Othe Forcible Transfers
87
87
investigation [the term used to describe the interrogation
process] for one month and three days.
Rasmiya testified that her interrogators, who were always men, applied
electricity under her fingernails, on her fingers, and on her breasts. She said that
she was beaten with thin electric wires that were tied together with metal. “They
would start while I was on my knees. Then I would fall, and they would kick me,”
she stated. During these sessions, Rasmiya said that she was blindfolded and
handcuffed, and sometimes her ankles were bound. Sometimes, she said, she
was also doused with hot water, followed immediately by cold water. She added
that she was threatened with rape, the demolition of her family’s house, and being
tortured in front of her parents. She told Human Rights Watch that during this
interrogation period she was held intermittently in solitary confinement. She said
that she was also brought to the bathroom, handcuffed, where she was forced to
kneel for long periods, “sometimes from the morning until the night.” Her food
was placed on the floor and she was forced to eat it by bending down while in a
kneeling position. “The Israelis came on a daily basis,” Rasmiya said. “They
supervised what was going on. Some of the girls [the Lebanese women prisoners]
who had to clean the rooms after the torture saw the Israelis.” She said that an
Israeli officer named Ibrahim attended the interrogation sessions, and it was her
impression that the interrogators had been given free rein to do anything to obtain
information.
Rasmiya said that her interrogators wanted information about her older
brother, who had been imprisoned six weeks earlier, the names of residents of
Mhaibib who worked with the resistance, and the location of places where
weapons were hidden. Rasmiya was held in Khiam until June 28, 1991. Soon
after her release, she said that she was approached by Zuhair Shuqair, the
militiaman responsible for security in Mhaibib and the surrounding villages, who
asked her to serve as an informer:
The first time he came to the house, he talked to me alone in a
room. He was indirect. He said that my friends in Khiam
missed me. I told him okay, I’ll go [back to the prison]. He
asked if I was afraid and I said no. He wanted me to tell him
who was coming or going in the village, or to convince one of
my brothers to do so. He came back again after a few days and
asked about my decision. I said that I had [already] given him
my opinion.
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Persona Non Grata: Expulsions of Civilians from Israeli-Occupied Lebanon
88
Rasmiya told Human Rights Watch that due to her treatment and the
poor conditions in Khiam prison she was suffering at that time from anemia and
other health problems, and sought an exit permit so that she could obtain medical
care in Beirut. Shuqair said that she was not permitted to leave the occupied zone.
She visited him at the security office in Meiss al-Jebel and again requested a
permit. “He said that I must collaborate and meet Israeli officers. I told him
that I would never do that,” Rasmiya recalled. Shuqair then told her that she could
leave but never come back. He gave her a small yellow paper that was signed in
red ink, which she used to depart from the zone in late July 1991. “Either you can
live there and not use your head, or they force you to leave,” Rasmiya
concluded.
121
121
Human Rights Watch interview, Beirut, Lebanon, April 1999.
89
VIII. VIOLATIONS OF INTERNATIONAL HUMANITARIAN AND
HUMAN RIGHTS LAW
The treatment of the civilian residents of occupied south Lebanon by
Israeli and Lebanese military and security forces is governed by international
humanitarian law standards codified in the Fourth Geneva Convention relative to
the Protection of Civilian Persons in Time of War of 12 August 1949 (the
Convention). The civilians in the occupied zone are protected persons under the
convention.
122
Israel, as the Occupying Power, bears ultimate responsibility both
for its own actions and the actions of the South Lebanon Army (SLA) that affect
the civilian population. Article 29 of the Fourth Geneva Convention relative to
the Protection of Civilian Persons in Time of War, sets out the responsibilities of
an occupying force, declaring that "The Party to the conflict in whose hands
protected persons may be, is responsible for the treatment accorded to them by its
agents..." The official commentary by the International Committee of the Red
Cross on article 29 explains why Israel cannot shirk responsibility for expulsions
and other forcible transfers from the territory it occupies irrespective of whether
such actions are undertaken by its own national forces or by its local auxiliaries:
The term "agent" must be understood as embracing everyone
who is in the service of a Contracting Party...It included civil
servants, judges, members of the armed forces, members of
para-military police organizations, etc. (...)
The nationality of the agents does not affect the issue. That is of
particular importance in occupied territories, as it means that
the occupying authorities are responsible for acts committed by
their locally recruited agents of the nationality of the occupied
country.
The SLA, as an auxiliary force to a party to the conflict, is also obliged to respect
the laws and customs of war, including those that protect the civilian population.
122
Article 4 states in its pertinent part: “Persons protected by the Convention are
those who, at a given moment and in any manner whatsoever, find themselves, in case
of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power
of which they are not nationals.”
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Persona Non Grata: Expulsions of Civilians from Israeli-Occupied Lebanon
The convention categorically prohibits deportations, forcible transfers,
collective punishment, intimidation and coercion, and forced military service in
the armed forces of the Occupying Power or its auxiliary forces. Israel and the
South Lebanon Army have violated these international standards with impunity.
Unlawful deportation, forcible transfers, and forced conscription of protected
persons are grave breaches of the convention.
123
Deportations and Forcible Transfers
The expulsions described in this report violate the categorical
prohibition of such actions in article 49 of the Convention:
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.
Deportation and forcible transfer are grave breaches of the laws and customs of
war.
Collective Punishment
Collective punishment is a term used in international humanitarian law
to describe any form of punitive sanctions and harassment, including but not
limited to judicial penalties, that are imposed on families or other targeted groups
for actions that they themselves did not personally commit.
124
As the testimony
presented in this report makes clear, individuals and families have been
summarily expelled from the occupied zone as punishment for the known or
suspected actions of others, most typically family members. Others have been
denied the right to leave the occupied territory or have been detained, threatened,
or tortured in retaliation for the actions or omissions of family members. This
practice is a violation of article 33 of the Convention, which states in pertinent
part:
123
Article 147.
124
"The concept of collective punishment must be understood in the broadest
sense: it covers not only legal sentences but sanctions and harassment of any sort,
administrative, by police action or otherwise.” International Committee of the Red
Cross, Commentary on the Additional Protocols of 8 June 1977 to the Geneva
Conventions of 12 August 1949 (Geneva, Martinus Nijhoff Publishers, 1987), p. 874.
No protected person may be punished for an offence he or she
has not personally committed. Collective penalties and
likewise all measures of intimidation or of terrorism are
prohibited.
Intimidation and Coercion
The intimidation and coercion of civilian residents of the occupied zone,
particularly for the purpose of collecting information for the security and
intelligence apparatus of either the SLA or Israel, is a violation of international
humanitarian law. Article 31 of the Convention prohibits coercion:
No physical or moral coercion shall be exercised against
protected persons, in particular to obtain information from them
or from third parties.
Torture
International humanitarian law and international human rights law both
absolutely prohibit torture. Article 32 of the Fourth Geneva Convention
prohibits High Contracting Parties from taking any measure of such a character as
to cause the physical suffering or extermination of protected persons in their
hands. Torture is specifically included in this category. Article 147 further
specifies that "torture or inhuman treatment" is a grave breach of the
Convention.
The prohibition against torture also appears in the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
and the International Covenant on Civil and Political Rights (ICCPR), both of
which Israel ratified in 1991. Both treaties prohibit torture under all
circumstances, even during a state of war or other public emergency. Both treaties
also require states to take effective legislative, administrative, or judicial
measures to ensure that this prohibition is enforced. Article 1 of the CAT provides
the authoritative definition of the term torture:
any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes
as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has
committed, or for any reason based on discrimination of any
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Persona Non Grata: Expulsions of Civilians from Israeli-Occupied Lebanon
92
kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity. It does
not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions.
Forced Conscription
It is accepted internationally that the SLA serves as Israel’s auxiliary
force in occupied south Lebanon, and that Israel finances its operations, provides
it with military and other equipment, and pays the salaries of its personnel. The
practice of forcing male residents of the occupied zone to serve in the SLA is in
violation of the requirements of international humanitarian law. Article 51 of the
Convention states in pertinent part:
The Occupying Power may not compel protected persons to
serve in its armed or auxiliary forces. No pressure or
propaganda which aims at securing voluntary enlistment is
permitted .
Human Rights Watch does not have evidence that Israel as the occupying power
has instructed the SLA to forcibly recruit Lebanese conscripts, including children.
Nevertheless, it is Israel’s responsibility as the occupying power to investigate
this grave breach of the Geneva conventions and bring this practice by its
auxiliary force to an immediate halt.
Conscription and Forced Conscription of Children
International law prohibits the recruitment of children under the age of
fifteenor their participation in hostilities. The Convention on the Rights of the
Child, which has been ratified by both Lebanon and Israel, requires states to
"take all feasible measures to ensure that persons who have not attained theage of
fifteen years do not take a direct part in hostilities. States Parties shall refrain from
recruiting any person who has not attained the age of fifteen years into their armed
forces. In recruiting among those persons who have not attained the age of
eighteen years, States Parties shall endeavor to give priority to those who
areoldest." Article 77 (2,3) Protocol I to the Geneva Conventions sets forth the
same requirements.
125
125
"The parties to the conflict shall take all feasible measures in order that
children who have not attained the age of fifteen years do not take a direct part in
Violations of International Humanitarian and Human Rights Law
93
93
hostilities and, in particular, they shall refrain from recruiting them into their armed
forces." (Article 77 (2)) In recruiting persons between fifteen and eighteen years,
parties must give priority to recruiting those who are oldest.
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Persona Non Grata: Expulsions of Civilians from Israeli-Occupied Lebanon
94
An international effort is underway to raise the minimum age for
recruitment and participation in armed conflict from age fifteen to eighteen
through an optional protocol to the Convention on the Rights of the Child. The
early conclusion of such a protocol was recommended by the 1996 United
Nations Study on the Impact of Armed Conflict on Children, and is supported by
the International Committee of the Red Cross and Red Crescent, UNICEF, the
United Nations High Commissioner for Human Rights, and a growing number of
States, intergovernmental organizations, and non-governmental organizations.
International labor law protects children up to the age of eighteen from
forced recruitment for use in armed conflicts. The ILO Convention Concerning
the Prohibition and Immediate Elimination of the Worst Forms of Child Labor
prohibits "forced or compulsory recruitment of children for use in armed
conflicts." (Article 3 (a)) Adopted June 17, 1999 by the International
LaborConference, the convention has not yet entered into force.
It is Human Rights Watch's position that no one under the age of
eighteen should be recruited (either voluntarily or involuntarily) into any armed
forces, whether governmental or nongovernmental in nature.
.
95
IX. APPENDICES
Appendix A
Ap
ppendix B: NameAppendix
96
B: Names and
d Ages of the R
Residents of S
Sheba’
97
Expelled in January 1999
Aziza Musa, 60
(the mother of Qassem, Ahmad, Hassan, Muhamed, and Ismail)
Qassem Naba’, 25
Nawal Naba’, 20 (his wife)
Their children:
Muhamed, twenty months
Clara, six months
Ahmad Naba’, 28
Rima Zahra, 25 (his wife)
Their children:
Ghusoon, 5
Anout, 3
Diana, nine months
Rania Daher, 23 (the wife of Hassan Naba’, imprisoned in Khiam)
Her children:
Ayat, 3
Muhamed, 2
(Note: Rania was four months pregnant at the time of her interview with Human
Rights Watch.)
Muhamed Naba’, 31
Khadija Sa’ab, 33 (his wife)
Their children:
Khalil, 10
Khudor, 8
Ala, 7
Shehnaz, eighteen months
Nuhad Naba’, 31 (the wife of Ismail Naba’, imprisoned in Khiam)
Her children:
Iman, 13
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Persona Non Grata: Expulsions of Civilians from Israeli-Occupied Lebanon
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Muhamed, 11
Riham, 8
Rawiya, 5
Hanin,3
***
These were the ages of the expelled family members at the time of their interview
with Human Rights Watch in April 1999.
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