05/20/2004

In the past week, Israeli military operations in the Palestinian Territories have resulted in the death of civilians, homes being demolished with the people still inside, and the obstruction of medical care. Israel says the attacks are acts of self defense designed to suppress terrorism.  The killing of civilians, whether in Israel or the Occupied Territories, is never justified.  The destruction of civilian property carried out as collective punishment without military necessity constitutes a breach of the Fourth Geneva Convention, which mandates protection for civilian populations in time of war or military occupation, and a war crime as defined in article 85.5 of the First Additional Protocol to the Geneva Conventions.  

Just as suicide bombings against Israeli civilians are immoral and illegal, so are Israel’s attacks against civilians.  The attacks must stop.

Since Monday, May 17, at least 39 civilians have been killed in the southern part of the Gaza Strip.  Over 200 others have been injured. More than 100 homes in Rafah refugee camp have been destroyed or damaged, leaving no fewer than 1,300 individuals homeless, many for the second or third time.  

The neighborhoods of Rafah town and the Rafah refugee camp are situated along the border with Egypt in one of the most densely populated areas of the world.  Since the beginning of al-Aqsa intifada in September 2000, the area has been the target of repeated demolition operations by Israeli helicopter gunships, tanks, bulldozers, and other armored vehicles.  These actions have been described by the Israeli press as part of a larger strategy to construct a protective trench parallel to the border line on the Palestinian side in the camp.  

In addition to the rising civilian death toll and the rapidly growing newly displaced population, Israel is also preventing movement into and around the refugee camp.  Closures imposed by Israel are preventing injured civilians from being transferred to other hospitals in the Gaza Strip or Israel. This closure is a restriction on the right of freedom of movement, which is provided for by international human rights law.  The Israeli human rights organization B’Tselem has also received reports of injury to medical teams, obstruction of medical care, and damage to infrastructure, including roads, water, and electricity.

On May 19, The United Nations Security Council approved a resolution, with the United States abstaining, calling on Israel to respect its obligations under international humanitarian law and for both Israel and the Palestinian Authority to implement their obligations under the “Road Map.” European Union ministers have stated that “Israel’s legitimate right to self-defense must be exercised within the parameters of international law.”  

Human rights organizations have called on Israel to respect its legal obligations under the Fourth Geneva Conventions as the Occupying Power in the Palestinian Territories.  They have also called for immediate dispatch of international protection for the Palestinian civilian population.  

Refugees International therefore recommends that:

The Government of Israel

• Cease attacks upon civilians and violations of international law, particularly the use of collective punishment as practiced in house demolitions.  
• Provide adequate accommodation and humanitarian support for all displaced families.
• Provide full compensation for illegally destroyed properties.

• Stops attacks against Israeli civilians and use non-violent means in the campaign for statehood.
• Provide full compensation for illegally destroyed properties.

• Abide by Article 1, which requires the High Contracting Parties to ensure respect for the Convention.
• Explore possible approaches to international protection for the civilian population of the Occupied Palestinian Territories.