[News] Al-Haq Condemns Attack by the Israeli Occupying Forces on Birzeit University Students

Wed Jan 12 10:55:51 EST 2022

Al-Haq Condemns Attack by the Israeli Occupying Forces on Birzeit 
University Students

  *Al-Haq Condemns Attack by the Israeli Occupying Forces on Birzeit
  University Students*

Date: 11 January 2022

On Monday afternoon, on 10 January 2022, the Israeli Occupying Forces 
(IOF) raided Birzeit University campus, north of Ramallah, arresting 
five students in front of the eastern university entrance. Approximately 
14 members of the IOF, some with regular uniforms and others from 
special forces, some of whom were masked, attacked student 
representatives as they attended a meeting of student unions (political 
fractions) in Birzeit University. Local sources say that the IOF drove a 
white windowless van, usually used for moving goods, with a Palestinian 
registration plate to access the grounds of the university campus,[1] 
<#_ftn1> which Al-Haq documented was followed by a 4x4 vehicle that also 
carried soldiers.

The attack took place at the outskirts of the university campus adjacent 
to the eastern entrance to the university. The students attempted to 
flee but were chased by the IOF. One student, Ismail Barghouti tried to 
climb the closed entrance of the university when he was shot and injured 
with live ammunition in the thigh. He is currently undergoing treatment 
at Talhasharon hospital and is in a stable condition. Four students were 
arrested and taken to Ofer interrogation center. According to 
eyewitnesses who reported to Al-Haq, the students were kicked and hit 
during the arrests. Several gunshots were heard but no other injuries 
were reported. The IOF arrested Ismail Barghouti, Qassam Nakhleh, Abdel 
Hafeez Sharbati, Walid Harazneh, and Muhammad Al-Khatib in front of the 
university's eastern entrance, amid heavy gunfire. Two students were 
released after five hours interrogation, while two remain in detention.

Al-Haq strongly condemns the raid on Birzeit University and Israel’s 
continued violation of its obligations under international law. Birzeit 
is one of the oldest and largest Palestinian universities in the West 
Bank. Under Article 50 of the Fourth Geneva Convention, Israel is 
obliged to “facilitate the proper working of institutions for children”, 
which includes “institutions and establishments of a social, 
educational, or medical character”.[2] <#_ftn2> Yet, students at the 
University are regularly subjected to intimidation, assault and 
arbitrary arrest by Israeli soldiers, as the raid on 10 January 2022 
demonstrates.[3] <#_ftn3>

The raid by the IOF to arrest five students at Birzeit University, as a 
policing operation in occupied territory is governed primarily by the 
framework of international human rights law. As such, policing 
activities against civilians during belligerent occupation may never be 
conducted like hostilities against combatants.[4] <#_ftn4> The UN Basic 
Principles on the Use of Force and Firearms by Law Enforcement Officials 
(Basic Principles) specify that the use of firearms is permissible only 
as an absolute last resort in the case of self-defence or the defence of 
others against imminent threat of death or serious injury. Further, 
Article 3 of the Code of Conduct for Law Enforcement Officials 
stipulates that the use of firearms “is considered an extreme measure” 
in which “[e]very effort should be made to exclude the use of firearms, 
especially against children”. The international standards for law 
enforcement officials are grounded in respect and protection for human 
dignity, aimed to maintain and uphold the human rights of all persons. 
By using live ammunition on a university campus attended by around 
14,500 students,[5] <#_ftn5> the risk of critical injury or loss of life 
to the civilian population far outweighed and was disproportionate to 
the IOF outcome of securing the arrest of five individual students.

Israel’s continuous attacks against Palestinian universities 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=8c42161004&e=08c14cf485> 
confirm Israel’s intent to weaken and dismantle education in Palestine. 
In doing so, Israel, the Occupying Power, is in breach of Article 13 of 
the International Covenant on Economic, Social and Cultural Rights 
(ICESCR) which guarantees the right of everyone to education; and 
Articles 19 and 21 of the International Covenant on Civil and Political 
Rights (ICCPR) which protect the right to freedom of expression and the 
right of peaceful assembly. Al-Haq strongly condemns the IOF’s attack 
that targeted the Birzeit University, along with all other attacks 
against Palestinian educational institutions and further calls on the 
international criminal court to treat the attack as an act of 
persecution against the civilian population.

Accordingly, Al-Haq urgently recommends that the international 
community, intervene to protect the right of access to education of 
Palestinians in the occupied territory. Further, Al-Haq calls on the UN 
Special Rapporteur on the right to education to visit the Occupied 
Palestinian Territory and examine how the Palestinian right to education 
is impacted by the occupation. Additionally, Al-Haq calls on the 
international community and all High Contracting Parties to the Fourth 
Geneva Convention to fulfill their obligations towards protecting human 
rights and ensuring the implementation of international humanitarian law.

------------------------------------------------------------------------
[1] <#_ftnref1> Palestine Chronicle, “Israel Special Forces Detain 
Birzeit University Students” (10 January 2022) 
<https://www.palestinechronicle.com/israeli-special-forces-detain-birzeit-university-students-video/>
[2] <#_ftnref2> Commentary to Article 50 of the Fourth Geneva Convention.
[3] <#_ftnref3> Al-Haq, “Al-Haq Condemns IOFs Attack on Bizeit 
University” (13 January 2016) <https://www.alhaq.org/advocacy/6450.html>
[4] <#_ftnref4> M Sassoli and A Bouvier, ‘How Does Law Protect in War? 
Cases, Documents and Teaching Materials on Contemporary Practice in 
International Humanitarian Law’ (3rd Edn ICRC, Geneva 2011) Vol I, 
Chapter 14, 4; and UN OHCHR, International Legal Protection of Human 
Rights in Armed Conflict (2011) , 66.
[5] <#_ftnref5> According to Birzeit University records 2020.

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