TITLE: IDF Relaxes Open Fire Regulations, Israeli Soldiers Shoot a Bound Palestinian Civilian

AUTHOR:

PUB: AL-HAQ

DATE: January 8, 2001

Israeli radio and Ha'aretz both reported today that the IDF has relaxed open fire regulations in areas determined to be "dangerous". Soldiers in these areas have been given permission to fire on armed Palestinians without giving warning or gaining approval to shoot from their commanders. The army is said to be in the process of formulating new general regulations to further relax stipulations against opening fire and to make issuing orders to open fire easier. Some of these recommendations are reportedly already in place. Al-Haq is concerned by any actions, on the part of the Israeli Military, that would serve to increase violence and human rights violations. Over the last three months human rights organizations and the international community have roundly criticized the Israeli military for its use of excessive and indiscriminate force in dealing with protesters. Since September 29th, 2000, 331 Palestinians have been killed and over 10,000 have been injured by Israeli forces in the Occupied Territories. Nine Palestinians have been assassinated and dozens have been summarily executed. Flagrantly disregarding international law, the Israeli military has taken responsibility for these willful killings. Israeli forces have repeatedly acted in violation of the open fire regulations that are currently in place and have brazenly violated international humanitarian laws and norms, including the UN Code of Conduct for Law Enforcement Officials, that regulate the use of force, as documented in reports by al-Haq, Amnesty International, Physicians for Human Rights and the United Nations High Commission for Human Rights. A loosening of open fire regulations will only serve to increase violations of Palestinians' human rights by Israeli forces. Unclear and continuously changing regulations and inconsistent implementation of these regulation has brought about disputes over when, where and how to implement the open fire policy. These disputes have left the decision to fire in the hands of many irresponsible troops, unfamiliar or unconcerned with human rights regulations. The lack of clear regulations has left Palestinian civilians vulnerable and led to increased human rights violations. The regulations lack of precision has allowed soldiers who shot Palestinians in clear violation of international humanitarian and human rights norms to justify their actions. The following is a case in point. Yesterday, IDF troops shot an unarmed, handcuffed man near Hebron. Khaled Ghannam, a thirty-year old storeowner from Hebron was shot after being stopped at a military checkpoint while returning home from work. According to affidavits given to al-Haq by Khaled's brother Waleed, who witnessed the events, Khaled and Waleed, were traveling home together by bus around 6:30 pm when they were stopped at an Israeli checkpoint. After checking the brothers ID cards, Khaled was ordered out of the bus, handcuffed and forced to lie on the ground. The soldiers then moved away from him and began to confer with each other. After several minutes of conversation, the soldiers shot Khaled repeatedly. Waleed attempted to reach his brother to offer assistance, but has detained by the soldiers for 20 minutes. An Ambulance from Hebron tried repeatedly to reach Khaled, but was denied access by Israeli forces. Eventually a military ambulance arrived and took Khaled to Hadassah Hospital in Jerusalem. Since that time no one has been allowed to visit with him. The extent of his injuries is unknown, but Israeli media reports state that he is in critical condition. Continuing the Israel military's disinformation campaign, Hebron-area commander, Colonel Noam Tibon, defended the shooting to Ha'aretz, stating that "He [Khaled] was arrested by soldiers, they handcuffed him. And, because he knows that he hasn't been okay (conducting himself in a legal manner), he pushes the soldiers, begins escaping, they call on him to stop, they fire on him once, hit him in the calf, the young man falls, medical treatment is begun here and he is evacuated to the hospital." Not only does this explanation clearly contradict eyewitness testimonies, it also does not adequately explain the use of live fire against an unarmed, bound individual who clearly posed no danger to the soldiers who shot him. It also contradicts reports that Khaled was shot several times. No adequate explanation is given for why Khaled was not subdued peacefully. The shooting of Khaled Ghannam is indefensible and is a clear violation of international humanitarian and human rights standards and laws. Taking into account the above-mentioned case, the events of the last few months, and the numerous human rights violations committed by the Israeli Occupying Forces, relaxing the IDF's open fire regulations cannot be justified. Unless photographs, video or other incontrovertible evidence that a Palestinian's human rights have been violated exists the Israeli military almost always issues disinformation and denies any responsibility for wrongdoing. Investigations into alleged violations are never conducted unless the militaries hand is forced as in the case of the Palestinian civilian shot in the foot with a high velocity explosive bullet in the Hebron market last week (contact al-Haq for further documentation concerning this case). Video of the shooting shows that the victim was standing alone and unarmed in an open area and that he posed no threat to the soldier that shot him. The bullet that hit him severed his foot from his leg. This incident was not an anomaly. Blatant violations of human rights occur in the Occupied territories every day. Soldiers not answering to any authority and acting under lax regulations have repeatedly violated human rights with impunity. Al-Haq therefore calls upon the International Community to demand that Israel tighten and make public the exact wording of its open fire regulations to help protect civilians and non-combatants. We also call for an immediate investigation into the shooting of Khaled Ghannam. Al-Haq wishes to express its grave concern over the lack of action taken on the part of the international community to combat human rights violations occurring in the Occupied Territories. Keeping this in mind, al-Haq renews its call upon the International Community to provide a protection force for the Palestinian people. Bearing in mind the Security Council's failure to take a decision on providing a protection force for the Occupied Territories, al-Haq calls upon them to reconsider sending such a force. A protection force that can defend Palestinian civilians is needed immediately and until the end of the occupation. In light of the continuous deterioration of the human rights situation in the Occupied Territories, al-Haq also asks that the States Parties to the Fourth Geneva Convention take the necessary measures to pressure the Israeli government to stop its excessive use of force and aggression against Palestinian civilians. AL-HAQ, an NGO in consultative status with the Economic and Social Council of the United Nations and the West Bank affiliate of the International Commission of Jurists-Geneva, was established in 1979 by a group of Palestinian lawyers in order to uphold the rule of law and defend Palestinian human rights in the Occupied Palestinian Territory. AL-HAQ, P.O. Box 1413, Ramallah, Palestine. Tel: ' 2 295 4646, Fax: ' 2 295 4903, E-mail haq@alhaq.org END top