EXTREMELY URGENT!
To:
Mr. Amir Peretz
Minister of Defense
Major General Dan Halutz
Chief of Staff
Re: The prevention of serious damage to the civic infrastructure and the civilian population in the Gaza Strip as a result of the military operation “Summer Rain”
In the early hours of 28.6.06, the IDF began the largest military operation in the Gaza Strip since the conclusion of the disengagement plan. The operation was named “Summer Rain”. During the course of the day the operation impacted severely on the civilian population, and caused damage to the water and electric infrastructure in the south of the strip. From the reports it became apparent that the IDF had taken control of large sections of territory in eastern Rafah. As a result many Palestinian residents from the village of Shuka, in east Rafah, fled their homes. Even before the ground invasion, the Israeli air force (IAF) bombed a power station, which disrupted the electricity supply for large sections of the Gaza Strip, as well as the water supply. In addition to which, the IDF began shelling the southern end of the Gaza Strip, and the IAF bombed three bridges during the night, including the main bridge between Gaza and Khan Yunis.
According to the reports, the disruption of the electricity and water systems affects approximately 250,000 people, and has already impacted on the running of hospitals to the point where there exists a realistic danger to the lives of those hospitalized in general, and premature babies in incubators, in particular.
As the belligerent force in Gaza, and as the effective ruling authority in the territory in which the operation “Summer Rain” is being carried out, the State of Israel is obligated to ensure the safety and well being of the residents. This obligation is anchored in the conventions of international humanitarian law and international human rights conventions, to which Israel is a signatory, and which have been referred to in a number of rulings by the High Court of Justice, including the verdict on the petition relating to the military operation in Rafah in 2004. According to this normative basis, Israel is obligated to protect the civilians’‘ right to life, health, medical care, and access to vital necessities.
As previously stated, the attack on the power station and the subsequent disruption to the electricity and water supplies endangers the lives of many residents who are hospitalized in the crowded Gaza hospitals. The protection of civilians and the injured during time of war, and the obligation to facilitate medical treatment and avoid damage to hospitals, are basic principles of international humanitarian law.
According to the provisions of the first additional protocol to the Geneva Conventions 1977 (herein the protocol), the onus is on the warring state to protect the civilian population from the impact of military operations. The State of Israel is bound by sections of the protocol, which are declaratory of customary international law, including Article 48, which instructs that a distinction must be made, at all times, between the civilian population and combatants, and between civilian objects and military objectives. Further, article 51 states that the civilian population should enjoy general protection against dangers arising from military operations, and prohibits attacking civilians. In addition to which, Article 57 and 58 of the protocol obligates the parties to the conflict to prevent any injury to the civilian population.
The targeting of blatant civilian targets, like water installations and power stations, places the IDF in breach of its obligation to distinguish between military and civilian targets, and the requirement to ensure the well being of the population under its control.
Attacks on civilian infrastructure can also be characterized as acts of reprisal, a means of imposing a reign of terror, and as collective punishment for the civilian population, all of which are prohibited by international humanitarian law.
In light of the aforementioned, we request that you issue immediate instructions to the IDF forces to desist from attacking civilian targets, and to take all necessary steps to enable the repair of the power station, and the renewal of the electricity and water supply to the Gaza Strip.
We would appreciate an immediate response, in order to consider what further action to take.
Azem Bishara, Attorney
The Association for Civil Rights in Israel
Hadas Ziv, Executive Director
Physicians for Human Rights – Israel
last updated : 03/07/06
