Al Mezan condemns Israel's new collective punishment measures against Gaza, calls the international community to protect civilians

In its meeting yesterday, 19 September 2007, the Israeli security cabinet unanimously adopted decisions declaring the Gaza Strip a 'hostile territory' and employing new collective punishment measures against it. The decision was allegedly provoked by that the Strip is ruled by Hamas since 15 June 2007 and that rockets continue to be fired at Israel from it. The measures under question are oriented mainly at the civilian population.

The new measures include limiting the supplies of food, fuel and electricity as well as expanding the monitoring and restriction of funds. It was also decided to expand the Israeli military operations in the Strip. They represent an exacerbation of already employed closures and sanctions, which have continued for years now.

Clearly, the cuts or reductions of electricity, food, and fuel supplies to the Gaza Strip are contrary to Israeli's legal obligations under international law. They cannot be ethically justified. They are also indicative of Israel's indifference towards the aggravated situation under which 1.5 million Gazans live and a reckless disregard to civilian life and wellbeing. Declaring Gaza as a hostile territory erroneously suggests that Israel is exempted from its legal obligations and criminal responsibility towards Gaza's civilians under international law. However, Israel's ability to execute these measures immediately and effectively emanates from its full control of Gaza's land crossings, air space and territorial water; which evidently support Israel's status as an occupying power in Gaza.

Three months of total closure have added to the low humanitarian conditions in Gaza. Closures caused paralysis to its economy, increased poverty and unemployment, and raised dependency on humanitarian aid to near 100%. Israel's new decisions will only threaten the life and wellbeing of the civilian population; especially as they are designed to impact the civilian population, according to statements made by Israeli officials.

Al Mezan Center for Human Rights condemns with the strongest terms the Israeli collective punishment measures against the Gaza Strip. Those measures are baseless morally and legally. Intentional targeting of civilians is absolutely prohibited under international law and cannot be justified on any grounds.

The pending cuts of essential supplies threaten civilian life; but most particularly the sick, elderly, and children. Al Mezan views this decision as a despicable form of collective punishment against the civilians, and; therefore, a crime against humanity.

The Centre deplores the declaration of Gaza as 'hostile territory', which ignores that it is an occupied territory in which Israel bears obligations vis-à-vis the civilian population as stipulated by international law.

Al Mezan also condemns the continued use, and threat of use, of excessive, disproportionate force by Israel's occupation forces as grave breaches of the Israel's obligations under international humanitarian law (IHL); particularly the Fourth Geneva Convention, and the international human rights law, and especially the International Covenant on Civil and Political rights, the International Covenant on the Economic, Social, and Cultural Rights, and the Convention on the Rights of Child.

Additionally, Al Mezan views with much concern the continued silence of the international community, which has not taken any effective steps to challenge the human rights violations in the OPT and provide protection for civilians. Those lie at the center of the human rights responsibilities of the international community and should be respected.

Not only international law obliges Israel to ensure the safety and wellbeing of the civilians under its occupation, but also to secure the provision of their humanitarian needs and maintain functioning public facilities; specially those providing heath, food, water and sanitation.

Al Mezan calls all the international human rights organizations and intergovernmental bodies that are entrusted with ensuring respect and protection of human rights to condemn the Israeli decision and to take immediate and effective actions to prevent executing it.

It also calls the international community to uphold its legal and moral obligations towards Gaza's civilians and to intervene and protect civilians. Al Mezan calls upon the international community to condemn the aforementioned arbitrary measures as collective punishment that amounts to crimes against humanity, thus pursuing the persons who ordered or perpetrated them and brining them to justice.

Israeli High Court allows the construction of the Segregation Wall on Lands of Um Salamuna village

The Applied Research Institute of Jerusalem, 05/09/07. On August 2, 2007, the Israeli Supreme Court rejected the petition filed by the Palestinian residents of Um Salamouna village southwest Bethlehem Governorate, regarding the building of the Israeli Apartheid Wall which stretches across the village’s lands, isolating approximately 500 dunums which constitutes 41.5 % from the total village area (1200 dunums). The Israeli court rejected the petition filed by the local resident of the village using the common Israeli pretext 'vital to the security of Israel.'

The Palestinian residents of Um Salamouna village filed the petition in January 25, 2007 to the Israeli Supreme Court under file number 07/834, after the Israeli Army started construction work to build the Israeli Apartheid Wall on their lands, causing severe damages to their agricultural areas. The filed petition specifically was put against the Israeli military order number 69/06/T, issued by the Israeli Army in September 5, 2006, in which 152 dunums of the village lands were declared confiscated to construct the planned Israeli terminal on the western entrance of Um Salamouna village and to resume the construction of the Israeli Apartheid Wall at the same area. See Map 1

Um Salamouna, Location & Population

Um Salamouna is a Palestinian village located 7.8 km south of Bethlehem Governorate. It has a population of 807 residents (PCBS 2006). The village is bordered by Marah M’allah village and Za’tara bypass road from its north and the under construction Israeli commercial terminal from its northwest, the Israeli Apartheid Segregation Wall from its western side, and to the eastern side is Al Halqum village, and Marah Rabah village at its south side.

The Israeli Tightening on Um Salamouna

Um Salamuna village became a target of the Israeli Army when it was decided to rip the village apart by building the Apartheid Wall and a terminal on the agricultural lands at the northwestern entrance of the village, cutting off the residents from their traditional link to surrounding areas for commercial or social activities.

More over, The Israeli plan for Um Salamouna terminal comes to serve the Israeli policy to tighten the grip on the Palestinian residents and their movement and access to their agricultural lands, but more than that, it will serve as a commercial terminal leading to alternative route for the Palestinian trucks or any other form of Palestinian transportation on bypass road # 60, which will be restricted Israeli settlers use, another form of Israel’s apartheid system in the occupied Palestinian territory. For more clarification refer to the previously written case study (Israeli Military Orders to demolish Six Palestinian Houses in Um Salamouna Village South of Bethlehem City. May 8, 2007).

To Conclude

Um Salamouna village, as well as most of the Palestinian villages and cities, is facing an endless suffering because of the Israeli colonization practices against their lands and properties, and the Israeli Segregation Wall is one of the Israeli employed tools to loot and steal as much as possible of the Palestinian lands under the pretext of 'security.'

Under the International law rules and conventions, Israel is prohibited from destroying or/ and seizing Palestinians' lands and properties, unless such acts constitute a military necessary and as long it is carried out on temporary bases.

• Article 147 of the Fourth Geneva Convention indicated that: Extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly, is a grave breach of the Convention.

• Article 23 of the Hague Convention of 1907 also provides: In addition to the prohibitions provided by special Conventions, it is especially forbidden to destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;