Even in "Time of War" - Not All Is Permitted

There have been reports of several violent incidents during this past week in the Occupied Territories. In some cases both sides acted against international humanitarian law. The provisions of this law place constraints on permissible acts during wartime, in order to minimize injury to those who take no active part in the hostilities: prisoners of war, wounded persons and civilians. Prime Minister and Minister of Defense, Ehud Barak, said on Saturday: "Up to now I have ordered restraint. Not to act, only to react. But if we don't see a change within the next two days...we will instruct the IDF and the security forces to take any means at their disposal to stop the violence."

In view of this, B'Tselem would like to inform all parties of the rules which bind them, according to international law, in these cases:

• Protection of civilians: Shooting at civilians is permissible only in cases of real and immediate danger to life. Shooting is permitted only against those who pose a threat to life, and such shooting must be proportional to the threat and intended solely to dispel it. Even in the case of real and immediate danger to life, indiscriminate shooting at civilians is prohibited.

• Distinction between armed and unarmed persons: Persons armed with firearms are forbidden to congregate among unarmed persons, even among stone throwers. Interfusion of these two groups puts unarmed persons at risk. Nevertheless, the fact that one side to the conflict does not abide by these prohibitions does not permit the other side to ignore the above rules concerning injury to civilians.

In view of this: Shooting by the Israeli security forces at a crowd, from which they are being shot at and their lives put at risk, must be directed, as far as is possible, to the source of danger. Injury to unarmed civilians nearby must be minimized, even if they are throwing stones. Such shooting must be proportional to the danger and it is impermissible, for example, to fire anti-tank missiles into a crowd in response to gunshots. Furthermore, rubber-covered metal bullets are lethal. Therefore, they must be used only in life-threatening situations and not for crowd dispersal.

The Palestinian Authority must ensure that its forces, armed with firearms, not stand among civilians, even if the latter are throwing stones. This rule applies unless the situation is one of defense of the population against excessive force by Israeli security forces which threatens civilians' lives.

Shooting at Israeli settlements by Palestinians, not in life-threatening situations, is prohibited.

• Protection of wounded persons, medical personnel, and ambulances: It is absolutely prohibited to intentionally attack medical personnel and ambulances, and they are to be permitted free movement for evacuation of the wounded. In any case of casualties, shooting must be stopped at the earliest possible circumstances to enable their evacuation.

• Violence perpetrated by Israeli civilians: Israeli security forces are obliged to protect Palestinians from violence perpetrated by Israeli civilians.

• Freedom of movement: Passage of food and medical supplies to the Occupied Territories must be ensured, as well as freedom of movement, including into Israel, in cases of humanitarian emergencies. Curfew should be imposed only in extreme circumstances and as a last resort. In no case should curfew be administered as a punitive measure. In cases where curfew is administered, the population must be permitted to exit their homes for provisions of food and medical supplies. In view of this: the curfew administered since October 2 on H2 areas in Hebron must be lifted, Dahania Airport in Gaza must be reopened, and Palestinians must be permitted to travel abroad.

• Journalists: As far as is possible under the circumstances, journalists must be given freedom of operation to report. In no case may journalists, or their equipment, be intentionally attacked.

• Damage to Holy Places: Both sides must protect holy sites and refrain from their defilement.

• Collective punishment: Collective punishment of civilian population - such as harm to water or electricity, bombing of civilian infrastructure, or limitation of freedom of movement - is absolutely prohibited.

• Prisoners: Harm to prisoners by either side is absolutely prohibited. They must, in no case, be tortured in interrogation or be killed. The International Committee of the Red Cross must have access to them and they must be permitted to send mail.