Jerusalem – Human Rights Watch has accused Palestinian groups of committing “serious violations of international humanitarian law, in some cases amounting to war crimes.”

In internal Palestinian fighting over the last three days, both Fatah and Hamas military forces have summarily executed captives, killed people not involved in hostilities, and engaged in gunbattles with one another inside and near Palestinian hospitals. On Saturday, armed Palestinians from Islamic Jihad and the Fatah-affiliated Al-Aksa Martyrs Brigade used a vehicle with a “TV” insignia to attack an Israeli military position on the border with Gaza.

“These attacks by both Hamas and Fatah constitute brutal assaults on the most fundamental humanitarian principles,” said Sarah Leah Whitson, Middle East director for Human Rights Watch. “The murder of civilians not engaged in hostilities and the willful killing of captives are war crimes, pure and simple.”

On Sunday, Hamas military forces captured 28-year-old Muhammad Swairki, a cook for President Mahmoud Abbas’ presidential guard, and executed him by throwing him to his death, with his hands and legs tied, from a 15-story apartment building in Gaza City. Later that night, Fatah military forces shot and captured Muhammad al-Ra’fati, a Hamas supporter and mosque preacher, and threw him from a Gaza City high-rise apartment building. On Monday, Hamas military forces attacked the home in Beit Lahiya of Jamal Abu al-Jadiyan, a senior Fatah official, captured him, and executed him on the street with multiple gunshots. On Tuesday, there were reports of additional killings of individuals not involved in hostilities.

In addition, Fatah and Hamas forces engaged in battles in and around two Gaza Strip hospitals on Monday. After Hamas fighters killed Fatah intelligence officer Yasir Bakar, Fatah gunmen began firing mortars and rocket-propelled grenades at Shifa Hospital in Gaza City, drawing Hamas fire from inside the building, killing one Hamas fighter and one Fatah fighter. At a hospital in Beit Hanun, three family members with ties to Fatah, ‘Id al-Masri and his sons, Farij and Ibrahim, were killed, and others wounded. Earlier, hospital officials reported that the three were being treated for injuries sustained. One was reportedly shot at close range.

Human Rights Watch maintains that “all parties engaged in armed conflict are subject to customary international humanitarian law, which forbids deliberate harming of civilians and those who are not engaged in armed hostilities at the time,” going on to say that “International humanitarian law also provides special protection to medical personnel and hospitals. Military and civilian hospitals and medical units must be protected and respected in all circumstances.”

In the June 9 incident, four armed Palestinians drove a white jeep bearing “TV” insignias to a fence on the Gaza-Israel border and fired at Israeli soldiers. The Israelis returned fire, killing one Palestinian. Spokesmen for Islamic Jihad and the Al-Aksa Martyrs Brigade, an offshoot of Fatah, claimed responsibility for the attack. An Islamic Jihad spokesperson denied that Palestinians had put press markings on the jeep used in the June 9 attack, and accused the Israeli military of doing so after the fact. However, photos taken by the Associated Press as the attack was under way show the letters “TV” written in red on the front of the jeep.

“Using a vehicle with press markings to carry out a military attack is a serious violation of the laws of war, and it also puts journalists at risk,” said Whitson.

David Bedein can be reached at Media@actcom.co.il. His Web site is www.IsraelBehindTheNews.com

©The Bulletin 2007

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David Bedein
David Bedein is an MSW community organizer and an investigative journalist.   In 1987, Bedein established the Israel Resource News Agency at Beit Agron to accompany foreign journalists in their coverage of Israel, to balance the media lobbies established by the PLO and their allies.   Mr. Bedein has reported for news outlets such as CNN Radio, Makor Rishon, Philadelphia Inquirer, Los Angeles Times, BBC and The Jerusalem Post, For four years, Mr. Bedein acted as the Middle East correspondent for The Philadelphia Bulletin, writing 1,062 articles until the newspaper ceased operation in 2010. Bedein has covered breaking Middle East negotiations in Oslo, Ottawa, Shepherdstown, The Wye Plantation, Annapolis, Geneva, Nicosia, Washington, D.C., London, Bonn, and Vienna. Bedein has overseen investigative studies of the Palestinian Authority, the Expulsion Process from Gush Katif and Samaria, The Peres Center for Peace, Peace Now, The International Center for Economic Cooperation of Yossi Beilin, the ISM, Adalah, and the New Israel Fund.   Since 2005, Bedein has also served as Director of the Center for Near East Policy Research.   A focus of the center's investigations is The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). In that context, Bedein authored Roadblock to Peace: How the UN Perpetuates the Arab-Israeli Conflict - UNRWA Policies Reconsidered, which caps Bedein's 28 years of investigations of UNRWA. The Center for Near East Policy Research has been instrumental in reaching elected officials, decision makers and journalists, commissioning studies, reports, news stories and films. In 2009, the center began decided to produce short movies, in addition to monographs, to film every aspect of UNRWA education in a clear and cogent fashion.   The center has so far produced seven short documentary pieces n UNRWA which have received international acclaim and recognition, showing how which UNRWA promotes anti-Semitism and incitement to violence in their education'   In sum, Bedein has pioneered The UNRWA Reform Initiative, a strategy which calls for donor nations to insist on reasonable reforms of UNRWA. Bedein and his team of experts provide timely briefings to members to legislative bodies world wide, bringing the results of his investigations to donor nations, while demanding reforms based on transparency, refugee resettlement and the demand that terrorists be removed from the UNRWA schools and UNRWA payroll.   Bedein's work can be found at: www.IsraelBehindTheNews.com and www.cfnepr.com. A new site,unrwa-monitor.com, will be launched very soon.