skarfur

22.1.2009 | 21:02

Óskað eftir rannsókn á mannréttindabrotum Ísraelshers á Gaza.

8 Human Rights NGOs sent a letter to the Attorny General Dmending the establishment of an independent investigation mechanism

22.01.2009

On January 20, 2009, eight human rights NGOs - the Association for Civil Rights in Israel, Bimkom, B'Tselem, Gisha, Hamoked Center for Defense of the Individual, the Public Committee Against Torture in Isael, Yesh Din, and Physicians for Human Rights, sent a letter to the Attorney General demanding the establishment of an independent mechanism to investigate the killing and injuring of civilians during the fighting in Gaza, in cases in which there is a strong suspicion that the Israel Defense Forces (IDF) committed serious breaches of the humanitarian law.

ACRI Attorney Limor Yehuda states in the intervention that based on events already published and on other information being gathered on a daily basis, as well as the alarming number of women and children among the dead, there is sufficient reason to believe that the IDF was in breach of the rules of war. This suspicion obliges Israel to initiate comprehensive and effective investigations by an independent body.
The letter states that according to a report by the Palestinian Ministry of Health, at least 1,300 people, of whom 410 were children and 104 were women, were killed in IDF attacks up until January 19, 2009. 13 medical staff were among the dead. From the beginning of the ground incursion, at least 845 people were killed, more than half of them women and children. Moreover, 5,300, of whom 795 were women and 1,855 were children, were injured in the attacks. More than 300 of them were seriously injured. Other reports indicate that buildings in which there were civilians, including women and children, were attacked by the IDF, and there were cases of attacks on buildings in which dozens of civilians were killed. It was emphasized in the intervention that although the information received is still partial, it is sufficient to warrant an independent and exhaustive inquiry.
Attorney Yehuda notes in the letter that two of the basic principles of International Humanitarian Law are the principle of distinguishing between combatants and civilians and the principle of proportionality, which are intended to serve the greater purpose of humanitarian law: the minimization of suffering caused to the civilian population during an armed conflict.
International law prohibits the carrying out of indiscriminate attacks. It is prohibited to use military means that cannot be directed against a specific military target or when injury to the civilian population cannot be limited.
The letter states that an attack on civilian buildings cannot be carried out based on a general suspicion but only on well-founded information and with due consideration of the risk of civilian casualties. If it transpires that the target selected is not a military one or there is reason to expect that there will be excessive injury to civilians or damage to civilian property - the attack must be aborted.
The organizations stated in the letter that the firing of missiles by Hamas against Israel with the intention of injuring civilians is a serious breach of international law, as is the use of the civilian population as "human shields" or the launching of attacks from deep inside civilian populations; however, this does not permit Israel to break the provisions of international law or release it from the prohibitions of that law.
The human rights organizations stress that the State of Israel is obliged to initiate and conduct independent and effective inquiries into every incident in which it is suspected that its officers or other ranks may be responsible for breaches of international law. It is also emphasized that the investigations that should be conducted must also relate to the legality of the orders and instructions given to the forces in the field, both during their preparation and training for the action and during the action itself.

To read the letter click here or see the attached file.

to read a list of Sample Incidents which warrant investigation click here or see the attached file