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To the
Government of Israel
- Cease all
property destruction that is not absolutely necessary to the conduct of
hostilities, including all punitive (deterrent) destruction. Prohibit
attacks against property on the basis of mere suspicion or hypothetical
risk rather than absolute military necessity.
- Repudiate
plans to widen the border (Philadelphi) buffer zone, including in the
event of disengagement from the Gaza Strip.
- Allow
general return of residents to demolished areas, including in de facto
buffer zones. Ensure that any restrictions on return are proportionate in
impact and duration, regularly re-evaluated and implemented only when and
to the extent necessary, open to challenge before an impartial court, and
accompanied by provisions for adequate housing.
- Ensure
that any use of armed force, especially along the Rafah border or around
other Israeli bases, is proportionate and discriminate. Ensure that open
fire regulations issued to members of the Israel Defense Force in border
fortifications comply with the U.N. Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials and the U.N. Code of Conduct for
Law Enforcement Officials.
- Investigate
and hold accountable all members of the IDF and their superiors found to
have destroyed, or tolerated the destructions of, homes or property in
violation of international humanitarian law.
- Pay
reparations and full compensation to owners of unlawfully demolished
homes. If funds for repairing unlawful damage caused by the IDF are
allocated by international donors, compensate donors directly.
- Ensure
that any control of property for security reasons is fully consistent with
both international human rights standards and international humanitarian
law. Control of property should be used only when and to the extent
necessary, should not amount to confiscation, and should be open to
challenge before an impartial court.
- Maintain
accurate statistics on property damaged, make that information publicly
accessible in a timely fashion, and require that such reporting be part of
the operational debrief following any military operation. Such record
keeping should also include the precise justification for the demolition,
whether it was conducted in the course of combat activities, and the
specific incidents that led to that demolition or property destruction.
- Repeal the
2002 amendment to the Torts (State Liability) Law to allow individuals
whose property has been wrongfully damaged in IDF operations to claim
compensation.
- Cease
immediately the practice of using lethal force to enforce mass house
arrest or curfew.
- Cease
immediately the practice of indiscriminately destroying roads, as well as
associated destruction of infrastructure.
- Cease
immediately the coerced use of civilians to assist IDF military
operations.
- To the
maximum extent feasible, avoid locating military objectives within or near
densely populated areas. Take all necessary precautions to protect the
civilian population, individual civilians and civilian objects under IDF
control against the dangers resulting from military operations.
- Allow
immediate access to, and cooperate fully with, the human rights special
mechanisms of the United Nations as well as other independent
international investigators, to investigate allegations of human rights
violations since the beginning of the uprising on September 29, 2000.
- Explain
why the IDF is not using less destructive methods of neutralizing tunnels.
To the
Palestinian National Authority
- Instruct
the law enforcement agencies of the PNA to take all possible steps, in
accordance with internationally accepted human rights norms, to identify
and bring to justice anyone who incites, plans, assists, or attempts to
carry out attacks against civilians.
- Take all
possible steps to restrict the flow of arms used in attacks against
civilians.
- Discourage
Palestinian armed groups from launching attacks from civilian areas.
- Map
accurately and comprehensively the exact location, nature, and value of
properties and agricultural land destroyed by the IDF.
To
Palestinian armed groups in Rafah
- Cease
deliberate attacks against civilians and civilian targets.
- Cease use
of inherently indiscriminate weapons. These include rockets that cannot
be aimed and victim-activated explosive devices such as booby-traps.
- To the
maximum extent feasible, avoid launching attacks from areas populated by
civilians or locating military objectives within or near densely populated
areas. Take all necessary precautions to protect the civilian population
control against the dangers resulting from armed activities.
To the
International Community
- Demand
that the Government of Israel and the PNA implement the above
recommendations.
- Insist
that Israel continue to abide by its responsibilities as an Occupying
Power under international humanitarian law if the partial redeployment
envisioned by the disengagement plan is implemented.
- Monitor
carefully damage to donor-funded property, projects, or infrastructure in Gaza, and ensure that compensation is paid by Israeli authorities for losses or damage
caused in contravention of international law.
- Insist
that Israel compensate donor governments for funds spent on repairing
unlawful destruction by the IDF.
- Fully
support programs aimed at ensuring the right to adequate housing of
displaced Palestinians.
- Support
the return of Palestinians displaced by unlawful demolitions.
- High
Contracting Parties to the Geneva Conventions of 1949 should take
immediate action, individually and jointly, to ensure respect for the
provisions of the Fourth Geneva Convention, including prohibitions on
unlawful destruction and collective punishment.
- Provide
technical and material support to strengthen the investigative capacity of
the PNAs law enforcement agencies including, if necessary and
appropriate, through the temporary secondment of suitably qualified police
investigators to work alongside Palestinian officers and to assist them in
pursuing and bringing to justice those responsible for attacks against
civilians.
To the
Government of the United States
- Demand
that the Government of Israel and the PNA take immediate steps to
implement the above recommendations in both private and public
communications.
- Restrict
Israels use of Caterpillar D9 armored bulldozers, Apache and Cobra
helicopter gunships, and other U.S.-origin weapons systems that are used
in the commission of systematic violations of international human rights
and humanitarian law.
- Inform the
Government of Israel that continued U.S. military assistance requires that
the government take clear and measurable steps to halt its security
forces serious and systematic violations of international human rights
and humanitarian law in the West Bank and Gaza Strip, as documented in
this and previous Human Rights Watch reports.28 These
steps should include conducting transparent and impartial investigations
into allegations of serious and systematic violations, making the results
public, and holding accountable persons found responsible.
- Inform the
PNA that any security assistance from the U.S. requires clear and
measurable steps to halt within its power to halt serious and systematic
violations of international human rights and humanitarian law in the West Bank and Gaza Strip by its security forces and by Palestinian armed groups, as
documented in previous Human Rights Watch reports.29
- 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. Agreements should be consistent with fundamental human
rights and humanitarian norms.
To the
Member States of the European Union
- Demand
that the Government of Israel and the PNA take immediate steps to
implement the above recommendations in both private and public
communications.
- Consistent
with the August 11 declaration of European Commissioner for Development
and Humanitarian Aid Poul Nielson, make clear to Israel that emergency
funds for reconstruction in the OPT do not absolve Israel of its
responsibilities as an Occupying Power under international humanitarian
law.
- Develop
and make public benchmarks for compliance by the government of Israel with international human rights and international law commitments as embedded in Article 2 of
the Euro-Mediterranean Association Agreement between the E.U. and its
member states and Israel.
- Implement
the European Code of Conduct on Arms Exports and restrict transfer to Israel of weapons found to be used in the commission of serious and systematic violations of
international human rights and humanitarian law in the West Bank and Gaza
Strip.
- Inform the
PNA that any security assistance from the E.U. requires clear and
measurable steps to halt within its power to halt serious and systematic
violations of international human rights and humanitarian law in the West Bank and Gaza Strip by its security forces and by Palestinian armed groups, as
documented in previous Human Rights Watch reports.
- 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.
To
Caterpillar Inc.
- Suspend
sales of D9 bulldozers, parts, or maintenance services to the IDF pending
the implementation of the above recommendations.
- Seek to
ensure that Caterpillars goods and services will not be used to abuse
human rights, in accordance with the U.N. Norms on the Responsibilities of
Transnational Corporations and Other Business Enterprises with Regard to
Human Rights.
[28] See, inter
alia, Israel's separation barrier in the occupied West Bank: Human
Rights and International Humanitarian Law consequences (Human Rights Watch,
February 2004), Jenin: IDF Military Operations (Human Rights Watch, May
2002), In a Dark Hour: The Use of Civilians During IDF Arrest Operations
(Human Rights Watch, April 2002), Center of the Storm: A Case Study of Human
Rights Abuses in Hebron District (Human Rights Watch, April 2001).
[29] See, inter
alia, Erased in a Moment: Suicide Bombing Attacks Against Israeli
Civilians (Human Rights Watch, October 2002) and Justice Undermined:
Balancing Security and Human Rights in the Palestinian Justice System
(Human Rights Watch, November 2001).
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