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דוח מיוחד
פלישת הצבא הישראלי לשטחים הכבושים
Petitions Filed to the Supreme Court of Israel: April - June 2002
This section summarizes six petitions filed before the Supreme Court of Israel during and after the Israeli army's March - April 2002 military attacks on Palestinian cities, towns, villages and refugee camps in the West Bank, referred to as "Operation Defensive Shield." The cases were brought by Adalah: The Legal Center for Arab Minority Rights in Israel and LAW - The Palestinian Society for the Protection of Human Rights and the Environment. Other Palestinian and Israeli human rights organizations joined three of the petitions as co-petitioners. These cases illustrate a pattern of grave human rights violations, which have been and continue to be committed by the Israeli army against Palestinians throughout the Occupied Palesitnian Territories.
1. Denial of Medical Treatment for Sick and Wounded, Access of Medical Personnel and the Right to Burial of the Dead
H.C. 2941/02, Badia Ra'ik Suabta and LAW v. Commander of the Israeli Army in the West Bank
2. Demolition of Homes in the Jenin Refugee Camp
H.C. 2977/02, Adalah and LAW v. Commander of the Israeli Army in the West Bank
3. Targeting of the Civilian Population in the West Bank by the Israeli Army
H.C. 3022/02, LAW, ACRI, and Adalah v. Commander of the Israeli Army in the West Bank, Yitzhak Eitan, and Chief of Staff of the Israeli Army, Shaul Mofaz.
4. Planned Burial of Palestinians in Mass and Anonymous Graves, and Refusal to Allow Humanitarian Organizations to Enter the Jenin Refugee Camp
H.C. 3116/02, Adalah and LAW v. Commander of the Israeli Army in the West Bank.
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A petition demanding an end to the burial of Palestinian fighters and civilians from Jenin refugee camp in mass graves, and permission for the ICRC and PRCS to enter the camp and to evacuate the dead bodies and bring them to hospital.
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Case summary:
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English
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Petition:
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English/MS Word
Hebrew/MS Word
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State Response:
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English/MS Word
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Supreme Court Decision:
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English/MS Word
Hebrew/PDF
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Breaking News - Adalah and LAW Call on Supreme Court to Establish Procedures for the Removal of Palestinian Bodies from Jenin Refugee Camp - 15 April 2002
Breaking News - Supreme Court Orders that Humanitarian Agencies be Allowed to Locate and Identify Palestinian Bodies from Jenin Refugee Camp
- 14 April 2002
Breaking News - Supreme Court to Hear Petitions on Removal of Dead Bodies of Palestinian Fighters and Civilians from Jenin Refugee Camp
- 13 April 2002
Breaking News - Adalah and LAW Petition the Israeli Supreme Court to Stop the Burial of Palestinian Fighters and Civilians in Mass Graves in the Jenin Refugee Camp
- 12 April 2002
Tanya Reinhart, "Jenin - The Propaganda War," Yediot Ahronot, 21 April 2002
Moshe Reinfeld and Amira Hass, "Court told: IDF leaving dead to rot in Jenin," Ha'aretz, 16 April 2002
"Red Cross to join IDF in seeking Jenin dead," Ha'aretz, 15 April 2002
Amos Harel, Gideon Alon and Jalal Bana, "Court rejects petitions demanding IDF not remove Jenin dead," Ha'aretz, 14 April 2002
Amos Harel, Gideon Alon and Jalal Bana, "High Court order delays IDF removal of Jenin dead," Ha'aretz, 14 April 2002
Amos Harel, Anat Cygielman and Jalal Bana, "Court: IDF can't move bodies; Lieberman: Barak must be ousted," Ha'aretz, 13 April 2002
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5. Use of Palestinian Civilians as Human Shields by the Israeli Army
H.C. 3799/02, Adalah, et. al. v. Yitzhak Eitan, Commander of the Israeli Army in the West Bank, et. al.
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A petition submitted by seven Israeli and Palestinian human rights organizations, requesting a Court order instructing the Israeli army to stop using Palestinian civilians as human shields, as hostages, and for other military purposes.
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Case summary:
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English
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Petition:
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English/MS Word
Hebrew/MS Word
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State Response:
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English/MS Word [1 of 2]
English/MS Word [2 of 2]
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Supreme Court Decision:
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Case pending
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Adalah Files Motion for Contempt of Court: Israeli Army Still Using Palestinian Civilians as Human Shields - 20 November 2002
Supreme Court Grants Injunction Preventing Israeli Army from Using Palestinian Civilians as Human Shields - 18 August 2002
Press Release - In Response to Supreme Court Petition, Israeli Army Implicitly Admits to Using Palestinian Civilians as Human Shields and Declares its Intention to Open an Investigation - 8 May 2002
News Update - Seven Human Rights Organizations Petition Supreme Court to Stop Israeli Army's Use of Palestinian Civilians as Human Shields - 6 May 2002
News Update - Adalah Demands that Attorney General's Office Compel Israeli Army to Stop Using Palestinian Civilians as Human Shields - 18 April 2002
"Israeli army accused of using human shields," Australian Broadcasting Corporation, 28 November 2002
Jonathan Cook, "Miriam as human shield," Al-Ahram, 28 November 2002
Jonathan Cook, "Judicial Partiality," Al-Ahram, 6 June 2002
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6. Inhumane Treatment and Detention Conditions of Palestinians in Ansar III Detention Center ("Ketziot").
H.C. 5591/02, Adalah et. al. v. Yuni Ben David, Military Commander of Ansar III et. al.
Petition submitted by Adalah on behalf of ten Palestinian and Israeli human rights organizations to the Attorney General's Office on 29 April 2002 demanding that the inhumane conditions faced by over 500 Palestinian detainees, about 300 of whom are being held in administrative detention, in Ansar III be addressed. Palestinian detainees being held in Ansar III, located in the south of Israel, were transferred from the West Bank. Ansar III is grossly overcrowded and rife with unhygienic conditions. Detainees lack sufficient food and clean water, clothes and blankets, medical treatment, adequate bathroom facilities, and other basic services.
Summary of Supreme Court Decision; English/RTF
Supreme Court Dismisses Petition Protesting Inhumane Detention Conditions at Ansar III - 24 December 2002
Supreme Court Hears of Inhumane Conditions of Palestinian Detainees Held at Ansar III - 16 October 2002
Seven Palestinian Detainees and Ten Human Rights Organizations Submit Petition to Supreme Court Protesting Detention Conditions in Ansar III - 28 June 2002
News Update - Adalah Files Pre-Petition in Opposition to Inhumane Treatment of Detainees in Ansar III Detention Center - 2 May 2002
Laura King, "Israeli court rebukes army over detainee misery," Los Angeles Times, 20 May 2002
Other Supreme Court Decisions
H.C. 3278/02, The Association for Civil Rights in Israel et. al. v. The Commander of the Israeli Army in the West Bank et. al.; English/RTF
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Related Reports
Amnesty International, "Shielded from scrutiny: IDF violations in Jenin and Nablus," 4 November 2002 ( in Arabic)
Amnesty International, "Mass detention in cruel, inhuman and degrading conditions," 23 May 2002
Amnesty International, "The heavy price of Israeli incursions," 12 April 2002
Human Rights Watch "Jenin: IDF Military Operations," May 2002
Human Rights Watch, "In a Dark Hour: The Use of Civilians During IDF Arrest Operations," April 2002
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