18 July 2014

Palestine/Israel: Ensure accountability for the unlawful killing of civilians

Since the launch on 8 July 2014 of "Operation Protective Edge", Israel's third major offensive on the Gaza strip in the last six years, the Israeli defence forces have killed 171 civilians, including 48 children and 31 women. Amongst them are the cases of four families, documented by Alkarama, which amount to 30 victims of extrajudicial executions, almost half of whom are children.

The cases documented are those of the Al Batsh family from Gaza, who lost 17 members, including four children; the Al Haj family from Khan Younes, who lost eight members (pictured above and left), including six children; the Al Nawasra family from Al Nusayra, who lost four members, including two children; and the Al Arja family from Farah, who lost Maryam, aged 11. All of them were killed at night in their homes without prior warning or call, as missiles hit their houses and annihilated them. Over 70 other civilians were severely injured as a consequence of the deflagration which destroyed neighbouring houses.

Khan Younes Clearly concerned by Israel's blatant disregard for the right to life, which is protected by international human rights and humanitarian law, Alkarama wrote an urgent appeal today to the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions to ask that an immediate, effective, thorough and independent investigation be carried out into those crimes, and that those responsible be held to account.

Alkarama argues that using air strikes on the Gaza strip, the most densely populated area in the world (with 4,822 persons/km2) will necessarily cause disproportionate civilian loss, as it is simply not possible to distinguish between non-combatants and civilians, a distinction also recognised by Israel in its Manual on the Rules of Warfare. In addition, it is clear that the means used for the attack are clearly excessive in relation to the concrete and direct military advantage anticipated and thus disproportionate. As an occupying power, continues Alkarama, Israel has a duty to ensure the safety of the Palestinian people and to respect their right to life by abiding to the principle of precaution in their choice of methods of attacks so as to avoid civilian casualties.

Failure to abide by the above-mentioned principles enshrined in international humanitarian law may amount to war crimes, concludes Alkarama. Having adhered to the Geneva Conventions which regulate the conduct of all parties in conflict and seek to limit its effects on innocent civilians, the State of Israel is in blatant violation of international humanitarian law.

Alkarama, therefore, calls upon the Israeli authorities to abide by the principles enshrined in the major international human rights covenants and humanitarian conventions to which it adhered respectively in 1991 and 1951, and ensure that the right to life of civilians be respected. It is essential that impartial investigations in these unlawful killings be carried out immediately and that those responsible be held to account in accordance with international law.

For more information or quotes by Alkarama's Executive or Legal Director or local partners, please contact the media team on This email address is being protected from spambots. You need JavaScript enabled to view it. (Dir: +41 22 734 1007 Ext: 810).

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No