[News] In the Past 5 Days: Israel Killed 5 Palestinians and Arrested 187

Tue Dec 18 10:00:04 EST 2018

http://www.addameer.org/publications/past-5-days-israel-kills-5-palestinians-and-arrests-187 

  In the Past 5 Days: Israel Kills 5 Palestinians and Arrests 187

December 18, 2018
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The Israeli occupation forces continuous to violate the basic rights of 
Palestinians in the occupied territory. Since the Israeli authorities 
announced the death of Saleh Omar al Barghouthy on 12 Dec 2018, violence 
has increased in the West Bank operated by both the Israeli occupation 
forces and the illegal Israeli settlers.

Since 12 Dec 2018, Addameer documented 187 arrests in the West Bank 
including East Jerusalem, extrajudicial killings of five Palestinians, 
and the unlawful demolition of two Palestinian homes. Harassment and 
violence against Palestinians are still ongoing.

*Extrajudicial Killings *

·         12 Dec 2018: According to Israeli announcements the Israeli 
occupation forces executed Saleh al-Barghouthy (29 years old) from 
Kobar, a village near Ramallah. The execution happened after Saleh’s 
arrest. According to eyewitnesses, Saleh was in Surda village near 
Ramallah driving his taxi when an Israeli special force group 
(undercover forces) attached the taxi and arrested him unhurt. Until 
this day, there are no clear details about Saleh’s execution, since his 
body remains with the Israeli occupation forces.

·         13 Dec 2018: Ashraf Na’alweh (23 years old) from al-Shwekeh, 
Tulkarem was killed by Israeli occupation forces and his body was 
kidnapped by them. Ashraf was hiding in a home inside Askar refugee camp 
located in Nablus when he was killed. Ashraf’s father, mother and 
brother are in Israeli prisons waiting for their sentences. Also, 
Ashraf’s brother in law is still in Petah Tikva interrogation center. 
Ashraf’s home was demolished by Israeli occupation forces on the morning 
of 17 December 2018.

·         13 Dec 2018: Hamdan al-Ardeh (60 years old) was killed by 
Israeli occupation forces while he was driving his car in al-Biereh’s 
industrial zone. Israeli occupation forces claimed that Hamdan was 
attempting to attack soldiers through running them over. Though, later 
on, Israeli authorities announced that they were mistaken and Hamdan 
just had a car accident.

·         13 Dec 2018: Majd Metar (25 years old) from Qalandia refugee 
camp, was killed in East Jerusalem in the morning after claiming that he 
attempting to stab Israeli forces.

·         14 Dec 2018: Mahmoud Nakhleh (19 years old) from al-Jalazon 
refugee camp was killed by Israeli occupation forced during a 
demonstration which was happening near the camp.

Addameer considers the killing of those five Palestinians as unlawful 
extrajudicial killing which is prohibited according to international law 
and amounts to a war crime. Addameer also considers Israeli forces 
declaring the death of Saleh Omar al-Barghouthy invalid until a 
recognition to his body happens.

/Extrajudicial killing/

An extrajudicial killing is an “unlawful and deliberate killing carried 
out by order of a state actor or with the state’s complicity or 
acquiescence.”[1] <#_ftn1> Accordingly, lethal force can only be used as 
a measure of last resort, and it must always be proportional and 
necessary. The usage of firearms against a person can only be only used 
under the imminent threat of death or serious injury. Shooting to kill 
is only allowed in order to save a life. This requirement would make the 
use of lethal force proportional and, only if there are no other means 
to prevent the threat to life, would also make the lethal force 
necessary.[2] <#_ftn2>

*Arrests since 13 Dec to 18 Dec 2018
187 Palestinians arrested*

·         The Israeli occupation forces arrested around 187 Palestinians 
from several cities and villages in the West Bank, most of those 
detainees are es-prisoners.  Among them were:

-          Two PLC members, Muhamad al-Tal from Hebron and Yasser 
Mansour from Nablus.

-          Mousa Hamdan a journalist from al-Biereh.

-          Mustafa al-Shinar a university professor.

-          Ex-prisoners Sabah Fer’oun, check her profile to learn about 
her previous arrest.

-          Ex-prisoners Mazen al-Natsheh, check his profile to learn 
about his continuous administrative detention.

-          21 Palestinian were arrested for their attendance to the 
wedding of the ex-prisoner Rami al-Fakhouri in Jerusalem. During the 
wedding, there were some nationalistic songs which are considered 
incitement according to the Israeli laws. The groom himself is still in 
al-Mascobiyya interrogation center.

-          Three children from al-A’roub refugee camp, Hebron.

-          Two children from Silwan, East Jerusalem.

*Collective Punishment in Kobar – a village near Ramallah *

Just a few hours after the killing of Saleh al-Barghouthy, Israeli 
occupation group called “al-Yamam” along with a special forces group 
(undercover) raided Kobar village. The besieged and raided Saleh’s 
family home and started randomly shooting live ammunition causing three 
injuries. One of the injured persons was Salah al-Barghouthy (55 years 
old), who was shot in his leg and then arrested. Salah’s leg later got 
amputated, after transferring him to a hospital for treatment.

In the same night, the Israeli soldiers held around 100 citizens of the 
village inside Saleh’s family home. The soldiers kept the citizens until 
2:00 am then they released them after holding them for around 6 hours. 
The Soldiers left after arresting 5 of them including the injured Salah 
al-Barghouthy and Saleh’s father and brother. Then in the morning the 
soldiers came back and arrested another 5 citizens of the villages.

-          13 Dec 2018: Soldiers raided the village in the evening, they 
broke into Saleh’s home and interrogated his mother, then they broke 
into his brother’s home and damaged its belongings.

-          14 Dec 2018: Soldiers raided the village in the morning, they 
searched two homes and then left.

-          15 Dec 2018: Special forces (undercover forces) raided the 
village in the evening, they broke into a phone store and kidnapped the 
owner.

-          16 Dec 2018: Special forces raided the camp at around 5:00 
am, they were followed by a number of military vehicles. They broke into 
three homes and arrested three citizens.

-          17 Dec 2018: Soldiers raider the village and searched two 
homes, then they left without arresting any citizens.

-          18 Dec 2018: Soldiers raided the village at around 4:00 am, 
they arrested Saleh’s sister in law Ayat and also her brother. Israeli 
soldiers have been searching for Saleh’s brother A’sem who is Ayat’s 
husband.

*/Arrests in Kobar /*

So far, the Israeli occupation forces arrested 16 citizens from Kobar 
among them 10 were released and 9 are still in detention, see the below 
table for more details:

*Name*

*Date of arrest*

*Relation to Saleh Omar al-Barghouthy*

*Comment*

1

Omar al-Barghouthy

13 Dec 2018

Saleh’s father

At al-Mascobiyya interrogation center

2

A’ssef al-Barghouthy

13 Dec 2018

Saleh’s brother

At al-Mascobiyya interrogation center

3

Hadi al-Barghouthy

13 Dec 2018

Saleh’s brother in law

Got released

4

Khaloun al-Barghouthy

13 Dec 2018

Saleh’s cousin

Got released

5

Mutaz al-Barghouthy

13 Dec 2018

Got released

6

Zahran al-Fahel

13 Dec 2018

Got released

7

Muner al-Abed

13 Dec 2018

Got released

8

Khaled al-Abed

13 Dec 2018

Got released

9

Salah al-Barghouthy

13 Dec 2018

He got injured and his leg was amputated – he remains in Blinson Hospital

10

Khalid Zibar

13 Dec 2018

Got released

11

Mu’ad Dahadha

14 Dec 2018

At al-Mascobiyya interrogation center

12

Muhammad al-Barghouthy

15 Dec 2018

At al-Mascobiyya interrogation center

13

Assil al-Barghouthy

16 Dec 2018

Ofer prison

14

Ihab al-Barghouthy

16 Dec 2018

-

15

Mutasim al-Barghouthy

16 Dec 2018

-

17

Ayat al-Barghouthy

18 Dec 2018

Saleh’s sister in law

-

According to Article 33 of the Fourth Geneva Convention and Article 50 
of the Huge Regulations the punishment of any individual for a crime 
he/she did not commit is prohibited, and a violation of this article 
amounts to a war crime. Addameer considers what is happening in Kobar a 
war crime and a violation of the rights of the citizens of the village 
who did not commit any crime but are still getting punished until this day.

*Collective Punishment and Forcible Transfer at al-Am’ary Refugee Camp – 
/home demolition /*

On Friday 15 Dec 2018, hundreds of Israeli soldiers raided al-Ama’ry 
refugee camp in order to demolish the home of Islam Abu Hemaid. The 
demolition order came from the Israeli Supreme Court after accusing 
Islam of killing an Israeli soldiers during a soldier’s night raid in 
May 2018. The family of Abu Hemaid has six sons in Israeli detention, 
four of them are serving life sentences, one is under administrative 
detention, and Islam is still waiting for his sentence which may be also 
a life sentence.

After raiding the camp, the Israeli soldiers empted Abu Hemaid home 
which was filled with protestors standing in solidarity with the family. 
The soldiers also empted all the other homes surrounding it, all of 
those people were taken to al-Biereh’s government school nearby. Around 
200 people were held in the yard of the school, those people included 
elders, women, children and youth who were harassed and some were beaten 
by the soldiers.

As eye witness stated to Addameer’s researchers:

“I was standing peacefully in solidarity with the family outside their 
home when the soldiers raided the area at around 1 AM. Around 40 
soldiers came into the house to kick out the protester, they dragged 
some of them outside and started putting them in stress positions while 
handcuffing them. One of the guys refused to be handcuffed so five 
soldiers attacked him and started beating him all over his body, then 
they threw him on the street. Before they left him one of the soldiers 
stepped on his head.”

The eye witness then continued:

“The soldiers then started transferred people in groups, for example 
taking ten women with their children and transferring them to the 
school’s yard. Women, children and elders were not cuffed though the 
environment at the school yard was really difficult and we were around 
300 people along with 20 to 30 soldiers inside the yard and 100 outside 
of it. We were surrounded from all the sides of the yard and it was 
really cold over there. They held us there for around two hours then 
after long negotiation with the soldiers they allowed women, children 
and elders to get inside the school. Though, even inside the school the 
environment was difficult and it was still cold, one of the women there 
went into labor and was then transferred to the hospital.

At around 4 AM they allowed men to get inside the school, when the men 
saw the difficult environment there they started negotiating with the 
soldier to allow women, children and elders to go the Red Crescent 
building near the school. After 4 AM only women and children were taken 
to the Red Crescent building, and youth, men and elders remained inside 
the school until around 11 AM. They remained there without any water or 
food until 9:30 when the soldiers allowed Red Crescent staff brought 
them some water and bread. At around 10 or 10:30 the soldiers started 
leaving the area.”

  The demolition of Abu Hemaid home is not only considered collective 
punishment measure according to article 33 of the Fourth Geneva 
Convention, but also this is considered a forcible transfer. According 
to article 49 of the Fourth Geneva Convention, the occupier is not 
allowed to transfer a civilian population except in restricted and 
specific cases. The case of Abu Hamaid home demolition caused direct and 
forcible transfer for the remaining family members, which is prohibited 
according to international law and also considered a war crime. Even the 
new calls in Israel to a have an Israeli Bill to exile the families of 
those accused of carrying out attacks against Israeli soldiers or 
settlers is prohibited according to IHL and amounts to a war crime.

*Conclusion *

Addameer considers this ongoing harassment, violence and violations 
against Palestinians who are protected civilians to amount to war 
crimes. We also see that those crimes are systematic and wide-spread 
which amounts to crimes against humanity as well. These violation will 
continue and remain ongoing violations if the international community 
will not take actual measures against the Israeli occupation forces and 
authorities.

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[2] <#_ftnref2> Basic Principles on the Use of Force and Firearms by Law 
Enforcement Officials, Eighth UN Congress on Prevention of Crime and 
Treatment of Offenders, Havana, Cuba, 27 August- 27 September 1990, 
General Provision No. 9.

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