Israel/OPT
01.12.04
Urgent Interventions

Israel and the Palestinian Occupied Territories: Extra-judicial executions of Messrs. Mohammed Liftawi, Salam Ya’qoub and Nasser Jawabra

Case ISR 011204
Extra-Judicial executions


The International Secretariat of OMCT requests your URGENT intervention in the following situation in Israel and the Occupied Territories.


Brief Description of the Situation

The International Secretariat of OMCT has been informed by Al-Haq, a member of the OMCT network, of the extra-judicial executions of Mohammed Liftawi, Salam Ya’qoub and Nasser Jawabra, all three members of Al-Aqsa Brigade, on November 21st, 2004 by Israeli undercover agents near the West Bank city of Ramallah in the Occupied Territories.

According to the information received, the killings were committed on November 21st between 6-7 pm, near the industrial zone on the road to Betunia, by the three occupants of an unmarked car that was passing by the BMW carrying the three victims. The occupants of the unmarked car, who appeared to be Palestinian civilians, were later identified as disguised members of an Israeli undercover military unit.

It is reported that the perpetrators shouted at the victims to stop the car and opened fire from their automatic weapons on their vehicle. The fact that all the victims were shot in the head, chest and neck, and that none of them had left the car suggests that no attempt was made to arrest them, and that the aggressors targeted them with the intention to kill.

OMCT is gravely concerned by this case of extra-judicial killings. OMCT recalls that the practice of “liquidation” or “extrajudicial executions” carried out by the Israeli army against Palestinians is in violation of the international legal obligation of the Israeli government to respect the right of the Palestinians to life. In this regard, OMCT recalls the strong and clear condemnation of this practice by the United Nations Commission on Human Rights in its Resolution 2003/6.

Even in the case that the targeted persons are suspected of being involved in illegal or terrorist activities against civilians, the occupying power must respect the principle of proportionality in its effort to neutralize them, not using lethal force when it is not necessary and without a previous attempt to arrest the suspected persons and make it possible for them to be tried by a competent and impartial tribunal. The Human Rights Committee, in its concluding observations on the second periodic report of Israel, has expressed its concern about “targeted killings” in the following terms:
“The State party should not use "targeted killings" as a deterrent or punishment. The State party should ensure that the utmost consideration is given to the principle of proportionality in all its responses to terrorist threats and activities. State policy in this respect should be spelled out clearly in guidelines to regional military commanders, and complaints about disproportionate use of force should be investigated promptly by an independent body. Before resorting to the use of deadly force, all measures to arrest a person suspected of being in the process of committing acts of terror must be exhausted”.


Requested Action
Please write to the authorities in Israel urging them to:
i. immediately halt the use of extra-judicial executions;

ii. order a thorough and impartial investigation into the circumstances of the extra-judicial executions of Mohammed Liftawi, Salam Ya’qoub and Nasser Jawabra, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided for by law;

iii. guarantee that adequate compensation is provided to the families of Mohammed Liftawi, Salam Ya’qoub and Nasser Jawabra;

iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses
  • Mr. Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, PO Box 187, Kiryat Ben-Gurion, Jerusalem 91919, Israel. Fax: + 972 2 651 2631, E-mail: rohm@pmo.gov.il, pm_eng@pmo.gov.il

  • Mr. Yosef Lapid, Minister of Justice, 29 Salah Eddin Street, Jerusalem 1010, Israel. Fax : + 972 2 628 8618, E-mail: sar@justice.gov.il

  • Ambassador Yaakov Levy, Av. de la Paix 1-3, CH-1202, Genève, Suisse, e-mail: mission-israel@geneva.mfa.gov.il, mission.israel@gva.mfa.gov.il, fax: +4122 716 05 55


Please also write to the embassies of Israel in your respective country.


Geneva, 1st December 2004

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.