-Caveat Lector-

Amnesty calls for arrest of Israelis for war crimes

Chris McGreal in Jerusalem
Monday November 4, 2002
The Guardian

Amnesty International has called on Britain and other signatories to the
Geneva conventions to put on trial Israeli soldiers "responsible for war
crimes" in Jenin and Nablus earlier this year.

In a report published today, Amnesty says Israeli forces were guilty of
unlawful killings, torture and the use of Palestinian civilians as human
shields. It says that among other "grave breaches" of international law
were ill-treatment of prisoners, wanton destruction of hundreds of homes,
sometimes with the residents still inside, and the blocking of medical help
to the wounded.

Amnesty says the months-long investigation is the most thorough to date and
provides the spade work for war crimes trials by documenting five separate
grounds for prosecution.

Kathleen Cavanaugh, the professor of international law who researched the
report, says Amnesty has asked the Israeli government to act on the
evidence and try those responsible, although it does not name them.

If Israel does not, then the human rights group wants foreign governments
it accuses of shielding Israel from accountability, particularly the United
States, to apply political pressure and to stop the sale of weapons to the
Jewish state.

If Israel still refuses to act, then Amnesty says those implicated in war
crimes should be detained and tried when they travel abroad.

"If you have an army commander ... who takes a holiday in a country that is
a high contracting party [to the Geneva conventions] like the UK, then the
UK can launch an investigation and hold a trial if it chooses. It has a
legal obligation under international law to do so," said Ms Cavanaugh.
"It's not a mystery who was in charge. The names of those responsible are
known and they travel regularly to Europe and the United States."

Among the potential candidates for prosecution is Israel's new defence
minister, Lieutenant General Shaul Mofaz, who is already under
investigation by Scotland Yard. Lawyers representing Palestinian families
presented a dossier of the general's alleged crimes to the director of
public prosecutions in the hope that he would be detained during a visit to
the UK last week. But Gen Mofaz returned to Israel without being
questioned.

Among the cases cited by Amnesty is that of Jamal Fayed, a 38-year-old
severely disabled man living in Jenin refugee camp where it says 54
Palestinians were killed during the army operation in April which resulted
in the destruction of the homes of about 4,000 people. Many died as the
army bulldozed their houses.

"The family had shown Jamal Fayed's ID to the soldiers who were preparing
to demolish the house to prove he was paralysed and could not get out of
the home without their help. The soldiers refused to help and soon after a
bulldozer approached the house. The family yelled at the driver to stop. He
didn't and Jamal Fayed, still trapped inside, was killed," the report said.

It also identifies two boys, aged six and 12, who were killed by Israeli
tank fire as they went to buy sweets after the army announced that the
curfew had been lifted. The military promised an investigation but, as
often happens, the results are not known.

Amnesty said it has been trying to meet the Israeli government since June
but without success.

Yesterday, the Israeli army said it was still studying the report and would
comment later.

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