Delegation of Inquiry of the International Committee for Palestinian Human Rights (ICPHR) to the Occupied Palestinian Territories
(February 1988)
Members:
-- Dr. Norbert Wimmer, Professor of Public Law at the University of
Innsbruck, alternate member of the Constitutional Court of Austria
-- Dr. Josef Unterweger, Attorney-at-Law, member of the Association of Critical
Jurists, Vienna (Austria)
REPORT
on
the Situation in the Occupied Territories
in Regard to the Hague Declaration and the Human Rights Convention
I.
The
undersigned have been retained at the request of the International Progress
Organization and the Austrian-Arab Society between the 21st and 25th of February
1988 for investigate purposes in the Arab territories occupied by Israel (West
Bank and Gaza-Strip).
In
particular their commission called for the collection of facts and information
that would make possible a judgement on the human rights situation in this area.
In pursuit of this commission, the experts visited the cities of Jerusalem,
Hebron, Nablus and Gaza.
In
all these cities, they spoke with representatives of the Palestinian trade
unions, lawyers and distinguished Palestinian journalists. On the basis of their
on-the-spot-inquiries and their numerous interviews, the undersigned arrive at
the following statement.
II. General Situation
By
our own perceptions, the situation in the occupied territories presents itself
generally as follows:
In
December of 1987, the Palestinians proclaimed a general strike that at the time,
with few exceptions, was completely followed.
In
essence, this means that the businesses stay open only three hours (either in
the morning or in the afternoon). The schools are also closed. The entire public
life of the Palestinian territories stagnates. Until its lifting, the general
strike would just strengthen and intensify as the businesses were totally closed
an the twenty-third and twenty-fourth of February.
For
visitors, the occupied territories presented themselves as no-man's-land. The
streets, in particular in Gaza, Nablus and Hebron, were totally empty as is the
case for the eastern part of Jerusalem. People were only to be seen as lone
individuals; mostly youths, some of which carried stones in their hands. This
occurrence in the territories is not harmless -as Palestinian contacts
confirmed; the Palestinians take all passing cars and their passengers as strike
breakers and therefore assault them with stones. At any rate, the experts only
observed these "street-fighters" sporadically in Gaza.
Far
more attention is raised by the presence of the Israeli occupying forces. The
occupied territories are completely encompassed by military forces. Heavily
armed military patrols police the settlements, and check-points have been
erected on the access roads.
A
noticeable tension fills the air that always finds expression in clashes between
the Palestinian civilian population and the military power. It is nevertheless
evident for the observer that potential disruptions by the Palestinians could be
kept under control by the Israelis on account of their military superiority.
In
general it should be noted that the entire infrastructure of the occupied
territories is in a thoroughly deplorable state. Long stretches of roads are
destroyed; when it rains they turn into little lakes that hardly permit transit.
The public buildings are devastated. Schools and public hospitals are in deep
disrepair.
Altogether,
it should be noted that the Palestinians suffer greatly under the general
strike, but they carry on, on account of its political meaning.
The
description to this point concerns the occupied territories in general. The
situation in the refugee camps is in itself still more precarious. Here there is
the particular danger, as also in the occupied territories, of an imminent
famine. Already the prices climb such that the population can hardly still
ensure their daily nutrition.
III. The
situation of Human Rights
The
following statement concerning human rights in the occupied territories is
orientated around the Hague Declaration of 1899 and the Additional Protocol to
the IVth Geneva Convention concerning the Protection of Civilians in Time of
War. From this basis, the following can be stated:
1.
In General
It
may be maintained for the time being that according to Article 43 of the Hague
Declaration, the public life in the occupied territories is to be upheld as long
as no imperative obstacle exists, "under observance of the laws of the
land", in which case current (Jordanian) law is to be applied.
In
contrast to this, it is obvious that valid laws preceding the occupation (i.e.
Jordanian laws) are extensively overshadowed and superseded by military orders.
From this principle, one can conclude that the occupying law breaks the law of
the Palestinians.
This condition becomes hardened by the
quantity of the existing military orders. There are over 1,200 military orders
in force at the moment, all of which supersede any previous provisions.
That
for only a fraction of these occupying laws an acceptable "compelling"
reason exists is demonstrated by example: the obtaining of a driver's license by
a Palestinian is dependent an the issue of permission from the military
governor. Also, the planting of a tree requires the permission of the occupying
power.
The
replacement of Jordanian laws with the laws of the occupying power further
aggravates the situation because until 1981 the military orders were not
publicized. Since then they have been published but only in part and in Hebrew.
The least one could ask of a legal state is the publication of the laws, this
having been neglected.
2.
Protection of Life
(Article
46 of the Hague Declaration,
The
life of the civilian population is protected under both Article 46 of the Hague
Declaration and Article 2 of the Human Rights Convention.
Contrary
to this is the fact that since the beginning of the general strike in December
of 1987, more than sixty people have lost their lives at the hands of the
Israeli security forces.
Without
examining each case, it can't be accepted by the comparison of the mostly
youthful victims and the well equipped and fully protected soldiers that in
every case, the latter must have taken such drastic measures in self-defense
against the youths.
The
experts were given an account in Nablus of two people from a nearby neighborhood
who were shot and then flogged as they lay on the ground.
The
present conflict has led not only to deaths but also to injuries. It was evident
during a visit to a private hospital in Nablus that a large number of the
heavily wounded were minors. In one case, even a disabled person (infantile
paralysis) was shot by a soldier. Wounds were found only seldom in the area of
the legs. A greater number were found an the upper and middle body.
Based
on x-ray photographs and conversations with the attendant doctors, it was
ascertained that some of the bullets used were designed to explode within the
body.
In
one case where several burns were diagnosed, it was established by a statement
from the victim that Israeli settlers doused the victim with gasoline and then
set fire to him.
In
summation, at the very least, it may be maintained that observance of the above
mentioned human rights provisions was not given in certain cases.
3.
Prohibition Against Torture
Clearly
the violation of this human rights provision could be observed first-hand.
According to testimony by Palestinian attorneys, torture is presently a widely
practiced means of discipline and frequently a component part of the
investigation. As a means of torture, particularly mentioned were:
-electric shocks,
- isolation,
- long lasting light deprivation,
-forced, long-lasting detention in the cold
without appropriate clothing,
-deprivation of the opportunity to relieve
one's self.
4.
Collective Punishments
(Article
50 of the Hague Declaration)
According
to testimony by attorneys, collective punishments are also applied as a means of
terrorizing the civilian population, especially after demonstrations. To the
numerous collective punishments belong:
-closing of business,
-evacuation of residences,
-relocation to inhospitable areas.
By
these means of sanctions, we see that they may effect not only the potential
"law breaker", but others who are not at all involved.
5. Property
(Article
46 of the Hague Declaration, Article 1 of the First
The
violation of this human right is examined in a number of cases.
In
one, strategically favorable hilltops are transferred as property from
Palestinian ownership to the ownership of either Israeli civilians or the
Israeli state. This conflicts with Articles 53 and 55 of the Hague Declaration.
Property violations also result from official procedure as shown by the
destruction of Palestinian houses and their furnishings.
Lastly,
heavy property seizure can also be found where the fees for social works,
workers' health fund, and pension insurance are raised without corresponding
improvements in insurance coverage returns. This can only be evaluated as a
confiscation operation of the wage earnings of the Palestinian workers..
6.
Fair Trial
(Article
6 of the Human Rights Convention)
In
reference to this point we should refer briefly to the historical development.
By Jordanian law there would be a five member body of judges. In the course of
the strike, the Jordanian judges resigned in 1979. Soon afterward, their
positions would be occupied by the Israeli military authority.
A further set-back in the legal development came when the military authorities enacted a large number of military orders. These were only printed in part and were hardly comprehensible.