xxxxxxxxxx High Commissioner for Human Rights condemns all
actions targeting civilians in Lebanon and Israel xxxxxxxxxx
14 July 2006
The High Commissioner for Human Rights underscored the Secretary-General's condemnation of all actions that target civilians, or which unduly endanger them due to their disproportionate or indiscriminate character, OHCHR's spokesman told a news briefing in Geneva today. The High Commissioner said that, while Israel has legitimate security concerns, international humanitarian law requires that parties to a conflict refrain from attacks directed against civilian objects. In particular, they have an obligation to exercise precaution and to respect the proportionality principle in all military operations so as to prevent unnecessary suffering among the civilian population. The prohibition on targeting civilians is also being violated by Hezbollah. The High Commissioner urged those detaining the captive Israeli soldiers to secure their immediate and safe release. This would be instrumental in bringing the current crisis to a halt.
xxxxxxxxxx HIGH COMMISSIONER FOR HUMAN RIGHTS CALLS FOR
PROTECTION OF CIVILIANS AND ACCOUNTABILITY IN
LATEST MIDEAST CRISIS xxxxxxxxxx
19 July 2006
United Nations High Commissioner for Human Rights Louise Arbour today expressed grave concern over the continued killing and maiming of civilians in Lebanon, Israel and the occupied Palestinian territory and called for accountability for any breaches of international law.
The High Commissioner recalled that parties to a conflict have the obligation to exercise precaution and respect the principle of proportionality in all military operations so as to prevent unnecessary suffering among the civilian population. "Indiscriminate shelling of cities constitutes a foreseeable and unacceptable targeting of civilians", she said. "Similarly, the bombardment of sites with alleged military significance, but resulting invariably in the killing of innocent civilians, is unjustifiable".
"International humanitarian law is clear on the supreme obligation to protect civilians during hostilities", the High Commissioner said. "This obligation is also expressed in international criminal law, which defines war crimes and crimes against humanity".
"International law demands accountability. The scale of the killings in the region, and their predictability, could engage the personal criminal responsibility of those involved, particularly those in a position of command and control".
The High Commissioner also warned about the deteriorating humanitarian situation, in particular in southern Lebanon, where the population is reported to be increasingly deprived of access to basic services due to the violence.
"The situation in the south of Lebanon is alarming", she said. "A large and steadily increasing number of persons have been forcibly displaced. The most basic human rights of the population are at risk or are being violated, including their rights to life, health and food". The unrestricted and secure passage of all humanitarian assistance, including rapid and unimpeded access for humanitarian workers should be ensured as a matter of priority, she said.
xxxxxxxx UN HEALTH RIGHTS EXPERT CALLS FOR INDEPENDENT ENQUIRY INTO ALLEGED WAR CRIME IN GAZA xxxxxxxxxx
Wednesday 19th July 2006
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 (http://www.ohchr.org).
xxxxxxxxxx UN HUMAN RIGHTS EXPERTS URGE PARTIES TO THE CURRENT
CONFLICT IN THE MIDDLE EAST TO FULLY RESPECT AND PROTECT THE RIGHTS OF THE CIVILIAN POPULATION
xxxxxxxxxx
21 January 2006
The Representative of the Secretary-General on the human rights of internally displaced persons, Walter Kälin; the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari; the Special Rapporteur on the right to food, Jean Ziegler; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Ambeyi Ligabo; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt, and the Special Rapporteur on the right to education, Vernor Muñoz issued the following statement today:
"We, express our grave concern that the on-going armed conflict in Lebanon, Israel and Gaza poses serious human rights and humanitarian threats to the civilian population. We call on the parties to the conflict to fully respect the principle of proportionality in the conduct of hostilities and to refrain from indiscriminate attacks on civilians causing loss of life and mass displacement. We urge them to immediately agree on the cessation of hostilities in order to permit unrestricted and secure passage of all humanitarian assistance.
Eight days after the extension of the hostilities to Lebanon, large numbers of civilians continue to be killed and wounded. In Lebanon, civilian populations have been deprived of their housing and access to critical services. The massive destruction of public infrastructure obstructs delivery of humanitarian assistance to persons in need of urgent medical assistance, food, and safe water and sanitation. The lack of sanitation increases the risk of infectious diseases. According to UN estimates, about 500,000 people have been displaced in Lebanon, many of whom must seek refuge in schools, public buildings or are stranded in open spaces.
The reported destruction of schools will detrimentally affect enjoyment of the right to education in the long term. The wounding of media professionals, destruction of media infrastructure, and restrictions on access to war zones pose a threat to the freedom of information and expression.
In Israel, large numbers have been forced into shelters, many are fleeing northern cities, and water supplies in the north have been affected.
We recall that the civilian population must be protected in all circumstances and parties to a conflict must comply with the international legal obligation to distinguish between civilian and military objectives. International human rights law and humanitarian law both recognize the need to ensure the rights of civilians to life, food, the highest attainable standard of health, housing and other fundamental human rights which remain applicable in times of armed conflict. Provisions of international law protecting persons against being displaced and during displacement, as restated in the Guiding Principles on Internal Displacement, are of special relevance. Adequate measures should be taken as a matter of urgency to protect the civilian population and ensure non-discriminatory access to all necessary assistance and services, including proper accommodation for the displaced, in particular the most vulnerable.
The international community must not ignore that the current upsurge of violence in the region is triggering a serious humanitarian crisis. We join the call of the United Nations Secretary-General for an immediate cessation of hostilities and urge all parties to meet their obligations under international law."
* * *
actions targeting civilians in Lebanon and Israel xxxxxxxxxx
14 July 2006
The High Commissioner for Human Rights underscored the Secretary-General's condemnation of all actions that target civilians, or which unduly endanger them due to their disproportionate or indiscriminate character, OHCHR's spokesman told a news briefing in Geneva today. The High Commissioner said that, while Israel has legitimate security concerns, international humanitarian law requires that parties to a conflict refrain from attacks directed against civilian objects. In particular, they have an obligation to exercise precaution and to respect the proportionality principle in all military operations so as to prevent unnecessary suffering among the civilian population. The prohibition on targeting civilians is also being violated by Hezbollah. The High Commissioner urged those detaining the captive Israeli soldiers to secure their immediate and safe release. This would be instrumental in bringing the current crisis to a halt.
xxxxxxxxxx HIGH COMMISSIONER FOR HUMAN RIGHTS CALLS FOR
PROTECTION OF CIVILIANS AND ACCOUNTABILITY IN
LATEST MIDEAST CRISIS xxxxxxxxxx
19 July 2006
United Nations High Commissioner for Human Rights Louise Arbour today expressed grave concern over the continued killing and maiming of civilians in Lebanon, Israel and the occupied Palestinian territory and called for accountability for any breaches of international law.
The High Commissioner recalled that parties to a conflict have the obligation to exercise precaution and respect the principle of proportionality in all military operations so as to prevent unnecessary suffering among the civilian population. "Indiscriminate shelling of cities constitutes a foreseeable and unacceptable targeting of civilians", she said. "Similarly, the bombardment of sites with alleged military significance, but resulting invariably in the killing of innocent civilians, is unjustifiable".
"International humanitarian law is clear on the supreme obligation to protect civilians during hostilities", the High Commissioner said. "This obligation is also expressed in international criminal law, which defines war crimes and crimes against humanity".
"International law demands accountability. The scale of the killings in the region, and their predictability, could engage the personal criminal responsibility of those involved, particularly those in a position of command and control".
The High Commissioner also warned about the deteriorating humanitarian situation, in particular in southern Lebanon, where the population is reported to be increasingly deprived of access to basic services due to the violence.
"The situation in the south of Lebanon is alarming", she said. "A large and steadily increasing number of persons have been forcibly displaced. The most basic human rights of the population are at risk or are being violated, including their rights to life, health and food". The unrestricted and secure passage of all humanitarian assistance, including rapid and unimpeded access for humanitarian workers should be ensured as a matter of priority, she said.
xxxxxxxx UN HEALTH RIGHTS EXPERT CALLS FOR INDEPENDENT ENQUIRY INTO ALLEGED WAR CRIME IN GAZA xxxxxxxxxx
Wednesday 19th July 2006
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 (http://www.ohchr.org).
xxxxxxxxxx UN HUMAN RIGHTS EXPERTS URGE PARTIES TO THE CURRENT
CONFLICT IN THE MIDDLE EAST TO FULLY RESPECT AND PROTECT THE RIGHTS OF THE CIVILIAN POPULATION
xxxxxxxxxx
21 January 2006
The Representative of the Secretary-General on the human rights of internally displaced persons, Walter Kälin; the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, Miloon Kothari; the Special Rapporteur on the right to food, Jean Ziegler; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Ambeyi Ligabo; the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Paul Hunt, and the Special Rapporteur on the right to education, Vernor Muñoz issued the following statement today:
"We, express our grave concern that the on-going armed conflict in Lebanon, Israel and Gaza poses serious human rights and humanitarian threats to the civilian population. We call on the parties to the conflict to fully respect the principle of proportionality in the conduct of hostilities and to refrain from indiscriminate attacks on civilians causing loss of life and mass displacement. We urge them to immediately agree on the cessation of hostilities in order to permit unrestricted and secure passage of all humanitarian assistance.
Eight days after the extension of the hostilities to Lebanon, large numbers of civilians continue to be killed and wounded. In Lebanon, civilian populations have been deprived of their housing and access to critical services. The massive destruction of public infrastructure obstructs delivery of humanitarian assistance to persons in need of urgent medical assistance, food, and safe water and sanitation. The lack of sanitation increases the risk of infectious diseases. According to UN estimates, about 500,000 people have been displaced in Lebanon, many of whom must seek refuge in schools, public buildings or are stranded in open spaces.
The reported destruction of schools will detrimentally affect enjoyment of the right to education in the long term. The wounding of media professionals, destruction of media infrastructure, and restrictions on access to war zones pose a threat to the freedom of information and expression.
In Israel, large numbers have been forced into shelters, many are fleeing northern cities, and water supplies in the north have been affected.
We recall that the civilian population must be protected in all circumstances and parties to a conflict must comply with the international legal obligation to distinguish between civilian and military objectives. International human rights law and humanitarian law both recognize the need to ensure the rights of civilians to life, food, the highest attainable standard of health, housing and other fundamental human rights which remain applicable in times of armed conflict. Provisions of international law protecting persons against being displaced and during displacement, as restated in the Guiding Principles on Internal Displacement, are of special relevance. Adequate measures should be taken as a matter of urgency to protect the civilian population and ensure non-discriminatory access to all necessary assistance and services, including proper accommodation for the displaced, in particular the most vulnerable.
The international community must not ignore that the current upsurge of violence in the region is triggering a serious humanitarian crisis. We join the call of the United Nations Secretary-General for an immediate cessation of hostilities and urge all parties to meet their obligations under international law."
* * *