On eve of Sharm summit: B'Tselem calls for independent international commision of inquiry

B'Tselem calls for the establishment of an independent and impartial commission of inquiry to investigate the events in the Occupied Territories since 29 September 2000. The Commission should focus on human rights violations, primarily violation of international humanitarian law, by Israel and the Palestinian Authority. Because of the broad scope of the events and the large number of civilian casualties, only a commission of this kind would be able to investigate whether the parties acted in accordance with the international law that applies to such events.

The demand to convene a commission of inquiry is heightened due to Israel's past refusal to investigate similar events. Following the events in September 1996 (related to the tunnel opening in Jerusalem's Old City) and in May 2000 (related to the Naqba), B'Tselem requested that the IDF investigate the circumstances of the deaths of Palestinians during those events, as is customary. The IDF refused this request, contending that the deaths occurred during military operations and that the soldiers had acted properly.

The Commission should investigate, inter alia:

• Excessive use of force, causing injury to innocent civilians

• Use of rubber-coated steel bullets to disperse demonstrations, where life was not threatened

• Harm to medical teams and journalists

• Use of weapons prohibited under international law

• Violation of holy sites

• Violation of freedom of movement and other forms of collective punishment

To ensure the impartiality of the Commission and that it be perceived as impartial, it should be composed of persons not identified with either Israel or the Palestinian Authority. In particular, no politicians from any state should be appointed to it. Its members must be independent and have expertise and experience in international law so that the Commission can determine whether international law was violated.

The Commission must be empowered to demand testimony from individuals, including military personnel, and must be granted access to documents and documentation that it deems relevant. The Commission must publish its findings in full.

B'Tselem, which has documented Human Rights violations in the Occupied Territories for more then a decade, will make available to the commission all relevant information and documentation in its hands.