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<h1>PHROC Open Letter to UN Secretary-General on Hostilities in the
Gaza Strip
</h1>
<span class="text">
<div style="text-align: left;"><b><small><small><small><a class="moz-txt-link-freetext" href="http://www.addameer.org/etemplate.php?id=710">http://www.addameer.org/etemplate.php?id=710</a></small></small></small></b><br>
Dear Mr. Secretary-General,</div>
<div style="text-align: left;"> </div>
<div>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 '<a
href="http://www.alhaq.org/attachments/article/208/Legal_Brief_Gaza_Cast_Lead_Jan.pdf">Operation
Cast Lead</a>’ and '<a
href="http://www.alhaq.org/images/stories/PDF/2012/QA_Gaza_Strip_27Nov2012.pdf">Operation
Pillar of Defense</a>’.</div>
<div> </div>
<div>'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.</div>
<div> </div>
<div>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.</div>
<div> </div>
<div>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.</div>
<div> </div>
<div>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.</div>
<div>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.<a
href="file:///C:/Users/Randa/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/51FLRISF/PHROCLetter%20to%20Ban%20Ki-moon_15July2014.doc#_ftn1"
name="_ftnref1" title="">[1]</a> 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”<a
href="file:///C:/Users/Randa/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/51FLRISF/PHROCLetter%20to%20Ban%20Ki-moon_15July2014.doc#_ftn2"
name="_ftnref2" title="">[2]</a>. 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.</div>
<div> </div>
<div>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:</div>
<div> </div>
<div>· Clarify Israel’s obligations as an Occupying Power
engaged in hostilities in Palestine;</div>
<div>· Immediately and unequivocally deplore Israel’s
indiscriminate and disproportionate attacks against Palestinian
civilians and civilian objects;</div>
<div>· Demand that all parties comply with their
international humanitarian law obligations, including the
principles of distinction, proportionality and military
necessity;</div>
<div>· 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;</div>
<div>· 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;</div>
<div>· Continue to bring to the attention of the Security
Council violations of Palestinians’ rights;</div>
<div>· Request the High Commissioner for Human Rights to
join the Secreatry-General in firmly condemning Israel’s
persistent violations of international law</div>
<div> </div>
<div>Sincerely,</div>
<div align="center"> </div>
<div align="center"><img
src="cid:part5.08070703.06020407@freedomarchives.org" alt=""
height="671" width="588"></div>
<div> </div>
<div><br clear="all">
<hr align="left" size="1" width="33%">
<div id="ftn1">
<div><a
href="file:///C:/Users/Randa/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/51FLRISF/PHROCLetter%20to%20Ban%20Ki-moon_15July2014.doc#_ftnref1"
name="_ftn1" title="">[1]</a> <a
href="http://www.btselem.org/gaza_strip/20140708_gaza_operation">http://www.btselem.org/gaza_strip/20140708_gaza_operation</a></div>
</div>
<div id="ftn2">
<div><a
href="file:///C:/Users/Randa/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/51FLRISF/PHROCLetter%20to%20Ban%20Ki-moon_15July2014.doc#_ftnref2"
name="_ftn2" title="">[2]</a> ICRC, International
Customary Law Rule 8</div>
</div>
</div>
</span>
<div class="moz-signature">-- <br>
Freedom Archives
522 Valencia Street
San Francisco, CA 94110
415 863.9977
<a class="moz-txt-link-abbreviated" href="http://www.freedomarchives.org">www.freedomarchives.org</a>
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