Nine human rights organizations – The Association for Civil Rights in Israel, B’tselem, Adalah, Amnesty International – Israel, Gisha, Physicians for Human Rights, The Public Committee Against Torture, Yesh Din and the Center for the Defence of the Individual – sent a letter today to the Minister of Defence, the Chief Military Advocate General and the Attorney General. The letter explains that calling on civilian residents of the Northern Gaza Strip to evacuate the area raises serious concerns that planned army operations are likely to bring about civilian deaths and widespread destruction to property. The organizations emphasized in the letter that the IDF must operate according to international humanitarian law that prohibits causing intentional harm to a civilian population, including civilian property, and that providing advance notice does not enable the army to refer to the entire area as though it was sterile and attack civilian institutions.
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Mr. Moshe Ya’alon Mr. Danny Efroni Mr. Yehuda Weinstein
Dear Sirs, Re: Calling upon residents to vacate their homes in northern Gaza Strip raises concern of extensive mortal harm to civilians and damage to civilian property
On the night between Saturday, 12 July 2014, and Sunday, 13 July 2014, the Israeli military began dispersing leaflets in the northern Gaza Strip, particularly in the area of Beit Lahiya, which announced its plan to carry out air strikes on an area marked in an attached map. Residents were told to evacuate the area and make their way on foot towards Jabalya refugee camp by noon yesterday (13 July). The leaflet noted that the planned action was to be short. Based on previous military operations in the Gaza Strip, and on military actions that followed similar instructions for evacuation, we – the undersigned organizations – hereby voice grave concern that the military’s planned actions may cause extensive, mortal harm to civilians and much property damage. The military is obliged to uphold the provisions of the First Protocol Additional to the Geneva Conventions, which are considered customary law, and especially articles 51 to 58. Primarily, we wish to underscore the following points:
Under international humanitarian law, the argument that combatants from Hamas or other organizations are operating from within the civilian population does not, in itself, render civilians and civilian sites military objectives that may be attacked. Israel cannot absolve itself of responsibility for the grave harm to civilians that we have witnessed since the beginning of Operation Protective Edge (and in the past) by claiming that Hamas and other organizations are operating from within the civilian population or are using residents as human shields. Israeli bears sole responsibility for its strikes on the Gaza Strip, even if Palestinian organizations are operating unlawfully. Deliberate attacks against civilians and civilian property are a grave breach of international humanitarian law.
Sincerely, Sharon Abraham-Weiss, Executive Director of the Association for Civil Rights in Israel, Fax: 03-5608165 Hagai El-Ad, Executive Director of B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories, Fax: 02-6749111 Hassan Jabareen, Executive Director of Adalah – The Legal Center for Arab Minority Rights in Israel, Fax: 04-9503140 Yonatan Gher, Executive Director of Amnesty International – Israel, Fax: 03-5250001 Eitan Diamond, Executive Director of Gisha – Legal Center for Freedom of Movement, Fax: 03-6244130 Ran Cohen, Executive Director of Physicians for Human Rights – Israel, Fax: 03-6873029 Dr. Ishai Menuchin, Executive Director of the Public Committee against Torture in Israel, Fax: 02-6432847 Neta Patrick, Executive Director of Yesh Din – Volunteers for Human Rights, Fax: 03-5664228 Dalia Kirstein, Executive Director of HaMoked: Center for the Defence of the Individual, Fax: 02-6276317 |
