Jenin

IDF Military Operations

[1] The dates, locations, and casualties in this period are as follows, according to an April 12 BBC listing: March 2: Jerusalem, nine killed and fifty-seven injured; March 5: Afula, one killed and several injured; March 9: Jerusalem, eleven killed and fifty injured; March 20, near Umm al-Fahm: seven killed; March 21: Jerusalem, two killed and twenty injured; March 26: Jerusalem, three injured; March 27: Netanya, twenty-eight killed; March 29: Jerusalem, two killed; March 30: Tel Aviv, thirty injured; March 31: Haifa, fourteen killed; March 31: Efrat, four injured; April 1: one injured.

[2] Protocol I Additional to the Geneva Conventions (hereinafter Protocol I), Art. 48.

[3] Protocol I, Art. 52(2).

[4] See Dieter Fleck (ed.), The Handbook of Humanitarian Law in Armed Conflict (Oxford: Oxford University Press, 1995), p. 120 ("The general prohibition against indiscriminate warfare applies independently of Arts. 48 and 51 [of Protocol I].  The relevant provisions of the Additional Protocols merely codify pre-existing customary law, because the principle of distinction belongs to the oldest fundamental maxims of established customary rules of humanitarian law.  It is also virtually impossible to distinguish between international and noninternational armed conflicts in this respect….").

[5] Protocol I, Art. 51(4).

[6] Protocol I, Art. 51(5).

[7] Protocol I, Art. 51(6).

[8] Protocol I, Art. 57.

[9] ICRC, Commentary to the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977, pp. 681-82

[10] Protocol I, Art 51(5)(b).

[11] ICRC, Commentary on Protocol I, p. 684.

[12] Ibid., p. 684.

[13] Ibid ., p. 393.

[14] Ibid., paragraph 1396.

[15] Ibid., p. 396.

[16] Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949 (hereinafter Geneva Convention IV), Art. 53.

[17] ICRC, Commentary to Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, Art. 53.

[18] Geneva Convention IV, Art. 147.

[19] Ibid.

[20] Human Rights Watch interview with Hala' Muhammad Abu Rumaila, aged thirty-one, Jenin, April 21, 2002.

[21] Human Rights Watch interview with Rufaida Jammal, aged thirty-five, Jenin, April 22, 2002.

[22] A site visit by Human Rights Watch established that the IDF soldiers were located about one hundred meters from the two sisters at the time of the shooting.

[23] Human Rights Watch interview with Rufaida Jammal, aged thirty-five, Jenin, April 22, 2002.

[24] Human Rights Watch interview with Taysir Mahmud Damaj, aged forty, Jenin, April 21, 2002.

[25] Human Rights Watch interview with Rufaida Jammal, aged thirty-five, Jenin, April 22, 2002.

[26] Ibid.

[27] Human Rights Watch interview with Fadil Musharaka, aged forty-two, Jenin, April 21, 2002.

[28] Human Rights Watch interview with Alia Zubeidi, aged fifty-eight, Jenin, April 22, 2002.

[29] Ibid.

[30] Human Rights Watch interview with Raja Mustafa Ahmad Tawafshi, aged seventy-two, April 22, 2002.

[31] Ibid.

[32] Ibid

[33] Human Rights Watch interview, Hisham 'Issa Isma'il Samara, April 22, 2002.

[34] Ibid.

[35] Ibid.

[36] Human Rights Watch interview, Dr. Mahmud Mahmud Abu Aleih, internist at al-Razi hospital, April 21, 2002.

[37] Human Rights Watch interview, Hisham 'Issa Isma'il Samara, April 22, 2002.

[38] Human Rights Watch interview, Samar Qasrawi, April 29, 2002.

[39] Human Rights Watch interview with Hala' Muhammad Abu Rumaila, aged thirty-one, Jenin, April 21, 2002.

[40] Ibid.

[41] Human Rights Watch interview with Mahmud Abd al-Nasr Gharaib Abu Hattab, aged sixty-two, Jenin, April 21, 2002.

[42] Ibid.

[43] Human Rights Watch interview with Mahmud Abd al-Nasser Abu Hattab, aged eight, Jenin, April 21, 2002.

[44] Human Rights Watch interview with Ahman Yusef Ibrahim Ghelane, aged thirty-seven, Jenin, April 19, 2002.

[45] Human Rights Watch interview with Asmahan Mahmud Abu Murad, aged twenty-nine, Jenin, April 19, 2002.

[46] Human Rights Watch interview with Aisha 'Ali Disuqi, aged thirty-seven, Jenin, April 19, 2002.

[47] Human Rights Watch interview with Asmahan Mahmud Abu Murad, aged twenty-nine, Jenin, April 19, 2002.

[48] Human Rights Watch interview with Aisha 'Ali Disuqi, aged thirty-seven, Jenin, April 19, 2002.

[49] Human Rights Watch interview with Fati 'Abd Allah Shalabi, aged sixty-three, Jenin, April 20, 2002.

[50] Human Rights Watch interview with Fathiya Yusuf Sa'adi, aged thirty, Jenin, April 20, 2002.

[51] Ibid.

[52] Human Rights Watch interview with Issa Wishahi, aged sixty, Jenin, April 19, 2002.

[53] Human Rights Watch interview with Abdul-Karim Ahmad Mohmad Khorj, aged thirty-one, Jenin, April 27, 2002.

[54] Ibid.  Although another relative, Nidal Ahmad Muhammad Abu Khurj, gave a different date for his aunt's death, the detail was consistent in other aspects.  The date of April 6 matches accounts of the incident by others in the neighborhood and is consistent with the pattern of events at the time.

[55] Human Rights Watch interview with Hattam Mutahin, aged forty-two, Jenin, April 22, 2002.

[56] Ibid.

[57] Human Rights Watch interview, Fathiya Muhammad Suliman, April 20, 2002, and Human Rights Watch interview, Bassima Mahmud Rashid Fayid, April 20, 2002.

[58] Human Rights Watch interview, Bassima Mahmud Rashid Fayid, April 20, 2002.

[59] Ibid.

[60] Human Rights Watch interview, Fathiya Muhammad Suliman, April 20, 2002.

[61] Human Rights Watch interview, Nadia Ahmad al-Ghazawi, aged thirty, April 21, 2002.

[62] Human Rights Watch interview, Ibrahim Z., aged sixteen, April 21, 2002.  Human Rights Watch has a policy of not revealing the names of witnesses under the age of eighteen.   Names and details are held on file at Human Rights Watch. Requests to cite details should be addressed to the Human Rights Watch New York office.

[63] Human Rights Watch interview, Ibrahim Z., aged sixteen, April 21, 2002

[64] Ibid.

[65] Ibid.

[66] Human Rights Watch interview, Dr. 'Ali Jabali, Vice-President of al-Razi Hospital, April 22, 2002.

[67] Human Rights Watch interview, Hassan Abu Na'il Salim Muqasqas, aged twenty-four, April 22, 2002.

[68] Ibid.

[69] Human Rights Watch interview, Mahmud Hussein Qassim Talib, aged fifty-seven, April 28, 2002.

[70] Human Rights Watch interview, Hassan Abu Na'il Salim Muqasqas, aged twenty-four, April 22, 2002.

[71] Human Rights Watch interview with Samia Muhammad M'asud Abu al-Saba'a, aged forty-three, Jenin, April 20, 2002.

[72] Ibid.

[73] Ibid.

[74] Human Rights Watch interview with Qassim Nayif Qassim 'Abd al-Jabr, aged fifty-seven, Jenin, April 20, 2002.

[75] Human Rights Watch interview with Muhammad Abd al-Rahman Shalabi, aged twenty, Jenin, April 20, 2002.

[76] Human Rights Watch interview with Qassim Nayif Qassim 'Abd al-Jabr, aged fifty-seven, Jenin, April 20, 2002.

[77] Human Rights Watch interview with Rina Muhammad Jamil Hassan, aged fifteen, Jenin, April 20, 2002.

[78] Human Rights Watch interview with Durar Muhammad Salah Hussein, aged fifty, Jenin, April 20, 2002.

[79] Human Rights Watch researchers visited the scene of the incident, and measured the distance between the tank and where Faris Zaiban had been standing when he was shot as between seventy-five and eighty meters.

[80] Human Rights Watch interview with Yusuf A., aged eight, Jenin, April 20, 2002.

[81] Commentary, p.

[82] Human Rights Watch interview with Imad Ahmad Muhammad Gharaib, aged thirty-four, Jenin, April 27, 2002.

[83] Ibid.

[84] Human Rights Watch interview with Kamal Muhammad Hussein Tawalba, aged forty-three, Jenin, April 27, 2002.

[85] Ibid.

[86] Human Rights Watch interview with Faisal Mustafa Hussein Abu Sariya, aged forty-two, Jenin, April 28, 2002.

[87] Ibid.

[88] Ibid.

[89] Ibid.

[90] Human Rights Watch interview with Aziz Muhammad Hussein Taha, aged twenty-six, Jenin, April 26, 2002.

[91] Ibid.

[92] Human Rights Watch interview with Lutfiya Muhammad Hussein Abu Zeid, aged sixty-five, Jenin, April 27, 2002.

[93] Human Rights Watch interview, Muhammad Mustafa Muhammad Qataish, aged twenty-four, April 27, 2002.

[94] Human Rights Watch interview, name withheld, April 27, 2002.

[95] Serge Schemann and Joel Greenberg, "Israelis Say Arab Dead in Jenin Number in Dozens, Not Hundreds," New York Times, April 15, 2002.

[96] Human Rights Watch, "In A Dark Hour: The Use of Civilians During IDF Arrest Operations," A Human Rights Watch Short Report, vol. 14, no. 2 (E), April 2002.

[97] Palestinian civilian inhabitants of the occupied West Bank and Gaza Strip are "protected persons" under Geneva Convention IV.  Article 27 of Geneva Convention IV provides:

[p]rotected persons are entitled, in all circumstances, to respect for their persons, their honor, their family rights, their religious convictions and practices, and their manners and customs.  They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.

For a more extensive discussion of IHL and the use of civilians during military operations, see Human Rights Watch, "In a Dark Hour."

[98] Human Rights Watch interview with Ibrahim Yaqub Ibrahim Farhat Abu Ra'ib, aged fifty-one, April 27, 2002.

[99] Human Rights Watch interview with Kamal Hussein 'Ali Abu Salim, aged fifty-five, Jenin, April 27, 2002.

[100] Human Rights Watch interview with Tariq Fayid, Jenin, April 28, 2002.

[101] Ibid.

[102] Human Rights Watch interview with Raja Mustafa Ahmad Tawafshi, aged seventy-two, April 22, 2002.

[103] Ibid.

[104] Human Rights Watch interview with Sa'id Abu 'Anas, Jenin, April 19, 2002.

[105] Human Rights Watch interview with Asmahan Mahmud Abu Murad, aged twenty-nine, Jenin, April 19, 2002.

[106] Ibid.

[107] Ibid.

[108] Celean Jacobson, "Human Rights Group Says Israel Is Forcing Civilians to Carry Out Dangerous Tasks," Associated Press, April 18, 2002.

[109] Quoted in Chris McGreal and Brian Whittaker, "Israel Accused Over Jenin Assault," The Guardian April 23 2002. 

[110] Geneva Convention IV, Art. 55 and Art. 59.

[111]  Human Rights Watch interview, Ibrahim Dababna, director of PRCS Jenin, April 20, 2002.

[112] Hospitals operated with those staff members present at the time the incursion began.  As a result of an IDF missile strike on a PRCS ambulance on March 4 that killed the ambulance director and seriously injured three staff members, the PRCS was operating with nine out of thirteen staff members.  The IDF later apologized for the incident.

[113] Human Rights Watch interview, Jihad Muhammad Yassin Hassan, April 19, 2002.

[114] Ibid.

[115] Human Rights Watch interview with Issa Wishahi, aged sixty, Jenin, April 19, 2002.

[116] Human Rights Watch interview with Qassim Nayif Qassim 'Abd al-Jabr, aged fifty-seven, Jenin, April 20, 2002.

[117]  PRCS Jenin Director Ibrahim Dababna also told Human Rights Watch of an incident in which the IDF arrested an entire ambulance crew, consisting of two drivers, one nurse, and one volunteer. The soldiers ordered them to strip, bound their hands, and transferred them to Salem military base for questioning. All  four were released in the village of Zabooba, twelve hours later.  Some twenty PRCS personnel in the West Bank were arrested while performing their duties during Operation Defensive Shield.

[118] Human Rights Watch, Center of the Storm: A Case Study of Abuses in the Hebron District, May 2001, p. 327.

[119] Four staff members of the Palestinian Red Crescent Society were killed during this period, and ten were injured.  See Human Rights Watch, "Israel: Cease Attacking Medical Personnel," press release, March 9, 2002.  Israeli authorities had made and retracted several allegations that ambulances operated by the Palestinian Red Crescent Society (PRCS) were used to smuggle weapons.  On March 27, the IDF reported that a PRCS ambulance was apprehended in the Jerusalem area carrying an explosive belt with eight to ten kilograms of explosives.

[120] Human Rights Watch interview, Ala'a al-Din Salah, April 20, 2002.

[121] Ibid.

[122] Human Rights Watch interview, Ibrahim Dababna, director of PRCS Jenin, April 20, 2002.

[123] Human Rights Watch interview, Haytham Muweis, April 22, 2002.

[124] Palestinian Red Crescent Society, "April 8 Update," April 8, 2002. Available at: <http://www.palesetinercs.org>.

[125]Middle East: A Solemn Appeal By The International Committee Of The Red Cross & The International Federation Of Red Cross And Red Crescent Societies, April 2 2002, ICR C02/22 Geneva.

[126] International Committee of the Red Cross, Press Release "ICRC Restricts Its Movements in the West Bank," Tel Aviv, April 5 2002.

[127] International Committee of the Red Cross, Press Release "ICRC Called for Foreign Specialised Teams to Assist in Jenin Rescue," Tel Aviv, April 18, 2002.

[128] Human Rights Watch interview, ICRC Press Officer Jessica Barry, April 23, 2002.

[129] Human Rights Watch interview, Richard Cook, Director of UNRWA Operations West Bank, April 24, 2002; Human Rights Watch confidential interview, humanitarian official, April 15, 2002.

[130] Human Rights Watch, confidential interviews with humanitarian officials, April 15-18, 2002. Names and interview notes are held on file at Human Rights Watch.

[131] Human Rights Watch interview, Richard Cook, Director UNRWA Operations West Bank, April 24, 2002;

[132] Ibid.

[133] Human Rights Watch interview with Ahmad Yusuf Ibrahim Jalamna, aged thirty-seven, Jenin, April 19, 2002.

[134] Human Rights Watch interview with Samia Muhammad M'asud Abu al-Saba'a, aged forty-three, Jenin, April 20, 2002.

[135] Human Rights Watch interview with Richard J. Cook, Director of UNRWA operations for the West Bank, April 24, 2002.

[136] Chris McGreal and Brian Whitaker, "Israel Accused over Jenin Assault," Guardian, April 23, 2002.

[137] Human Rights Watch interview with Susanna N'uaman 'Abd al-Hamid al-Ghada', aged twenty-one, Jenin, April 27, 2002; Human Rights Watch interview with Yusuf Yassin Muhammad Kamil, aged seventy, Jenin April 20, 2002.

[138] Human Rights Watch interview with Rim Jemal Muhammed Salem, aged fifteen, Jenin, April 28, 2002.

[139] Ibid.

[140] Human Rights Watch interview, Lina 'Abd Allah 'Abbas Sa'adiya, April 21, 2002.

[141] Human Rights Watch interview with Nidal Ahmad Muhammad Abu Khurj, aged thirty-one, Jenin, April 19, 2002.

[142] Human Rights Watch interview with Khadwa Ahmad Hassan Samara, aged thirty-five, Jenin, April 26, 2002.

[143] Ibid.

[144] Ibid.

[145] Human Rights Watch interview with Kamal Muhammad Hussein Tawalba, aged forty-three, Jenin, April 27, 2002.

[146] Ibid.

[147] Human Rights Watch interview with Samira Tawfiq Yusuf Shalabi, aged thirty-one, Jenin, April 27, 2002.

[148] Human Rights Watch interview with Khadija 'Abd al-Qadir al-Ruzi, aged fifty-four, Jenin, April 19, 2002.

[149] Ibid.

[150] Ibid.

[151] Human Rights Watch interview with Raja Mustafa Ahmad Tawafshi, aged seventy-two, Jenin, April 22, 2002.

[152] Confidential information on file at Human Rights Watch.

[153] Human Rights Watch interview, Karima Mustafa Sa'id Baklizia, April 20, 2002.

[154] Human Rights Watch interview with Khadwa Ahmad Hassan Samara, aged thirty-five, Jenin April 27, 2002.

[155] Human Rights Watch interview with Issa Wishahi, aged sixty, Jenin, April 20, 2002.

[156] Human Rights Watch interview with Fathiya Yusuf Sa'adi, aged thirty, Jenin, April 20, 2002.

[157] Ibid.

[158] Human Rights Watch interview with Sa'id Abu 'Anas, aged thirty-four, Jenin, April 20, 2002.

[159] Human Rights Watch interview with Samia Muhammad M'asud Abu al-Saba'a, aged forty-three, April 20, 2002.

[160] Human Rights Watch interview with Rim Jemal Muhammed Salem, aged fifteen, Jenin, April 28, 2002.