Israeli Violations of the Fourth Geneva Convention

Israel is a serial international law abuser. Specifically, it commits grave violations of the 1949 Fourth Geneva Convention that protects civilians in times of war and has done it for decades:

— Article 2 states that “the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory….even if the said occupation meets with no armed resistance;”

— Article 3 prohibits all kinds of assaults on life or physical security;

— Article 27 refers to “protected persons” and states “They shall at all times be humanely treated, and shall be protected especially against all acts of violence….,”

— Article 32 prohibits murder, torture and corporal punishment, and

— Article 33 prohibits collective punishment and “all measures of intimidation or….terrorism.”

Geneva and other international human rights laws guarantee what Article 3 of the Universal Declaration of Human Rights states: that everyone “has the right to life, liberty and security of person.” It also affirms Article 6 (1) of the International Covenant on Civil and Political Rights of 1966 stating that every “human being has the inherent right to life.” Violations of Geneva and other internationa laws are crimes of war and against humanity. Israel is a serial offender but has yet to be held to account.

The Palestinian Centre for Human Rights documented its extra-judicial executions from September 29, 2000 through December 2007 and updates it weekly on its web site – pchrgaza.org. Below are examples, but first some background.

Some Brief History of Israeli Targeted Killings

Without cause, these executions target specific individuals with explicit government approval, and Israelis have done it for decades. During the Mandatory Palestine period, Stern Gang (later renamed Lehi) and Irgun members were underground terrorists with very committed aims – to drive out the British (seen as occupiers), allow unrestricted Jewish immigration, remove indigenous Arabs, and establish the Jewish state of Israel. They carried out killings and bombings, some of which were notorious like Lehi’s 1944 assassination of Britain’s Lord Moyne, the military governor of Egypt. Another was Irgun’s infamous 1946 King David Hotel bombing killing 91 Brits, Arabs and Jews and injuring many more.

Two of their leaders became future prime ministers – Lehi’s Yitzhak Shamir (1983 – 84 and 1986 – 1992) and Irgun’s Menachem Begin (1977 – 1983), but they were wanted men before 1948. The New York Times called Irgun a “terrorist organization,” and the World Zionist Congress in 1946 strongly condemned “the shedding of innocent blood as a means of political warfare.” It was just beginning.

In the 1950s, targeted killings were common and were used to halt fedayeen resistance attacks from Egypt. In 1967, after Gaza and the West Bank were occupied, Palestinians became the favorite target, inside and outside the Territories, and by various means:

— car and mail bombs,

— air attacks,

— commando raids,

— undercover operations,

— poisoning,

— snipers, and

— various other methods, including proxy forces to do Israeli killing.

General Ariel Sharon commanded an “anti-terror” detachment in the early 1970s that targeted Palestinian resistance fighters in Gaza. Through undercover operations, the unit killed 104 Palestinians and arrested 742 others.

After Israeli athletes were killed at the 1972 Munich Olympics, Prime Minister Golda Meir and Defense Minister Moshe Dayan established “Committee X” that used Mossad operatives to find the kill the perpetrators. Thirteen deaths resulted, including a Moroccan busboy in Norway by mistake.

Throughout the 1970s, Palestinians in the Territories were targeted, especially its leaders, and in 1982 Israelis nearly killed Yasir Arafat with car bombs, air attacks and at least once when a sniper had him targeted but got no orders to shoot. His second in command, Abu Jihad (Khalil el-Wazir), was less fortunate. He was key to the first Intifada’s success, an irreplaceable leader, and had to be eliminated. Ehud Barak reportedly got the assignment and headed a commando operation that killed him.

Executions continued in the 1990s, including three major ones with mixed success. One killed Islamic Jihad leader, Fathi Shikaki, in Malta in 1995. Another eliminated Yahya Ayyash, a Hamas Izzaddin al-Qassam Brigades member who was known as “the Engineer” for his bomb-making skills. One embarrassing attempt failed. It targeted Hamas’ Amman, Jordan political bureau chief, Khaled Meshal. Two Mossad agents poisoned him but were captured by Jordanian authorities before they could flee. To secure their release, Prime Minister Benjamin Netanyahu agreed to provide the poison’s antidote and release Hamas’ founder, Sheik Ahmed Yassin, from an Israeli prison.

With the outbreak of the second Intifada, killings escalated markedly. Below are examples, including several high-ranking Palestinians:

— Abu Ali Mustafa – head of the Palestinian Front for the Liberation of Palestine (PFLP),

— Mustafa Zibri – the PFLP’s Secretary-General,

— Raed al-Karmi – a Lebanese Tanzim movement leader, and

— many mid-level resistance fighters from various Palestinian groups opposing the occupation.

Examples of Extra-Judicial Executions from September 29, 2000 Through December 2006

All three Israeli government branches support extra-judicial killings and require no evidence to justify them. Officials merely say those targeted are wanted, dangerous, and threaten State security. As a result, security forces kill with impunity and with no regard for the innocent, including women, children, the elderly or infirm.

Consider an egregious example. On July 12, 2006, IDF aircraft attacked the home of Dr. Nabeel Abu Silmiya in the Gaza City Sheikh Radwan neighborhood. The house was completely destroyed and Dr. Nabeel, his wife and seven children were killed – possibly in error, according to IDF. It claimed it targeted Izziddin al-Qassam Brigades leader, Mohammed al-Daif, and a number of his colleagues but struck the wrong house instead.

Multiple killings are common and are carried out against civilian homes, government buildings and structures, and by planting bombs in cars and targeted shootings on the ground. The death toll keeps rising, and PCHR documented specific examples below.

Examples of IDF Executions from January Through March 2007

Five targeted killings occurred in the period during which three others were injured.

On February 1, IDF soldiers killed Jaser Nader Ahmad Abut Zugheib in the Tulkarm refugee camp. In the same incursion, two Palestinians were wounded, one seriously with a bullet in the chest.

On February 21, an IDF undercover unit targeted the al-Bassatin area west of Jenin. It killed Mahmoud Ibrahim Qassem Obaid, an Islamic Jihad al-Quds Brigades leader, by shooting him in the head at close range.

On February 28, another IDF undercover unit executed three Islamic Jihad members as they tried to flee the Jenin refugee camp in a car.

In the examples above, arrests weren’t attempted, and victims were either wounded or unarmed when IDF soldiers executed them Mafia-style by point-blank shootings. PCHR stresses that with no due process and the absence of evidence, there’s no guarantee or even likelihood that targeted individuals committed crimes. They were simply Israeli vigilante justice victims targeting the innocent.

Selected IDF Executions from April Through June 2007

During the period, 25 killings occurred, but only 16 were actually targeted.

On April 21, an IDF undercover unit attacked a car in Jenin killing three Palestinians in it. Two were al-Aqsa Martyrs Brigades members and the other belonged to the al-Quds Brigades. On the same day, an IDF aircraft-fired missile killed an innocent civilian in his vehicle who had no affiliation with Palestinian resistance groups.

On May 4, Seilat al-Harthiya village, west of Jenin was attacked. Two al-Quds Brigades members and a mentally disabled Palestinian civilian were executed.

On May 20, an IDF aircraft missile struck a Gaza City al-Shojaeya neighborhood meeting hall killing seven members of the al-Haya family and a Hamas activist as well as wounding three others.

On May 29, IDF undercover units killed two Palestinian activists in Ramallah and Jenin and wounded five others.

On June 1, the IDF assassinated an Islamic Jihad member in Khan Yunis.

On June 12, the IDF executed an al-Aqsa Martyrs Brigades member in the north Tulkarm Saida village.

On June 24, the IDF killed three al-Quds Brigades members and wounded three civilians.

On June 30, IDF forces executed three al-Quds Brigades members in Khan Yunis.

Selected IDF Executions from July Through September 2007

On July 26, an IDF aircraft struck a vehicle south of Gaza City killing three activists in it.

On August 4, an aircraft-fired missile struck a civilian car near the Rafah International Crossing Point on the Egyptian border. Three al-Quds Brigades members in it were seriously wounded but managed to survive. Moments later, two other missiles hit another civilian car killing the driver and a civilian bystander and wounding 12 others.

On August 20, IDF forces executed four Izziddin al-Qassam Brigades members and two additional Palestinian Ministry of Interior Executive Force members in central Gaza’s al-Boreij refugee camp.

On August 21, IDF air and ground forces killed three Palestinians in al-Qarara village, northeast of Khan Yunis.

On August 22, the IDF executed an Izziddin al-Qassam Brigades member and wounded another east of Gaza City.

During the last week of August, three children were extra-judicially killed in Beit Hanoun. There was no evidence they had any affiliation with a local resistance group.

On September 26, IDF forces executed five Army of Islam members in the al-Zaytoun neighborhood, east of Gaza City.

Examples of IDF Executions from September through December 2007

On October 11, an IDF undercover unit killed one and wounded another al-Aqsa Martyrs Brigades member near al-Hamam Square in Jenin.

On November 25, IDF forces executed an al-Aqsa Martyrs Brigades member in the Tulkarm refugee camp, east of the town. Witnesses said he raised his hands to surrender but was shot in the neck. Seriously injured, two IDF soldiers beat him violently and let him bleed to death in a coffee shop. A second man was also seriously injured in the attack.

On November 29, IDF aircraft attacked and killed two Izziddin al-Qassam Brigades members northeast of Khan Yunis.

Attacks continue unabated – by air strikes and on-the-ground Mafia-style executions in violation of sacred international law explained above. And a Haaretz February 29 article suggests they threaten to escalate.

It quoted Defense Minister Ehud Barak blaming Hamas for the increased violence and said it will “bear the cost of our response….(it’s) necessary and will be carried out.” On the same day, Knesset chairman of the Foreign Affairs and Defense Committee, Tzachi Hanegbi, said IDF forces must “quickly….topple the Hamas terror regime and take over all the areas from which rockets are fired on Israel,” and they should remain in those areas for years.

Deputy Defense Minister Matan Vilnai went further and threatened a “shoah,” which is the Hebrew word for holocaust. On Israeli radio he said: “the more Qassam (rocket) fire intensifies and the rockets reach a longer range, (the Palestinians) will bring upon themselves a bigger ‘shoah’ because we will use all our might to defend ourselves.” The comment is outrageous, it incites genocide, and it’s a punishable crime in violation of the 1948 Genocide Convention.

Gregory Stanton’s Genocide Watch site has a mission: to “predict, prevent, stop, and punish genocide and other forms of mass murder (by) rais(ing awareness and influenc(ing) public policy concerning potential and actual genocide.” Its aim “is to build an international movement to prevent and stop genocide,” and it’s badly needed in Occupied Palestine where Israel has conducted state-sponsored genocide for decades according to Israeli historian Ilan Pappe.

International law expert Francis Boyle agrees and proposed in a March 20, 1998 article that “the Provisional Government of (Palestine) and its President institute legal proceedings against Israel before the International Court of Justice (ICJ) in the Hague for violating the (Genocide Convention).” He categorically stated that “Israel has indeed perpetrated the international crime of genocide against the Palestinian people (and the) lawsuit would….demonstrate that undeniable fact to the entire world.” Boyle would likely agree that the case today is even more compelling at a time Israeli forces are ravaging Gaza and assaulting West Bank communities as well.

Genocide is hideous in concept and execution, and Stanton explains how it progresses in eight defined stages:

1. Classification – Cultures or societies distinguish between “us and them” to categorize people by race, religion, nationality or other distinguishing characteristic;

2. Symbolization – Classifications are given names or other symbols, such as Jews, Latinos, blacks or Muslims.

3. Dehuminization – A dominant group denies another’s humanity and equates its members with animals, vermin, insects, diseases or, in the case of Palestinian resistance fighters, gunmen or terrorists;

4. Organization – Genocide is always organized; most often it’s by the state using militias, the military and/or other security forces to target victimized groups;

5. Polarization – Extremists incite hate through propaganda and other communication methods, and laws and other measures often target the victims;

6. Preparation – Victims are identified, separated out and targeted for elimination;

7. Extermination – Once it starts, it escalates to mass killing that’s legally defined as “genocide;” and finally

8. Denial – The final stage assures continued genocide will follow with evidence of it suppressed or destroyed. Some genocidal regimes are brought to justice like the Nazis at Nuremberg. Others like Israeli governments since 1948 have gotten away with it for decades with no indication (so far) the Olmert or a future regime will be held to account.

Minister Vilnai affirms that killing may now escalate against a people who’ve been under a medieval siege for months. Talk of peace and ceasefire is hollow, Israel and Washington incite violence and want none of it, and IDF commanders are preparing a large-scale assault to target Hamas for removal. How much longer will this go on? When will the occupation end? How many more killings will be tolerated? When will world leaders take note? People who care want answers. It’s about time they got them.

Ref: The populist party

5 Responses

  1. Under the Wickii’s summary of the General Provisions of the 3rd (1949) Geneva Convention
    Article 2 specifies when the parties are bound by GCIII
    That any armed conflict between two or more “High Contracting Parties” is covered by GCIII;
    That it applies to occupations of a “High Contracting Party”;
    That the relationship between the “High Contracting Parties” and a non-signatory, the party will remain bound until the non-signatory no longer acts under the strictures of the convention. “…Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof.”
    Please note the last sentence. The Palestinian Authority, Hezbollah, Hamas, etc. are not signers of the Geneva Conventions, but per the last sentence, they WOULD be protected IF they accpeted and applied the provisions thereof. A problem arises when prohibited behaviors (eg;Hostage taking, murder, mutilation, collective punishment,humiliation, terrosim,desecration of remains) are perpetrated by any of these groups on Israeli prisoners or the population in general. The Israelis can rightfully point to these violations as justification for not being legally bound to follow the Geneva Conventions when dealing with members of the violating group(s). It’s impossible to hold the legal or moral high-ground when gross and public violations occur frequently.

  2. Conflicts tend to be bloody its the nature of conflicts. Conflicts employ propaganda its the nature of conflicts. Bottem line, this conflict produces less casualties than does peace time road accidents in Israel. Put in perspective its easy to distinguish propaganda as a load of stinky church.

  3. Usul,

    – And how about the fact that all these prohibited behavoirs Hostage taking, murder, mutilation, collective punishment,humiliation, terrosim,desecration of remains that Israel is conducting on a daily regular bases? (ie not as a revenge but as a “colonial bizness as usual” ).

    – And how about the fact that these gross violations and by every law prohibited behavoirs on the palestinan public and society are the foundation for recistance and that this resistance is guared by the international law?!

    – How about that size and structure of these forces. Isreal is a state and an occupier that activily destories the social fabric of the Palestinan state and society ie the Palestinan state! Israel stat terrorism is forbidden and can´t be compared to palestinan resistance forces which are under occpuation and constant treat. You are not comparing apples but banans and grapes. (nice try)

    OFCOURSE IT´S POSSIBLE to hold leal and moral high-ground!
    That is the only hope for people under occupation and ethnic cleansing but also for humanity in large!!!

    Surley Israel know this as they have captialised and used the holocaust in Europe as an ongoing theme to keep Europe´s failure to chersih human life alive.

    How disgusting it is that the same nation is mastering another SHOAH/HOLOCAUST of another people. Usul, you should be ashamed of apologising Israel´s etnic cleansing, hostage taking, murder, mutilation, collective punishment,humiliation, terrosim,desecration of remains, annexation, apartheid, racisim, assenation, house demolisation, appropriation by pointing at the victim. I DARE you apply to that rethoric trick on the South African situation where the whites used the same tactics as Israel (not a concidance) and the blacks where the “terrorists”.

    Show your true colour and positioning!

    Or never mind, apologists like you are so frequently found on that other line which humanity, human rights, justice aso is never to be found!

    Shame on you…

    : a

  4. Moshe mush,

    *hahha*
    Yees your are right for the first time boy!
    Propaganda is easy to distinguish!

    That´s why your hatful, racist, pro-Israeli propaganda is so so so
    obvious!!! And as such nothing more than repetion of old old ideas
    of supremcy, ethnic cleansing, hate aso

    : a

  5. Sorry, only those who signed onto the Geneva Convention are protected by it. Plain and simple. Mainly to prevent a signer from having their hands tied when engaged with those rejecting the rules of engagement. The Geneva Convention is a contract between established nation states who elected to sign onto it with no implied clauses.You’ll have to find some other rule of order (like the Koran) to continue your barbarism under.

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