[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
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