Since the latest clashes broke out in late September 2000, Human Rights Watch has sent three missions to investigate human rights abuses and international humanitarian law violations. It is our conviction that attempts to resolve the conflict must put the human rights dimension of the conflict front and center. There is a pressing need to address simultaneously human rights and security concerns, for sound security policies must include a healthy respect for international human rights and humanitarian law norms.

Our investigations have uncovered a range of abuses that go to the heart of the conflict. Israeli security forces have been responsible for the most extensive violations, including indiscriminate use of force and arbitrary killings, collective punishment, and settlement-related destruction and confiscation of property. The Palestinian Authority continues to impose and inflict capital punishment following summary and unfair trials, and armed Palestinians have targeted Israeli civilians-despite the manifest illegality of Israeli settlements under international humanitarian law, unarmed settlers, including children, are not legitimate military targets.

Through the staff of the Political Affairs Committee, Human Rights Watch has made available to the Assembly copies of its just-released report, Center of the Storm: A Case Study of Human Rights Abuses in the Hebron District, which is also available on our website at http://www.hrw.org/reports/2001/israel. We attach to this memo the summary of our findings, as well as our recommendations to the government of Israel, the Palestinian Authority, and the international community. We urge members to consider these recommendations as it finalizes its text.

We urge the Assembly to consider amending the draft text where appropriate to ground its findings and observations in terms of international human rights and humanitarian law. In the Summary, for instance, the Assembly might consider pressing the parties to "cease immediately all actions which are in violation of international human rights and international law," rather than the more imprecise "all forms of violence." Similarly, paragraph six of the draft resolution should condemn specific Palestinian abuses and violations, such as targeting civilians, rather than "the current wave of Intifada." In paragraph 12, the text should also state that such settlements are in clear violation of international humanitarian law, including the Fourth Geneva Convention.

In addition, we urge the Assembly, as a matter of priority, to include the following elements in its final resolution and recommendation:

· Encourage the United Nations Security Council to establish a monitoring presence in the West Bank and Gaza Strip to monitor and report publicly on human rights abuses and violations of international humanitarian law by all parties. The Assembly should request the support of European permanent and non-permanent members of the Security Council for such an initiative.

· Welcome and endorse the reports and recommendations of: the Special Commission of Inquiry of the U.N. Commission on Human Rights; the U.N. High Commissioner on Human Rights; and the Special Rapporteur on the Occupied Territories.

· Insist that European governments treat serious and systematic violations of international human rights and humanitarian law as requiring immediate remedy, and ensure that enforcement of human rights and humanitarian law protections are not made subordinate to the outcomes of direct negotiations between the parties to the conflict.

· Urge European governments, as High Contracting Parties to the Geneva Conventions, to take immediate action, individually and jointly, to fulfill their obligation under Common Article 1 to ensure respect for the provisions of the Fourth Geneva Convention relating to the protection of civilians.

· Urge the European Union to develop and make public benchmarks for compliance by the government of Israel and the Palestinian Authority with international human rights and humanitarian law commitments as embodied in Article 2 of the Euro-Mediterranean Association Agreements negotiated by the European Union with each party.

We thank you in advance for your attention to this matter, and we stand ready to respond to your requests for additional information.

Sincerely,

Hanny Megally
Executive Director
Middle East and North Africa division

Lotte Leicht
Director
Human Rights Watch Brussels office