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V. RECOMMENDATIONS

The United Nations should:

· Authorize and provide funding for the High Commissioner for Human Rights to set up an international panel of experts to conduct an impartial investigation into human rights violations by all parties to the conflict. The panel should be appointed by the High Commissioner. It should comprise internationally recognized law enforcement and human rights experts, and work closely with the existing U.N. human rights mechanisms, including the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions.

· Establish a standing body of independent international criminal justice investigators composed of highly qualified individuals with proven expertise in the conduct of criminal investigations. The standing body should be a prime resource whenever the need arises for independent, impartial investigations of a criminal justice nature and would be available for deployment by the UN at short notice. The individual experts should be nominated by member states from a wide geographic distribution and carefully selected for their professional skills and expertise by the UN Secretary General.

The Government of Israel should:

· Take immediate action to end the excessive and indiscriminate use of force against civilians by the IDF and Israeli police forces. Firearms should not be used except as necessary to defend themselves or others against the imminent threat of death or serious injury.

· Investigate and bring to justice those IDF and police personnel responsible for unlawful use of force.

· Make public the open fire regulations for both the IDF and the police.

· Ensure that all Israeli forces engaged in law enforcement activities have at their disposal and make use of non-lethal equipment that is appropriate for crowd control.

· Ensure that Palestinian ambulances and medical personnel are protected and respected. Under no circumstances should Israeli forces fire upon ambulances or medical personnel engaged in seeking out, treating or evacuating wounded. All efforts should be made to avoid hitting such personnel in all circumstances, even unintentionally.

· Publicly and unequivocally condemn attacks by anyone, including civilians, on other civilians and instruct security personnel to bring perpetrators of such attacks to justice.

· Make every effort to deploy adequate law enforcement personnel in situations of potential clashes to minimize their need to resort to lethal force for self-defense or in the defense of others.

· Allow immediate access to independent international investigators, including the human rights special mechanisms of the United Nations, to investigate allegations of human rights violations stemming from the clashes that began on September 29, 2000.

The Palestinian Authority should:

· Ensure that Palestinian security forces act to the fullest extent possible under the law to prevent armed Palestinians from opening fire on IDF positions, where unarmed civilians are at risk of drawing return Israeli fire.

· Ensure that Palestinian security forces do not themselves participate in such attacks when civilians would be put at risk and investigate and bring to justice those who disobey such orders.

· Ask and investigate and bring to justice those who disobey such orders.

· Make public the guidelines it has provided to its security forces in such circumstances.

· Publicly and unequivocally condemn attacks by anyone, including civilians, on other civilians and instruct security personnel to bring perpetrators of such attacks to justice.

· Make every effort to deploy adequate law enforcement personnel in situations of potential clashes to minimize their need to resort to lethal force for self-defense or in the defense of others.

· Allow immediate access to independent international investigators, including the human rights special mechanisms of the United Nations, to investigate allegations of human rights violations stemming from the clashes that began on September 29, 2000.

ACKNOWLEDGEMENTS

This report was written by Clarisa Bencomo, researcher in the Middle East and North Africa division of Human Rights Watch, based on investigations she and Joost Hiltermann, executive director of the Arms division of Human Rights Watch, conducted in Israel, the West Bank, and Gaza Strip from October 4 to October 11, 2000. Hanny Megally, executive director of the Middle East and North Africa division of Human Rights Watch, and Joe Stork, advocacy director of the Middle East and North Africa division of Human Rights Watch, edited the report and provided assistance while the researchers were in the field. Wilder Taylor, legal and policy director of Human Rights provided legal analysis and advice during both research and writing of the report. Tobie Barton and Erin Sawaya of the Middle East and North Africa division of Human Rights Watch provided crucial logistical support during the mission and Tobie Barton skillfully prepared the manuscript for publication.

The researchers wish to thank the many individuals and organizations who offered us their assistance and advice during a time when they themselves were overwhelmed with work. In particular, we thank Adalah, Addameer/Gaza, Amnesty International, B’Tselem, al-Haq, al-Hayat Medical Center/Um al-Fahm, LAW, Magen David Adom/Jerusalem, Palestinian Center for Human Rights in Gaza, Palestinian Red Crescent Society/Gaza, Palestinian Red Crescent Society/West Bank, Union of Palestinian Medical Relief Committees/Gaza, Union of Palestinian Medical Relief Committees/Ramallah.

Human Rights Watch
Middle East and North Africa Division

Human Rights Watch is dedicated to protecting the human rights of people around the world.

We stand with victims and activists to bring offenders to justice, to prevent discrimination, to uphold political freedom and to protect people from inhumane conduct in wartime.

We investigate and expose human rights violations and hold abusers accountable.

We challenge governments and those holding power to end abusive practices and respect international human rights law.

We enlist the public and the international community to support the cause of human rights for all.

The staff includes Kenneth Roth, executive director; Michele Alexander, development director; Carroll Bogert, communications director; Reed Brody, advocacy director; Barbara Guglielmo, finance director; Lotte Leicht, Brussels office director; Michael McClintock, deputy program director; Patrick Minges, publications director; Maria Pignataro Nielsen, human resources director; Dinah PoKempner, General Counsel; Malcolm Smart, program director; Wilder Tayler, legal and policy director; and Joanna Weschler, United Nations representative. Jonathan Fanton is the chair of the board. Robert L. Bernstein is the founding chair.

Its Middle East and North Africa division was established in 1989 to monitor and promote the observance of internationally recognized human rights in the Middle East and North Africa. Hanny Megally is the executive director; Eric Goldstein is the deputy director, Joe Stork is the advocacy director; Virginia N. Sherry is associate director; Hania Mufti is the London office director; and Clarisa Bencomo and Elahé Sharifpour-Hicks are researchers; Tobie Barton and Erin Sawaya are associates. Lisa Anderson and Gary Sick are co-chairs of the advisory committee and Bruce Rabb is the vice chair.

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