pchr annual eng 09[1]

8/9/2019 PCHR Annual Eng 09[1]

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Palestinian Centre or Human Rights


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Gaza City:29 Omar El Mukhtar Street, Near Amal HotelP.O.Box 1328 Tel/Fax: +972 8 2824 776

Khan Yunis Branch:El Amal Street, Branch o Jamal Abdul-Nasser Street,near the College o Education Tel/Fax: +972 8 2061 025

Jabalya Branch:Jabalya Re ugee Camp,Opposite to Timraz Fuel Station Tel/Fax: +972 8 2454 150

West Bank O fce:Ramallah: Al Beira,Nablus Road Tel/Fax: +972 2 2406697

[email protected]


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The Philosophy o theCentres Work

The Centre determined a ter athorough legal assessment o thepeace accords signed b the PLOand the Israeli government that theoccupation would continue bothph sicall and legall . Accordingto these agreements Israel hasredeplo ed its orces inside the WestBank and the Gaza Strip, while Israelisettlements and militar installationsmaintain their presence in Palestinianterritor . The major legal aspects o the Israeli occupation remain in place.Israeli militar orders that sa eguard

Israeli control over the Palestinianpeople and their land remain valid inaccordance with the peace agreement. The Israeli militar court is still

unctioning and to this da thousandso Palestinians languish in Israeliprisons. The essential elements o thePalestinian issue remain unresolved- the right to sel -determination, theright to an independent Palestinianstate with its capital in Jerusalem, theright o return or Palestinian re ugees,and the right to remove illegal Israelisettlements rom the Occupied

Territories. All o these constitute basicun ul lled rights o the Palestinianpeople. In light o this wide-rangingdisregard or Palestinian rights, theCentre concludes it must continue itswork to protect Palestinian humanrights rom ongoing violations b theIsraeli government and courts.

The peace accords and the majorpolitical changes resulting romthe agreement, including theestablishment o the PalestinianNational Authorit in part o theOccupied Territories, has led to avital and active role or the Centre inprotecting civil and political rightsand in promoting the development o democratic institutions, an active civilsociet , and a democratic legal s stemin Palestine.


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Economic and Social Rights Unit

This unit seeks to ensure the importance

o economic and social rights throughresearch and stud . Such work isparticularl important because it tendsto be neglected, to some e tent, bother human rights organisations. Toachieve its goals the unit conductsstudies, workshops, and seminarsthat ocus attention on economic andsocial rights in the West Bank andGaza Strip. The unit seeks to developrecommendations and standards oreach o these rights to be ul lled inthe Palestinian situation. Moreover, theunit reviews and assesses the legislation

and dra t laws pertaining to these rightsadopted b the Palestinian Authoritin an e ort to secure legislation thatis in harmon with internationalstandards. The unit urther seeks toprovide an in ormative training base orgovernmental and non-governmentalpersonnel who are empowered toset plans and implement programsand policies relevant to these rights. The goal o such training is to help

aid and counselling to individuals andgroups. The unit also carries out legalintervention with concerned bodiesand makes legal representationsbe ore courts in cases that involvebroad principles o human rights thata ect not just the individual be orethe court but the communit as awhole. Furthermore, the unit attemptsto support the independence o the judiciar and the rule o law.

Democratic Development Unit

This unit specialises in the promotiono democrac , civil societ , and the

rule o law. The units team carries outresearch and organises workshops andseminars to discuss issues on humanrights and democrac . The units teamalso prepares comments on dra t lawsprepared b the Palestinian Authoritin an e ort to in uence the decision-making process and the adoption o democratic laws. The unit has been alsoinvolved in providing training on humanrights and democrac or outh groups.

Field Work Unit

Field work is considered the basic

activit o the Centre. Well-trainedeld workers located in di erent areas

o the Gaza Strip and the West Bank obtain accurate and documented legalin ormation on human rights violationsin the Gaza Strip and the West Bank,including occupied East Jerusalem. Thegather in ormation in the eld romvictims and witnesses o human rightsviolations. The in ormation is receivedb the co-ordinator o the unit and otherresearchers to veri accurac . Throughthe eld workers presence in the eldthe Centre has been able to maintain

close contacts with the communit .In this wa , the communit is able toin uence the work o the Centre and theCentre is able to meet the communit sinterests and demands.

Legal Unit

This unit is composed primaril o ateam o law ers who give ree legal

Work Units o the Centre

The Centre is composed o specialised working units which carr out their activities in an autonomous but integrated manner.


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bring economic and social rights intoalignment with the standards acceptedinternationall and to ensure thema imum degree o implementation o these rights.

Woman Rights Unit

This Unit was established as a pilotproject in Ma o 1997 or one ear,renewable upon assessment o itsaccomplishments. The initial projectwas established a ter a thorough andcomprehensive stud o the conditionso Palestinian women and the work o womens institutions in the Gaza Strip.

The Unit aims to provide legal aid orwomen and womens organisations.Intervention on behal o women inSharia courts is included in its mandate. The Unit urther aims to raise awarenesso womens rights established binternational human rights conventionsand to raise the awareness o Palestinianwomen in regard to their rights underlocal law. Finall , the Unit is carr ing outstudies on Palestinian women and the

law, while supporting the amendmento local laws inconsistent with womensrights.

The Training Unit

The Training Unit is a main instrumentin PCHRs work in disseminating anddeveloping a human rights culture, andpromoting democratic concepts in thelocal communit with all its varioussegments. The Unit organizes and holdstraining courses and workshops inorder to develop theoretical knowledgeand provide pro essional skills thatcan contribute to a real change in the

behavior o the societ , which in turncan promote respect or, and protectiono human rights and participation incommunit building. The target groupso the training courses and workshopsare particularl the outh, includinguniversit students, activists o politicalparties, law ers, media, union members,and other civil societ groups.

The Library

The Centre has established a specialised

legal librar in subjects related to localand international law, human rights, anddemocrac . The librar includes booksand periodicals in both Arabic andEnglish and includes all Palestinian lawsand Israeli militar orders. Documentspertaining to laws o neighbouringArab countries are also available.Furthermore, the librar includesa variet o books and periodicalsdetailing the Palestinian question andthe Arab-Israeli con ict. The librar isopen or the ree use o researchers,academics, and students.


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(1) International Commission o Jurists The International Commission o Jurists ICJ , headquartered inGeneva, is a non-governmental organisation in consultative statuswith the United Nations Economic and Social Council, UNESCO, andthe Council o Europe and the OAU. Founded in 1952, its task is tode end the rule o law throughout the world and to work towardsthe ull observance o the provisions in the Universal Declaration o Human Rights. its membership is composed o si t eminent juristswho are representatives o the di erent legal s stems o the world.

(2) Federation Internationale des Ligues des Droits de lHomme

The Federation Internationale des Ligues des Droits de lHommeFIDH is an international non-governmental organisation dedicated

to the world-wide de ence o human rights as de ned b theUniversal Declaration o Human Rights o 1948. Founded in 1922,FIDH has eight -nine national afliates in all regions.

(3) Euro-Mediterranean Human Rights Network The Euro-Mediterranean Human Rights Network Euro-Med Network is anetwork o human rights organisations and individuals rom the MiddleEast, North A rica and the European Union, established in 1997. Theoverall objective o the Network is to contribute to the protection o thehuman rights principles embodied in the Barcelona Declaration o 1995.

4 International Legal Assistance Consortium ILAC The International Legal Assistance Consortium ILAC is one o the most important international legal bodies. It is specialized inlegal and judicial training. It includes more than 30 members o distinguished legal organizations throughout the world, includingAmerican Bar Association; Arab Law ers Union; and Bar Council o England and Wales.

(5) The Arab Organization or Human RightsIt is an NGO ounded in 1983. It calls or respect and promotion o human and people rights and undamental reedoms in the Arab

World or all individuals on its land in accordance with internationalhuman rights instruments. The Organization signed an agreementwith Eg pt in Ma 2000, according to which its headquarter wasmoved rom Limassol in C prus to Cairo.

(6) World Coalition against the Death Penalty The World Coalition against the Death Penalt is an alliance o about48 NGOs, bar associations, local bodies and unions, including thePalestinian Centre or Human Rights. I was created in Rome in Ma2002. Since 2003, the Coalition has made 10 October the World Daagainst the Death Penalt .

The Palestinian Centre or Human Rights

The Palestinian Centre or Human Rights is an independent non-pro t legal agenc based in Gaza cit . The Centre was established in April 1995b a group o Palestinian law ers and human rights activists in order to protect human rights and promote the rule o law in accordance withinternational standards, create and develop democratic institutions and an active civil societ in Palestine in accordance with internationallaccepted standards and practices and support all e orts aimed at enabling the Palestinian people to e ercise their inalienable rights according tointernational law. The Centre enjo s Consultative Status with the ECOSOC o the United Nations. It was granted three international prominent awards or its e ortsin the eld o human rights: The 1996 French Republic Award on Human Rights; and The 2002 Bruno Kreisk Award or Outstanding Achievements in the Area o Human Rights; and

The 2003 International Service Human Rights Award UNAIS . The Centre has wide relationships with human rights and civil societ organizations throughout the world. It is an afliate o ve internationaland Arab human rights organizations, which are active in the international arena:


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Funding o the Centre

The Centre is unded b the generous contributions o a numbero international non-governmental organizations in the eldso human rights, democrac , and social justice and a numbero Governments which has riendl relationships with thePalestinian people. PCHR highl appreciates the contributions o

unding organizations, especiall :

Ox am NOVIB Holland Royal Danish Representative O ce Rammallah

Swiss Agency or Development and Cooperation SDC

Swedish International Development Cooperation Agency SIDA

Representative O ce o the Kingdom o the Netherland to thePalestinian Authority

European Union

Open Society Institute U.S.A

Christian Aid U.K

Dan Church Aid Denmark

Grassroots International U.S.A

Representative O ce o Norway Irish Aid

Kvinna Till Kvinna Sweden

Al Quds Association Malaga Spain

Trocaire Ireland

Denis OBrien Ireland

CARE International West Bank and Gaza

ACSUR

Wel are Association

Administrative Board

Raji Sourani

Jaber Wishah

I ad Alami

Hamdi Shaqqura

Director General: Raji Sourani

The Palestinian Centre or HumanRights is an independent legalbod dedicated to the protectiono human rights, the promotion o the rule o law, and the upholdingo democratic principles in theOccupied Territories. Most o theCentres activities and interestsconcentrate on the Gaza Strip dueto the restriction on movementbetween the West Bank andGaza Strip imposed b the Israeli

government and its militarapparatus.


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Annual Report 2009 .............................................................................................................................................................................................................

PART 1: THE HUMAN RIGHTS SITUATION IN THE OPT ................................................................................................................ 15E ecutive Summar .......................................................................................................................................................................................................

Recommendations ......................................................................................................................................................................................................Recommendations to the International Communit ...................................................................................................................................27Recommendations to the PNA .............................................................................................................................................................................

Section 1: Israeli Violations o Human Rights and International Humanitarian Law ....................................................................................31Will ul Killings and Other Violations o the Right to Li e and Personal Securit ....................................................................................... 32

Conte ts o Killings ............................................................................................................................................................................................Killings o Children .............................................................................................................................................................................................Killings o Women ...............................................................................................................................................................................................Attacks on Medical Crews ....................................................................................................................................................................................Attacks on Journalists ...........................................................................................................................................................................................

Ongoing Polic o Total Closure and Violation o the Right to Freedom o Movement .........................................................................48Aggravation o the Humanitarian Crisis during Israels O ensive on the Gaza Strip ........................................................................ 49Restrictions on the Freedom o Movement during Israels O ensive on the Gaza Strip ................................................................. 49Blocking the Reconstruction o the Gaza Strip ............................................................................................................................................... 50Restrictions on the Freedom o Movement in the West Bank ...................................................................................................................51

Arrests, Torture and Other Forms o Cruel and Inhuman Treatment ............. ............ ............. ............. ............ ............. ............. ............ ....... 54 Torture and Ill-Treatment ............. ............ ............. ............. ............ ............. ............. ............ ............. ............. ............. ............ ............. ............. ..Administrative Detention .....................................................................................................................................................................................

Destruction o Civilian Propert , Including Homes .............................................................................................................................................58Destruction o Civilian Facilities in the Gaza Strip ......................................................................................................................................... 5Destruction o Civilian Propert in the West Bank .........................................................................................................................................73

Settlement Activities and Attacks b Settlers against Palestinian Civilians and Propert ....................................................................74Settlement E pansion ...........................................................................................................................................................................................

Con scation o Palestinian Civilian Propert ................................................................................................................................................... 7E orts to Create a Jewish Demographic Majorit in Jerusalem ...............................................................................................................76Attacks b Israeli Settlers against Palestinian Civilians and Propert .....................................................................................................77

The Anne ation Wall in the West Bank ............ ............. ............. ............ ............. ............. ............ ............. ............. ............ ............. ............. ............Restrictions on the Movement o Palestinian Farmers ................................................................................................................................ 79

The Absence o Justice in the Israeli Legal S stem .............................................................................................................................................. 79Section 2: Palestinian Violations o Human Rights and Obstacles to Democratic Re orm .........................................................................83

Violations o the Right o Li e and Attacks on Personal Securit ....................................................................................................................84Victims during Police Missions ...........................................................................................................................................................................Misuse o Weapons b Known and Unknown Armed Groups .................................................................................................................. 85

Contents


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Using Weapons in Personal and Clan Disputes ..............................................................................................................................................86

E tra-Judicial E ecutions in the Name o Protecting Famil Honor ..................................................................................................... 87Killings o Prisoners and Detainees Who Fled Gaza Central Prison during the Israeli Militar O ensive on Gaza .................87

Arrests, Torture and Other Forms o Cruel and Inhuman Treatment ............ ............. ............ ............. ............. ............ ............. ............. ....... 89 Torture and Ill-Treatment ............ ............. ............ ............. ............. ............ ............. ............. ............ ............. ............. ............. ............ ............. ...

Continued Disruption o the Legislature ................................................................................................................................................................ 9Deterioration o the Judicial Authorit ....................................................................................................................................................................Obstruction o General and Local Elections ..........................................................................................................................................................9

Obstruction o Presidential and Legislative Elections ..................................................................................................................................98Appointments Instead o Elections in Local Councils ................................................................................................................................100

Violations o the Right to Freedom o Opinion and E pression ...................................................................................................................100Violations o the Right to Peace ul Assembl ......................................................................................................................................................1Violations o the Right to Association ....................................................................................................................................................................1 The Death Penalt ...................................................................................................................................................................................................

Political Division Impacting Economic and Social Rights in the Gaza Strip: The Right to Health as an E ample .......................114Halting Financial Coverage or Patients Receiving Medical Treatment in Israeli Hospitals ..........................................................114Con ict over the Medical Re errals Abroad Department ..........................................................................................................................115Obstruction o Travel o Patients Receiving Medical Treatment Abroad .............................................................................................116

PART 2: PCHRS ACTIVITIES IN 2009 .......................................................................................................................................... 119Introduction .....................................................................................................................................................................................................................Activities o PCHRs Units ............................................................................................................................................................................................

Field Work Unit .........................................................................................................................................................................................................Legal Aid Unit..................................................................................................................................................................................................................Democratic Development Unit ................................................................................................................................................................................1Womens and Childrens Rights Unit .......................................................................................................................................................................1Economic, Social, and Cultural Rights Unit ..........................................................................................................................................................18

Training Unit ...........................................................................................................................................................................................................International Unit .......................................................................................................................................................................................................

Advocac and Lobb ing Activities ................................................................................................................................................................................Participation in International and Regional Con erences and Meetings ..................................................................................................220Visiting International Delegations and Figures ..................................................................................................................................................225Interviews with Local and International Media in 2009 ..................................................................................................................................235

PCHRs Publications in 2009 .........................................................................................................................................................................................PCHRs Web Site www.pchrgaza.org ......................................................................................................................................................................... The Librar .................................................................................................................................................................................................................


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12 Annual Report 2009


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PALESTINIAN CENTRE FOR HUMAN

Annual Report 2009

This report is the outcome o PCHRs activities in 2009. PCHR has published annual reports since 1997.

PCHRs 2009 Annual Report is divided into two sections:

Part Oneprovides a comprehensive picture o the human rights situation in the Occupied Palestinian TerritorOPT rom 1 Januar to 31 December 2009. It is divided into two sub-sections:

Violations of international human rights and humanitarian law perpetrated by the Israeli Occupation Forces (IOF) inthe OPT; and

Human rights violations perpetrated by the Palestinian National Authority (PNA) and obstacles to democraticre orm in the PNA.

Part Twodocuments all o PCHRs activities rom 1 Januar to 31 December 2008. It covers activities b PCHR and itsunits carried out at the local and international levels over the course o the ear.

PCHRs 2009 nancial report, which is prepared b an independent pro essional auditing institution, will be published

as a separate document.

PCHR hopes that this report will contribute to the struggle or human rights b providing a comprehensive picture o the human rights situation in the OPT. It also hopes that relevant parties will ollow the recommendations mentionedin this report, especiall those recommendations directed at the international communit and the PNA. This reportserves as a guide or PCHRs uture work and also re ects PCHRs strong belie in the importance o transparenc ora non-pro t, non-governmental organization providing services to the communit . It should also serve as a call orvictims o human rights violations to approach PCHR or advice and assistance.


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14 Annual Report 200914 Annual Report 2009


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PART 1THE HUMAN RIGHTSSITUATION IN THE OPT



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Israels o ensive on the Gaza Strip (27 December 2008 18 Januar 2010) was the major issue in the

record o human rights and international humanitarian law violations in the Occupied Palestinian Territor (OPT) in 2009. As the ear ended, the impact o the o ensive which was the bloodiest in 42ears o Israeli occupation and even since the Palestinian Nakba in 1948, when the Palestinian people

were uprooted rom their land were still being elt, placing a heav burden on the Palestinian civilianpopulation in the Gaza Strip. Scenes o destruction caused b Israeli air, sea and land bombing o civilian acilities, including thousands o homes, hundreds o public buildings, civil police stations,hospitals and in rastructure, remained even at the end o the ear. Tens o thousands o Palestiniancivilians were struggling to rebuild their normal lives, in spite o sustaining permanent disabilities,losing loved ones or becoming homeless. The su ering o Palestinian civilians was exacerbated bthe continued illegal closure o the Gaza Strip imposed b Israeli Occupation Forces (IOF). The closure,which constitutes a orm o collective punishment, violates numerous undamental human rights,including the reedom o movement o persons and goods, and the right to adequate shelter, interalia b den ing Palestinian civilians their right to reconstruct the thousands o homes and buildingsdestro ed during Israels o ensive on the Gaza Strip. The deteriorating humanitarian situation took priorit over the Palestinian political scene, especiall in the Gaza Strip, where meeting the basicneeds o the Palestinian civilian population became a priorit at the expense o the national causeand the broader civil and political rights o the Palestinian people.

In the West Bank, the situation was no better than in the Gaza Strip, as Israel continued settlementactivities and attempts to perpetuate an apartheid s stem, turning Palestinian communities intoscattered Bantustans. Additionall , IOF continued to take measures aimed at consolidating theillegal annexation and isolation o East Jerusalem through the creation o a Jewish demographicmajorit in Jerusalem.

Over the course o 2009, the same actors that led to the deterioration o the human rights situationin the past 4 ears - since the parliamentar election o Januar 2006 - continued to be relevant,causing urther deterioration to the human rights situation and overall humanitarian conditions.IOF continued to perpetrate grave violations o human rights and international humanitarian lawacross the OPT, including will ul killings and violations o the right to li e; collective punishmentpolicies represented b a tightened closure and severe restrictions on the right to reedom o movement; detention and torture o Palestinians; continued settlement activities and attacks b

PART 1: THE HUMAN RIGHTS SITUATION IN THE OPT

Executive Summary


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ExECUTIVE SUM

Israeli settlers; and continued construction o the Annexation Wall inside the West Bank territor . Israel continued to

violate its binding legal obligations under international law. Israel did not act as a State o law while the internationalcommunit , particularl the High Contracting Parties to the Geneva Conventions and the United Nations, ailed tointervene to stop violations o human rights and prosecute the alleged perpetrators. The silence o the internationalcommunit has contributed to a climate o pervasive impunit whereb Israel is allowed to violate international lawwithout consequence.

The international communit went even urther and e ectivel participated in imposing sanctions on Palestiniancivilians through a nancial bo cott o the Palestinian government that was established ollowing the Januar 2006Palestinian parliamentar elections. Instead o making Israel accountable or its crimes against Palestinian civilians, theinternational communit imposed sanctions on Palestinian civilians who have been under belligerent occupation ormore than our decades, a measure that is unprecedented in the histor o international relations. Furthermore, theinternal political con ict and separation between the West Bank and the Gaza Strip have been major actors leading tothe exacerbation o an alread dire human rights situation. The vast majorit o human rights violations at the internallevel were attributed to the con ict between the Hamas and Fatah movements, and included measures taken b thetwo governments and their securit services in Gaza and Ramallah against members o the opposing movement.

In 2009, IOF committed crimes against Palestinian civilians in the OPT in a manner unprecedented since 1967, whenIOF rst occupied the West Bank and Gaza Strip. IOF killed 1,092 Palestinians, including 831 civilians. The civilian victimsincluded 305 children and 101 women. O all victims, 1,066 Palestinians (97.6% o the total number o victims) werekilled in the Gaza Strip, mostl in the Israeli o ensive, which took place between 27 December 2008 and 18 Januar2009. During that o ensive, IOF killed 1,419 Palestinians, including 1,013 individuals 1 who were killed in the rst 18da s o 2009. Additionall , 5,200 Palestinians were wounded in 2009, mostl during the o ensive. Thus, the number o Palestinians killed b IOF and Israeli settlers in the West Bank and the Gaza Strip rom September 2000 until the end o December 2009 totals 6,520, including 4,955 civilians; tens o thousands o others have been wounded.

In spite o the end o Israeli militar operations in Gaza on 18 Januar 2009, and the e ective cessation o militaroperations b Palestinian resistance groups, IOF continued to commit violations against the population o the GazaStrip; a ter the cease re 47 Palestinians were killed, including 26 civilians, 7 o whom were children. Twelve o thesecivilians were killed at time o complete calm b Israeli snipers in bu er zones in the east and north o the Gaza Strip,

1 This number does not include 8 Palestinians who died in the rst 18 da s o 2009 o wounds the had sustained be ore Israels o ensiveon the Gaza Strip.


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and 5 others were killed when IOF targeted and bombed tunnels along the border between the Gaza Strip and Eg pt.

In the West Bank, IOF killed 18 Palestinians, including 15 civilians, 6 o whom were children. Israeli settlers killed 3Palestinian civilians, including two children. All civilian victims were killed at times when the did not pose a threatto the lives o Israeli soldiers, including during protests against the con scation o Palestinian land or incursions intoPalestinian communities.

According to investigations conducted b PCHR, IOF used excessive and disproportionate orce against Palestiniancivilians, who are recognized as protected persons under international humanitarian law. In particular, IOF disregardedthe principles o distinction and proportionalit . There is also evidence that IOF carried out retaliator actions againstPalestinian civilians. These acts are re ected in the high number o Palestinian civilians killed b IOF over the ear. These civilians were killed when the did not pose an threat to the lives o Israeli soldiers. There were killed when IOFbombed homes, civilians acilities and vehicles; extra judiciall executed Palestinian activists; and conducted incursionsinto Palestinian communities.

In 2009, IOF continued to impose a tightened closure o the OPT, especiall o the Gaza Strip where Palestinian

civilians were denied access to their basic needs with regard to ood, medicine, uel, electricit and other necessarcommodities. IOF continued to impose severe restrictions on the movement o Palestinian civilians and goods. Thetotal closure imposed b IOF on the Gaza Strip has le t a disastrous impact on the humanitarian situation and hasviolated the economic and social rights o the Palestinian civilian population. It has also paral zed most economicsectors, resulting in the emergence o a man-made, and completel preventable, humanitarian crisis. The memberso the international communit , especiall the High Contracting Parties to the 1949 Geneva Convention Relative o the Protection o Civilian Persons in Time o War, have shame ull ailed to take the action necessar to ensure Israelsrespect or the Convention in the OPT, the ul llment o which would include li ting the closure and ending policieswhich violate the economic, social, civil and political rights o the Palestinian civilian population.

IOF continued to prevent the Palestinian civilian population

rom entering Israel, including patients seeking medicaltreatment and individuals with emergenc humanitarianneeds. The also continued to prevent thousands o Palestinian civilian who stud or work abroad romtraveling. Over the ear, IOF continued to impose additionalrestrictions on movement within the West Bank, includingJerusalem, through at least 600 militar checkpoints andbarriers, turning Palestinian communities into isolatedBantustans. IOF also imposed urther restrictions ontravel through al-Karama International Crossing Point(also known as Allenb or King Hussein Bridge), on the

Jordanian border. The decreased working hours at thecrossing point and practiced inhuman and degradingtreatment against Palestinian civilians.

The humanitarian crisis in the OPT, especiall in the GazaStrip, was aggravated in 2009. Unemplo ment rates in theOPT as a whole amounted to nearl 40%, with an evenhigher rate o 55% in the Gaza Strip, where povert ratesexceeded 80%. Various estimates indicate that at least 1.3



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million Palestinians in the OPT live in povert . The income o the Palestinian labor orce has decreased continuousl , asthe individual income per annum in the rst three ears o the second Inti ada (uprising) dropped b 32%, a decreasethat peaked at the end o 2009, reaching 45%. Additionall , the Palestinian gross national product has sharpldecreased, a ecting all economic sectors.

B the end o 2009, at least 9,381 Palestinians, including 310 children and 34 women, remained in Israeli custod indetention acilities mostl inside Israel, in violation o article 76 o the Fourth Geneva Convention, which obligates theoccup ing power to detain persons rom occupied territor in that territor . The number o prisoners rom the GazaStrip is at least 855. Additionall , IOF have continued to detain hundreds o Palestinians rom Jerusalem and those wholive inside Israel.

In 2009, IOF continued to arrest Palestinians during house raids, especiall in the West Bank, and incursions intoPalestinian towns, villages and re ugee camps across the West Bank and Gaza Strip. Hundreds o Palestinians werealso arrested at Israeli militar checkpoints and roadblocks. In 2009, IOF arrested approximatel 5,000 Palestinians,including 1,000 rom the Gaza Strip.

In addition, arrest campaigns continued to target political leaders and representatives o the Palestinian people. Bthe end o 2009, IOF continued to detain at least 26 members o the Palestinian Legislative Council (PLC), the majorito whom are o the Change and Re orm parliamentar bloc o Hamas, even though Dr. Aziz al-Dweik, Speaker o thePLC, was released.

IOF also arrested a number o civil societ activists or their work in de ending human rights.

Palestinian prisoners are detained under harsh conditions, including the denial o access to medical care, contributingto deterioration o their health conditions, especiall among those who su er rom chronic and serious diseases. Manare also denied amil visitation; prisoners rom the Gaza Strip have been denied amil visitation or our ears andprisoners rom the West Bank have been given the opportunit o amil visitation onl sporadicall . Man prisoners

are detained in solitar con nement or prolonged periods o time.

PCHR documented testimonies given b a number o released detainees who were arrested b IOF during the militaro ensive against the Gaza Strip, con rming that the were subjected to ph sical and mental torture during detention.Some were handcu ed and blind olded near tanks in areas o ongoing militar clashes, in disregard o internationalhumanitarian law. Others were quoted as sa ing that the su ered rom severe cold, starvation, were orced to sleepin the open and were subjected to insults and beating with gun butts. Some reported Israeli extortion and pressure ondetainees in attempts to orce them to collaborate with IOF in exchange or their release.

In the course o Israels o ensive on the Gaza Strip, IOF wantonl and extensivel destro ed Palestinian civilian propert ,including homes, agricultural lands, as well as health, educational, religious and economic acilities. During the

o ensive, IOF attacked some propert several times. IOF attempted to destro most civilian acilities o the PalestinianNational Authorit (PNA), located in densel populated areas. PCHR documented numerous aerial and land attacksthat targeted medical acilities, including hospitals, clinics and civil de ense centers, and medical personnel. Dozens o medical acilities were destro ed or heavil damaged when the were directl attacked b IOF or when nearb targetswere attacked.

The widespread destruction o homes and residential buildings during Israels o ensive on the Gaza Strip lead to theorced migration o thousands o civilians. Thousands o Palestinians had to leave their homes in order to escape

death. PCHR eld workers reported that approximatel 450,000 individuals had to leave their homes looking or secure

ExECUTIVE SUM


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shelters, causing man to recall scenes o the orced mass migration o the Palestinian people in 1948.

According to PCHRs documentation, 2,116 homes were completel destro ed; these contained 2,881 housing units,in which 3,253 amilies counting 18,750 individuals used to live. Additionall , 3,277 houses were partiall destro ed(rendered uninhabitable); containing 4,925 housing units, in which 5,483 amilies counting 32,703 individuals live; at least16,000 urther homes were damaged. In total 51,453 civilians were orced to leave their homes as a result o destruction.

In the West Bank, IOF continued to demolish Palestinian houses in Area C areas under ull Israeli control ollowingthe Oslo Accords. In 2009, this polic was ocused on occupied East Jerusalem, where IOF have demolished Palestinianhomes under various pretexts, including the lack o building licenses.

In 2009, IOF demolished 134 houses in the West Bank, including 83 houses in East Jerusalem. The urther orced 23Palestinian civilians in East Jerusalem to demolish their own houses. Thus, the number o houses destro ed in the WestBank amounted to a total o 157.

The Israeli government, its occupation orces and settlers living in the OPT in violation o international law have

continued activities o settlement expansion in the West Bank. Armed Israeli settlers, protected b IOF, have alsocontinued to commit crimes against Palestinian civilians and propert . In 2009, Israeli settlers increased their attacksagainst Palestinian civilians and propert , especiall ollowing the inauguration o a new Israeli government led bBenjamin Netan ahu.

Over the course o the ear, Israeli occupation authorities and their civilian wings, such as the Municipalit o Jerusalem,the Ministr o Housing, the Ministr o Interior and the Higher Planning Council, invited bids or the construction o 3,400 housing units in the OPT. The also began construction o a new settlement neighborhood in the south o Jerusalem, a new settlement between Maale Adumim settlement and Jerusalem, as well as a new housing unitsin the Jabal al-Mukaber neighborhood o Jerusalem. The urther expanded Gilo settlement and completed thein rastructure o the E1 Project. 2

Over the ear, IOF con scated and/or leveled at least 6,540 donums 3 o land across the West Bank; this gure includesareas o land annexed b Israeli settlers. These gures do not include closed militar areas, such as the Jordan Vallealong the eastern border o the West Bank.

In 2009, attacks b Israeli settlers against Palestinian civilians and propert continued. Such attacks included shootings,running down civilians with vehicles and destruction o or damage to civilian propert . In 2009, PCHR documented233 attacks b Israeli settlers against Palestinian civilians and propert , in which 3 Palestinian civilians, including twochildren, were killed.

IOF have continued to construct the Annexation Wall inside the territor o the West Bank in violation o international

humanitarian law and the 9 Jul 2004 Advisor Opinion issued b the International Court o Justice in The Hague.Over the past 8 ears, IOF have completed the construction o a large portion o the Wall, which is being constructedpredominantl inside West Bank territor rather than along the Green Line. 4 Facts on the ground demonstrate that

2 In March 2005, a settlement plan was unveiled. Under the plan, 3,500 housing unit would be built in the area known as E1 to create a geographicalcontiguit between Jerusalem and Maale Adumim settlement, the largest settlement in terms o land in the West Bank. The implementation o the plan would divide the West Bank into two separate par ts without geographical contiguit .3 One donum is equal to 1,000 square meters.4 The Green Line is the line separating between Palestinian territories and Israel, established b the United Nations under the 1949 truce ollowingthe 1948 war between Arab countries and Israel.



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Israel, which cites securit reasons, has made the wall in order to create acts on the ground, i.e. a border to benegotiated with Palestinians who aspire to establish their state within the pre-1967 borders.

The Israeli judiciar has continued its traditional role o legitimizing the policies o the Israeli occupation. In thiscontext, the Israeli High Court rejected a number o petitions submitted b Palestinian civilians against the con scationo their lands or the purpose o the construction o the Wall. In ver rare cases, the court ordered slight changes toroutes o the Wall, but not all such changes have been implemented.

IOF have imposed severe restrictions on the movement o Palestinians on both sides o the Wall. In 2009, IOF imposedadditional restrictions on the movement o Palestinians.

IOF reduced the hours during which gates established along the Wall are opened, restricting access o Palestinianarmers to their agricultural lands, which are isolated behind the Wall. During the season o olive cultivation, IOF

imposed a strict s stem o restrictions on the movement o Palestinian armers. The IOF Civil Administration stipulatesthat Palestinian armers must obtain permits to be allowed to reach their agricultural land be ond the Wall. To beable to obtain a permit, a armer must be the registered owner o a tract o land, which is almost unachievable due to

complications with land registr resulting rom the periods o British, Jordanian, and Israeli rule, or example most o agricultural lands are registered under the names o deceased people (the registries have not been updated) and theirheirs do not all live in the West Bank.

The construction o the Wall has resulted in new movement restrictions or Palestinians living near the route o the Wall,in addition to the widespread restrictions that have been in place since the outbreak o the second Palestinian Inti ada. Thousands o Palestinians have difculties accessing their elds and marketing their produce in other areas o the WestBank. Farming is a primar source o income in the Palestinian communities situated along the Walls route. The harmto the agricultural sector is bound to have drastic economic e ects on the residents whose economic situation isalread ver difcult and drive man amilies into povert .

The impact o restrictions on the movement o Palestinians living near the Wall has not been limited to the agriculturalsector, but includes numerous other aspects o li e. Palestinians access to medical care, education and their relativeshas been restricted, as Palestinians are required to obtain permits to move through gates established on the Wall,which are operated under a strict securit s stem. IOF o ten close these gates or no apparent reason.

The Israeli legal s stem is undamentall biased against Palestinians. The s stem itsel , including mechanisms o investigation adopted b the Israeli militar , are biased and partial. While Israel has initiated investigations intothe events o Operation Cast Lead, the number o investigations initiated comprises onl a raction o the overallcomplaints submitted.

Additionall , these investigations all ar short o accepted international standards. In accordance with its obligations

under international law, Israel must investigate and bring to justice and punish those responsible or crimes, provide ane ective remed or victims, provide air and adequate compensation, and establish the truth. Israeli investigations ailto meet these ve basic requirements. Investigations also ail to meet international standards as regards independenceo the judiciar based on the separation o powers principle the need or timel investigation and prosecution, andthe need or investigations to be conducted outside the militar hierarch in order to ensure a air and independentinvestigation and prosecution. Simpl put, justice or Palestinians is unattainable in this biased and partial s stem.

In light o this realit , PCHR, in cooperation with a number o international legal and human rights organizations, hasturned to the pursuit o universal jurisdiction. This legal principle empowers national courts, acting as agents o the

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international communit , to tr and prosecute those accused o international crimes which include grave breacheso the Geneva Conventions, crimes against humanit , genocide and torture no matter where these crimes occurred. The pursuit o universal jurisdiction orms a longstanding component o PCHRs legal strateg . In 2009 a number o lawsuits were pursued, and the existing legal network strengthened and extended.

The United Nations, and individual member States o the international communit notabl the High ContractingParties to the Geneva Conventions o 1949 are under an obligation to uphold international law; b granting Israelimpunit , the international communit is violating its own legal obligations (see Article 1, Fourth Geneva Convention)and becoming complicit in the crimes o the occupation. The Report o the United Nations (UN) Fact Finding Missionon the Gaza Con ict, which was headed b Justice Richard Goldstone, provided an opportunit to en orce the law andprosecute senior ofcials suspected o committing war crimes and other serious violations o international law. TheReports recommendations laid out speci c, detailed, and realistic mechanisms o accountabilit ; these recommendationshave been undermined b the international communit both at the capital and United Nations level. To-date, politicalconsiderations have been placed above the requirements o the rule o law, at the expense o victims rights.

The United Nations Fact Finding Mission was established b the Human Rights Council with Resolution S-91/. The

mission conducted extensive investigations into violations o international humanitarian law and international humanrights law perpetrated b Israel and Palestinian armed groups as well as the authorities in the Gaza Strip and the WestBank, including East Jerusalem. The Missions conclusions con rmed the conclusions o investigations conducted bPalestinian, Israeli and international human rights organizations, and re uted Israels claims that its militar and politicaloperations were conducted in accordance with international law. The Mission concluded that Israel was responsible

or perpetrating grave breaches o the Geneva Conventions, war crimes and serious violations o international humanrights law and humanitarian law. It also ound enough evidence to indicate that crimes against humanit might havebeen committed.

Over the last quarter o 2009, persistent e orts were made to undermine the report in the UN Human Rights Council,General Assembl and Securit Council. The rst o these attempts came in the Human Rights Council in September,

and it gained momentum due to the political hesitation o the Palestine Liberation Organization, the agendas o some in uential States in the United Nations that oppose accountabilit ; such actions amounted to an insistence toignore victims o Israels o ensive in the Gaza Strip. In response to international pressure, on 2 October 2009, thePalestinian leadership requested dela ing the vote on a dra t resolution in the Human Rights Council endorsing therecommendations o the report prepared b the UN Fact-Fining Mission (the Goldstone Report).

PCHR and other human rights organizations condemned this dela , which denies the Palestinian people their right toe ective judicial remed , equalit in the protection o law and places politics above human rights, demeaning victimsand their rights.

In response to civil-societ and communit pressure, the Palestinian leadership sought to convene a special session

or the Human Rights Council to consider the report. On 16 October 2009, the 12th Special Session o the UN HumanRights Council issued a Resolution condemning illegal acts o Israel, as an occup ing power, especiall its illegalannexation o East Jerusalem, and endorsing the conclusions and recommendations o the Goldstone Report. ThisResolution constituted a victor or human rights and the rule o law, and a rst step towards achieving justice andaccountabilit , supporting victims rights and holding accountable those responsible or perpetrating serious violationso international law.

Nevertheless, e orts to diminish the report in the UN General Assembl continued. In mid-November 2009, the GeneralAssembl convened to discuss the report, and a dra t resolution to consider the report was approved. It became clear



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that the dra t resolution was an attempt to ensure enough support or a meaningless resolution that ailed to protectthe rights o victims and achieve accountabilit . While the dra t resolution addresses some o these demands, it doesnot include an e ective steps to implement the recommendations o the Goldstone Report, and does not ensuree ective judicial remed or victims.

Impunit must not be allowed to prevail, and it is unacceptable that international law be subject to the whims o

international politics; depriving people all over the world o their basic rights. We, as Palestinians and representativeso victims o human rights violations, call or justice in order to create an environment appropriate to achieving peacein the uture. In light o the ailure to hold Israel accountable or the human rights violations it perpetrates in the WestBank and the Gaza Strip, and the indecisive international position towards the Goldstone Report, we believe that thehuman rights situation in the OPT will deteriorate urther.

* * * * *

Political division and con ict in the Palestinian National Authorit constituted a major motive or human rightsviolations and the obstruction o democratic re orm in 2009. E orts to achieve national reconciliation, which PCHRsupports and has contributed to, have ailed to end the political division and restore national unit . Currentl the

Palestinian Legislative Council is paral zed, while the political division is mani ested in the existence o two Palestiniangovernments, with separate police and securit services and two judiciaries. Throughout the ear, the state o political ragmentation imposed a heav burden on the work and per ormance o thePLC, which was completel unable to carr out its important role in enacting legislation, and monitoring and holdingaccountable the executive. In Gaza, the Change and Re orm Bloc o Hamas has continued to hold sessions o the PLCsince November 2007, claiming that such sessions were legal. Since then, the Change and Re orm Bloc has discussed,rati ed and issued a number o laws, without rati cation b the PNA President. In Ramallah, Palestinian PresidentMahmoud Abbas has continued to issue Presidential decrees that have the power o law without presenting them to

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the PLC. PCHR has expressed reservations regarding the adoption o regulations b the PNA under the ongoing stateo ragmentation. During the ear, a number o PLC Members in the West Bank and the Gaza Strip were subjected to attacks b Palestiniansecurit services, including beating and restrictions on their movement in violation o the Basic Law.

On 23 June 2009, IOF released Dr. Aziz al-Dwaik, PLC Speaker. However, Dr. al-Dwaik was unexpectedl prevented romresuming his work, and rom even entering the ofces o the PLC in Ramallah, b a Palestinian decision.

The political ragmentation and con ict in the PNA impacted the judiciar , as two separate judicial s stems have beenen orced in the West Bank and the Gaza Strip. The government in Gaza established a separate s stem, with jurisdictionover the population o the Gaza Strip, in violation o the Basic Law, while the judicial s stem in the West Bank appliesonl to those who live in the West Bank. In 2009, the government in Gaza dismissed the acting Attorne General inGaza and appointed a new one, in violation o the Basic Law.

In the West Bank, the executive has continued to control the judiciar , which undermines its dignit and independence.

The militar prosecution has continued to usurp the authorities o the Attorne General, and the executive hascontinued to disobe court rulings, particularl with regard to the release o political prisoners.

The political split and con ict in the PNA impacted the process o democratic re orm in 2009; this includes the act thatgeneral and local elections were not carried out. The ear 2009 ended without an real preparations or the holding o presidential, legislative and local elections in accordance with the legal schedules, or even an agreement between theparties o the con ict on dates or holding such elections. With the end o 2009 and the beginning o 2010, the publicauthorization o ered b the Palestinian people to their representatives expires, and no politician can now claim to holda democratic mandate or to represent the will o the public.

On 23 October 2009, Palestinian President Mahmoud Abbas announced that he was issuing a decree calling or ree and air

presidential and parliamentar elections in the PNA to be held on Sunda , 24 Januar 2010. PCHR issued a position paperon the a orementioned presidential decree, 5 in which it stressed that elections are a demand o all national powers andcivil societ groups However, elections are not possible be ore a comprehensive national reconciliation has been reachedthat can end ragmentation and restore the dignit o the legislative, executive and judicial institutions o the Palestiniangovernment, all o which have been a ected b the crisis and have come to re ect the state o political ragmentation.PCHR urther pointed out that elections require an appropriate electoral environment, including the upholding o public

reedoms; the release o political prisoners; li ting the ban imposed on political activities (those imposed on Hamas in theWest Bank and on the Fatah movement in the Gaza Strip); reopening hundreds o closed associations; respecting press

reedoms and ree expression; and allowing all print, visual and audio mass media to work reel .

In light o Hamas rejection o elections be ore reaching a national reconciliation, on 12 November 2009, the Central

Elections Commission met to discuss all aspects o the situation. It ound that it cannot hold elections nationwide onthe assigned date.

Elections or the local councils have constituted another setback in the process o democratic re orm in the PNA. B theend o 2009, the PNA had ailed to organize elections or local councils, whose term in ofce had expired.

5 Reconciliation Is a Prerequisite or Elections; Presidential Decree is Constitutionall Sound, But Inappropriate and Impossible withoutReconciliation, Position Paper, 25 October 2009.



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In 2009, the two governments in Ramallah and Gaza continued to appoint local councils. In Gaza, the governmentappointed local councils or major towns, where elections had not been held, such as Gaza Cit , Khan yunis andal-Nussairat. It appointed new councils to replace those whose legal term had expired. In the West Bank, the PNAcontinued to appoint local councils in areas where elections had not been held, and replaced some local councils withnew councils politicall afliated with the government, in violation o the law.

In 2009, violations o the right o li e and attacks on personal securit in the OPT continued. In 2009, 115 Palestinians,including 13 children and 14 women, were killed b Palestinian actors and at least 280 others were wounded. Themajorit o victims were killed in the Gaza Strip, where 94 Palestinians were killed.

In 2009, 37 Palestinians (28 in the Gaza Strip and 9 in the West Bank), including 7 securit ofcers and two children,were killed during law en orcement operations carried out b Palestinian securit services against armed groups in theWest Bank and the Gaza Strip. Law en orcement ofcials used excessive orce during those operations. Regrettabl , noinvestigation was conducted into these incidents, especiall in serious attacks such as the killing o 3 wounded personswho were being evacuated in ambulances, and no legal action was taken against the attackers.

In 2009, 40 Palestinians, including 9 children and 4 women, were killed and at least 140 others were wounded as aresult o the misuse o weapons b known and unknown armed groups, in the context o the state o lawlessnessplaguing the OPT.

Weapons continued to be emplo ed in personal and clan. In 2009, 11 Palestinians, including a child and a woman,were killed, and 25 others were wounded in personal and clan disputes.

In 2009, 13 Palestinians, including 9 women and one child, were killed in the name o protecting amil honor.

In the earl da s o 2009, unidenti ed gunmen killed 5 detainees who ed Gaza Central Prison, which is located inthe Palestinian securit compound (al-Sara a) in the center o Gaza Cit , a ter IOF had bombed the compound on 28

December 2008. A sixth person was killed b unknown persons or allegedl collaborating with IOF. The prisoners whoed included persons sentenced to death or collaboration with Israeli Securit Services or convicted o committing

other criminal o enses.

In 2009, there was a notable increase in the detonation o bombs in cars, shops and institutions. In the last quarter o the ear, the number o such bombings increased notabl , targeting internet ca s, shops and charitable organizations.

Illegal arrests and crimes o torture continued in 2009 under the state o political ragmentation in the PNA. Severalpolitical leaders and eld operatives o the Fatah and Hamas movements were arrested in mutual reactions o thetwo sides, who did not admit that such arrests were political and claimed that the were based on securit or criminalo enses.

In man cases, arrests are not carried out in accordance with appropriate legal procedures. Sometimes, arrests areconducted b parties that are not authorized or law en orcement, in violation o the Palestinian law, under whicharrests all under the mandate o judicial ofcials, including the civil police, who are under the supervision o theAttorne General. At other times, arrests are conducted b law en orcement ofcials, but without ollowing necessarlegal procedures, including having arrest warrants issued b the Attorne General. Additionall , detainees are held inillegal detention centers, which do not meet the minimum standards o appropriate detention conditions, in violationo the Law o Re orm and Rehabilitation Centers o 1998. In 2009, detention conditions urther deteriorated a ter IOFhad bombed Gaza Central Prison, which orced the prisons authorit to trans er detainees to other prisons that lack

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appropriate detention conditions.

In the Gaza Strip, hundreds o Palestinians, especiall supporters and members o the Fatah movement, were arrestedb securit services o the Gaza government. Mostl , these arrests were based on securit or criminal allegations,such as accusations o involvement in planting explosives targeting securit ofcials in Gaza or public locations, 6

or maintaining contacts with the Ramallah government. Securit services in Gaza waged a wide-scale campaign o arrestsagainst members o an armed group known as Arm o Allahs Supporters (Jund Ansar Allah), ollowing armed clashesbetween members o the group and members o the securit services and the Izziddin al-Qassam Brigades (the armedwing o Hamas) in Ra ah in the southern Gaza Strip, during which 28 persons were killed, including the groups leader.

In the West Bank, Palestinian securit services waged arrest campaigns against activists and supporters o Hamas,including senior leaders and PLC members. Such arrests were based on allegations o possession o weapons, ormingarmed groups, establishing an executive orce aimed at disrupting public order, or maintaining contacts with the Gazagovernment. In the second week o Ma 2009, securit services in the West Bank waged an arrest campaign againstsupporters o Islamic movements, especiall o Hamas, in the West Bank. According to a number o released detainees,those arrested were subjected to torture b interrogators.

In the majorit o cases o detention in the West Bank and the Gaza Strip against members o the Hamas and Fatahmovements, respectivel , detainees were subjected to several methods o torture and ill-treatment. Such methodsincluded: insults; beating using batons, sharp tools, eet and hands; t ing the eet and hands to a chair and beatingwith batons or wires; and other methods. PCHR received man complaints rom Palestinians who had been detainedb the two governments in Gaza and Ramallah, stating that the were subjected to various methods o torture andill-treatment. In man cases, detainees were taken to hospitals as the had been subjected to extreme torture indetention centers.

In 2009, 9 detainees died in prisons and detention centers in the West Bank and the Gaza Strip; 5 detainees died in theGaza Strip and 4 others died in the West Bank. PCHR is concerned that those people died as a result o being tortured

during their detention b securit services. PCHR calls or investigations o these deaths, the publication o the resultso investigations, and i it is concluded that a crime was committed, or that there was a ailure to protect detainees incustod the prosecution o those responsible in accordance with the law.

In 2009, violations o the right to peace ul assembl were reported, the majorit o which were carried out againstactivists o the Fatah movement in the Gaza Strip and activists o Hamas in the West Bank, re ecting the political

ragmentation in the PNA. The two governments in Gaza and Ramallah, through their securit services, imposedsevere restrictions on the right to peace ul assembl .

Restrictions on the right to peace ul assembl peaked in the last three weeks o the ear, as both the Hamas andthe Fatah movement celebrated the anniversaries o their establishment. On the eve o the 22nd anniversar o the

establishment o Hamas, Palestinian securit services in the West Bank waged a campaign o arrests, during which thearrested dozens o members and supporters o Hamas. The Preventive Securit Service and the General IntelligenceService arrested members o Hamas in numerous locations across the West Bank.

During the last week o December 2009, securit services in Gaza took a series o measures against activists o the FatahMovement in the Gaza Strip to prevent them rom commemorating the 45th anniversar o the establishment o themovement on 1 Januar . The arrested dozens o Fatah activists and a number o detainees were violentl beaten and

6 This does not include those who were convicted and tried be ore courts.



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subjected to inhuman and degrading treatment.

Over the course o the ear, restrictions and assaults on the right to reedom o association continued at various levelsin disregard or the relevant legislation, and even pursuant to the political agendas o both parties o the ongoingcon ict. Such restrictions and assaults included inter erence with the internal a airs o associations b replacing theirboards especiall those afliated to the other part o the con ict with appointees o the governments in violationo the law, and attacks b securit services, including raids and searches o ofces.

In 2009, the issue o application o the death penalt in the PNA saw a negative development, as an increasing numbero death sentences was issued; Palestinian militar courts in the West Bank and the Gaza Strip issued 17 death sentences(14 in the Gaza Strip and 3 in the West Bank). Thus, the ear 2009 has been the worst since the establishment o thePNA with regard to death penalt sentences; 17% o death sentences issued since the establishment o the PNA in1994 were issued in 2009. However, PCHR expresses its satis action that the Palestinian President has not rati ed ano these sentences and hopes that his abstention rom rati cation will be a step towards stopping the application o the death penalt . PCHR is extremel concerned about repeated statements b ofcials in the Gaza government withregard to the application o the death penalt , and calls upon the government not to approve death sentences.

The political crisis in the PNA, including the con ict o authorities between the two Palestinian governments in Gazaand Ramallah, has negativel impacted the alread deteriorated economic and social conditions o the Palestinianpopulation in the Gaza Strip. In Januar 2009, the Ramallah Ministr o Health ceased the re erral o Palestinian patientsto Israeli hospitals. This decision was taken in light o the requirement imposed b Israeli occupation authorities thatthe Palestinian Authorit cover all treatment expenses. As a result, hundreds o Palestinian patients, especiall cancerpatients who are in need o chemotherap , radiolog and bone marrow transplants, ound their treatments interruptedwithout an suitable medical alternatives. On the a ternoon o 22 March 2009, the Ministr o Health in Gaza took controlo the Department o Medical Re errals Abroad. Ofcials rom the Gaza Ministr o Health demanded that the directoro the Department relinquish control o all ofces in the Gaza Strip. Such measures, and the suspension o work in theDepartment led to the death o a number o patients, and the deterioration o the health condition o others.

Recommendations

This section details PCHRs recommendations to the international communit and the PNA. PCHR expresses its hopethat the international communit will take PCHRs recommendations into consideration and take e ective steps toen orce international law. PCHR also hopes that the PNA, including both governments in Gaza and Ramallah, will work towards realizing these recommendations in the context o its responsibilities.

Recommendations to the International Community1. PCHR calls or the implementation o all recommendations contained in the Report o the UN Fact-Finding Mission

on Gaza Con ict (the Goldstone Report) through:A- Urging the UN Securit Council to endorse the report and immediatel implement all accountabilit mechanisms

included in it, particularl re erring the situation to the International Criminal Court according to Chapter 7 o the UN Charter i the Israeli and Palestinian sides ailed to conduct impartial investigations; and

B- Demanding that the Swiss Government, the Depositor o the Geneva Conventions, call or a con erence o theHigh Contracting Parties to the Conventions.

2. While PCHR condemns the narrow ocus o relevant United Nations Resolutions, it is through these mechanismsthat the Report must be implemented, PCHR call on the Council to address whether relevant parties conducted

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investigations and to re er these ndings to the General Assembl .

3. PCHR calls upon the Quartet (the United Nations, the United States, the European Union and the Russian Federation)to take a clear position and e ective steps towards li ting the illegal closure o the Gaza Strip.

4. PCHR calls or taking e ective steps to stop collective punishment measures against Palestinian civilians, who are

protected under international law, and to li t the strict siege, which has been imposed b IOF on the Gaza Stripsince June 2006 and was still ongoing in 2009.

5. PCHR calls upon the High Contracting Parties to the Fourth Geneva Convention to ul ll their legal and moralobligations, including ensuring Israels respect or the Convention in the OPT in accordance with Article 1. PCHRbelieves that the international silence with regard to grave breaches o the Convention perpetrated b IOF in theOPT serves to encourage Israel to act as a state above law and results in the perpetration o more grave breaches.

6. PCHR demands that the international communit assume its responsibilities with regard to the process o reconstruction in the Gaza Strip ollowing Israels o ensive, including unding this process, and to pressurize Israelto open border crossings o the Gaza Strip to allow the entr o necessar construction materials.

7. PCHR emphasizes that the Israeli occupation o the Gaza Strip remains e ective in its ph sical and legal orms inspite o the implementation o the Disengagement Plan, which is a orm o redeplo ment o IOF rather an end to

occupation in the Gaza Strip. Accordingl , the legal status o the Gaza Strip has not changed, which obligates theinternational communit and organizations to deal with the Gaza Strip as a part o the OPT.

8. PCHR calls upon that the High Contracting Parties to the Fourth Geneva Convention to search or and prosecuteIsraelis responsible or grave breaches, some o which have been de ned as war crimes, as the Israeli judiciar doesnot prosecute them and has even provided legal cover or such individuals in man cases.

9. PCHR calls or and end to all e orts aimed at amending universal jurisdiction laws in European countries to block opportunities o prosecuting alleged Israeli war criminals be ore their judiciaries.

10. PCHR calls upon international civil societ organizations, including human rights organizations, bar associationsand solidarit groups, to lobb against such e orts, which impact the rights o millions o victims throughout theworld who see universal jurisdiction as the onl opportunit or judicial remed and prosecution o war criminals.

11. PCHR highl appreciates international solidarit delegations and their stance during and a ter Israels o ensive onthe Gaza Strip; however, PCHR stresses that IOF are the part that is responsible or denial o their access to theGaza Strip rather than an other part .

12. PCHR calls or taking e ective steps towards dismantling the Annexation Wall being constructed inside West Bank territor . PCHR particularl calls upon the United Nations to take measures that con orm to the Advisor Opinionissued b the International Court o Justice, the highest international judicial bod , in 2004, which considers theWall illegal.

13. PCHR calls upon the international communit to stop the crime o settlement in the OPT, and calls upon all globalcompanies to stop all projects in Israeli settlements.

14. PCHR calls upon the European Union to activate Article 2 o the EU-Israel Association Agreement, which provides thatboth sides must respect human rights as a precondition or economic cooperation between the EU states and Israel.PCHR also calls upon all states to prohibit the import o goods produced in illegal Israeli settlements inside the OPT.

15. As Israel and its occupation orces have continued to impose severe restrictions on access o international solidaritgroups to the OPT and Israel, PCHR calls or ensuring the reedom o movement o international delegationsvisiting the OPT similar to the reedom enjo ed b Israeli citizens abroad.

16. PCHR calls upon the international communit to support e orts aimed at achieving Palestinian nationalreconciliation. It stresses that the bo cott, including re usal to deal with the national unit government thatwas ormed ollowing the Mecca Agreement in Februar 2007, was a major actor that led to internal ghtingand political division within the PNA. Accordingl , the international communit is called upon to make e orts



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to end this situation, to provide explicit guarantees especiall b the European Union to support e orts o reconciliation and accept its results as well as those o an uture elections, so long as the are transparent and air.

17. PCHR reiterates that an political settlement not based on international human rights law and humanitarian lawcannot lead to a peace ul and just solution o the Palestinian cause. Rather, such settlement can onl lead to

urther su ering and instabilit in the region. PCHR calls upon governments and civil societ organizations toimplement the international law at the Palestinian level.

Recommendations to the PNA1. PCHR calls upon the Fatah and Hamas movements to initiate a dialogue to end the current political crisis and end

the division in PNA, which has a ected all components o the Palestinian political s stem and exacerbated theseparation between the West Bank and the Gaza Strip.

2. PCHR calls or the maintenance o the dignit o the judiciar and or e ective measures to ensure its non-politicization in the context o the existing con ict.

3. PCHR calls or on the PNA make e orts to ensure appropriate conditions necessar or holding presidential,parliamentar and local elections.

4. PCHR calls or the reactivation o the legislature b immediatel allowing the Speaker o the Palestinian LegislativeCouncil to assume the responsibilities o his post, and abstaining rom issuing or reezing laws b the Change andRe orm Bloc in Gaza as well as presidential decrees that have the power o laws in Ramallah.

5. PCHR calls or a stop to all political arrests that target activists o the Fatah and Hamas movements in the Gaza Stripand the West Bank, respectivel , ensuring the release o political prisoners, and putting an end to torture and crueltreatment in detention centers administered b securit services in the Gaza Strip and the West Bank.

6. PCHR calls or e ective measures to be taken to end the state o lawlessness plaguing the OPT, which has cost thelives o hundreds o Palestinian civilians.

7. PCHR calls or investigations o all crimes and attacks against citizens and their propert . This includes bringingthe perpetrators to justice, issuing strict instructions to Palestinian law en orcement ofcials banning them orcarr ing their weapons o dut , preventing them rom using weapons to threaten people and violate their rightto li e, and bringing violators o such instructions to justice.

8. PCHR calls or the right o the reedom o expression to be guaranteed, including an end to all attacks against journalists and media institutions, especiall those afliated to parties o the current internal con ict. PCHR urthercalls upon the PNA to re rain rom imposing restrictions on political parties and to ensure pluralism in accordancewith the constitution.

9. PCHR calls or the right o peace ul assembl to be ensured, with regards to all peace ul demonstrations and publicmeetings, provided that the peace ul nature o such activities is maintained.

10. PCHR calls or ensuring the right o association, stopping attacks against associations and partisan ofces,abstaining rom pushing civil societ organizations into an con ict and reopening all associations that wereclosed or political reasons.

11. PCHR calls or the abolition o the death penalt and abstention rom implementing death sentences that havebeen issued so ar.

12. PCHR calls or independent and pro essional investigations into violations o human rights included in theGoldstone Report that meet international standards and the deadlines set b the report.

13. PCHR calls or activating all possible diplomatic and political in uence o the PNA and Palestine LiberationOrganization in the UN General Assembl to ollow up on e orts to implement the recommendations o theGoldstone Report.

14. PCHR calls upon the PNA to adhere to international human rights standards and ensure that all measures it takescon orm to international human rights standards and respect basic rights o citizens.

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Section 1

Israeli Violationso Human Rightsand InternationalHumanitarian Law

This section o the report ocuseson violations o human rightsand international humanitarianlaw perpetrated b IOF againstPalestinian civilians and theirpropert in the OPT in 2009. Itincludes the ollowing subsections:Will ul Killings and Other Violationso the Right to Li e and PersonalSecurit ; Ongoing Polic o TotalClosure and Violation o the Rightto Freedom o Movement; Arrests, Torture and Other Forms o Cruel andInhuman Treatment; Destruction o Civilian Propert , Including Homes;Settlement Activities and Attacks bSettlers against Palestinian Civiliansand Propert ; The Anne ation Wallin the West Bank; and the Absenceo Justice in the Israeli Legal S stem.


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Will ul Killings and Other Violations o theRight to Li e and Personal Security

In 2009, IOF committed crimesagainst Palestinian civilians in the

OPT in a manner unprecedentedsince 1967, when IOF occupied thePalestinian territories. 7 IOF killed1,092 Palestinians, including 831 ci-vilians. The civilian victims included305 children and 101 women. O allvictims, 1,066 Palestinians 97.6% o the total number o victims werekilled in the Gaza Strip, mostl inIsraels o ensive on the Gaza Strip,which took place 27 December2008 and 18 Januar 2009. Duringthat o ensive, IOF killed 1,419 Pales-tinians, including 1,013 individuals 8 who were killed in the rst 18 da s

o 2009. Additionall , 5,200 Pales-tinians were wounded in 2009, mosto them during the o ensive. Thus,the number o Palestinians killedb IOF and Israeli settlers in theWest Bank and the Gaza Strip romSeptember 2000 until the end o December 2009 amounts to 6,520,including 4,955 civilians, and tenso thousands o others have beenwounded.

In spite o the end o Israeli militaroperations in Gaza on 18 Januar

2009, and the e ective cessation o militar operations b Palestinianresistance groups in Gaza, IOF con-tinued to commit violations againstthe population o the Gaza Strip;the killed 47 Palestinians, including26 civilians, 7 o whom were chil-dren. Twelve o these civilians werekilled at time o complete calm bIsraeli snipers in bu er zones in theeast and north o the Gaza Strip, and5 others were killed when IOF tar-geted and bombed tunnels alongthe border between the Gaza Stripand Eg pt.

In the West Bank, IOF killed 18 Pal-estinians, including 15 civilians, 6 o whom were children. Israeli settlerskilled 3 Palestinian civilians, includ-ing two children. All civilian victimswere killed at times when the didnot pose a threat to the lives o Is-raeli soldiers, including during pro-tests against the con scation o Palestinian land or incursions into

Palestinian communities.

In the rst 18 da s o 2009, duringIsraels o ensive on the Gaza Strip,IOF escalated attacks against Pales-tinian civilians and their propert ,including homes and civilian acili-ties. The conducted wide-scale in-cursions into Palestinian communi-ties, especiall in Gaza Cit and thenorthern Gaza Strip. During thatperiod, IOF killed 1,013 Palestinians.Contrar to Israeli claims, most o the victims were civilians 774 civil-ians, constituting 76.5% o the totalnumber o victims or civil police o -

cers who were in their stations oren orcing the law 5 police ofcers,which constitutes 0.5% o the totalnumber o victims . The civilian vic-tims included 289 children and 101women. In addition to these civil-ians, IOF killed 234 resistance activ-ists appro imatel 23% o the totalnumber o Palestinians killed b IOFin that period .

According to investigations con-

7 See diagram 1 , which shows the number o Palestinian civilians killed in each ear o the Inti ada.8 This number does not include 8 Palestinians who died in the rst 18 da s o 2009 o wounds the had sustained be ore Israels o ensive on theGaza Strip.



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ducted b PCHR, IOF undoubtedlused excessive and disproportion-ate orce against Palestinian civil-ians, who are protected personsunder international humanitarianlaw. The disregarded the prin-ciples o distinction and propor-

Diagram 1: Palestinian Civilians Killed by IOF since the beginning o the second Inti ada

Diagram 2:Categories o Palestinians Killed by IOF in 2009

tionalit . There is also evidencethat IOF carried out retaliatoractions against Palestinian civil-ians. These acts are re ected inthe high number o Palestinian ci-vilians killed b IOF over the ear. These civilians were killed when

the did not pose an threat to thelives o Israeli soldiers. There werekilled when IOF bombed homes, ci-vilians acilities and vehicles; extra judiciall executed Palestinian ac-tivists; and moved