Key
developments since May 2000: It appears that Israel has continued to use
antipersonnel mines in the Occupied Palestinian Territories, allegedly without
proper fencing and marking as required by CCW Amended Protocol II, which entered
into force for Israel on 30 April 2001. There have been allegations of mine use
by Palestinians as well.
Israel has not acceded to the Mine Ban Treaty. In
October 2000, a government representative stated that Israel “shares the
concern of the international community regarding the indiscriminate use of
antipersonnel mines, but in view of its security situation is unable to
subscribe to a total ban on their
use.”[1] Israel has said
it “supports a gradual process in which each state will undertake to cease
proliferation of anti-personnel land mines, accept restrictions on possible use,
and – once circumstances permit – a ban on the production and use of
anti-personnel land
mines.”[2] In December
2000, while endorsing a gradual regional process toward a total ban,
Israel’s representative stated, “It should be noted that, in light
of the absence of a comprehensive peace between Israel and its neighbors, it is
obliged to resort to defensive means against terrorists and imposed threats, in
order to protect its civilians. Israel remains therefore unable, at present, to
subscribe to an immediate total ban on landmines, as they remain necessary for
ensuring the safety of our troops and
civilians.”[3]
A
representative from Israel attended the Second Meeting of States Parties to the
Mine Ban Treaty in September 2000 and in a statement said that Israel
“shares, needless to say, the humanitarian values and goals of [the Mine
Ban Treaty], and it is participating accordingly in the international programmes
of mine-awareness and rehabilitation of victims. Moreover, it supports the
international efforts for non-proliferation of APLs [antipersonnel
landmines].”[4]
Representatives from Israel’s Permanent Mission in Geneva attended
intersessional Standing Committee meetings in December 2000 and May 2001.
Israel abstained from voting on UN General Assembly Resolution 55/33V, which
urged implementation and universalization of the Mine Ban Treaty, as it has done
on similar pro-ban resolutions in previous years.
Israel ratified original
Protocol II (landmines) of the Convention on Conventional Weapons (CCW) in 1995.
It ratified the CCW’s Amended Protocol II on 30 October 2000 and Amended
Protocol II entered into force for Israel on 30 April 2001. Israel submitted
eight declarations upon ratification including one that stated:
It is the
understanding of the State of Israel...[that] Article 4 [specifying
detectability of antipersonnel mines] of the Amended Protocol II and the
Technical Annex...shall not apply to mines already emplaced. However,
provisions of the Amended Protocol II, such as those regarding marking,
monitoring, and protection of areas containing mines under the control of a high
contracting party, shall apply to all areas containing mines, regardless of when
the mines were emplaced.[5]
Another understanding submitted by Israel deals with the obligation
under Article 5, paragraph 2(b) to clear mines it has laid before abandoning an
area, or to insure that another State accepts responsibility for clearance:
“Israel understands that Article 5 paragraph 2(b) does not apply to the
transfer of areas pursuant to peace treaties, agreements on the cessation of
hostilities, or as part of a peace process or steps leading thereto.”
Use
Israel states that “the use of
anti-personnel landmines is restricted and is carried out within the constraints
set up by the Amended Protocol II of the CCW
Convention.”[6] Questions
have been raised about inadequate marking and other measures to protect
civilians by Israel, particularly with regard to Israeli minefields in the Golan
Heights. (See separate report for Golan Heights). A 1999 Israeli State
Comptroller’s Office audit found that some minefields are not properly
marked or fenced and are not inspected within the prescribed time. This
includes minefields in Israel proper, the West Bank, Gaza Strip, and areas
controlled by Israel in the Golan
Heights.[7] The measures taken
by Israel to implement and comply with the stricter requirements and obligations
of CCW Amended Protocol II have yet to be assessed.
West Bank/Gaza/Palestinian Authority Territories
Past use of antipersonnel mines by Israel in the
Occupied Palestinian Territories has been detailed in previous Landmine
Monitor Reports. It appears that Israel has continued to use mines in those
areas.
On 4 July 2001, the human rights group Al-Haq reported that Israeli
forces had planted landmines around an outpost near the village of al-Khader.
The village is located in Area C, west of Bethlehem, near by-pass road #60. The
outpost was set up in March 2001, with a tower. A owner of a house located just
15 meters from the outpost told Al-Haq that on 20 April 2001 the Israeli
soldiers erected a fence around the tower, and then planted 20 mines outside the
fence. The following day an Israeli officer visited the family and warned them
that the area around the outpost was surrounded with mines and that if anyone
stepped on them, they would be seriously injured. Israeli soldiers visited
subsequently on a number of occasions and told the family to be careful because
of the landmines in the area. The homeowner told Al-Haq that a mine exploded on
30April 2001 and that an Israeli officer explained it had been set off by a dog.
Another explosion occurred on 10 May and a third on 30 June 2001. On 9 July
2001 an Israeli officer told the family that new mines were going to be planted
about five meters from the house, according to information supplied to
Al-Haq.[8]
The homeowner
alleged that Israeli forces have not fenced or marked the area, and that his
family was denied permission to put up a protective fence. In subsequent
communication with Landmine Monitor, Al-Haq reiterated that the area is not
marked or fenced, and alleged that the IDF prevented locals from putting up
warning signs.[9]
If these
allegations are correct, failure to fence and mark these mines could constitute
a violation of Amended Protocol II, Article 5(2)(a) which states that
non-self-destructing antipersonnel mines may not be used unless “such
weapons are placed within a perimeter-marked area which is monitored by military
personnel and protected by fencing or other means, to ensure the effective
exclusion of civilians from the area. The marking must be of a distinct and
durable character and must at least be visible to a person who is about to enter
the perimeter-marked area.”
In response to a draft of the Landmine
Monitor report, Meir Itzchaki of the Arms Control Division, Regional Security
and Arms Control Department, Ministry of Foreign Affairs, Jerusalem, sent a
letter dated 31 July 2001 to the coordinator of Landmine Monitor. He stated,
“Minefields laid by the IDF are, as a matter of routine, fenced and
warning signs in Hebrew, Arabic and English, are placed. Additionally, the IDF
conducts safety inspections on a regular basis and transfers the appropriate
information to civilian authorities.... Israel has become party to the Amended
Mines Protocol II despite the unique circumstances prevailing in the Middle
East. Having decided to join this instrument, Israel fulfills its obligations
to the fullest extent, and strongly rejects allegations to the
contrary....”
According to an officer from the Security Forces of the
Palestinian Authority, on 21 November 2000, civilians attempting to remove a
blockade near Abu Daaif village in the northern part of the West Bank found
antipersonnel mines buried in the
blockade.[10] On 14 December
2000, the General Director of the Public Committee Against Torture in Israel
submitted a letter to the Israeli government asking for information about the
army’s use of landmines in the West Bank and Gaza
Strip.[11] The letter was sent
following the discovery of four landmines in Abu Daaif village and the injury of
a Palestinian child from Balata refugee camp. In response, an Israel Defense
Force (IDF) lawyer said that the matter had been referred to central command
officials responsible for the area and noted that near Abu Daaif village there
is a minefield, which was, according to IDF, laid by the Jordanian Army during
the 1967 war.[12] The IDF
response stated that the minefield was cleared in 1982 after an explosion
claimed the lives of three Israeli soldiers, but went on to note that the
landmines existing in that area now must be from this minefield.
According to
the Palestinian National Security Information Center, since September 2000 the
IDF has laid antipersonnel landmines in areas within “Zone A” in the
Gaza Strip, and in areas adjacent to Israeli settlements and military
sites.[13] Landmine Monitor has
not been able to verify this claim. In the 31 July 2001 letter to Landmine
Monitor, Meir Itzchaki of the Ministry of Foreign Affairs said this
“allegation is completely untrue and unfounded and is nothing more than
propaganda.”
There have also been allegations of mine use by
Palestinians. According to one press account, “Security sources in Israel
have learned that the PA has increased its mine-laying and fortification work in
its outposts facing IDF position.... The Palestinians are also carrying out
extensive fortification work and improving their position in case of possible
confrontation with the IDF. The security establishment is also concerned over
the fact that the Palestinians have recently increased the production of
anti-tank weapons.”[19]
There are numerous reports of Palestinian use of bombs, as opposed to mines.
(See separate Palestine report for additional information on alleged Palestinian
use.)
South Lebanon
Landmine Monitor Report 2000 reported that
Israel used antipersonnel mines prior to and in May 2000 at the time of its
withdrawal from South Lebanon. Israel declined to comment to Landmine Monitor
on this finding. According to the UN Mine Action Coordination Cell (MACC) of
the United Nations Interim Force in Lebanon (UNIFIL), Israel admitted planting
70,000 landmines and 288 booby-trapped devices in the
South.[20] (See the Lebanon
country report for more details.)
In response to claims made by Lebanon that
Israel did not provide maps of minefields after the withdrawal on 24 May 2000,
Israel said, “Less than a week after the withdrawal, on 1 June 2000,
Israeli Defense Force liaison to the United Nations Forces met with Lt. Col.
Mishio of [UNIFIL] for the purpose of handing over files containing information
and maps of mines and clusters laid by IDF. Additional assistance was offered
should UNIFIL require
it.”[21] The Lebanese
government issued a subsequent statement denying the veracity of the Israeli
declaration.[22]
Israel
accused groups such as Hezbollah of planting “large quantities” of
unmarked and unmapped mines and booby-traps in South Lebanon. Israel also
noted, “It should come as no surprise that the minefields, which were
formerly clearly marked, might have deteriorated and could, therefore, pose a
threat to the population at
large.”[23]
Production, Transfer, Stockpiling
In December 2000 Israel again restated that it has
“ceased all production of antipersonnel mines and, in July 1994, enacted a
moratorium of the export of APLs. Last year we decided to renew this moratorium
until the year 2002, and currently, we are also considering a permanent
arrangement which will extend the moratorium
indefinitely.”[24] The
date when Israel ceased production of antipersonnel mines is still not known,
but Israel first made mention of the production halt in December 1997. The size
and composition of Israel’s current mine stockpile are not known.
On 7
May 2001, the Israeli Navy apparently seized a ship containing weapons that was
reportedly headed to Gaza. Among the weapons manifested by the Israeli Navy
were 62 TMA-5 and 8 TMA-3 antivehicle mines, both of Yugoslavian
manufacture.[25] Israeli Navy
Commander Major-General Yedidia Ya’ari indicated that the source,
“as far as we can tell,” was the Popular Front for the Liberation of
Palestine-General Command.[26]
The Palestinian Authority denied
involvement.[27]
Landmine Problem
Israel has used mines along its borders, near
military camps and training areas, and near sensitive areas like water pump
stations and electric power facilities. In 1999, the Israeli State
Comptroller’s Office published an audit of mine use policies and practices
of the IDF.[28] The audit
stated that there are 350 antipersonnel minefields emplaced by the IDF and other
belligerent parties that are no longer “vital to the security of the
state.” This includes minefields within the state of Israel proper, the
West Bank, and Gaza. Additionally, the State Comptroller noted that an
unspecified number of minefields in the Jordan Valley and the Arava are
“also no longer
vital.”[29] The US State
Department estimates that there are 260,000 mines in
Israel.[30] Aside from mines
emplaced by the IDF, this figure includes mines laid prior to the establishment
of Israel by the British and during subsequent conflicts by Jordan and
Syria.[31]
Mine Action
The IDF continues to clear mines, bombs, and UXO
on an emergency basis. The IDF’s countermine capabilities are
considerable but apparently not used for humanitarian mine clearance within
Israel or territory Israel controls. Additionally, the Mavarim Civil
Engineering Company has contracted for mine clearance operations in the past
both nationally and
internationally.[32]
Technologies for mine detection and clearance are also developed within the
Israeli defense-industrial complex in places such as the Israel Institute of
Technology. In the past, Israeli government funding and private organizations
have supported mine awareness education and victim reintegration programs in
Angola, Kosovo, and Guatemala.
Landmine Casualties and Survivor Assistance
No record of civilian landmine victims is
available for inside the state of Israel because mine victims are listed under
the umbrella category of “Victims of Hostile Activities.” The
Israeli media occasionally reports on mine casualties suffered by soldiers. For
example, on 5 June 2000, the media reported that an Israeli soldier was severely
wounded while clearing minefields along the Israeli-Lebanese
border.[33]
Israel continues
to cover the complete costs of treatment for mine victims who are citizens or
who have entered the country legally through Bituach Leumi or National Insurance
Service. The capacity of Israel’s health care infrastructure to care for
and rehabilitate mine and UXO victims is among the best in the
world.
[1] Statement by Jeremy
Issacharoff, Head of Regional Security and Arms Control, Ministry of Foreign
Affairs, at the UNGA First Committee, 13 October 2000, p.
7.
[2] Statement by
Ambassador Aaron Jacob, Deputy Permanent Representative of Israel to the United
Nations, to the UN General Assembly, on Agenda Item 47, New York, 28 November
2000.
[3] Statement by Amnon
Efrat, Minister-Counsellor, Permanent Mission of Israel, Geneva, at the Second
Annual Conference of the States Parties to Amended Protocol II of the CCW, 11
December 2000, p. 3.
[4]
Statement by Amnon Efrat, Minister-Counsellor, Permanent Mission of Israel,
Geneva, to the Second Meeting of States Parties to the Mine Ban Treaty, Geneva,
11 September 2000.
[5] The
texts of Israel’s declarations are taken from the UN Treaty Series online
database.
[6] Statement by
Amnon Efrat to Second Meeting of States Parties to the Mine Ban Treaty, 11
September 2000, p. 2; nearly identical language is used in Statement by Amnon
Efrat to Second Annual Conference, Amended Protocol II, 11 December 2000, p.
3.
[7] State
Comptroller’s Report, 1999. For specific examples see, Landmine
Monitor Report 2000, p.
936.
[8] Al-Haq,
“Landmines Planted Around Israeli Military Outpost in the Occupied
Territories,” Press Release #110, 4 July 2001; affidavit of owner, given
to Al-Haq, supplied to Landmine Monitor/Human Rights Watch.
[9] Telephone communications
between Al-Haq and Landmine Monitor/Human Rights Watch, 9 July 2001 and 10 July
2001.
[10] Letter to
DCI/Palestine from Major Issa Kreis, Operations Division of the Palestinian
National Security Forces, 22 November
2000.
[11] Letter from Hanna
Friedman, General Director, Public Committee Against Torture in Israel, Ehud
Barak, Prime Minister and Minister of Defense of Israel, 24 September
2000.
[12] Letter from
Captain Sharon Affeck, Senior advising officer, for the IDF judge advocate
general in response to the General Director of the Public Committee Against
Torture in Israel, provided to Defense of Children International -Israel Section
by PCATI (original in Hebrew), 14 December
2000.
[13] Interview with
Younis Al-Katry, General Director of National Security Information Center, 21
December 2000; Hisham Salem, “The Landmine Issue in the Occupied
Territories,” National Security Information Center, 2000. The Palestinian
National Security Information Center is affiliated with the Palestinian
Authority and is part of the President Security Advisor Office in
Gaza.
[19] Hagai Huberman,
“Palestinians Bolstering Defenses: Palestinians Increasing Mine-Laying in
Gaza Strip,” Hatzofe (Israeli Hebrew language newspaper), p.
3.
[20] Interview with UN
MACC personnel, Naqoura, 18 January
2001.
[21]Note
Verbale dated 5 April 2001 from the Permanent Mission of Israel to the UN,
Geneva, addressed to the Secretariat of the Commission on Human Rights
(E/CN.4/2001/154), 11 April
2001.
[22] Interview with
Johnny Ibrahim, First Secretary, Lebanese Permanent Mission to the UN, Geneva,
10 May 2001.
[23]Note
Verbale dated 5 April 2001 from the Permanent Mission of Israel to the UN,
Geneva, addressed to the Secretariat of the Commission on Human Rights
(E/CN.4/2001/154), 11 April
2001.
[24] Statement by Amnon
Efrat, Geneva, 11 December 2000, p.
2.
[25] IDF Spokesman,
“Israel Navy Forces Detain Ship With Weapons” (online edition), 8
May 2001.
[26] Deborah
Camiel, “Palestinians Kill Settler Day After Baby Killed,”
Reuters (Jerusalem), 8 May
2001.
[27] “Captured
boat with weapons was for Palestinians,” Associated Press
(Jerusalem), 7 May 2001.
[28]
For more details on this report, see Landmine Monitor Report 2000, pp.
935-936.
[29] State
Comptroller's Report No. 50 A, for the Year 1999, “Mine Laying in the
Israel Defense Forces,” (Published in Hebrew and translated unofficially)
Israel government printing office, Jerusalem. Hereafter cited as “State
Comptroller’s Report,
1999.”
[30] US
Department of State, “Hidden Killers,” September 1998, p.
A-1.
[31] State
Comptroller’s Report,
1999.
[32] For example,
Mavarim was contracted to clear mines in Croatia in November 1998, but it is not
known if the clearance was
accomplished.
[33] David
Rudge, “Soldier Wounded in Mine-Clearing Accident,” Jerusalem
Post, 6 June 2000.
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