 September 2000, 11-year old Suleiman Musbah from the village of Abasan al Kabir in the Gaza Strip sustained an eye injury during clashes with Israeli soldiers at the settlement of Kfar Darom. Suleiman was shot in the eye when he was trying to remove an Israeli flag from the settlement in order to replace it with a Palestinian one. The boy's eye was irreversibly damaged and will require further treatment abroad. It is unlikely that this boy's actions posed a threat to the Israeli soldiers' lives.
Twelve-year old Ala Badran, from the Old City in Jerusalem, was shot
in the eye with a rubber coated metal bullet, which also broke his cheekbone
and nose. Ala told LAW's field researcher, "I was on my way to my
uncle's house in Kalandia; the house is near Jerusalem airport. As I left
my uncle's car near his home, an Israeli soldier pointed his gun at me.
He was only across the street. He fired at me and his bullet hit my eye.
My face and eye started bleeding. My mother took me to Ramallah Hospital
and later to St.
John Eye Hospital in Jerusalem. I have lost my eye forever." Ala will
need further medical care. However, his father is too ill to work, his
mother is unemployed and his uncles provide the sole support for the family.
While he was not involved in any clashes, and posed no threat to the soldier
who shot him, he is now permanently handicapped.
According to press reports,5 Ziyad Abu Baraka was badly injured during clashes with Israeli soldiers at the Gush Katif settlement in the Gaza Strip. An unexploded Israeli shell blew up immediately after he touched it. He sustained burns to the face and chest and lost an arm and both of his eyes. At 14, he is severely crippled for life.
Two Women: Case Studies
Maha Awad is 36 years old, unemployed and lives with her family in Al Bireh (near Ramallah) in a flat that faces the Jewish settlement of Psagot. On Wednesday night, 4 October 2000, she was at home with her parents and her brother. She recalls that:
"At about 9 pm, we heard shooting in our neighborhood; it was intensive random shooting. We did not know what was going on but we were very scared. I closed my room and went to the balcony in order to shut the door. At that moment I was hit in my right eye by a bullet, which entered through the glass door of the balcony. I therefore assumed that I was shot by a weapon with a silencer, as used by Israeli snipers."6
Maha was initially taken to Ramallah Hospital and later was transferred
to Al Raci Eye Hospital in Al Bireh. She sustained serious injuries: her
eye hemorrhaged and glass splinters injured her face. Maha was, however,
not the only person of the family to be seriously injured that night. After
taking her to hospital, her 54-year-old brother, who was visiting from
the United States, went back to their home to get some clothes for Maha.
When he went to see the spot where Maha had been shot, he himself was shot
in the
stomach.
Subhia Usam Jawabrah (38) lives in Arroub refugee camp between Bethlehem and Hebron. She is married to a teacher who works at a government school. His salary is barely enough to support his wife and their 7 children. Subhia is 4 months pregnant. About 4 weeks ago, on a Sunday evening, while looking after her children at home, she was shot in her left eye with a rubber coated metal bullet. Subhia told LAW's field-researcher:
"On Sunday 1 October at around 6 pm, I was standing on the roof of my house in Arroub refugee camp. My children were playing. In a distance of about 100 meters there were clashes between Israeli soldiers and Palestinian civilians. We could hear the shooting and watched what was going on. Suddenly, I turned my head round; something had hit my left eye. I was bleeding heavily from my left eye and from my nose and was immediately taken to St. John Eye Hospital in Jerusalem." 7 Subhia's medical records indicate that the injury sustained is very serious: a black eye, a wound in her upper lid and hemorrhages in the orbit and the conjunctiva, the transparent skin which covers the eye. Subhia has lost clarity of vision in her left eye and it is not yet clear whether she will be able to fully recover. She already has a cataract in her left eye. At the end of the meeting with LAW's field researcher, Subhia said: "Why do we have to go through all this? Our life in the camp is very hard. It is not the first time we are confronted with tear-gas and shooting by the Israeli army. All my brothers and my husband have spent time in Israeli prisons. Why can't we Palestinians have a normal life in peace like the rest of the world?"
IDF Open 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 tear gas and water jets are ineffective. In such
cases, rubber coated metal bullets should not be fired from a distance
of less than 40 meters. The firing of rubber coated metal bullets 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.8
Hospital records indicate that most injuries caused by the Israeli security
forces were caused in the upper part of the body. The serious eye injuries
sustained by many patients, including the physical loss of an eye and permanent
loss of vision, suggest that rubber coated metal bullets were fired from
distances of less than 40 meters. Moreover, rubber coated metal bullets
were fired at children as young as 10, as was the case of Ibrahim
Khalil Sabarneh, who lost his eye after being shot in the face.
From the facts outlined above, it appears that the Israeli forces are
acting in breach of their own regulations when dispersing demonstrations
and riots. Despite this fact, to the best knowledge of LAW, no investigations
into the deaths and serious injuries caused by the Israeli security forces
have been undertaken except in the killing of Mohammed al Dura.9
International Legal Standards
With specific regard to children, the indiscriminate and excessive use of force by the Israeli security forces in the recent clashes constitutes violations of both international human rights law and international humanitarian law.
Israel is a state party to both the International Covenant on Civil
and Political Rights (ICCPR) and the UN Convention on the Rights of the
Child (CRC). Article 6 of the ICCPR states that "every human being has
the inherent right to life" and that "no one shall be arbitrarily deprived
of his life." Article 6 of the CRC specifically establishes the right to
life of every child and puts the state parties under an obligation to "ensure
to
the maximum extent possible the survival and development of the child."
Furthermore, in view of the particular vulnerability of children in situations of armed conflict, article 38 (1) of the CRC emphasizes that "State Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child."
International humanitarian law, as established in the Fourth Geneva Convention, provides in Article 27 that "protected persons are entitled, in all circumstances, to respect for their persons" and that they shall be humanely treated and protected against all acts of violence. Article 32 prohibits the signatories of the Convention to take "any measure of such a character as to cause the physical suffering ...of protected persons in their hands. This prohibition applies not only to murder, torture...., but also to any other measures of brutality whether applied by civilian or military agents."
Regarding the conduct of security officials, the UN established a set of rules and principles, many of which have been violated by Israel's use of excessive and indiscriminate force during the recent clashes.
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-defense or defense
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, intentional 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 assistance and medical aid are rendered to any injured
or affected persons at the earliest possible moment."
In the majority of cases, excessive force was used by the Israeli forces in situations which posed no threat to their lives. In some cases, those killed and injured were not involved in the violence. The Israeli forces often fired indiscriminately into crowds of demonstrators without regard to human life and without seeking to minimize the risk of endangering uninvolved persons.
LAW urges the members of the proposed international investigation committees10 to examine this information and make use of current findings collected by local and international human rights and medical organizations. We urge the investigation committees to investigate Israel's violation of international law and to draw its assessment based on these facts.
LAW also urges the international community to pressure Israel to comply with its obligations under international law, specifically the provisions of the United Nations Convention on the Rights of the Child and the Fourth Geneva Convention.
_________________________________________________________
LAW - 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.
PO Box 20873, Jerusalem
Tel: + (972) (2) 583 3530 / 3537 / 3430
Fax: + (972) (2) 583 3317
e-mail: law@lawsociety.org
website: http://www.lawsociety.org
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
Nahshon battalion ready for urban warfare
By Arieh O'Sullivan
JERUSALEM
(October 27) - "I shot two people...
in their knees. It's supposed to break their bones
and neutralize them but not kill them," says
Sgt. Raz, a sharpshooter from the Nahshon
battalion.
"How
did I feel? ...Well actually, I felt pretty
satisfied with myself," the 20-year-old soldier
confides. "I felt I could do what I was trained to
do, and it gave me a lot of self-confidence to
think that if we get into a real war situation I'd
be able to defend my comrades and myself."
Established
just over a year ago specifically to
deal with unrest in the West Bank, the Nahshon
battalion is deployed in the Ephraim region of
Samaria, which stretches from Kalkilya to Ariel.
The
IDF has trained four battalions for
low-intensity conflict, and Nahshon is the one
specializing in urban warfare. Its troops train in
mock Palestinian villages constructed in two
IDF bases. If a war broke out, Nahshon would
be deployed in the territories to deal with any
Palestinian unrest.
It's
been Nahshon's job to defend Jewish
settlements such as Kedumim, Karnei Shomron,
and Emanuel, but also to prevent Palestinian
demonstrations and gunmen from disrupting
Israeli lives.
The
overall IDF strategy is to deprive the
Palestinians of the massive number of casualties
the army maintains they want in order to win
world support and consolidate their fight for
independence.
"We
are very much trying not to kill them.
Deaths only oil the wheels of their intifada,"
says Lt.-Col. Yoram Loredo, commander and
founder of the battalion.
"Every
soldier wants his day of reckoning. I'm
glad that my battalion performed well in its
baptism of fire. It crystallized us," Loredo says.
He
denies that his troops have become quicker
on the trigger as time goes on, and claims they
understand that even a tiny mistake could have
negative implications for the whole region. He
said they only shoot to wound Palestinians who
are firing at them or throwing firebombs.
So
far, the battalion has suffered no casualties,
although they have killed half a dozen
Palestinians and wounded scores in firefights,
mostly in Azun, Kalkilya, and Antenna Hill.
"The first time [the Palestinians] opened fire at
us my soldiers were in shock. I had to snap
them out of it and make them take cover, look
for targets to shoot at," says Capt. Amos Gueta,
a company commander who came to Nahshon
after two years in Lebanon.
As
in Lebanon, troops are transported in
armored-plated trucks. Soldiers are equipped
with advanced night vision and other
sophisticated scopes. They prepare for a full
night of ambush in the field.
But
there is a major difference. "Lebanon was
foreign soil. Here we are fighting for our own
land. This is part of Israel," Gueta says, "and the
enemy is intimately familiar to us."
He
recalled how a Jewish contractor working on
fortifications with the army during one riot
looked through binoculars and saw his own
Palestinian laborers throwing stones and
firebombs at them.
"'That
one does my plaster. And that one's my
driver,'" Gueta quoted him as saying.
The
army has vastly increased the number of
roadblocks throughout the territories. While it
has eased the blockade on nearly all cities,
travel between Palestinian towns and villages
entails thorough security checks on the road.
The
road to Bediya, a major market town, has
been blocked off. Trucks and cars trying to
bypass the roadblock have bogged down in the
sticky mud.
Just
south of Ariel lies Antenna Hill. The IDF is
building a Lebanon-style fortified outpost on its
peak, and three pneumatic pile drivers, guarded
by a platoon, hammer away at boulders.
The
city of Ariel pushed the IDF to set up a
permanent post on this hill. The city of 17,000
contends that the hill is within their municipal
boundaries, and wants to expand on it. But the
Palestinians in nearby Salfit have opposed it.
"You're
asking, Didn't we learn our lesson in
Lebanon? These fortresses are bound to draw
fire, right?" says the captain, as he peers past
sandbags to the outskirts of Salfit. "Better be
careful. Their snipers are pretty good," he said,
and recalled how shots had ripped open a
sandbag next to him a few days before.
A
senior IDF commander said this week that
the conflict has changed the rules of the game,
and that the army may find itself sidelining
procedure and dealing with facts on the ground
with a freer hand. This is already evidenced by
hastily-constructed bypass roads, and by the
occupation and fortification of Antenna Hill.
Once
the IDF establishes that the hill is part of
Ariel, the city will be able to expand on it.
Then, said a military source, the IDF would
likely move off.
In
the meantime, Nahshon soldiers prepare for
another night in the field. On the nights when
they detect nothing, Capt. Gueta says, they
make a point of leaving visible footprints on
the ground. "Just to remind them we're here."
Is it a hobby for the Israeli soldiers and settlers to cripple innocent Palestinian children by making them go blind? Do Israeli military commanders make it a policy to serious maim, traumatize and if possible kill off the young generation of Palestinians seeking the legitimate rights of freedom, independence, and state?
The Israeli occupation forces have been targeting and firing at unarmed Palestinians and innocent children for the past nineteen days. The bull’s-eye is the Palestinian eye. Hospital documentation and field research has confirmed that the Israeli forces fire live ammunition and rubber-coated metal bullets at close range with the sole intention to maim or kill. This has been a daily practice for the Israeli occupation soldiers in Palestine and there are hundreds of witnesses, numerous victims, and critically wounded people to prove it.
The Israeli occupation forces have used disproportionate and fatal force
to confront the Palestinians demonstrators. In just 19 days, from September
29, to October 16, 2000, 95 people have been killed, 29 of them were children.
According to information collected by Defense For Children International-Palestine,
as of October 14, 2000, at least 1,148 of the 4,044 injured are children.
132 of these children were shot in the head, 20 shot
in the eye, three of whom have lost their eyes completely.
What kind of threat did Ala Badran, 12, from occupied Jerusalem, constitute
for Israel? Ala was shot in the eye with a rubber-coated metal bullet,
which also broke his cheekbone and nose. Ala told LAW’s field researcher,
“I was on my way to my uncle’s house in Kalandia; the house is near Jerusalem
airport. As I left my uncle’s car, near his home, an Israeli soldier pointed
his gun at me. he was only across the street. He fired at me and his bullet
hit my eye. My face and eye started bleeding. My mother took me to Ramallah
Hospital then to Saint John’s Ophthalmic Hospital in Jerusalem; I lost
my
eye forever.”
Ala has lost his eye, and will need further medical care. His father is too ill to work, his mother is unemployed, and his uncles provide the sole support for the family.
Seven eyes have been removed form the faces of seven Palestinian children at Saint John’s Hospital. The hospital has treated a total of 22 eye injury cases. Ziyad Farah, 20, from Bethlehem, was shot in the eye with a rubber-coated metal bullet. The bullet entered the eye, and shattered the bones around it. According to the hospital staff, eye injuries include severe internal bleeding, damaged eye tissues, and damaged pupils.
On October 11, 2000, El Mizan Diagnostic Hospital in Hebron reported
treating 11 Palestinians for eye injuries, including 3 children.
El Nasir Ophthalmic Hospital, in Gaza has treated 16 people for eye injuries,
including 13 children. Nine of them lost one of their eyes.
Types of Bullets and injuries
Dr. Aghlab Khouri of Saint John’s Ophthalmic Hospital said in his affidavit
to LAW that “the cases that I treated during the clashes were cases of
direct shots to the eyes with rubber- coated steel bullets. These kinds
of bullets do not have a sharp ends and has a piece of metal inside; it
hits the eye with great speed, creating an explosion that shatters the
eye and the eye area.” Dr. Khouri added that “the eye is like a small ball
that is
filled with a material that resembles jelly. When this ball is run
over by a car, it explodes. A rubber coated steel bullet does the same
thing to the eye. Therefore, in most cases, the wounded eye requires removal
and it is lost forever. However, if the wound does not lead to the removal
of the eye, it leads to shortsightedness or even blindness. Some of the
cases had a bullet lodged in the eye destroying the bones and the tissues
which leads to internal and nose bleeding.”
From the hospital records and current case loads, it is obvious that
the Israeli soldiers, shoot at close range some from a distance of only
20 meters, and that they shoot to kill or seriously maim. Ala for
example, was shot from a distance of 20 meters. Hussein Othman, 37, from
Sumoud camp was shot from a distance of 3-5 meters only. As a result, he
lost his eye completely. Ziyad Fararja, 20, from Deheishea refugee camp
lost his left eye after being shot from a distance of 10 meters. Awad Mansour,
33, from Al
Azariyeh was shot from a distance of 20 meters and lost his left eye.
The PNA provides financial support to the victims
The Palestinian National Auhtority, in the name of its president Yassir Arafat, is giving out US $300 to each of the wounded. Hussein Othman however, refused such support though he disparately needs it. “I did not sacrifice my eye for $300, I do not value my homeland for $300,” he said.
Summary and International Legal Standards
Based on information like that above we have been able along the way, to draw a preliminary assessment of the force used by the Israeli Forces against Palestinians demonstrators, many of whom are children. Israel has not only blatantly violated the articles of the Fourth Geneva Convention it has violated several articles of the International Convention on the Rights of the Child (CRC).
Article 37 of CRC states: “No child shall be subjected to torture or other cruel, inhumane or degrading treatment or punishment,”
Article 6 of the CRC states:
.
States Parties recognize that every child has the inherent right to life,
.
Sate Parties shall insure to the maximum extent possible the survival and
development of the child.”
Article 38 of the CRC states: “States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.”
Israel, with its disproportionate use of force has also violated the
international standards of force that have been set out in the 1979 Code
of Conduct for Law Enforcement Officials and 1990 Basic Principles on the
Use of Force and Firearms by Law Enforcement Officials. These declare standards
that are inherent in human rights and international humanitarian law. The
1966 International Covenant of Civil and Political Rights requiring States
to protect the right to life and specifies that “[n]o one shall be
arbitrarily deprived of his life”. The 1949 Fourth Geneva Convention
prohibits States “from taking any measure of such a character as to cause
the physical suffering or extermination of protected persons in their hands
… not only to murder … but also to any other measures of brutality whether
applied by civilian or military agents.”
Israel is a State Party to the International Covenant on Civil and Political Rights and the Fourth Geneva Convention. Although Israel refuses to apply these treaties, there is an overwhelming diplomatic and legal consensus that these standards are de jure applicable. Nonetheless, Israel claims that it applies the standards in these treaties.
Law enforcement officials (including Israel security forces in the occupied Palestinian territory) are required in “performance of their duty [to] respect and protect human dignity and maintain and uphold the human rights of all persons”. They may only use force “when strictly necessary and to the extent required for the performance of their duty”.
By the standards set out in the 1990 Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, Israeli forces “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, intentional lethal use of firearms may only be made when strictly unavoidable in order to protect life.”
“Whenever the lawful 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 assistance and medical aid are rendered to any injured
or affected persons at the earliest possible moment.”
In the majority of cases, the use of force was not warranted by Israel. There was no serious risk to life. In some cases, the killed and injured were not involved in the violence. Where it was employed it was excessive, extreme and lethal. Israeli forces often fired indiscriminately into crowds of demonstrators without regard to human life and in a way that was intended to maximize fatalities
LAW urges the members of the proposed international investigation committee to look at this information and make use of current findings collected by Palestinian and International human rights organizations and medical organizations. We urge the investigation committee to look at Israel’s violation of international law and to draw its assessment from these facts.
We also urge the state parties to the International Convention on the
Rights of the Child to secure the rights of Palestinian children during
this time and force Israel to comply with its obligations under the covenant.