On 21-27 July 2007 the EMHRN sent a mission to investigate the current human rights situation in the Occupied Palestinian Territories (OPT) and, in particular, the Gaza strip. It was composed of EMHRN members Per Stadig, lawyer, Sweden, and Stefan August Lütgenau, historian, Austria.
The mission met with representatives of human rights organisations, trade unions, women’s organisations, journalists and other civil society organisations in the Gaza Strip, the West Bank and Israel.
It also met with members of the Palestinian Legislative Council (PLC) belonging to Fatah, Hamas and other political parties, including independent PLC members, as well as other representatives of the two parties to the present internal conflict.

The mission observed an overall calm and secure situation in the Gaza Strip. Hamas seems to be in effective control of the Strip and its institutions through its armed forces (‘executive forces’).

However key institutions of the Palestinian Authority (PA), such as the judiciary, the government, the law enforcement and border control agencies, are put out of action in Gaza.

Since the election in 2006 the PLC has not been functioning properly. In March 2007 the PLC was not able to hold its annual constitutive opening session successfully and its work is blocked due to the political deadlock.
Serious violations of human rights and international humanitarian law (IHL) have been and continue to be committed by both parties to the internal Palestinian conflict both in the Gaza Strip and the West Bank (such as extra judicial killings, kidnapping, torture, arbitrary detention). Israel made two failed attempts of extrajudicial killings during the mission’s visit in Gaza, which were later carried out with fatal result.
A significant hindrance to establishing the rule of law in the OPT has been the inability of the PLC to function properly since elections took place in 2006. Main reasons hindering the functioning of the PLC are the arrest by Israel of more than 40 PLC members (out 132) as well as the internal conflict between Fatah and Hamas.
The Palestinian basic law does not foresee a way out of the current conflict and a solution has to be negotiated between the parties. Considerable responsibility lays on the President of the PA, as the elected representative of the Palestinians, the parties exercising power in the West Bank and the Gaza Strip, and members of the PLC to commence political dialogue, based on full respect for democratic principles, human rights and the rule of law.

Civil society has a crucial role to play in holding the various actors to account in fulfilling their obligations under international law and IHL, together with facilitating the necessary dialogue for meaningful change.

At the same time Israel must comply fully with international law and all relevant UN resolutions. In this respect the EU and the international community must call on Israel to fulfil its human rights and IHL obligations throughout the OPT.

The EU and the international community must also call on Palestinian actors to fulfil their obligations under international law and IHL and facilitate redress of rule of law, respect the Palestinian basic law, democratic principles and values.

A full report from the mission will be issued shortly.

Detailed reports and documentation on violations of human rights and IHL in the OPT can be found at:

B'TSELEM - The Israeli Information Center for Human Rights in the Occupied Territories
www.btselem.org