Israeli Attacks on Palestinian Fishermen in Gaza Sea

PCHR 

 Wednesday, 10 April 2013 00:00

Fact Sheet

24 March 2013

Israeli Attacks on Fishermen in the Gaza Sea

The Palestinian Centre for Human Rights (PCHR) documented 17 attacks launched by the Israeli forces against Palestinian fishermen during the reporting period (01– 28 February 2013),[1] including 13 shooting incidents, in which 3 fishermen were wounded and 2 fishing boats were damaged; and 2 chase operations in which 6 fishermen arrested and two boats were confiscated.

It should be mentioned that the fishing ports in Khan Yunis, in the south of the Gaza Strip, and in the central governorate remain unable to operate in full capacity due to the damages inflicted upon them during the latest Israeli offensive on the Gaza Strip (14 – 21 November 2012).  Thus, the naval blockade that restricts the fishers' freedom of movement along with the damage inflicted on the Gaza Strip during the offensive, has had grave impacts on the economic and living situation of the fishermen.

Violations of the international humanitarian and human rights law

Israel’s attacks against Palestinian fishermen, who do not pose any threat to the Israeli naval troops, in the Gaza Strip constitute a flagrant violation of international humanitarian and human rights law.  Also, the restricted fishing area, which Israel enforces through arrests and arbitrary attacks, is a form of collective punishment prohibited under Article 33 of the 1949 Fourth Geneva Convention.

Furthermore, the killing and wounding of fishermen violate Article 3 of the Universal Declaration of Human Rights, which stipulates that "everyone has the right to life, liberty and security of person."  Also, the arrest and detention of fishermen are considered an arbitrary conduct carried out without real reasons or mentioning the reason for arrest, in violation Article 9 of the International Covenant on Civil and Political Rights (ICCPR).  Additionally, the detention of Palestinian fishermen in Israel constitutes a violation of Article 49 of the Fourth Geneva Convention which provides that "Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive."

Additionally, Israel denies fishermen, through the confiscation of their fishing boats, their right to earn a living, even though the right to not be arbitrarily deprived from property is ensured under Article 17 of the Universal Declaration of Human Rights.  This is also applicable to the right to just and favorable conditions of work, ensured under Article 23 of the Universal Declaration of Human Rights and Articles 6 and 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).  Similarly, Article 11 of ICESCR recognizes the "right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

First: Firing at Fishing Boats in the Gaza Strip Waters

During the reporting period, PCHR documented 13 cases in which Israeli forces fired at Palestinian fishermen in the sea off the Gaza shore.  These attacks took place within the 6 nautical miles allowed for fishermen to sail and fish in, according to the cease fire agreement signed between Israel and Palestinian armed groups under Egyptian and international auspices.

Three Fishermen Wounded with Israeli Naval Troops' Fires

· On 18 February 2013, two Israeli gunboats attacked a Palestinian fishing boat that was boarding 5 fishermen, while sailing approximately 3 nautical miles off the Soudaniya shore in the north of Gaza City.  The soldiers fired directly at the boat from a distance of approximately 10 metres.  As a result, Abdullah Mas'oud al-Ghoul (24), from Gaza, sustained a shrapnel wound in the left leg; and Abdel Razeq Mahmoud Jarbou' (16), from Gaza, sustained a shrapnel wound in the right leg.  The wounded fishers were transported to Shifa Hospital in Gaza for treatment where their wounds were described as moderate.

· On 21 February 2013, Israeli gunboats opened fire at a Palestinian fishing boat boarding 3 fishermen while sailing approximately 3 nautical miles off the Soudaniya shore in the north of Gaza City.  As a result, Ayman Adnan Mohammed Kababja (37) sustained a bullet wound in his right leg and a shrapnel wound in his left arm.  Kababja was taken to Shifa Hospital in Gaza where his wounds were described as minor.

Second: Arresting Fishermen

During the reporting period, PCHR documented incidents in which the Israeli forces chased and arrested 6 Palestinian fishermen, on two separate occasions, while fishing at an estimated 1 - 3 nautical miles, off the shore of the Soudaniya area, in the northwest of Beit Lahia.

· On 10 February 2013, Israeli forces arrested 4 Palestinian fishermen, including 2 children, while sailing approximately 3 nautical miles off the Soudaniya shore in the north of Gaza City.  The arrested fishers were identified as: Thabet Mahmoud Abdelrazeq Baker (17); Haytham Tariq Baker (25); Amjad Tariq Baker (23); and 'Awad Tariq Baker (16).  Israeli soldiers put the four fishers under interrogation immediately after their arrest, took them to Ashdod port and then to Beit Hanoun "Erez" crossing.  At approximately 17:00 on the same day, Israeli forces released the fishers, but confiscated the fishing boat and other fishing tools, which are the property of Mohammed Abdel Razeq Said Baker (42).

· On 19 February 2013, Israeli gunboats cordoned a fishing boat boarding two fishermen, Mohammed Shihda Khalil Sa'dallah (60) and his son, Mahmoud (23).  The fishermen were sailing off the Soudaniya shore in the north of Gaza City.  The soldiers ordered the fishermen to take off their clothes, jump in the water and swim towards one of the gunboats.  They were arrested, their boat was confiscated and they were taken to Ashdod port.

Third: Confiscation of Fishing Boats

PCHR has followed up Israel’s violations against Palestinian fishermen in the Gaza Strip sea, particularly the confiscation of fishing boats for lengthy periods of time.  During the reporting period, the Israeli forces confiscated 2 fishing boats.

· On 10 February 2013, Israeli forces, stationed off the Soudaniya area in the north of Gaza city, chased and confiscated a fishing boat, which is the property of Mohammed Abdelrazeq Baker (42), while sailing approximately 3 nautical miles off the Soudaniya shore in the north of Gaza City.  The boat was boarding 4 fishermen who were arrested.

· On 19 February 2013, Israeli gunboats chased and confiscated a fishing boat, which is the property of Mohammed Shihda Khalil Sa'dallah (60), from Jablia in the north of the Gaza Strip. The fishermen were sailing approximately 1 nautical mile off the beach.  The naval troops also arrested Sa'dallah and his son.

Fourth: Damaging of fishing tools and equipment

· On 18 February 2013, Israeli gunboats fired at a Palestinian fishing boat, which is the property of Mahmoud Mohammed Jarbou', from Gaza, while sailing approximately 3 nautical miles off the Soudaniya shore in the north of Gaza City.  As a result, the fishing boat was damaged.

· On 21 February 2013, Israeli gunboats opened fire at fishing boat, which is the property of Abdullah Mohammed al-'Absey (53), from Gaza, while sailing approximately 3 nautical miles off the Soudaniya shore in the north of Gaza City.  As a result, the boat was damaged as it sustained many gunshots, one of which hit the engine.

Table of Israeli Attacks on Palestinian Fishermen in Gaza City

(01 – 28 February 2013)

Month	Firing	Killed Persons	Injuries	Arrest Incidents	Number of Detainees	Confiscation of Fishing Boats	Damaging of Fishing Equipment	Total
February 2013	13	0	3	2	6	2	2	17

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[1] This fact sheet issued by PCHR is the fourteenth of its kind.  It addresses violations carried out by the Israeli forces against Palestinian fishermen in the Gaza Strip while practicing their work.  For more details, see Fact Sheets at: www.pchrgaza.org.