Al-Ahram Weekly Online
9 - 15 August 2001
Issue No.546
Published in Cairo by AL-AHRAM established in 1875 Current issue | Previous issue | Site map

The right to take life

Through its policy of extra-judicial killings, Israel has been murdering Palestinians without trial. It is immoral, illegal and it has gone on long enough, writes Mustafa Barghouti*

The death toll from the recent Israeli extra-judicial execution, carried out in Nablus on 31 July, stands at eight. Of those eight, two were children and one was a journalist. Across the occupied territories, this assassination policy has claimed the lives of 51 people in the last 10 months; 14 of those deaths occurred last week in just 24 hours, and 17 of those who died were innocent bystanders.

It is my belief that these assassinations are immoral, and counter-productive to resolving the current crisis in Israel and Palestine. Moreover, they are illegal under the Geneva Convention, which stipulates that the occupying force must not infringe upon the rights to which protected persons are entitled, and Israel and the world must remember that the situation is not war but rather a situation of continued illegal Israeli occupation.

Let's look at the immorality. Israel has confined a civilian population to a prison made up of their towns and villages, and from time to time decides that certain people must die -- Israel has become judge, jury and executioner. Anwar Mahmoud Hamran was killed with 19 bullets as he stood outside his stationer's shop in Nablus; Youssef Ahmed Abu Swayeh was gunned down outside his home in a village near Bethlehem; Aziza Mahmoud Danoun and Rahma Shahin, both in their 50s, were torn to shreds by shrapnel whilst walking down the street in Beit Sahour. And now, Ashraf Abdel-Moneim, eight years old, and his brother Bilal, aged 10, can be added to the list.

Euphemisms such as "intercepting terrorists" "self-defence" and "pre-emptive attacks" cannot be used any more; it is time to say this is state terrorism and it is wrong. Where is the democracy that Israel prides itself on? These people were executed without a trial and without any proof of wrongdoing. Even Timothy McVeigh -- also infamous here in Palestine -- was arrested and given the right to a trial before his execution. In civilised countries, when someone is guilty of crimes, the due process of the law must take its course and it cannot be substituted by murder.

As to the illegality of these killings, the Palestinians, under the rubric of international humanitarian law, are regarded as "protected persons," and therefore enjoy all the protective guarantees of a civilian population in territory occupied. Article 27(1) of the Fourth Geneva Convention states "protected persons are entitled, in all circumstances, to respect for their persons and honour. [T]hey shall, at all times, be humanly treated, and shall be protected against all acts of violence or threats."

Article 32 of the same convention states "the high contracting parties specifically agree that each is prohibited from taking any measures of such character as to cause the physical suffering or extermination of protected person in their hands."

Killing people, extra-judicial execution, is a right Israel doesn't have. The manner in which these Palestinian civilians suspected of hostile activities were assassinated was in complete disregard of the principles of humanitarian law, and this policy of willful, deliberate or intentional killings itself constitutes a war crime.

The death of every person on both sides is counter-productive to long-term peace and stability in the region. Today's blood-bath only inflames the passions of a people already driven to the limits by economic suffering, daily humiliations and violence at the hands of the soldiers occupying their land, and a death toll of 603. It will precipitate the worst kind of violence -- violence that will affect both sides. Palestinians as a whole cannot be held responsible for the acts that individuals carry out because of the crime that Israel committed today.

A government that wants peace, and regards the security of its own population above all else as of paramount importance, does not carry out these actions and this policy of extra-judicial executions. Where is Palestine's partner for peace, or are we to be murdered and terrorised into submission and acceptance of the continuing illegal Israeli occupation of Palestine?

What happened today is an atrocity that a state that regards itself as civilised can only be condemned for carrying out. Current international silence about Israel's policy of extra-judicial executions is tantamount to giving Israel tacit support for its actions. This silence equals complicity. Therefore, it is time that the international community stands up for justice, and forces Israel to abide by international law. In addition to this, it is imperative that the world heeds our call and an international protection force be deployed in the occupied Palestinian territories immediately.

* The writer is president of the Union of Palestinian Medical Relief Committees.

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