Israeli Military Attacks on the Occupied Palestinian Territories

This petition was filed with LAW in 4/02 against the Commander of the Israeli Army in the West Bank. The petition argued that by refusing permission for medical personnel to enter the Jenin refugee camp and Nablus, the Israeli army prevented medical treatment and the evacuation of the sick, wounded and dead. Because of curfews, sieges and ongoing fighting, families were unable to properly bury their dead. The army's actions violate the rights of the wounded to bodily integrity, and of the deceased to dignity. The army's refusal to allow families to bury their dead expeditiously and in a dignified manner is disproportionate, an arbitrary act of revenge, and without justification. The petition was dismissed in 4/02. The Supreme Court stated that: “Our fighting forces are obliged to apply humanitarian rules which refer to treating the injured, in the hospitals and the bodies of the dead. Wrongful use of medical teams and of hospitals and ambulances obliges the army to act in order to prevent such activity; however, this by itself, does not allow a sweeping violation of humanitarian rules. In fact, this is also the declared position of the state.”

(H.C. 2941/02, Badia Ra'ik Suabta and LAW v. Commander of the Israeli Army in the West Bank; joined for decision by the Court with H.C. 2936/02, Physicians for Human Rights-Israel v. Commander of the Israeli Army in the West Bank, decision delivered 8 April 2002).

This petition was filed with LAW in 4/02 against the Commander of the Israeli Army in the West Bank. The petition argued that the army is demolishing homes in the Jenin refugee camp using bulldozers, shells fired from tanks, and missiles launched from helicopter gun ships, failing to give Palestinian residents any prior notice, the right to be heard, or any time to escape from their homes prior to the demolitions, resulting in the loss of life and injury. These actions resulted in loss of life and injury to Palestinian civilians, some of who were buried under the rubble of their homes. The army has a duty to respect the residents’ rights to life, well-being and human dignity, and is prohibited from destroying civilian infrastructure and property in the camp. The state argued that the army “is making every effort to avoid hurting innocents,” and that before demolishing homes, the army broadcast warnings to residents. State admitted that in some cases, bulldozers began demolishing houses even before the residents had left. Petition dismissed 4/02, with the Court accepting the state’s claims.

(H.C. 2977/02, Adalah and LAW v. Commander of the Israeli Army in the West Bank, decision delivered 9 April 2002).

Targeting of the Civilian Population in the West Bank by the Israeli Army. This petition was filed jointly with LAW and ACRI in 4/02 against the Commander of the Israeli Army in the West Bank and the Chief of Staff of the Israeli Army. The petition argued that the army has attacked numerous civilian targets throughout the West Bank, including houses, schools, roads, hospitals, churches, and mosques, as confirmed by media reports, eyewitness testimonies, and the army itself. It also argued that the assault on the civilian population, infrastructure and property and against the lives and bodies of civilians is unreasonable and disproportionate, and was carried out with excessive force. The petitioners sought an immediate end to the shelling and striking of civilians and civilian targets, as the army is prohibited from indiscriminately attacking against civilian targets. The Supreme Court accepted the army’s response that it was making every effort to prevent and minimize harm to civilians. The petition was dismissed in 4/02.

(H.C. 3022/02, LAW, The Association for Civil Rights in Israel, and Adalah v. Commander of the Israeli Army in the West Bank, Yitzhak Eitan, and Chief of Staff of the Israeli Army, Shaul Mofaz . decision delivered 10 April 2002).

Planned Burial of Palestinians in Mass and Anonymous Graves, and Refusal to Allow Humanitarian Organizations to Enter the Jenin Refugee Camp

Organizations to Enter the Jenin Refugee Camp. The petition was filed with LAW in 4/02 against the Commander of the Israeli Army in the West Bank. Based on media reports, it appears that the army was collecting dead bodies on the outskirts of the Jenin refugee camp with the intention of burying them in mass, anonymous or numbered graves. The army refused to allow the International Committee of the Red Cross (ICRC), the Palestine Red Crescent Society, or any other humanitarian agency to enter the camp for over nine days. The army's refusal to allow families to rapidly and respectfully bury their dead according to religious customs infringes on the rights of the deceased and their families, is disproportionate, and is an arbitrary act of revenge. The army’s actions violate previous commitments made before the Court to avoid severe violations of international humanitarian law, and thus, as the army is in control of the Jenin camp, the army is in contempt of court. Supreme Court granted petitioners’ motion for injunction to stop any burials. Supreme Court fixed responsibility on the army, accompanied by the ICRC, for identifying and documenting the bodies; once this is done, they should be given to family members for burial as quickly as possible. The state admitted that the army began evacuating bodies without immediately contacting relevant Palestinian organizations. The petition is dismissed in 4/02.

(H.C. 3116/02, Adalah and LAW v. Commander of the Israeli Army in the West Bank; joined for decision by the Court with H.C. 3114/02, Mohammed Barakeh, Member of Knesset (MK) v. Minister of Defense, Benjamin Ben-Eliezer, et. al. and H.C. 3115/02, Ahmed Tibi, MK v. Prime Minister Ariel Sharon et. al., decision delivered 14 April 2002).