Israeli Abuses in the OPT during the Second Intifada
In March and April 2002, the Israeli army conducted a series of military attacks in the OPT, targeting Palestinian cities, towns, villages, and refugee camps in the West Bank referred to as "Operation Defensive Shield." These attacks, which were part of Israel's military crackdown in response to the Second Intifada, displayed a pattern of serious human rights violations, which continue to be committed by the Israeli army against Palestinians living throughout the Occupied Palestinian Territory.
In response, Adalah filed six petitions to the Supreme Court of Israel. These petitions call attention to these violations, and demand that Israel respect the rights of Palestinians in the OPT, and end all practices which violate human rights and international law. The petitions were submitted by Adalah 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.
Go to:
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Targeting of the Civilian Population in the West Bank by the Israeli Army
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Inhumane Treatment of Palestinian Detainees at Ansar III Detention Center
Denial of Medical Treatment for the 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; and H.C. 2936/02, Physicians for Human Rights-Israel v. Commander of the Israeli Army in the West Bank, decision delivered 8 April 2002
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.”
English Summary - Petition in English (.doc download) - Petition in Hebrew (.doc download)
State Response - English (.doc) - State Response - Add. 1 (.doc) Add. 2 (.doc)
Supreme Court Decision - English (.doc) - Supreme Court Decision - Hebrew (.pdf)
Press Releases:
Supreme Court Dismissed Petition on Wounded and Killed Palestinians in Jenin and Nablus - 9 April 2002
Supreme Court Hears Case On Palestinians Wounded and Killed in Jenin and Nablus - 8 April 2002
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، decision delivered 9 April 2002
This petition was filed with LAW in 4/02 against the Commander of the Israeli Army in the West Bank. The petition argued that the army is demolishing homes in the Jenin refugee camp using bulldozers, shells fired from tanks, and missiles launched from helicopter gun ships, failing to give Palestinian residents any prior notice, the right to be heard, or any time to escape from their homes prior to the demolitions, resulting in the loss of life and injury. These actions resulted in loss of life and injury to Palestinian civilians, some of who were buried under the rubble of their homes. The army has a duty to respect the residents’ rights to life, well-being and human dignity, and is prohibited from destroying civilian infrastructure and property in the camp. The state argued that the army “is making every effort to avoid hurting innocents,” and that before demolishing homes, the army broadcast warnings to residents. State admitted that in some cases, bulldozers began demolishing houses even before the residents had left. Petition dismissed 4/02, with the Court accepting the state’s claims.
English Summary - Petition in English (.doc) - Petition in Hebrew (.doc)
State Response - English (.doc)
Supreme Court Decision - English (.doc) - Supreme Court Decision - Hebrew (.doc)
Press Releases
Supreme Court Rejects Petition Calling on Israeli Army to Stop Demolishing Homes in the Jenin Refugee Camp - 9 April 2002
Supreme Court Hearing on Massive Home Demolition in Jenin Refugee Camp - 8 April 2002
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.
This petition was filed jointly with LAW and ACRI in 4/02 against the Commander of the Israeli Army in the West Bank and the Chief of Staff of the Israeli Army. The petition argued that the army has attacked numerous civilian targets throughout the West Bank, including houses, schools, roads, hospitals, churches, and mosques, as confirmed by media reports, eyewitness testimonies, and the army itself. It also argued that the assault on the civilian population, infrastructure and property and against the lives and bodies of civilians is unreasonable and disproportionate, and was carried out with excessive force. The petitioners sought an immediate end to the shelling and striking of civilians and civilian targets, as the army is prohibited from indiscriminately attacking against civilian targets. The Supreme Court accepted the army’s response that it was making every effort to prevent and minimize harm to civilians. The petition was dismissed in 4/02.
English Summary - Petition in English (.doc) - Petition in Hebrew (.doc)
State Response - English (.doc)
Supreme Court Decision - English (.doc) - Supreme Court Decision - Hebrew (.doc)
Press
Petition to the Supreme Court Against the Israeli Army: Stop the Killing of the Civilian Population in the West Bank - 9 April 2002
Joseph Algazy and Moshe Reinfeld, "Jenin - a thicket of human rights questions," Ha'aretz, 15 April 2002
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; joined for decision by the Court with H.C. 3114/02, Mohammed Barakeh, Member of Knesset (MK) v. Minister of Defense, Benjamin Ben-Eliezer, et. al. and H.C. 3115/02, Ahmed Tibi, MK v. Prime Minister Ariel Sharon et. al., decision delivered 14 April 2002
Organizations to Enter the Jenin Refugee Camp. The petition was filed with LAW in 4/02 against the Commander of the Israeli Army in the West Bank. Based on media reports, it appeared that the army was collecting dead bodies on the outskirts of the Jenin refugee camp with the intention of burying them in mass, anonymous or numbered graves. The army refused to allow the International Committee of the Red Cross (ICRC), the Palestine Red Crescent Society, or any other humanitarian agency to enter the camp for over nine days. The army's refusal to allow families to rapidly and respectfully bury their dead according to religious customs infringes on the rights of the deceased and their families, is disproportionate, and is an arbitrary act of revenge. The army’s actions violate previous commitments made before the Court to avoid severe violations of international humanitarian law, and thus, as the army is in control of the Jenin camp, the army is in contempt of court. Supreme Court granted petitioners’ motion for injunction to stop any burials. The Supreme Court fixed responsibility on the army, accompanied by the ICRC, for identifying and documenting the bodies, and giving them to family members for burial as quickly as possible. The state admitted that the army began evacuating bodies without immediately contacting relevant Palestinian organizations. The petition was dismissed in 4/02.
English Summary - Petition in English (.doc) - Petition in Hebrew (.doc)
State Response - English (.doc)
Supreme Court Decision - English (.doc) - Supreme Court Decision - Hebrew (.pdf)
Press Releases
Adalah and LAW Call on Supreme Court to Establish Procedures for the Removal of Palestinian Bodies from Jenin Refugee Camp - 15 April 2002
Supreme Court Orders that Humanitarian Agencies be Allowed to Locate and Identify Palestinian Bodies from Jenin Refugee Camp - 14 April 2002
Supreme Court to Hear Petitions on Removal of Dead Bodies of Palestinian Fighters and Civilians from Jenin Refugee Camp - 13 April 2002
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
Press
Tanya Reinhart, "Jenin - The Propaganda Battle," 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
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.
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.
See Special Report: Human Shields
Inhumane Treatment of Palestinian Detainees at Ansar III Detention Center
H.C. 5591/02, Adalah et. al. v. Yuni Ben David, Military Commander of Ansar III et. al.
The petition was filed in 6/02 on behalf of seven Palestinian detainees and ten Palestinian and Israeli human rights organizations challenging the inhumane detention conditions of approximately 500 Palestinian detainees held at Ansar III Detention Center. Petitioners demanded that the Supreme Court intervene and order the Military Commander of Ansar III and the Minister of Defense to improve the conditions in the facility. Conditions in Ansar III failed to meet even minimum standards for detention under both Israeli and international law.
The ten named NGO petitioners are: Adalah, LAW, HaMoked, B'Tselem, Addameer, Al Haq, Women’s Center for Legal Aid and Counseling, Nadi el-Asseer, PCATI, and PHR-I. Detainees are held in tents open on all four sides, affording them no protection from the elements; they are not given proper beds; they are not provided with sufficient amounts of cold water and hot food; and they are denied sufficient supplies and facilities to maintain basic hygiene. The state responded to the petition in 9/02 claiming that it should be dismissed on the grounds that the conditions at the detention center were not unreasonable, and in fact, were similar to that of soldiers; and that while some improvements could be made, the matter was one of resources.
Result: The petition was dismissed in 12/02. The Supreme Court requested that the army improve certain conditions at Ansar III. At this time, the number of Palestinian detainees held at the facility had increased to 1,050. The Court noted that many of the individuals held at Ansar III are administrative detainees, and as such, should be held under conditions no worse than those afforded to other prisoners. The Court found that while initially the conditions at Ansar III were sub-standard, they had since been upgraded to meet or exceed these requirements. The Court also suggested that: (i) an administrative body should be established to deal with the detainees’ day-to-day problems (e.g., food, clothes, etc.); and/or (ii) responsibility for the facility should be transferred from the army to the Prison Authority, which is more experienced in balancing questions of security and prisoners’ needs.
Summary of Supreme Court Decision - English (.rtf)
Press Releases
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
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
Related 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)
Related Reports
Amnesty International, "Shielded from scrutiny: IDF violations in Jenin and Nablus," 4 November 2002
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
