Israel Denies Illegal Weapons Use

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

KHAN YOUNIS, Gaza – On January 10, Human Rights Watch (HRW) accused Israel of illegal use of phosphorus munitions.  In their statement, HRW said that on January 9 and 10, its researchers observed multiple air-bursts of artillery-fired white phosphorus over what appeared to be the Gaza City and the Jabaliya refugee camp.

In addition, Palestinian medics in Khan Younis said the Israelis fired phosphorus shells at Khouza, in southern Gaza, that killed a woman and caused at least 60 people to suffer gas inhalation and burns.  The hospital’s chief doctor, Dr. Yousef Abu Rish, said “These people were burned over their bodies in a way that can only be caused by white phosphorus.”

Israel categorically denied HRW’s accusation and Palestinian medics’ reports of recent casualties from white phosphorus, saying that all weapons use were legal.  In a statement issued yesterday, military spokesman’s office said: “We don’t specify operational details, nor the type of ammunition that we use, but any ammunition that is used by the IDF [Israel Defense Forces] is within the scope of international law.”

The 1980 Convention on Conventional Weapons says that white phosphorus should not be used as a weapon of war in civilian areas, but there is no blanket ban on its use as a smokescreen or for illumination.  However, HRW believes that the use of white phosphorus in densely populated areas, such as Gaza, violates the requirement under international humanitarian law to take all feasible precautions to avoid civilian injury and loss of life. 

James Ross, the Legal and Policy Director at HRW, said “We are concerned over its use over a densely populated area…Our concern is that it is being air-fired, often at relatively low altitude. We are particularly concerned over how it can cause severe civilian harm.”  When fired into the air, the smoke can provide a useful smoke screen to mask large troop movements.  However, the incendiary effects spread over a wider area.  Thus, when used in a densely populated area, it could have a widespread devastating impact on civilians.

Munir Albarsh, the Head of Emergency Medicine at Gaza’s Ministry of Health, said that doctors were collecting tissue samples at hospitals across Gaza to send for phosphorus testing at international laboratories. He added that the ministry would demand an independent international investigation into Israel’s use of white phosphorus.

Without independent investigation, there is no way to know for certain whether Israel used white phosphorus in densely populated areas. HRW statement said that their researcher did observe Israel using white phosphorus as an “obscurant,” which is permissible under international law.  Additionally, even if the burns were caused by white phosphorus, it is not conclusive on whether its use was illegal under international law.

For more information, please see:

Al Jazeera – Israeli Army ‘Using White Phosphorus’ (Video) – 12 January 2009

Times – Gaza’s Burn Victims Add to Pressure on Army Over Phosphorus – 12 January 2009

Associated Press – Rights Group: Israel Uses Incendiary Bombs in Gaza – 11 January 2009

BBC – Israel Denies Banned Weapons Use – 11 January 2009

HRW – Israel: Stop Unlawful Use of White Phosphorus in Gaza – 10 January 2009

International Middle East Media Center – Human Rights Watch: ‘Israel is Using White-Phosphorus Against Gaza – 10 January 2009

Reuters – FACTBOX – Key Facts About White-Phosphorus Weapons – 10 January 2009

Guardian – Airburst Shells ‘Are Danger to Civilians’ – 9 January 2009

Juvenile Law Center Calls on President-Elect Obama to Intervene in the Khadr Case

Citing violations of international and U.S. law, the psychological effects of torture and mistreatment of a child, and the mounting evidence of Omar Khadr ’s innocence on the most serious charge he faces, experts today issued a joint statement calling for an immediate halt of his Military Commissions trial. The joint statement calls on President-Elect Obama to immediately stop the trial upon assuming office on January 20, 2009. Absent prompt action, Omar Khadr’s fatally-flawed military trial will start on January 26th – just six days after the new administration takes office.  Over 350 children’s and human rights activists, scholars, advocates and professionals who work with youth have signed on to condemn the Bush administration’s torture and prosecution of child soldier Omar Khadr under the Military Commissions Act.

The Juvenile Law Center has issued the following press release and letter to President Obama.

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The Juvenile Law Center is one of the oldest multi-issue public interest law firms for children in the United States.  JLC uses the law to protect and promote children’s rights and interests in the child welfare and juvenile justice systems, with a particular emphasis on ensuring that public systems do not harm children and you in their care.

700 West Papuans to Return from Papua New Guinea

By Sarah E. Treptow
Impunity Watch Reporter, Oceania

PORT MORESBY, Papua New Guinea– Over 700 West Papuans living in Papua New Guinea are returning home to the Indonesian side of the border even though there are claims they face human rights abuses.  The Indonesian Embassy in Port Moresby will begin flying the West Papuans to Vanimo on PNG’s coast next month and will then drive them across the border to their former homes.  Hakim Abdul from the embassy said the voluntary repatriations were happening because conditions in West Papua had steadily improved since 2001.

Mr. Abdul said, “It’s good news as they now want to go home after learning about life in West Papua from friends and family, even reading the internet.”  The Indonesian government would pay for the repatriation and was working with PNG’s government about the issue.

Felix Meraudje from the West Papua National Congress based in Port Moresby said it was a publicity stunt.  Mr. Meraudje said, “It’s publicity to show Indonesia is good.”  He continued, “These people who have chosen to go back are frustrated with the lack of results from the United Nations to place us outside of PNG.”  He said 10,000 to 20,000 West Papuans who fled their homes on the Indonesian side because of persecution by authorities that lived throughout PNG.

Many of the West Papuans fled originally to escape separatist violence.

For more information, please see:
Pacific Islands Report – 700 West Papuans to Return From Papua New Guinea – 12 January 2009

Radio New Zealand International – Hundreds of Papuans in PNG gear up for repatriation to Indonesia – 09 January 2009

The Sydney Morning Herald – Indonesia bringing 700 West Papuans home – 09 January 2009

China Court Sentenced A Pro-Democracy Activist 6 Years in Jail

By Ariel Lin
Impunity Watch Reporter, Asia

BEIJING, China – A 65-year-old democracy activist, Wang Rongqing, has been sentenced to six years in jail.  He is charged of “subversion against the state,” having supported and spread the “China Democracy Party” (CDP). The sentence was handed down on Thursday by the people’s court in Hangzhou (Zhejiang), according to a Chinese Human Rights Defenders.

Wang is a veteran of pro-democracy activism.  He had helped to set up CDP in the late 1990s, and and was imprisoned on a number of occasions.  Wang continued to “participate in an active way, organizing and developing it” even after the ministry of public safety had branded CDP an “enemy organization”, according to the crimes listed in the sentence.  Before the Olympics in Beijing, Mr. Wang organized the first national meeting of the CDP and published many articles on the web, and a book entitled “The opposition party.”

The sentence of six years is one of the highest ever handed down in Zhejiang for pro-democracy activists. According to the CHRD (Chinese Human Rights Defenders), after Wang’s arrest, the police advised his family to remain quiet and to accept a public attorney for the trial.  The police told Wang’s family, in this way, Wang could have received a lesser penalty. Wang’s family followed the advice, never gave interviews, and accepted court-appointed lawyer Liu Yong.

According to Zhou Wei, a dissident who attended the trial, says that the sentence was so heavy because the government is trying to suffocate any democratic criticism after the publication of Charter 08, a call for sweeping political change in China.  Wang’s friends say that Wang is ill, and is able to move only with the use of crutches.  At the reading of the sentence and asking him whether to appeal in court, Wang shrugged his shoulders as if to say this would be useless.

For more information, please see:

AP – Chinese democracy activist sentenced to 6 years – 08 January 2009

AsiaNews – Pro-democracy activist Wang Rongqing sentenced to six years for “subversion” – 08 January 2009

BBC – Veteran Chinese activist jailed – 08 January 2009

Reuters – China court jails dissident for 6 years – 07 January 2009

Papuan Activists Jailed After Waving Banned Flag

Hayley J. Campbell
Impunity Watch Reporter, Oceania

JAYAPURA, Papua – A High Court in Papua has sentenced 11 peaceful protesters to prison for waving a banned flag.

Jack Wanaggai was among the activists arrested in March 2007 for participating in a peaceful demonstration in support of Papua’s independence from Indonesia. The Indonesian government has harshly condemned separatist demonstrations including waving flags containing separatist symbols.

Indonesia’s criminal code strictly prohibits the display of the Morning Star Flag in Papua, the South Maluku Republic Benang Raja flag in Ambon, and the Crescent Moon flag in Aceh. Activists caught displaying such flags may receive as much as life in prison.

Wanggai’s lawyer, Yan Christian Warinussy said that, “the activists were carrying out peaceful demonstrations … and they brought the Morning Star flag.”

On Thursday, a High Court in Jayapura, Papua’s provincial capital, increased the sentences of the 11 Papuan activists. Wangggai received a three and a half year prison sentence, while the other 10 protestors received three years.

Separatist protests and demonstrations for independence have long marked Papua’s history. Once a Dutch colony on New Guinea’s western end, Papua became Indonesia’s largest province in 1969. Violence erupted in 2003 after President Megawati Sukarnoputri separated Papua into three provinces: Central Irian Jaya (Irian Jaya Tengah), Papua (or East Irian Jaya, Irian Jaya Timur), and West Irian Jaya (Irian Jaya Barat).

The separation has divided Papuans who accuse the Indonesian military of violating human rights. In addition, many Papuans complain that the money earned from Papua’s natural resources mostly ends up profiting Jakarta. As a result, Papuans have campaigned peacefully for their independence.

For more information, please see:
Sydney Morning Herald – Indonesia jails 11 Papuans over flag – 09 January 2009

Radio New Zealand International – 11 Papuans jailed in Indonesia for separatist activities – 09 January 2009

Jakarta Globe National – Verdicts Upheld for Morning Star Raisers – 09 January 2009