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
|
[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.
