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<font size=3>PCHR Contests Distortion of Gaza Strip Death Toll <br><br>
<a href="http://english.pnn.ps/index.php?option=com_content&task=view&id=4986&Itemid=99999999" eudora="autourl">
http://english.pnn.ps/index.php?option=com_content&task=view&id=4986&Itemid=99999999<br>
</a>01.04.09 - 21:06 <br><br>
Gaza City / PCHR - The Palestinian Centre for Human Rights (PCHR) contest
figures presented by the Israeli Coordination and Liaison Authority for
the Gaza Strip which claim that 1,370 Palestinians were killed in the
course of Israel’s 23 day military offensive on the Gaza Strip. The
Israeli Coordination Authority claim that 600 of the dead were
combatants, and that 309 civilians were killed in the attack. They have
yet to classify 320 Palestinians.<br>
<br>
PCHR regards this as a deliberately manipulative attempt to distort the
reality of the offensive, and to disguise Israel’s illegal actions.
Following extensive investigation and cross-checking, PCHR have
determined that a total of 1,417 Palestinians died in the offensive. 926
were civilians, including 313 children and 116 women. 255 were
non-combatant police officers. 236 combatants were killed, representing
16.7% of the total deaths.<br>
<br>
PCHR’s findings are available in Arabic at
<a href="http://www.pchrgaza.org/">www.pchrgaza.org</a>. An English
version is currently in translation.<br>
<br>
PCHR consider the IOF’s classification of police officers as combatants
illegal: this classification constitutes a willful violation of the
principle of distinction, a key component of customary international law.
Hamas is a multi-faceted organization, exercising de facto governmental
control of the Gaza Strip. As an organization, it cannot be considered an
armed group. Rather, a distinction must be made between Hamas’ armed and
political/civil components. The Izz ad-Din al-Qassam Brigades are the
military wing of the Hamas organization, they are an armed group, and are
considered as combatants according to IHL. However, Hamas’ political and
civil wings are comprised of civilians, who are legally entitled to the
protections associated with this status, provided they do not take an
active part in hostilities. Civil police, and governmental officials
cannot be considered combatants. Attacks intentionally directed against
these individuals constitute willful killing, a grave breach of the
Geneva Conventions, and a violation of customary international law.<br>
<br>
The excessively disproportionate civilian death toll, and Israel’s
conduct of hostilities – including, inter alia, indiscriminate attacks,
wilful killing, the extensive destruction of property, target selection,
the lack of precautions taken in attack, the excessive use of force, and
the use of weapons such as white phosphorous in civilian areas – demand
effective judicial redress. Many of the cases documented by PCHR
constitute grave breaches of the Geneva Conventions, and war crimes. The
widespread and apparently systematic violations of customary IHL
witnessed in the Gaza Strip may also amount to a crime against
humanity.<br>
<br>
PCHR call on all States to fulfill their legal obligations, as codified
in Article 146 of the Fourth Geneva Convention, to prosecute any persons
suspected of committing grave breaches of the Geneva Conventions. All
States must enact appropriate legislation to ensure that such persons may
be tried in national courts, in accordance with the principle of
universal jurisdiction.<br>
<br>
While strongly condemning the actions of the IOF during their offensive
on the Gaza Strip, PCHR:<br>
<br>
1. Calls for establishing effective international investigation into
crimes committed by IOF against Palestinian civilians, and Israel’s
conduct of hostilities.<br>
2. Calls for the prosecution of all political and military officials who
are accused of committing war crimes against Palestinian civilians.<br>
3. Calls for an end to all measures of collective punishment inflicted on
the population of the Gaza Strip, including a lifting of the siege, and
ensuring the free and safe movement of persons and goods.<br>
4. Calls upon Israel to fulfill its obligations as the Occupying Power to
facilitate unrestricted humanitarian access, and to provide those
articles necessary to ensure the safety and well being of the civilian
population.<br>
5. Calls upon the international community to immediately intervene to
prevent impunity for such crimes, and calls upon the High Contracting
Parties to the Geneva Conventions to fulfill their obligation under
Article 1 of the Convention to ensure respect for the Convention in all
circumstances, as well as their obligation under Article 146 of the
Fourth Geneva Convention to search for and prosecute those who are
responsible for perpetrating grave breaches of the Geneva
Conventions.<br>
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