10 Aug. 05

The day before the attack against Israeli civilians in Shfar'am, five Israeli human rights organizations called on the Israeli government to take the necessary steps to protect Palestinians in case of an escalation in violence by Israeli civilians during and after disengagement.

The organizations - B'Tselem , the Association for Civil Rights in Israel, HaMoked: Center for the Defense of the Individual, Yesh Din and Rabbis for Human Rights - wrote last week to Defense Minister Shaul Mofaz and Attorney General Menachem Mazuz, demanding that law enforcement make advance preparations to protect Palestinians living near settlements known to contain violent individuals, and particularly in those areas where there has been rioting in the past. Some of the violence will be spontaneous, the letter states, "but there is concern that we will witness organized attacks intended to stop the disengagement process". The organizations believe that the attacks may endanger dozens of Palestinian lives.

Attached to the letter, is a list of almost fifty violent acts carried out by settlers against Palestinians or their property in recent months. While recognizing the burden under which security forces are currently operating, the organizations assert that this does not relieve them of their obligation to enforce the law and protect the Palestinian population.

On 27 July 2005, the Knesset approved Amendment No. 5 to the Civil Wrongs (Liability of the State) Law. The amendment exempts the state from compensating Palestinians who are injured by Israeli security forces.

Until now, Israel prohibited Palestinians from suing for damages sustained as a result of combat actions, a definition that includes "…any action of combating terror, hostile actions, or insurrection, and also an action as stated that is intended to prevent terror and hostile acts and insurrection committed in circumstances of danger to life or limb." The new amendment goes one step further, and blocks almost completely the ability of Palestinians to sue for compensation even for injuries resulting from illegal gunfire, negligence in training areas, looting, physical violence and abuse, and humiliation at checkpoints.

The amendment severely breaches the Palestinians' right to equality and human dignity: it denies the right to compensation based on the identity of the plaintiff and not on the cause of action alleged.

Photo: 'Oday Abu Hamamdeh, who was injured by IDF gunfire while playing with friends when he was six years old

On 22 June, Maher and Rana Nasser from 'Atil, near Tulkarm were woken up at about 4:00 AM by the sound of pounding on the door. Maher, age 31, told B'Tselem what happened next:

“I got up quickly and opened the bedroom window. I looked out and saw army jeeps and soldiers on the street. One of the soldiers said: ‘It's the army. Open the door'… About fifteen soldiers came into the house and started to search the rooms. They ordered my wife and I to stand aside… Rana was very frightened… She was just about to give birth. [One of the soldiers] told me that the soldiers would be using the house, and that my wife and I have to take the things we want and move out…We got our stuff together and left the house. My wife, who was about to go into labor at any moment, got everything she needed for the birth. The officer told me that they would remain in the house until Saturday [25 June]. Rana and I went to my father's house…”

On Saturday, the soldiers left the house, leaving behind a mess and filth. That night, the Rana gave birth to the couple's first child, a daughter named Rian. The next afternoon, after the family had returned to their house, another group of soldiers appeared.

“One of them told us in Arabic that everybody had to leave the house… I helped [my wife] down the steps and to the front door. The soldiers had ordered the relatives, including my father-in-law, to stand by the doorway. When we got to the door, they ordered us to stand alongside them. We stood there for about an hour, during which the soldiers searched the house. After being there about half an hour, the soldier asked if I wanted to take anything from the house. I went inside to take some of my things, and things for Rana and Rian. Even though I told the officer that my wife had given birth just the day before, he ignored that and went about his business. We stood there, though my wife needed special care and had to rest because of the recent childbirth.

“After waiting there for about an hour, the officer let us go. I went to my father's house and my wife and daughter walked to her father's house in Y'abad.”