[IMRA (Independent Media Review and Analysis) review] of the B’Tselem Human Rights Report Raises Questions about credibility.

1. Reading this press release it would appear that B’Tselem considers the throwing of rocks, steel rods and fire bombs to fall within the category of “civilian” activity.

2. They raise no objection to killing settlers with stones or firebombs (a number of settlers have been killed by stones that crashed through their windshields and firebombs have taken their victims).

3. B’Tselem sanctions the Palestinians to shoot settlers who have the gaul to defend themselves against stones and firebombs.

4. B’Tselem makes no mention of restrictions on the use of ambulances to transport forces and weapons – something that has made it difficult for Israel to allow for the free flow of ambulance traffic.

5. B’Tselem fails to recognize that the Palestinian leadership, through Fatah and the other movements as well as the PA has essentially declared war. A war in which many of their forces operate in civilian dress. To suggest that under these circumstances that Israel should ignore this an act as if carte blanche should be afforded to anyone not wearing a uniform is to ignore reality.]

Oct. 9, 2000 PRESS RELEASE
“Even in Time of War Not All Is Permitted”

There have been reports of several violent incidents during this past week in the Occupied Territories. In some cases both sides acted as against international humanitarian law. The provisions of this law place constraints on permissible acts during wartime, in order to minimize injury to those who take no active part in the hostilities: prisoners of war, wounded persons and civilians. Prime Minister and Minister of Defense, Ehud Barak, said on Saturday: “Up to now I have ordered restraint. Not to act, only to react. But if we don’t see a change within the next two days…we will instruct the IDF and the security forces to take any means at their disposal to stop the violence”.

In view of this, B’Tselem would like to inform all parties of the rules which bind them, according to international law, in these cases:

Protection of civilians: Shooting at civilians is permissible only in cases of real and immediate danger to life. Shooting is permitted only against those who pose a threat to life, and such shooting must be proportional to the threat and intended to put it at a distance. Even in the case of real and immediate danger to life indiscriminate shooting at civilians is prohibited.

Distinction between armed and unarmed persons: Persons armed with firearms are forbidden to congregate with unarmed persons, even if these be stone throwers. Interfusion of these two groups puts unarmed persons at risk. Nevertheless, the fact that one side to the conflict does not hearken to these prohibitions does not permit the other side to ignore the above rules concerning injury to civilians. In view of this: Shooting by the Israeli security forces at a crowd, from which they are being shot at and their lives put at risk, must be directed, as far as is possible, to the source of danger. Injury to unarmed civilians nearby must be curtailed even if they be throwing stones. Such shooting must be proportional to the danger and it is impermissible, for example, to react to gun-shooting with anti-tank missiles. Furthermore, rubber-covered metal bullets are lethal. Therefore, they must be used only in life-threatening situations and not for crowd dispersal. The Palestinian Authority must ensure that people armed with firearms be placed separately from civilians, even if these be stone throwers. This rule applies until such time as this population must be defended against exaggerated use of force by Israeli security forces which threatens civilian lives.

Shooting directed at settlements by Palestinians, when there is no danger to life, is prohibited.

Protection of wounded persons, medical personnel, and ambulances: It is absolutely prohibited to intentionally attack medical personnel and ambulances, and they are to be permitted free movement for evacuation of the wounded. In any case of casualties, shooting must be stopped at the earliest possible circumstances to enable their evacuation.

Violence perpetrated by Israeli civilians: Israeli security forces are obliged to protect Palestinians from violence perpetrated by Israeli civilians.

Freedom of movement: Passage of food and medical supplies to the territories must be ensured, as well as freedom of movement, including into Israel, in cases of humanitarian emergencies. Curfew will be administered only in extreme circumstances and as a last resort. In no case will curfew be administered as a punitive measure. In cases where curfew is administered, the population must be permitted to exit their homes for provisions of food and medical supplies. In view of this: the curfew administered since Oct. 2nd on H2 areas in Hebron must be called off, Dahania Airport in Gaza must be reopened, and Palestinians must be permitted to travel abroad.

Journalists: As far as is possible, under the circumstances, journalists must be given freedom of operation to report. In no case may journalists, or their equipment, be intentionally attacked.

Damage to Holy Places: Both sides must protect the holy sites and refrain from their defilement.

Collective punishment: Collective punishment of civilian population – such as harm to water or electricity, bombing of civilian infrastructure, or limitation of freedom of movement is absolutely prohibited.

Prisoners: Harm to prisoners by either side is absolutely prohibited. They must, in no case, be tortured or killed in interrogation. They must be permitted to send mail and visitation by the Red Cross.

B’Tselem: The Israeli Information Center for Human Rights in the Occupied Territories is a Israeli organization that monitors human rights in the West Bank and Gaza Strip B’Tselem: The Israeli Information Center for Human Rights in the Occupied Territories is a Israeli organization that monitors human rights in the West Bank and Gaza Strip

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