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Silwan: Israeli special unit kills father and wounds his son
13 June 2002
This morning, Israeli special forces raided the home of al-Rajabi family
in the Silwan neighborhood of occupied East Jerusalem, killing Khader al-
Rajabi and wounding his son. LAW calls on the Israeli authorities to
investigate the events and bring the perpetrators to justice.
According to LAW's field research, a large unit of Israeli special forces
entered the home at 6 o'clock this morning. Fahmi Rajabi told LAW that
his brother Zuhair came home this morning and saw a large number of
Israeli troops. As he arrived home he locked the door. Special forces
tried to force their way in the home by hitting the door with a
sledgehammer. Zuhair then opened the door immediately.
As his brother Hazim (28) also approached the door, Israeli forces shot
him twice in his chest. He lost a lot of blood before an ambulance
arrived an hour later. Hazim was taken to Hadassah hospital.
Fahmi Rajabi said: 'I tried to pull my wounded brother away from the
troops before the arrival of the ambulance but the Israeli soldiers did
not allow me to so.'
Fahmi Rajabi told LAW that Israeli troops beat his father, Khader al-
Rajabi. 'Members of the Israeli special unit pushed his back against a
pole and two members of the unit pushed his chest until he passed away.'
The unit of Israeli special forces left the home at around 7 am. The
family brought Khader al-Rajabi immediately to al-Maqassed Hospital. Upon
arrival, doctors told the family that Khader al-Rajabi already was dead.
According to eyewitnesses members of the Israeli special unit also fired
teargas grenades inside the building, which consists of three apartments
and hosts twenty-eight persons, including fourteen children.
When used improperly, tear gas is a lethal form of ammunition, hence
practices such as firing teargas into enclosed spaces or aiming it
directly at individuals clearly violate the international principles of
necessity and proportionality concerning law enforcement conduct.
LAW strongly condemns the killing and wounding of Khader al-Rajabi and
his son Hazim. This is a wanton disregard for human life and principles
regarding the use of lethal force. The use of lethal force was
unnecessary and disproportionate and could have been prevented. Article
147 of the Fourth Geneva Convention classifies wilful killing as a grave
breach of the Convention.
Israel is legally responsible for the acts of its agents, and is under
corresponding obligations to ensure that its agents adhere to the
Convention and to prosecute those agents who commit grave breaches.
Therefore, LAW calls the Israeli authorities to investigate the killing
of Khader al-Rajabi and the wounding of his son and bring the
perpetrators to justice.
The individual members of this Israeli special unit if found guilty are
criminally liable for their acts and should be prosecuted accordingly.
All state signatories to the Fourth Geneva Convention have also the right
and are under a positive obligation to seek out and prosecute individuals
responsible for committing or commissioning grave breaches, whereever the
perpetrators be. Article 148 of the Fourth Geneva states that 'no High
Contracting Party shall be allowed to absolve itself or any other High
Contracting Party of any liability incurred by itself or by any other
High Contracting Party...'
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LAW - The Palestinian Society for the Protection of Human Rights and the
Environment is a non-governmental organisation dedicated to preserving
human rights through legal advocacy. LAW is affiliate to the
International Commission of Jurists (ICJ), the International Federation
for Human Rights (FIDH), and the World Organisation Organisation Against
Torture (OMCT).
LAW - The Palestinian Society for the Protection of Human Rights and the
Environment, PO Box 20873, Jerusalem, tel. +972-2-5833530, fax.
+972-2-5833317, email: law@lawsociety.org, web: www.lawsociety.org
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