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Excessive Force: Beit Jala - 6 May 2001, June 2001

June 2001 , Summary

B'Tselem has published a report examining an incident that took place on the morning of 6 May 2001 in Beit Jala. The incident began with firing by members of Fatah at the Israeli checkpoint located on the Bethlehem bypass road, which is also referred to as the Tunnel Road. Firing of this kind has occurred dozens of times since the intifada began. This time, IDF soldiers returned fire at Beit Jala with light weapons and tank shelling. Also, for the first time in this part of the West Bank, the IDF invaded Area A, which is under complete Palestinian Authority control, remaining there for five hours. Less than two days after the incident ended, Palestinian gunfire at the checkpoint resumed.

During the incident, five Palestinian civilians not involved in the combat were injured, among them a five-year-old boy who lost his right arm, and a twelve-year-old girl who sustained a serious eye injury.

B'Tselem's research indicates that, during the incident, the IDF used excessive military force and thus violated international humanitarian law:

  • The invasion violated the principle of proportionality, because it endangered the lives of hundreds of civilians without any military justification for the action;
  • The tank shelling of various locations in Beit Jala did not sufficiently discriminate between the combatants and non-participating civilians;
  • IDF soldiers deliberately fired at Palestinian ambulance teams.

The Palestinian Authority also violated its duties under international law. First, it did not prevent Fatah members from firing at the Israeli checkpoint, thereby exposing nearby civilians to the IDF military response. Second, it allowed, in violation of international law, a fourteen-year old boy to be involved in the firing at the IDF soldiers at the checkpoint

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