PHA-Exchange> UN health rights expert calls for independent enquiry into alleged war crime in Gaza

[claudio at hcmc.netnam.vn]

 from Suad Elias <selias at escr-net.org> -----

Posted as per the request of Rajat Khosla.  
Wednesday 19th July 2006

UN health rights expert calls for independent enquiry into alleged war
crime in Gaza

The United Nations Human Rights Council's Special Rapporteur on the
right to the highest attainable standard of health issued the following
statement today:

As the world's attention is drawn to the widening conflict in Lebanon,
it is extremely important that the deepening humanitarian crisis in the
Gaza Strip is closely monitored and urgently addressed.

 

The depth of this crisis cannot be understood without grasping the acute
dependency and vulnerability of the population of Gaza. Amongst the most
densely populated place in the world, Gaza has been occupied by Israel
for almost 40 years. Its population of 1.4 million, most of whom are
refugees, remains very heavily dependent on Israel, as well as the donor
community.

 

For a variety of reasons, the humanitarian situation in Gaza
deteriorated significantly between March and June 2006. In mid-June, WHO
called the health situation in Gaza "very dangerous".

 

Following the events of 25 June, including the capture of Corporal Gilad
Shalit, Israel has carried out numerous military interventions in the
Gaza Strip. According to UN sources, more than 100 Palestinians have
been killed, including 18 children. Almost 400 Palestinians have been
injured, including 108 children. With limited exceptions, Israel has
sealed Gaza's borders. Some patients returning home to Gaza after
medical treatment abroad, and some patients seeking treatment abroad,
have been unable to pass through the Rafah crossing: while waiting, nine
Palestinians have died. On the night of 27-28 June, Gaza's only
electricity power station was attacked and incapacitated.

 

In short, since WHO's assessment in mid-June, the precarious
humanitarian situation in Gaza has dramatically worsened. Poverty rates,
for example, have now risen to 75%.

 

Here, I confine myself to some brief, preliminary remarks about the
impact of the destruction of Gaza's electricity power station, as well
as the relevant international law.

 

Following the attack, the lack of power for pumps is causing a serious
water shortage, and affecting sewage disposal, for tens of thousands of
households throughout the Gaza Strip. There are reports of sewage
leakage, as well as a reduction in municipal waste collection and
disposal. Reported cases of diarrhoea have increased by 163% compared to
the same period last year. It is possible that communicable diseases,
like cholera and poliomyelitis, will re-emerge. Reduced hospital
services are dependent upon generators that are unsuitable for constant,
long-term use.

 

The right to the highest attainable standard of health includes access
to medical services and also access to adequate sanitation and safe
drinking water. The destruction of Gaza's electricity power station is
profoundly inconsistent with the health and safety of all civilians
living in Gaza, especially the young, sick, infirm and elderly, as well
as their right to the highest attainable standard of health, enshrined
in the International Bill of Rights and other international human rights
instruments.

 

Moreover, the destruction of Gaza's electricity power station may be a
violation of international humanitarian law (sometimes known as the
'laws of war').

 

The basic rule of international humanitarian law is that parties to a
conflict must always distinguish between combatants and civilians.
Attacks can only be directed against combatants and military objectives.


 

Under international humanitarian law, a target may be attacked if it is
both making an effective contribution to the enemy's military action and
its destruction provides a definite military advantage to the attacker.
Whether or not both conditions applied in the case of Gaza's electricity
power station is an issue that demands careful, independent
investigation.

 

In addition, an attack must be proportionate. A target may not be
attacked if the attack is likely to cause a disproportionate amount of
collateral civilian damage. Whether or not the Israeli attack on Gaza's
electricity power station was proportionate is another issue that
demands careful, independent investigation.

 

When undertaking this enquiry, it is imperative that, in addition to
military matters, other relevant issues are also taken into account,
including the acute dependency and vulnerability of the people of Gaza.
When the power station was attacked, what was the foreseeable incidental
impact on the civilian population of Gaza?

 

If the attack on the electricity power station was not in conformity
with international humanitarian law it amounts to a war crime. For
example, if the attack were disproportionate, it was a war crime.

 

In these circumstances, I strongly recommend that, as a matter of
urgency, an independent enquiry be made to determine whether or not the
recent attack on Gaza's electricity power station was a war crime.

 

Under the mandate given to me by the Human Rights Council, I am required
to report "on the status, throughout the world, of the realization of
the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health". I am also required to report on
the domestic and international "obstacles" impeding the implementation
of this human right. If a war crime bearing upon the health of the
population of Gaza has been committed, it constitutes a very significant
"obstacle" to the implementation of the right to the highest attainable
standard of health. It is for this reason that I urge the swift
establishment of a careful, independent enquiry into the attack on
Gaza's electricity power station, in the light of international
humanitarian law. The assessment should also take account of all
relevant international human rights law.

 

Finally, I urge the captors of Corporal Gilad Shalit to release him
unharmed immediately. Pending his release, he must receive appropriate
medical assistance and care, and he must be treated humanely. Also, I
remind all parties that the prohibition against targeting a civilian
population applies to civilians within both Israel and the Gaza Strip.
All such targeting should cease immediately.

 

In May, I wrote to the Government of Israel seeking an invitation to
visit the OPT. I look forward to receiving a positive reply as a matter
of urgency, enabling me to assess the health situation, through the lens
of the right to the highest attainable standard of health, at first
hand.

 

*****

 

The Special Rapporteur is an independent expert appointed by the United
Nations Human Rights Council to help States and others promote and
protect the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health.

 

For further information on the Special Rapporteur's mandate and copies
of his reports please consult the website of the Office of the High
Commissioner for Human Rights (www.ohchr.org).

 



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