Palestinian Centre for Human Rights: objects to IDF warning civilians to
leave areas where they are shielding weapons

[Dr. Aaron Lerner - IMRA: In this press release the Palestinian Centre for
Human Rights (PHCR) details the efforts that the IDF is making to warn
civilians to leave areas where they are shielding weapons.

"The targeted houses were not located in confrontation areas, or in areas
used to fire rockets." PHCR writes. But PHCR doesn't even claim that there
were no weapons stored in the houses. And when those houses were hit the
series of explosions that followed evidenced the explosives being stored
there.

In PHCR's view, Israel has to honor human shields and should allow the
Palestinians to build up their weapons stores to use against Israel.

Fortunately, the IDF no longer follows PHCR's line.]

======

PCHR
Palestinian Centre for Human Rights
Press Release

Ref: 75/2006
Date: 26 July 2006
Time: 11:00 GMT

PCHR Seriously Views IOF Policy of Warning Civilians of Bombardment as a
Justification for Bombings

"I received a call to my mobile from a person who identified himself as an
Israeli intelligence officer called Danny. He told me that I have 1 hour to
evacuate my house without telling me the reason." Mohammad Izzedeen
El-Sheikh Deeb, Gaza - El-Naser Quarter, 23 July 2006.

"I was sitting in front of my house when I received a call an anonymous
person who said that he is from the Israeli army. He told me that I have to
evacuate my house immediately because it will be bombarded in a few minutes.
He did not give my any chance to inquire." Omar Mohammad El-Mamlouk, Gaza -
Shejaeya Quarter, 24 July 2006.

"My brother's wife woke me up in a hurry with a terrified look on her face.
She told me that her husband received a call from someone who identified
himself as from Israeli intelligence. He asked him to leave the house
immediately as it will be bombarded shortly." Salah Saleh El-Sha'er, Khan
Yunis - Qiezan El-Najjar, 25 July 2006.

On 23 July 2006, Israeli Occupation Forces (IOF) started to implement a new
policy of warning civilians shortly before bombarding their houses, giving
them a notice of no more than one hour. IOF consider these warnings a
justification to carry out the bombardments. This policy is a development of
a practice perpetrated by IOF several times during attacks on several towns
in the Gaza Strip. During these attacks, IOF warned town residents, through
leaflets dropped by planes, against staying in their homes located in areas
where IOF were conducting military operations[1].

PCHR's preliminary investigation indicates that on 23-25 July 2006 three
Palestinian families received telephone calls from parties that identified
themselves as Israeli intelligence, telling members of these families to
evacuate their houses immediately because IOF intend to bombard them. The
families that received warnings and whose houses were bombarded are:

- Family of Mohammad Izzedeen El-Sheikh Deeb (31) from Naser Quarter
in Gaza City. The house consisted of 4 stories and housed 45 people,
including 25 children. It was bombed by

3 rockets from an attack helicopter. The ground floor was destroyed, and the
other floors were damaged.

- Family of Omar Mohammad El-Mamlouk (44) from Shejaeya Quarter in
Gaza City. The house consisted of 2 stories and housed 19 people, including
8 children. It was bombed by a fighter jet, and was totally destroyed.
Nearby houses suffered damages.

- Family of Salah Saleh El-Sha'er (48) from Qiezan El-Najjar area in
Khan Yunis. The house consisted of 3 stories and housed 40 people, including
28 children. It was bombed by a fighter jet, and was totally destroyed.
Nearby houses suffered damages. In addition, several neighbors were injured.

Statements by the residents of the destroyed houses indicate that they were
not given the chance to take their belongings outside their houses before
the Israeli bombardment. The time given by IOF was no more than one hour.
Thus, they could not take out all their personal belongings and furniture.

The targeted houses were not located in confrontation areas, or in areas
used to fire rockets. They were distributed in different parts of the Gaza
Strip. In addition, they were multi-story apartment structures. The
destruction caused fear among the civilian population. These bombardments
are a flagrant violation of article 53 of the Fourth Geneva Convention,
which states that it is prohibited for the occupying power to destroy
private property of individuals, groups, state, public authority, or social
and cooperative organizations except if military operations deem it an
unavoidable necessity. The legal interpretation of this article sets the
following criteria for targeting a civilian installation:

- the destruction during military operations;
- the installation poses a direct danger to soldiers of the occupying
power; and
- destruction is the only remaining option to avoid the security threat.

These criteria do not fit the cases in which IOF bombed civilian houses. It
is noted that International Humanitarian Law obliges armed forced to issue a
prior warning of attacks if conditions permit as such. But even after
issuing the warning, these forces must take all possible precautions to
avoid loss of civilian life. These precautions include canceling the attack
if it is clear that the target is civilian in nature, or if there is no
proportionality between the loss of civilian life and the expected military
benefit.

PCHR seriously views the IOF policy of warning resident of civilian houses,
and taking this policy as a justification for damaging civilian property,
especially since these houses are inhabited by civilians protected by the
Fourth Geneva Convention.

Public Document
**************************************
For more information please call PCHR office in Gaza, Gaza Strip, on +972 8
2824776 - 2825893
PCHR, 29 Omer El Mukhtar St., El Remal, PO Box 1328 Gaza, Gaza Strip.
E-mail: pchr@pchrgaza.org, Webpage http://www.pchrgaza.org

[1] Copy of message distributed:

To the Residents of the Gaza Strip

Due to the continuation of terrorist operations and the firing of rockets
from the Gaza Strip, the Israeli Defense Forces will escalate their
operations against the storing areas of arms and military equipment and
against the elements and bases of terrorism who are exposing the lives of
the residents of Gaza and Israel to danger.

Do the residents of the Gaza Strip have to pay a heavy and continuous price
for the actions of those purporting to solve the Palestinian issue?

They are practically causing losses of all resources under false slogans and
"true promises" similar to the promises of Nasrallah to the Lebanese people
and the promises of Hamas to the Palestinian people.

Israeli Defense Forces Command