Israel/OT: Amnesty International Statement To The United Nations About The Fact-Finding Team To Inquire Into The Events
In Jenin
23 April 2002
Amnesty International welcomes the speed with which the UN Secretary-General has created a fact-finding team, to be
headed by Martti Ahtisaari, the former President of Finland, to establish what happened in Jenin refugee camp. The
organization is concerned, however, that unless the team has a clear mandate, powers and all necessary resources to
thoroughly investigate alleged abuses of human rights and international humanitarian law, it will be extremely difficult
to conduct an authoritative inquiry.
Amnesty International's delegates have just returned from Jenin, and found credible evidence of serious breaches of
human rights and humanitarian law. These include unlawful killings, excessive use of lethal force, and failure to give
civilians warning before attacks by helicopters. They found extensive destruction of property without apparent absolute
military necessity, denial of medical and humanitarian assistance and ill-treatment of detainees. Since many people
remain detained, Amnesty International urges that the UN fact-finding team should also establish the legality of their
detention and investigate their treatment during arrest and detention.
Given the conflicting claims about the numbers and nature of killings, the circumstances in which a range of human
rights abuses occurred and the complexity of legal issues involved, the team should be provided with additional expert
assistance to enable it to conduct an authoritative and thorough inquiry.
Amnesty International calls on the UN to ensure that the fact-finding team will be supported by:
sufficient numbers of criminal justice investigators, ballistic experts, as well as forensic experts able to carry out
post-mortem examinations; experts in both international humanitarian and human rights law; experts in protection of
victims and witnesses, including women and children; all necessary expertise and assistance from the High Commissioner
for Human Rights.
The fact-finding team should carry out its investigations on the basis of relevant international humanitarian law and
human rights standards. These include UN standards for investigation, notably the UN Principles for the Effective
Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, the 1991 UN Manual on the Effective
Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions and the 1995 Guidelines for the conduct of
UN Inquiries into Allegations of Massacres.
Furthermore, the team should be permitted to speak to anyone in private including to all necessary Israeli and
Palestinian officials, members of the Israeli Defence Force, as well as detainees, and have powers to gain access to all
necessary documentary and other evidence.
Amnesty International calls on the international community to assist the team by providing all necessary resources,
material and technical equipment enabling it to conduct a full-scale expert investigation.
Amnesty International calls on all parties concerned to ensure the safety and security of the investigative team and to
fully cooperate with its members. They should take all necessary steps to ensure that the fact-finding team has
unimpeded access to all places.
Amnesty International welcomes that the fact-finding team will be deployed immediately, and urges that their reports to
the Secretary-General should be made public as soon as possible.
In the event that the fact-finding team is not provided with a clear mandate, additional expertise and adequate
resources to effectively investigate the alleged abuses of human rights and international humanitarian law in Jenin
since 3 April 2002, the team should only be considered as a first step towards the prompt creation of a full scale
independent, international commission of inquiry which the gravity of the allegations clearly calls for. Eventually
those responsible for violations of international law must be brought to justice in trials meeting international
standards.
In view of the continuing reports of abuses of human rights and humanitarian law received by Amnesty International, the
organization welcomes that the Security Council, in adopting resolution 1405, stressed the need for all concerned to
ensure the safety of civilians and to respect international humanitarian law.
Ends
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