Dear Friends,
---------
May 28, 2004
To Members of the Washington
State Congressional Delegation:
We are writing with hope that your support for a peaceful resolution to the Israeli-Palestinian conflict can lead to decisive action and better U.S. foreign policy that will promote human rights and security for all those involved. We write as U.S. citizens who are alarmed by the recent actions taken by the Israeli military in the Palestinian community of Rafah in the Gaza Strip, and on behalf of many individuals in Olympia, Washington, who have established relationships with citizens in Rafah.
Israel’s
military siege in Gaza has been catastrophic for the civilian population there.
According to the United Nations, the military destroyed enough
residential buildings in the first two weeks of May to make 2,197 people
homeless. On May 25, the Israeli
human rights organization B’Tselem, reported that from May 13-24, in
“Operation Rainbow,” the IDF killed 58 Palestinians in Rafah, including at
least eight minors. On May 27, the
Palestinian Centre for Human Rights (PCHR) reported that of those killed in
Rafah, 45 were civilians (ten children) and that, at least, 200 more were
injured—most, victims of Israeli helicopter missiles and tank shells.
PCHR reported that the declared goal, according to the Israeli Defense
Minister Shaul Mofaz and the Israeli military Chief of Staff Moshe Yalon, was to
destroy 600 Palestinian houses along the Egyptian border, south of Rafah.
In continuing investigation, B’Tselem reported 183 houses in Rafah
completely destroyed, dozens more severely damaged, and extensive damage to
infrastructure and private property. PCHR
stated that under the guise of national security, 4,847 civilians
became homeless, at least 700 donums of agricultural land were
razed, and 46 shops, several civilian facilities, a mosque, cemeteries, and
civilian infrastructure were destroyed. Furthermore,
citizens were deprived access to food, clean water, medical attention, means for
income and access to schools. According
to Amnesty International, on May 19, the Israeli army killed eight Palestinians
(four children) and injured dozens of others who marched in a peaceful
demonstration in Rafah. Eyewitnesses
claim that the deaths and injuries were caused by shelling from Israeli army
helicopters and tanks stationed nearby. The
United Nations, the European Union, human rights organizations, and many Israeli
citizens and leaders have condemned these actions.
UN Secretary-General Kofi Annan
has called on Israel to live up to its responsibilities, "which include
protecting the civilian population and eschewing the disproportionate or
indiscriminate use of force." On May 19, by a vote of 14-0, with the U.S.
abstaining, the UN Security Council adopted Resolution 1544, which expressed
"its grave concern at the continued deterioration of the situation on the
ground in the territory occupied by Israel since 1967,” and condemned “the
killing of Palestinian civilians that took place in the Rafah area." The
resolution calls on Israel to "respect its obligations under international
humanitarian law, and insists, in particular, on its obligation not to undertake
demolition of homes contrary to that law."
On May 20, John Dugard, the
Special Rapporteur of the Commission on Human Rights at the UN issued a
statement calling the Israeli military actions "a violation of
international humanitarian law" that constitute war crimes under the Geneva
Convention relative to the protection of civilians in times of war.
"They also amount to collective punishment, which violates both
humanitarian law and international human rights law," the statement added.
"It is impossible to accept the Israeli argument that these actions are
justified by military necessity. On the contrary…they are carried out
unlawfully and wantonly. " The
Special Rapporteur called on the UN Security Council to take appropriate action
to stop the violence--if necessary, by imposing a mandatory arms embargo on
Israel like that imposed on South Africa in 1977.
The Israeli human rights
organization B’Tselem stated that the action taken by the Israeli military in
Rafah, "severely violates international humanitarian law, to which Israel
is obligated. Israel, as the
occupying force in the West Bank and the Gaza Strip, is obliged to protect the
local population and ensure its safety and welfare.”
Amnesty International stated in
their May 18 report that, “In the past three-and-a-half years the Israeli army has
carried out extensive destruction of homes and properties throughout the West
Bank and Gaza which is not justified by military necessity. Some of these acts of destruction amount to grave
breaches of the Fourth Geneva Convention and are war crimes. ... The prohibition
on collective punishment is also a cardinal rule of human rights law. The
recently accelerated Israeli practice of demolishing houses owned by relatives
of suicide bombers or other Palestinian armed attackers is a blatant form of
collective punishment. Collective penalties also include such measures as
attacking an entire community in retaliation for acts committed by members of
that community, or arbitrarily restricting the movement of an entire
population.”
On May 20, Human Rights Watch
stated, “ The Israeli military’s use of tanks and helicopters yesterday to
fire on nonviolent demonstrators in the southern Gaza Strip constituted an
unlawful and unnecessary use of force....It’s outrageous that Israeli forces
used battlefield weaponry to block peaceful marchers,” said Sarah Leah
Whitson, executive director of the Human Rights Watch Middle East and North
Africa division. “By using heavy weapons against non-violent demonstrators,
Israel has violated not only international law, but also its own open-fire
regulations.”
An estimated 150,000 people
attended a May 15 peace rally at Rabin Square in Tel Aviv, calling for a pullout
from Gaza and resumption of peace talks. During that rally, opposition leader
Shimon Peres, among other political leaders, proclaimed, "We must not
support a puppet government that follows the delusional ideas of the right.”
Israeli Justice Minister,
Yosef Lapid (member of the centrist Shinui Party, Sharon confidante, and
Holocaust survivor) recently said that television images from Rafah reminded him
of the suffering of his own family. “I am talking about an old woman on all fours looking for
her medicine in the rubble of her home, and I thought about my grandmother,”
he told Army Radio. Lapid’s
grandmother and other relatives died in the Holocaust.
According to the Israeli newspaper Ha’aretz,
“Lapid revealed that the Israeli army was considering demolition of some
2,000 homes in Rafah in order to broaden Philadelphi”—the border strip
between Gaza and Egypt. Lapid
remarked, “The demolition of houses in Rafah must stop.
It is not humane, not Jewish, and causes us grave damage in the world.”
The historically special
relationship between the U.S. and Israel, the funding that we provide the
Israeli military, and our nearly unwavering support of Israel in the UN, all
contribute to a view held by much of the world that we are complicit in Israeli
military actions against the Palestinians.
U.S. lawmakers are in a unique position to challenge that view by
insisting that both sides in the conflict uphold international law and respect
for basic rights. To that end, we ask that you, our elected representative, take
the following steps:
1.
Condemn, unequivocally, the recent actions of the Israeli military in
Rafah against Palestinians and their homes, land, and infrastructure.
Furthermore, condemn any such actions that may ensue.
2.
Demand that Israel, an occupying power, fulfill its obligations to the
Palestinian people under the law and cease all home, land, and infrastructure
demolitions that do not conform to international standards, including those
aimed at deterring future attacks.
3.
Demand that Israeli judicial authorities conduct a thorough, independent
investigation of the incident on May 19 when civilians marching in a peaceful
demonstration in Rafah were killed and injured.
Insist that those found responsible for wrongdoing be appropriately
disciplined or prosecuted.
4.
Call for immediate placement
of trained international human rights monitors on both sides of the Green Line
to offer some protection to the civilian populations of both Palestine and
Israel.
Thank you for your consideration
of this matter.
Sincerely,