[News] Palestine - Open Letter to UN Secretary-General on Hostilities in the Gaza Strip

Anti-Imperialist News news at freedomarchives.org
Wed Jul 16 17:59:22 EDT 2014


  PHROC Open Letter to UN Secretary-General on Hostilities in the Gaza
  Strip

*http://www.addameer.org/etemplate.php?id=710*
Dear Mr. Secretary-General,
In the context of Israel's ongoing military attack against the occupied 
Gaza Strip, you recently stated in your address to the distinguished 
members of the UN Security Council that "[o]nce again, civilians are 
paying the price for the continuation of conflict." The Palestinian 
Human Rights Organisations Council (PHROC), a coalition of twelve 
Palestinian human rights organisations in the Occupied Palestinian 
Territory (OPT), is gravely concerned about Israel's ongoing 
indiscriminate and disproportionate attacks against Palestinian 
civilians and civilian objects in the Gaza Strip. It must be noted that 
the population of the Gaza Strip has been living under an Israeli 
imposed closure for the past seven years, constituting a form of 
collective punishment. As a result, 70 per cent of Palestinians in the 
Gaza Strip are dependent on humanitarian assistance and  have been 
hindered to recover from damage and destruction caused during previous 
Israeli offensives, including 'Operation Cast Lead 
<http://www.alhaq.org/attachments/article/208/Legal_Brief_Gaza_Cast_Lead_Jan.pdf>' 
and 'Operation Pillar of Defense 
<http://www.alhaq.org/images/stories/PDF/2012/QA_Gaza_Strip_27Nov2012.pdf>'.
'Operation Protective Edge' erupted in the context of an already 
on-going armed conflict and belligerent occupation. As such, Israel 
cannot rely on the self-defence argument within the meaning of Article 
51 of the UN Charter. Hence, Israel must act in accordance with the laws 
regulating the conduct of hostilities and occupation. Furthermore, 
considered against the backdrop of Israel's wide scale punitive military 
campaign across the West Bank following the disappearance, and 
eventually the regretful death,  of three Israeli settlers, the recent 
hostilities in the Gaza Strip indicate that a larger political agenda 
fuels Israel's actions.
As of 15 July 2014 at 1 p.m.,  Palestinian human rights organisations 
have documented the killing of 194 Palestinians, including 37 children 
and 28 women, in the context of 'Operation Protective Edge'. According 
to Al Mezan's initial investigations, 141 (i.e. 72.7%) of the killed 
Palestinians are to be considered civilians. Furthermore, at least 1.218 
Palestinians have sustained injuries and 1.489 houses have been 
destroyed or damaged; 276 of which from direct attacks on houses. At 
least 76 of the casualties resulted from direct attacks on houses. Al 
Mezan further specifies that 23 schools, 34 mosques, an ambulance 
centre, 13 NGO offices, 38 fishing boats and 5 hospitals were damaged or 
destroyed. The United Nations Office for Humanitarian Assistance in the 
OPT has announced that over 17.000 Palestinians have taken shelter in 
UNRWA schools and another 6,500 found shelter with families or friends.
PHROC emphasises that international humanitarian law must be  adhered to 
by all parties engaged in hostilities during armed conflict. The 
principle of distinction requires all parties to distinguish between 
civilians and combatants, as well as between civilian objects and 
military objectives.  Furthermore, the principle of proportionality 
dictates that launching an attack, which may be expected to cause 
incidental loss of civilian life, injury to civilians or damage to 
civilian objects, which would be excessive in relation to the concrete 
and direct military advantage anticipated, is prohibited. Failure to 
abide by these principles of international humanitarian law may result 
in the commission of war crimes.
Furthermore, Palestinian civilians in the OPT are protected under the 
Fourth Geneva Convention.  As an Occupying Power, Israel must ensure the 
well-being and safety of the occupied population and respect 
Palestinians' right to life and dignity. As such, prior to launching a 
military attack Israel is obliged to provide "effective advance warning" 
of attacks that "may affect the civilian population" and take 
precautions in the choice of means and methods of attack with a view of 
avoiding and minimizing civilian casualties. The 'roof-knocking method' 
currently and previously employed by Israel, in which Israel warns 
Palestinian civilians of an upcoming airstrike by bombing their home, 
must be considered unlawful in and of itself due to the intentional and 
unnecessary damage caused to civilians' homes and the unjustified threat 
to civilian lives that it poses. Worse even, Palestinian civilians have 
been killed by 'warning missiles' during the recent round of 
hostilities, including at least three women and one child. Today, a 
mother and her 5days old baby were injured from a similar attack.
By their own admission, Israel has thus far intentionally targeted 
Palestinian civilians and homes. For example, on 8 July, the Israeli 
army spokesperson announced that the Israeli military had deliberately 
bombed four homes of persons defined by Israel as senior Hamas 
activists.[1] 
<file:///C:/Users/Randa/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/51FLRISF/PHROCLetter%20to%20Ban%20Ki-moon_15July2014.doc#_ftn1> 
According to international customary law, a permissible military 
objective is "limited to those objects which by their nature, location, 
purpose or use make an effective contribution to military action [...or] 
or offers a definite military advantage"[2] 
<file:///C:/Users/Randa/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/51FLRISF/PHROCLetter%20to%20Ban%20Ki-moon_15July2014.doc#_ftn2>. 
In these instances, the punitive targeting of the family homes of 
persons that may have links with armed groups and that are additionally 
not taking active part in hostilities, cannot be considered permissible.
Considering the Secretary-General's engagement on the matter of Israel's 
occupation of the OPT, and his ability to bring to the attention of the 
Security Council any matter which in his opinion may threaten the 
maintenance of international peace and security, PHROC calls on Mr. Ban 
Ki-moon to:
·         Clarify Israel's obligations as an Occupying Power engaged in 
hostilities in Palestine;
·         Immediately and unequivocally deplore Israel's indiscriminate 
and disproportionate attacks against Palestinian civilians and civilian 
objects;
·         Demand that all parties comply with their international 
humanitarian law obligations, including the principles of distinction, 
proportionality and military necessity;
·         Take the position that the root cause of the ongoing 
hostilities is Israel's belligerent occupation and accompanied 
violations of international law, including the Palestinian inherent 
right to self-determination;
·         Actively support the deployment of a United Nations created 
international protection force with the mandate of bringing Israeli 
violations against the occupied Palestinian people to an end;
·         Continue to bring to the attention of the Security Council 
violations of Palestinians' rights;
·         Request the High Commissioner for Human Rights to join the 
Secreatry-General in firmly condemning Israel's persistent violations of 
international law
Sincerely,

------------------------------------------------------------------------
[1] 
<file:///C:/Users/Randa/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/51FLRISF/PHROCLetter%20to%20Ban%20Ki-moon_15July2014.doc#_ftnref1> 
http://www.btselem.org/gaza_strip/20140708_gaza_operation
[2] 
<file:///C:/Users/Randa/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/51FLRISF/PHROCLetter%20to%20Ban%20Ki-moon_15July2014.doc#_ftnref2> 
ICRC, International Customary Law Rule 8
-- 
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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