Jenin, May 3,
2002
Evidence
suggests that the Israel Defense Forces (IDF) committed war crimes
in the military operation in the Jenin refugee camp, Human Rights
Watch charged in a
report issued today after a week-long investigation. Human
Rights Watch did not find evidence to support claims that the IDF
massacred hundreds of Palestinians in the camp.
In its forty-eight page report, "Israel, the Occupied
West Bank and Gaza Strip, and the Palestinian Authority Territories:
Jenin: IDF Military Operations," Human Rights Watch identified
fifty-two Palestinians who were killed during the operation, of whom
twenty-two were civilians. Many of the civilians were killed
willfully or unlawfully. Human Rights Watch also found that the IDF
used Palestinian civilians as "human shields" and used
indiscriminate and excessive force during the operation.
"The abuses we documented in Jenin are extremely serious, and in
some cases appear to be war crimes," said Peter Bouckaert, senior
researcher at Human Rights Watch and a member of the investigative
team. "Criminal investigations are needed to ascertain individual
responsibility for the most serious violations. Such investigations
are first and foremost the duty of the Israeli government, but the
international community needs to ensure that meaningful
accountability occurs."
A Human Rights Watch team of three experienced investigators
spent seven days in the Jenin refugee camp, gathering detailed
accounts from victims and witnesses and carefully corroborating and
independently crosschecking their accounts with those of others to
reconstruct a detailed picture of events in the camp in April 2002.
The IDF has not agreed to Human Rights Watch's repeated requests for
information regarding its military incursions into the West Bank and
Gaza.
Bouckaert, who headed up earlier Human Rights Watch
investigations into wartime abuses in
Chechnya, Kosovo, and
Afghanistan,
said that the Jenin events clearly warrant further investigation. He
noted that the hallmark of a professional army is to take seriously
the need to establish accountability for serious violations of the
laws of war.
"There have been widely divergent accounts of what happened in
Jenin. A U.N. fact-finding mission could contribute significantly to
the search for the truth in Jenin," Bouckaert said. "Israel should
cooperate fully with whatever new U.N. fact-finding mission might be
established, and there should be no immunity for persons implicated
in the most serious violations of the laws of war."
On April 3, 2002, the IDF launched a major military operation in
the Jenin refugee camp, home to some fourteen thousand Palestinian
refugees. An estimated eighty to one hundred armed Palestinians took
part in the fighting. Israel claims the camp had been the launching
ground for many of the suicide bombings that have killed and maimed
over one hundred Israeli civilians in recent months. Human Rights
Watch has repeatedly condemned this deliberate
killing of civilians. Palestinian armed militants had also
planted many explosive devices in the camp prior to and during the
IDF incursion.
Among the twenty-two civilian deaths documented during this
investigation were the following:
 | Fifty-seven-year-old Kamal Zghair, a wheelchair-bound man who
was shot and then run over by IDF tanks on April 10 as he was
moving in his wheelchair equipped with a white flag down a major
road in Jenin;
 | Thirty-seven-year-old Jamal Fayid, a paralyzed man, who was
crushed in the rubble of his home on April 7 after IDF soldiers
refused to allow his family the time to remove him from their home
before a bulldozer destroyed it;
 | Fourteen-year-old Faris Zaiben, who was killed by fire from an
IDF armored car as he went to buy groceries when the IDF-imposed
curfew was finally lifted on April 11; and
 | Fifty-two-year-old 'Afaf Disuqi, who was killed on April 5 by
an explosive charge that IDF soldiers had placed at her front door
as she went to open it for the soldiers; | | | |
In one case involving a wounded Palestinian militant, IDF
soldiers for several hours prevented medical help from reaching him.
The soldiers then killed the man, who had been left close to a
hospital near the camp and was no longer armed or taking active part
in the fighting.
Human Rights Watch also found evidence of indiscriminate and
disproportionate use of force by the IDF. U.S.-supplied helicopters
fired anti-tank missiles and other ordinance into the camp, in some
cases making insufficient efforts to identify legitimate military
targets and avoid hitting civilian houses. The helicopters struck
many houses in Jenin refugee camp that were inhabited only by
civilians, and where no Palestinian fighters were present. In one of
many such cases, a tank shell and two helicopter-fired TOW anti-tank
missiles hit the house of Kamal Tawalba, a father of fourteen
children, on April 6. No fighters were present in the home. When
Tawalba and his family tried to leave their burning home, IDF
soldiers in the vicinity shot at them.
In another case, a sixty-year-old woman was killed when a
helicopter fired a missile directly into her top-floor apartment
although there were no armed Palestinians in the building or the
immediate vicinity.
The IDF's campaign caused extensive and disproportionate
destruction of the civilian infrastructure of the camp, particularly
in the Hawashin district following an April 9 ambush of Israeli
soldiers there. In contrast to other parts of the camp where armored
bulldozers were used mainly to widen streets, in Hawashin they razed
the entire district. Throughout the camp, at least 140 buildings
were completely leveled, many of them multi-family dwellings, and
more than 200 others were severely damaged, leaving an estimated
4,000 people, more than a quarter of the population, homeless. More
than one hundred of those buildings were in Hawashin district.
The extensive, systematic, and deliberate leveling of the entire
district was clearly disproportionate to any military objective that
Israel aimed to achieve. Establishing whether this devastation so
exceeded military necessity as to constitute wanton destruction-a
war crime-should be one of the highest priorities for any future
U.N. fact-finding team, said Bouckaert.
Human Rights Watch also documented
cases in which Israeli troops used Palestinian civilians as human
shields, a practice prohibited under international humanitarian law.
In one case, IDF soldiers forced eight civilians to shield them by
making them stand on a balcony while the soldiers fired at
Palestinian gunmen. Kamal Tawalba and his fourteen-year-old son were
among them. Tawalba described how the soldiers kept them for three
hours in the line of fire, and used his and his son's shoulders to
rest their rifles as they fired.
"Even accepting the Israeli charge that Palestinian groups who
used the refugee camp as a base were responsible for attacking
Israeli civilians," said Bouckaert, "this does not excuse the IDF
violations documented in this report." Bouckaert added that Human
Rights Watch found no evidence that Palestinian gunmen forced
civilians to serve as human shields during the battles in the camp,
and no indication that Palestinian gunmen had prevented Palestinian
civilians from leaving the camp.
"As in our prior investigations of IDF operations, we also found
numerous cases where the IDF coerced Palestinian civilians to take
part in military operations," Bouckaert said. "Palestinian civilians
were forced, sometimes at gunpoint, to accompany IDF troops during
their searches of homes and to carry out some of the most dangerous
tasks during these searches."
During most of "Operation Defensive Shield," the IDF blocked
emergency medical access to Jenin camp. Soldiers repeatedly fired on
Red Crescent ambulances, and in one case shot to death a uniformed
nurse, twenty-seven-year-old Farwa Jammal, who had come to the
assistance of a wounded man. In another case, fifty-eight-year-old
Mariam Wishahi died in her home thirty-six hours after she was
injured by shrapnel; IDF soldiers repeatedly prevented ambulances
from reaching her home, located just a few hundred meters from
Jenin's main hospital.
During the period the IDF had control of the camp, the Israeli
authorities had responsibility under international humanitarian law
for the welfare of the civilian population. Yet Israeli authorities
denied humanitarian organizations access to the camp during their
offensive, and continued to prevent humanitarian access to the
refugee camp for days after military operations had ceased, despite
great need.
Human Rights Watch has investigated and reported on violations of
international humanitarian law by governments and armed groups in
conflict situations around the globe, including most recently in
Kosovo, Bosnia, Chechnya, eastern Congo, Indonesia, Afghanistan, and
Colombia.
Human Rights Watch is preparing a separate report
on those responsible for suicide bombings directed against Israeli
civilians. |