AAAS Scientific Responsibility, Human Rights and Law Program

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AAAS Human Rights Action Network

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FACTS OF THE CASE:

Physicians for Human Rights-Israel (PHR-Israel), the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), and Human Rights Watch have documented serious violations of medical neutrality in the West Bank and Gaza that have resulted in the deaths of at least four medical personnel. These violations have occurred in the context of an escalating conflict, marked by violence on both sides. Respecting the principles of medical neutrality is especially important during times of violence because they were developed precisely to safeguard the rights and responsibilities of medical workers in conflict situations. While many violations of human rights are occurring in this conflict, this alert discusses the most serious violations of medical neutrality, the killing of clearly identified medical workers while they are engaging in legitimate humanitarian work.

Human Rights Watch reports that on 4 March 2002, the head of the Palestine Red Crescent Society (PRCS) emergency medical service, Dr. Khalil Sulieman, was killed and five PRCS staff members injured when Israeli Defense Forces (IDF) soldiers fired on their ambulances in Jenin refugee camp. IDF claims that its soldiers fired on the ambulance because it was speeding toward a group of Israeli soldiers. Medical personnel who witnessed the incident claim that the vehicle was driving slowly down a narrow street. They observed an IDF soldier firing a projectile at the ambulance, which caused the oxygen tanks in the ambulance to explode.

On 7 March 2002, IDF soldiers fired on two PRCS ambulances, killing the driver of one and injuring the medical crews of both. The ambulances were traveling to Tulkarem refugee camp to evacuate wounded individuals. Ibrahim Mohammad Assad, the driver of the first ambulance, reportedly received permission from Israeli authorities to drive the ambulance into the area. After driving about 750 meters, the ambulances came under heavy fire from an IDF tank. Assad was shot in the shoulder. He exited the ambulance and attempted to take cover from gunfire in the other ambulance. According to one eyewitness, an Israeli tank commander ran after Assad. Assad tripped and fell and the Israeli soldier shot him pointblank in the forehead. Safiyah Balbisi, was injured by shrapnel to her head and shoulder, Ra'ed Ghaleb Yasin was injured by shrapnel to his head and face, and Mahmoud Hussein Bijawi was injured with shrapnel in his head, chest, and right shoulder.

On 8 March 2002, Israeli forces fired on a UNRWA ambulance in Tulkarem, killing Kamal Hamdan, a Palestinian refugee employed by UNRWA. According to the UNRWA, Hamdan was assisting a medical team transporting a critically wounded camp resident to the hospital. IDF soldiers stopped the ambulance at the entrance of the Tulkarem refugee camp and held it for 20 minutes to conduct a thorough search of the vehicle. After the search, the vehicle was allowed to proceed. The patient died en route to the hospital. The ambulance drove back to the Tulkarem camp from the hospital on a road controlled by the IDF. IDF soldiers fired several bullets at the ambulance. One of the bullets entered Hamdan's back penetrating his heart and killing him instantly. The ambulance was clearly marked with a UN flag. He was the first UN worker to be killed since the present outbreak of widespread violence began in September 2000.

On 8 March 2002, a PRCS ambulance was sent out during a pause in the bombardments on the town of Sudaniyya in north Gaza. The chief medic, Sa'ed Shalail, left the ambulance to attend to some wounded individuals. The bombardments were renewed and Shalail was killed and another medic, Muhammad Al-Hassi, was seriously injured.

On 8 March 2002, PHR-Israel received reports that the administrative director of Yamama Hospital, Dr. Ahmad Othman Khoudari, was also killed. According to reports, after securing coordination with the Red Cross, he left the hospital in a private vehicle to bring medical supplies to the hospital. IDF soldiers shot at the car and he was forced to return to the hospital. He once again secured coordination with the Red Cross and the IDF headquarters and was promised safe passage out of the hospital. Outside the hospital, he again came under fire from Israeli forces and was killed.

A representative from Israel's State Attorney's office stated that Palestinian ambulances are being used to smuggle arms and/or fighters and that these violations of medical neutrality justified Israeli Defense Force's shooting at ambulances. The representative also confirmed that IDF soldiers had orders to permit passage of ambulances when no firing was underway.

A representative of PHR-Israel noted that there was evidence that Israeli forces were "actively firing at ambulances during evacuation of injured." The International Committee of the Red Cross and the PRCS both made public statements that the ambulances were clearly marked and were coordinating their movements closely with Israeli authorities.

Attacks on humanitarian personnel and vehicles and the use of medical vehicles to transport arms or combatants are directly prohibited under international humanitarian law, specifically the Geneva Conventions.

(Sources of information for this case include: Physicians for Human Rights-Israel, Human Rights Watch, LAW- The Palestinian Society for the Protection of Human Rights and the Environment, and the United Nations Relief and Works Agency for Palestine Refugees.)

RELEVANT HUMAN RIGHTS STANDARDS

Protocol Additional to the Geneva Conventions of 12 August 1949, Relating to the Protection of Non-International Armed Conflicts (Protocol II)

• Article 11: Protection of medical units and transports (1) Medical units and transports shall be respected and protected at all times and shall not be the object of attack. (2) The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded.
• Article 9: Protection of medical and religious personnel (1) Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Urging the Israeli government to take all necessary steps to instruct soldiers to immediately refrain from attacking medical personnel in the West Bank and Gaza;
• Requesting that the Israeli government investigate the deaths of ambulance drivers and medical personnel in a credible and transparent manner and bring to justice those found responsible for wrongdoing; and
• Urging all parties to the conflict to respect the principles of medical neutrality.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Ariel Sharon
Prime Minster of Israel
Kiryat Ben-Gurion
3 Kaplan St, P.O. Box 187
91919 Jerusalem
Israel
Fax: 011 972 2 5664838
Salutation: Dear Mr. Prime Minister

The Honorable Meir Shetrit
Minister of Justice
Ministry of Justice
29 Salah A-din St.
Jerusalem 91010
Israel
Fax: 011 972 2 6285438
sar@justice.gov.il
Salutation: Dear Mr. Minister

His Excellency Yasser Arafat
President
Palestinian National Authority
Abu Khadra Building
Omar al-Mukhtar Street
Gaza, via Israel
Fax: 011 972 7 821672
info@gov.ps
Salutation: Dear Mr. President

COPIES SENT TO:

His Excellency David Ivry
Ambassador of Israel to United States
Embassy of Israel
3514 International Drive, NW
Washington DC 20008
Fax: (202) 364-5560
ask@israelemb.org
Salutation: Dear Mr. Ambassador

Ambassador Hasan Abdel Rahman
Ambassador of the Palestine Liberation Organization
Palestine Liberation Organization Office
Address: 1730 K Street NW # 1004
Washington D.C. 20006
Fax: (202) 887-5337
SH.9950@aol.com
Salutation: Dear Mr. Ambassador

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

To verify the contents of this alert and/or the electronic signature, please download the signed file for this alert along with the Program's PGP Public Key.

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