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AL-HAQ PRESS
RELEASE
FOR IMMEDIATE
RELEASE
REF:20.2004E
19 July
2004
Al-Haq and residents of
Hebron
file petition at the Israeli High Court of Justice against Israeli
authorities accountable for inaction towards Israeli settler
violence
In
September 2003, Al-Haq together with 12 petitioners from the
West Bank city of
Hebron,
submitted a petition and motion for injunction against the Israeli
Ministry of Defence and Ministry of Interior Security. The
petitioners argue that Israeli law
enforcement and military authorities permit acts of violence against
the Palestinian residents to continue at will, and have demonstrated
a consistent failure to initiate thorough, impartial and effective
official investigations into allegations of illegal conduct by
Israeli settlers, such as attacks on their person; acts of vandalism
and destruction of their private property. It is scheduled to he
heard by the Israeli High Court of Justice on 2 August
2004.
Many of these
attacks take place under the watch of Israeli security forces who
take no real action on their behalf to protect the petitioners or
put an end to the acts of violence when they occur against them.
Even when complaints are filed, the petitioners argue that they are
consistently dealt with in a negligent manner. This phenomenon,
coupled with the failure to hold those who committed violations of
international law accountable before the law, has perpetuated a
culture of impunity.
Al-Haq believes it is the duty of Israeli
authorities to take effective measures to prevent the commission of
similar acts in the future, and to meet all the requirements of
proper public administration and law enforcement regulations such as
reasonableness, non-discrimination, fairness and effective action.
Other than Al-Haq, the petitioners of
this case are residents
of the old city of
Hebron,
which are H2 areas that are under complete and effective Israeli
control. As an Occupying
Power in the West Bank and Gaza Strip, Israel remains legally bound
by the provisions of the Fourth Geneva Convention Relative to the
Protection of Civilian Persons in Time of War (Fourth Geneva
Convention), to ensure a minimum level of legal protection for its
civilian population, and that public order and the security of the
residents are guaranteed. Under the Fourth Geneva Convention,
Palestinian civilians are protected persons, thereby placing a legal
duty on
Israel
to ensure that their rights under the Convention are upheld. As
such, Palestinians must be afforded humane treatment and respect for
their person in all circumstances, including respect for the honour
of protected persons, and their right to enjoy protection from
slander, insults and humiliating punishments.
In
the past, Al-Haq has repeatedly drawn attention to ongoing human
rights violations that have either been committed or condoned by
Israeli occupying forces against Palestinian civilians in
Hebron.
The systematic nature of these violations was recently confirmed by
a photo exhibit entitled “Breaking the Silence”, which opened this
month in Tel Aviv and includes photographs taken by Israeli soldiers
during their military service in the city.
The
exhibit depicts some of daily acts of harassment, ill-treatment and
other forms of violence against Palestinians by Israeli soldiers and
settlers. On 22
June 2004 it was raided by Israeli military
police that confiscated various exhibit materials, including a
video-tape of statements made by 70 soldiers about their experience.
As organizers of the exhibit noted, Israeli military authorities
were clearly “trying to frighten us and other soldiers who have
expressed readiness to take part in the project”.
In
Al-Haq’s view, it also confirms a clear intention on behalf of
Israeli authorities to discourage accountability for human rights
violations in contravention of their obligations under international
law. This reiterates the importance of the petition as a means to
challenge the prevalent culture of impunity enjoyed by Israeli
settlers, soldiers and law enforcement officials alike.
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