Public MDE 01/003/2002
Amnesty International welcomes the endeavours of the UN Secretary-General and the High Commissioner for Human Rights to address the grave human rights and humanitarian situation in Israel and the Occupied Territories. Amnesty International calls on the international community, and the Security Council in particular, to support necessary measures for the effective protection of human rights and international humanitarian law.

The High Commissioner for Human Rights has called for international observers on the ground and stated that their presence can be a deterrent to human rights abuses. The UN Secretary-General has proposed that an international force should be sent to the region to create a secure environment that would enable the unimpeded delivery of assistance to those in need, an end to the killings, and that would create conditions for the Palestinian Authority to rebuild its judicial and other institutions.

The Security Council, in resolution 1397, stressed the need for all concerned to ensure the safety of civilians and to respect international humanitarian law. This demand has not been met by either Israel or the Palestinian Authority.

Amnesty International strongly supports the establishment of an independent, impartial team of expert monitors to be deployed in the region to assist in the protection of the rights of Palestinians and Israelis as provided under international humanitarian law and human rights standards. Such a monitoring force could be part of an international presence mandated by the Security Council, such as the multinational force with a robust mandate formed by a coalition of the willing proposed by the UN Secretary-General.

Independent and impartial observation and reporting of what is happening is urgently required. Amnesty International notes calls by governments and others, including the UN Secretary-General, for an independent monitoring mechanism in the region. As the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the Palestinian territories occupied by Israel since 1967 has stated in his recent report, "the need for an international presence, either in the form of monitors or of peacekeepers, is surely imperative to reduce violence, restore respect for human rights and create conditions in which negotiations can be resumed."

Whichever structure is chosen, international monitors must have appropriate tasks, powers, resources and skills in order to be effective. Amnesty International believes that the following are essential elements.

Mandate
The monitors must monitor, investigate and report on suspected and alleged abuses of international human rights standards and the rules of international humanitarian law, including the Fourth Geneva Convention, which applies in the Occupied Territories, including:

• respect for the right to life, such as prohibitions of unlawful killings of Palestinians, including extra judicial executions and killings resulting from disproportionate use of force, and of deliberate attacks on Israeli and other civilians, including incidents where civilians are fired upon or otherwise deliberately attacked, and incidents where excessive force may have been used in responding to acts of violence;
• respect for the right to freedom from torture and cruel, inhuman or degrading treatment and punishment, including the treatment of detainees by Israel and the Palestinian Authority and the treatment of Palestinians at military checkpoints;
• protection from arbitrary detention;
• respect for the prohibition of collective punishment;
• respect for the neutrality of medical services and their freedom of operation and
• unhindered delivery of humanitarian assistance.

Monitors should be entitled to report to both the Israeli and Palestinian authorities on abuses of humanitarian law and human rights; to recommend remedial action, as appropriate, including the initiation of investigations and bringing those responsible to justice in proceedings meeting international standards of fairness; and should report on the implementation of their recommendations.

Monitors should examine whether the relevant authorities conduct impartial and effective investigations into alleged human rights and humanitarian law abuses and act on their conclusions, for example by charging and prosecuting alleged offenders in the course of proceedings that meet international standards of fairness.

The monitoring body should provide regular public reports to all relevant UN organs including to the Security Council for discussion in their regular meetings on the situation in the Middle East.

In the exercise of their functions, the monitors should comply with and apply international human rights and humanitarian standards and follow appropriate UN rules and standards for investigation, such as the Principles and Manual for the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions and the Istanbul Protocol.

In order to discharge their mandate, monitors will have to be impartial, experienced, and have a knowledge of human rights and international humanitarian law.

Powers
Monitors must be able to visit all places and interview individuals freely and confidentially.

Amnesty International calls upon both the Israeli Government and the Palestinian Authority to permit and assist monitors to work effectively within their jurisdictions and to take all necessary measures to ensure the monitors' security.

 

AI Index: MDE 01/003/2002

19 April 2002

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