Wednesday, September 9

PCHR publishes ‘Targeted Civilians’ a comprehensive report on Israeli military offensive on Gaza

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September 8, 2009 - PNN

The Palestinian Center for Human Rights (PCHR) today published 'Targeted Civilians’ a comprehensive report on the latest Israeli military offensive against the Gaza Strip (27 December 2008 – 18 January 2009).

The report is the result of extensive investigations, and documents numerous war crimes committed by Israeli occupation forces (IOF) over the course of the offensive.

The Arabic version of the report is available here. An English version of the report will be available next week.

PCHR has already published a number of reports on war crimes committed by IOF against Palestinian civilians and their property. On 14 July 2009, PCHR published"Impacts of the Israeli Military Offensive on Water and Sewage Services in the Gaza Strip. On 14 May 2009, PCHR published, "War Crimes against Children: Report on the 313 Children Killed during Gaza Offensive." During the period of the offensive, PCHR published two reports: "The Aggravation of Humanitarian Crisis in the Gaza strip as IOF Offensive Continues," published on 3 January 2009; and "Report on Attacks by IOF against Palestinian Medical Personnel during the Military Offensive against the Gaza Strip," published on 13 January 2009. PCHR is currently finalizing a report on the gender-specific impact and consequences of the offensive.

According to PCHR's documentation, 1,419 Palestinians were killed during the Israeli military offensive on the Gaza Strip. This number includes 1,167 non-combatants (82.2%) and 252 resistance activists (17.8%). The non-combatants include civilians and civil police officers who were not involved in hostilities, the protected persons of international humanitarian law. Investigations conducted by PCHR indicate that 918 civilians were killed (64.7% of the total number of victims). The civilian victims include 318 children (22.4 % of the total number of victims and 34.7% of the number of civilian victims) and 111 women (7.8% of the total number of victims and 12.1% of the number of civilian victims). According to the Ministry of Health in Gaza, at least 5,300 Palestinian were wounded during the offensive. This number includes at least 1,600 children (30%) and 830 women (15.6%); at least 2,430 children and women were wounded, 45.6% of the total wounded.

According to PCHR's documentation, IOF completely destroyed 2,114 houses (2864 housing units) affecting 3,314 families (19,592 individuals). They also partially destroyed 3,242 houses, (5,014 housing units) affecting 5,470 families (32,250 individuals). A further 16,000 houses at least sustained various degrees of damages as a result of bombardment and destruction, including the burning of dozens of houses in different areas. Approximately 51,453 individuals were made homeless.

The latest offensive was the most violent, brutal and bloodiest since the beginning of Israeli occupation in 1967. It resulted in large scale loss of life and destruction to property, and decimated the infrastructure of the Gaza Strip.

PCHR emphasizes that Israel’s conduct of hostilities in the Gaza Strip violated the principles of distinction and proportionality. As detailed in the report, IOF launched indiscriminate attacks against densely-populated areas. PCHR affirms that such acts constitute grave breaches of the Fourth Geneva Convention, and war crimes. Additionally, the widespread and systematic nature of Israeli-perpetrated violations of international law indicates that crimes against humanity may have been committed in the Gaza Strip.

The report consists of 5 sections. The first section surveys the sequence of events over the course of the offensive. The second section addresses crimes committed by IOF from the perspective of international law. The third section highlights in details and statistics willful killings and other violation of the right to life and personal security. The fourth section focuses on destruction of civilian property, including houses and agricultural lands. The last section highlights the humanitarian crisis during the offensive against the Gaza Strip, including the displacement of thousands of Palestinian families and the denial of entry of medical supplies.

Conclusion and Recommendations

PCHR strongly condemns all war crimes perpetrated during the 23 day offensive. PCHR also condemns the international community’s silence, including the failure of states and governments' political will, through the Security Council, to exert more pressure on Israel to bring an end to the violence and halt the commission of war crimes. PCHR believes that the Member States of the United Nations, should uphold their legal and ethical responsibilities to maintain international peace and security, obligations enshrined in the UN Charter. As a key regional player, the European Union also had a significant role to play.

The Member States of the United Nations also have a responsibility to uphold the numerous Security Council Resolutions relating to the Israeli-Palestinian conflict. For six decades, Palestinians have suffered continuous violations of their fundamental rights, mainly the right of self-determination which is considered to constitute the core component of international human rights law.

In light of IOF war crimes and potential crimes against humanity, civilians and civil objects during the latest offensive against Gaza Strip, PCHR calls upon the Security Council:

1. To hold Israel accountable for the reconstruction of the Gaza Strip; Israel must not be allowed to continue acting with impunity; the illegal closure regime must be lifted.

2. To effectively investigate all allegations of war crimes and crimes against humanity. This must necessarily include the prosecution of alleged war criminal. In accordance with the principle of command responsibility, all levels of the Israeli political and military administration must be held to account.

3. To immediately and effectively intervene to prevent impunity, in all its forms.

4. To force all States and companies to halt the supply of all types of weapons and ammunition which were used to commit wide-scale violations of IHL during the offensive against the Gaza Strip.

5. To immediately and effectively intervene to force the Israeli authorities to put an end to the extensive and illegal closure of the Gaza Strip that hinders the movement of people and goods. The illegal closure is a form of collective punishment directed against the 1.5 million inhabitants of the Gaza Strip.

6. The High Contracting Parties to the Geneva convection should fulfill their obligations according to article 1 of The Fourth Geneva Convection to respect and ensure respect for the convection in all circumstances. High Contracting Parties must also comply with their obligations under articles 146 and147 of the Fourth Geneva Convection for 1949, which require the prosecution of individuals responsible for committing grave breaches of the Geneva Conventions.

7. To exert all pressure to guarantee Israel’s commitment, as the Occupying Power in the Occupied Palestinian Territory, to abide by and uphold its legal obligations towards the Palestinian civilians, including guarantee civilians' safety and welfare.

8. To widely disseminate the results of the United Nations investigations into the Israeli offensive against the Gaza Strip and to take all recommended actions.

9. To exert pressure on the Israeli occupation government to fulfill its legal responsibilities as regards its actions during the latest offensive.

10. To exert pressure on the Israeli occupation government to immediately open all Gaza’s borders and to cancel all imposed restrictions. These restrictions constitute serious violations of international human rights and humanitarian law.

11. To exert pressure on Israel to remove all imposed restrictions on food, medical and humanitarian aid, supervised by international humanitarian organizations, and to facilitate the supply of civilians who are suffering from the offensive.

12. To exert pressure on Israel to lift the blockade and to immediately allow the import of all necessary reconstruction materials, especially the raw materials needed for the reconstruction and renovation of property and civilian objects which were widely damaged during the offensive.

13. To exert all possible pressure on Israel to uphold its responsibilities to protect Palestinian civilians in all conditions and circumstances, in accordance with its obligations under IHL. Israel must distinguish between civilians and civilian objects and combatants and military objectives in order to ensure the protection of civilian populations and their property.

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