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From: tamer@palnet.com
Date: 04 Nov 2004
Time: 09:45:38
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Dear friends The escalation of the Israeli atrocities against the Palestinian people in the Palestinian Occupied Territory amidst International endorsement or indifference demands from all organizations working for human rights, to launch quick and effective actions to stop these crimes against humanity. Enclosed is an appeal on the subject, governments and the International community should take the necessary measures to put an end to this nightmare to protect Palestinian children and restore the national and human rights of the Palestinian people. Jehan Helou Tamer Institute for Community Education E-mail tamer@palnet.com Webpage www.tamerinst.org Tamer Institute Appeal for Action The respect for civilians during belligerent occupation is regarded as an “elementary notion of humanity.” International Humanitarian Law and Human Rights Law ensure that children’s rights are protected at all times including times of military conflict or occupation. The rationale behind international action on behalf of children is the moral and legal recognition of their emotional, physical and psychological vulnerability, their need for special care, and recognition of the obligation to respect and ensure respect for their rights. The Fourth Geneva Convention of 1949 applies in times of armed conflict or occupation; its paramount consideration is the protection of civilians. The Convention and the obligations contained therein apply to Israel as the occupier of Palestinian territories. The Convention on the Rights of the Child (CRC) 1989 is the most widely ratified human rights instrument in history and is the first legally binding international instrument to incorporate such a broad range of human rights - civil and political rights as well as economic, social and cultural rights. The Convention has been ratified by Israel who, as the occupying power of Palestinian territory, is the state party charged with upholding the rights of Palestinian children; the rights contained therein are applicable to all children within the jurisdiction of Israel, irrespective of a child’s nationality or other status. Children make up 53% of the Palestinian population. Children are less able to protect themselves from violations of their rights, or even to take advantage of protections that may be available. Palestinian children’s vulnerability is increased due to a number of factors, which derive ultimately from the fact that they are living in a situation of armed conflict due to the continued Israeli occupation. Such factors include poor access to education, poor access to health care and severe poverty. The general principles of the Convention on the Rights of the Child are: (a) non-discrimination (art.2), (b) best interests of the child (art. 3) (c) the right to life, survival and development (art. 6), and (d) respect for the views of the child (art.12). The Convention also provides for the right of the child to education (art. 28), and protection from all forms of physical and mental violence (art. 19). Operation Days of Penitence There has been increasing aggression committed by the Israeli army towards Palestinians in more recent times and this violence has culminated in a large scale military operation, which began on the 28 September, named ‘Days of Penitence’. According to the Palestinian Ministry of Health (MoH), 119 Palestinians have been killed in the Gaza Strip since 28 September 2004, 105 of the deaths occurring in the northern Gaza Strip. Thirty three of the deaths in the Gaza Strip (roughly 28%) are children aged 18 and younger. Of those 33 deaths, 29 occurred in northern Gaza. In the northern Gaza Strip, 399 Palestinians have been injured, of which 170 (roughly 43%) are children. Palestinian children have the right to life, survival and development and to be protected from all forms of physical and mental violence (CRC, Articles 6 & 19) · Children have been killed and injured at home, in schools and in the streets by missiles, artillery and by snipers due to the IDF using indiscriminate and disproportionate use of force in residential areas. There have been numerous incidents, too many to document but here is a sample of the nature of incidents which have occurred in Gaza. According to investigations by PCHR, on 7th October 2004, Israeli troops positioned to the north of Tal al-Za’tar area fired an artillery shell at a number of Palestinian children who were near a sports club nearly 300 meters away; two children were killed. In Rafah, Israeli soldiers killed 13-year-old Iman Samir Darweesh Al Hams near a military post. Eyewitnesses, including Israeli soldiers from the unit that killed her, said the unit’s commander approached her, shot two bullets into her, walked back towards the force, turned back to her, switched his weapon to automatic and ‘emptied his entire magazine into her’. Palestinian witnesses say soldiers pumped her bag full of bullets, establishing that it was not a bomb but still went on to shoot the girl. An army investigation has since cleared the commander of ‘unethical’ behaviour. In situations of military occupation, the occupying power must facilitate institutions ‘devoted to the care and education of children’ (Article 50, Geneva IV); schools must be protected from military attack (Protocol I relating to the Protection of Victims of International Armed Conflicts, Article 52, 1977); attacking schools is classed as a war crime (Rome Statute of the International Criminal Court, 2002, Article 8) · It was reported that the Israeli army took over a number of schools in the Jabaliya refugee camp and was using them as firing positions against surrounding civilian areas. It was described by an UNRWA spokesman how Israeli tanks broke down the walls of three schools, on 30th September, while children were still in class. One school was left in ruins and ‘toys, coloring books and posters of Donald Duck and Mickey Mouse were scattered in the dust’. On the 12th October, Israeli forces opened fire at an elementary school in Khan Yunis, wounding an 11 year old schoolchild when she was sitting at her desk; the child died from her wound the following day. Palestinians lack effective courts of law and have no means of defending and vindicating their rights as defined by international humanitarian law and human rights law. This absence of judicial recourse necessitates immediate and effective action from the international community to ensure Israel’s compliance with its human rights and humanitarian obligations. Article 1 of the Fourth Geneva Convention places a duty on High Contracting Parties to respect the Convention; there is also an inter-state duty to ensure that other state signatories respect them. High Contracting Parties must use all lawful means at their disposal to bring the offending state into compliance with the Convention. All states parties of the CRC must respect, protect and fulfill the rights provided for in the treaty. The obligation to protect requires States to take measures that prevent third parties from interfering with the rights guaranteed. The obligation to fulfill contains obligations to facilitate, provide and promote. Therefore, there is a constant obligation on States Parties not only to avert violation of human rights standards but to actively engage in fulfilling them and achieving higher standards. States party to the Convention on the Rights of the Child “shall take all feasible measures to ensure protection and care of children who are affected by armed conflict” in accordance with their obligations under international humanitarian law to protect the civilian population in armed conflict. Since the beginning of the Intifada in September 2000, the occupation troops in Gaza have killed 516 children. Whereas in the overall count of all the victims of the intifada the ratio is three Palestinians killed for every Israeli killed, when it comes to children the ratio is 5:1. In the view of Tamer Institute, the international community has failed in its duty to intervene and stop such violations; the absence of such intervention leads to more violations and to the loss of civilians’ and children’s lives. We call upon the international community to ensure that Israel respect and enforce the Fourth Geneva Convention so that all civilians including children receive the protection to which they are entitled. We call upon the UN Committee on the Rights of the Child to investigate Israel’s violations of the provisions of the Children’s Rights Convention. 10/23/2004