Denial of Medical Treatment for the Sick and Wounded, Access of Medical Personnel and the Right to Burial of the Dead.

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."

News updates:

8 April 2012: Adalah files petition
9 April 2012: Supreme Court dismisses petition

Related Documents:

Detailed Case Summary
Petition (English, Hebrew)
State's Responses (English - 1, 2, 3)
Supreme Court Decision (English, Hebrew)

H.C. 2941/02, Badia Ra'ik Suabta and LAW v. Commander of the Israeli Army in the West Bank
H.C. 2936/02, Physicians for Human Rights-Israel v. Commander of the Israeli Army in the West Bank