Translator: Davood Salehan
The prominent feature of the Palestinian territories, apart from exceptional cases, is unrestrained riots and insecurities that are distinctly distinguished in current international law of armed conflict situations and calls for a relatively separate legal regime. In the past decades, dealing with such situations was essentially a domestic issue, and governments were fully free to deal with this phenomenon and restore domestic order and security, and they could behave the way they wanted, but today, although in the pursuit of sovereignty and establishing or restoring the public order of the public interests, limited government actions are considered legitimate as long as the possibility and power to use force is permitted, but it is subject to limitations and prohibitions. Hence, some international rules have been formulated for law enforcement officials (police and security forces), and they have developed a performance guarantee. It should be noted that these rules and regulations restrict the behavior of the states and the police and law enforcement agencies, regardless of the legitimacy or lack of legitimacy of the state or its conduct, or even irrespective of the legality of the movement of people, and they apply to such situations. Therefore, Israel has also been obliged to comply with these standards in dealing with this situation in the occupied territories. In conclusion, since the minimum human rights are recognized (the right to life, freedom and personal security, the right to integrity and observance and respect for human dignity) should always be protected in these situations, and any restrictions on the enjoyment of these rights must necessarily be due to legal and moral reasons and through the principles of "justice", "proportionality" and "necessity" The three most important international instruments in this regard, all of which are based on human rights standards, are: a. The basic principles of the use of force and firearms by law enforcement officers; b. Code of conduct for law enforcement officers; c. Principles for effective prevention and investigation of extrajudicial, arbitrary executions.
These documents provide special provisions for dealing with any social disorder, one of the most important of which is:
The use of force by the police only when it is clearly necessary and to the extent that its duty is required;
Use of force and firearms by the police, in accordance with human rights standards;
The obligation of governments and the police agency to equip and provide police with weapons of the least harm possibility, including non-lethal weapons;
The necessity of using non-violent means before resorting to force and weapons [As far as possible];
Limiting the police's inevitable use of weapons of guns and operating in proportion to the severity of the situation and the achievement of the goal;
Minimizing injuries and respecting human life;
Non-use of arms against people, except in cases of self-defense and others against immediate threat of death or serious injury;
Recognizing legal gatherings;
Non-violent and non-use of force and arms when dealing with illegal but peaceful gatherings;
Prohibition and punishment of extrajudicial executions and deliberate killings;
Obligation to deal with relatives' complaints about abnormal death.
In addition, the fact is that all governments have the relative freedom to identify the threat posed by their public order and to take appropriate measures to restore normal status and order of the state, to declare a state of emergency and even use force, however, according to a draft law on State responsibility in the International Law Commission, the announcement of emergency situations by the government is possible only if this issue is the only means of guaranteeing a fundamental and basic benefit to the immediate and severe threat, and to provide more firmly safeguards, and this rule must be set up before the crisis including mechanisms for controlling, regulating and institutionalizing actions that are taking place during a crisis and a state of emergency. At the same time, the announcement of an emergency situation shall be identified for other states it means the state of emergency shall be officially announced. In the end, according to paragraph one of Article VII of the International Criminal Tribunal's constitution, we can mention the following measures in restrictions of States in dealing with domestic unrest in the definition and counting crimes against humanity, as well as in accordance with paragraph of the two articles: murder, exile or forced displacement of the population, imprisonment, or severe deprivation of liberty which is contrary to the fundamental rules of international law, persistent persecution of any group or A specific set for political, ethnic, national, cultural, religious reasons , gender or other causes, crimes, racial discrimination, and other non-human acts that are deliberately intended to cause great harm or suffering physical or mental harm. In addition, Article 6 of the same constitution mentions genocidal crime that according to the substance of the article, it may be committed both during the armed conflict, both domestic and international, and in peacetime, that is, acts intended to destroy all or part of a national, ethnic or religious group: the murder of members of the group, the harm done to the physical or mental health of members of a group, the deliberate placement of the group exposed to inappropriate life and conditions leading to the deterioration of general or partial physical forces.
What is the situation in the Occupied Territories, according to the above standards?
Fortunately, today, the free flow of information has made it possible for the world to be aware of and make fair judgments about the many reports of impartial and credible international institutions in various cases. One of the most remarkable cases is the reports of such organizations and institutions related to the Palestinian Territories, including the Human Rights Watch, in a detailed report in 1994, which uncovered extensive and planned torture, with impunity for the perpetrators, during which the illegal detention of more than a hundred thousand Palestinians since the intifada in December 1987 is pointed out and reports of violations of the fundamental principles of international law. (Limitation of physics and psychological pressures for a long time, keeping in difficult and cold conditions, preventing visits to lawyers and families, cases of murder under torture, long term sleep deprivation, lack of medical care, etc.) The Amnesty international community recently noted in a report on the health status of more than 1,000 Palestinian prisoners detained by Israeli military forces (IDF) in camps and cities in the West Bank and the Gaza Strip:
Torture by hitting and breaking down and sustaining in painful situations;
Keeping detainees in cruel, inhuman, degrading situations;
Issuing a military order to prevent accused persons from obtaining a lawyer;
Long handcuffs with food, water and toilets deprivation;
Keeping them in cold cells without any blankets and covers;
Refusal to inform families about the causes of detention and the place of detention;
Execution outside the judicial system of some prisoners.
The report also included executions without civilian trials, the targeting of ambulances and medical personnel, the escape of civilians from their homes, even at non-military hours, the firing of civilians on the streets during the military occupation of Ramallah, Qalqiliyah, Tolkerm and Janine. In 2001, Amnesty International, in words of the Anti-Torture Committee, considered the policy of blocking [roads] and destroying Palestinian homes as brutal, inhuman, and immoral behaviors contrary to article 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The report said that the destruction of Palestinian homes, which only reached 500 in 2000, resulted in displacement and homelessness of four thousand Palestinians (mostly children), or because of punishment for violations of the laws of urban planning, or for security reasons. High commissars of human rights besides mentioning the murder and executions outside legal process, extensive arrests, cut of water and electricity, stopping human help and avoidance of medical aids, calls the cases as tragic examples of growing violence and deprivation of right to live.
According to human rights watch, Israel's legislative assembly on March 4 of this year passed the "detention of illegal civilians" according which the Israeli security and military forces are allowed to arrest individuals that directly or indirectly are suspects of hostilities against Israel or are affiliated to forces that have anti-Israeli activity. According to this law, all such persons are as security threats and therefore they can be kept in custody without charge or trial until their hostile activities against Israeli continue. Human Rights Watch believes that this incorrect legislation violated basic principles of international law. It must be said that the above reports are just to provide some of the thousands of documents that are monthly represented to the world public opinion by credible and impartial international institutions about Israel's performance. Therefore, it is concluded that the performance of Israeli officials and military personnel in the field of dealing with the Palestinian people are entirely at contrast with the minimum standards internationally adopted and recognized by human rights.