Killing civilians in the great march of
return is Disregard for international law and an invitation to hold the
occupation accountable for its criminal behavior
"Resolvesthat
the refugees wishing to return to their homes and live at peace with their
neighbours should be permitted to do so at the earliest practicable date, and
that compensation should be paid for the property of those choosing not to
return and for loss of or damage to property which, under principles of
international law or in equity, should be made good by the Governments or
authorities responsible"
As a result of this right, which was
approved by the United Nations in paragraph 11 of Resolution 194 of December
1948, the great march of the Gaza Strip was launched to demand the
implementation of this resolution and the return of Palestinian refugees to the
cities and villages from which they were forcibly displaced in 1948. And this
march is a peaceful march and has been announced in advance, and it is legitimate
because it is based on the provisions of international law and the resolutions
of international legitimacy.
Despite that this march is peaceful and
legal, the occupation forces have faced it by using excessive and illegal force
and using internationally prohibited weapons in the face of isolated civilians
such as the use of explosive bullets, shooting at the parties for permanent
disability and release tear gas canisters, to be the result 116 martyrs including
7 children (61 of them were killed in one day in the massacre committed by the
occupation forces on Monday, 14/5/2018), and 12 thousand wounded.
The acts of the occupying forces against
civilians and non-discrimination as "protected persons" are
incompatible with the provisions of articles 27 and 47 of the Fourth Geneva Convention,
and article 46 of the Hague Regulations and article 48 of Additional Protocol
I, which states that "the parties to the conflict shall distinguish
between the civilian population and the combatants, between civilian objects
and military objectives, and then direct their operations against military
objectives only, in order to ensure the respect and protection of civilian
populations and civilian objects". This is what Israel has not done, which
means that its violation constitutes a crime that amounts to be a war crime.
Also the occupation forces targeted
journalists, where it intended to kill the journalists Yasser Murtaja and Ahmad
Abu Hussein and wounding 6 others, this behavior contravenes the rules of
international humanitarian law, precisely the 1977 Additional Protocol to the
Four Geneva Conventions, which grants special protection to journalists as the
most vulnerable to armed conflict, and
the Article 79 of this Protocol which lists journalists who engage in serious
professional duties in areas of armed conflict under the category of civilian
persons, in accordance with article 50 of Protocol I, and therefore they are
civilians. This provision also applies to all national journalists in the
occupied territories.
We at the Palestinian Association for Human
Rights (Witness) ask for:
First: work to accountable the occupation in the
international courts for the crimes committed against Palestinian civilians and
journalists.
Second: activating the role of the institutions concerned
with the defense of human rights and protecting freedoms locally and
internationally.
Third: Re-evaluate the human rights system in general and
assess the effectiveness of local, regional and international mechanisms for
the protection of human rights.
Fourth: We ask the International Criminal Court to open an
investigation into the repeated Israeli crimes against the Palestinian people,
especially the martyrs of the return march.
Fifth: We ask the international community to work to lift
the siege on the Gaza Strip. And to fulfill its commitment to the
reconstruction of the Gaza Strip.
Sixth: We ask the Palestinian Authority to work to submit a
legal file on the repeated Israeli violations of international law in a serious
manner to the International Criminal Court and international courts with
universal jurisdiction.
Seventh: The High Contracting Parties to the Fourth Geneva Convention
shall assume their responsibilities and fulfill their obligations by pursuing
those accused of committing grave breaches.
Eighth: Calling on the United Nations to establish
mechanisms to implement the resolutions on the Palestinian question, particularly
with regard to the right of return.
Beirut, 17/5/2018
Palestinian Association for Human Rights
(Witness)