GAZA, January 27, 2007 (WAFA) - Al-Haq Foundation released Saturday a position paper on the Perpetration of War Crimes during the Israeli Incursion into Ramallah, 4 January 2007.

After full investigation into the facts and circumstances of the incursion, Al-Haq presented its findings in a comprehensive report Israeli incursion into Ramallah, 4 January 2007.

According to the report At approximately 3:00 pm on 4 January 2007, an Israeli military undercover unit, consisting of at least four members, entered the al-Makateb building on al-Hisba Street, adjacent to the large open-air fruit and vegetable market in Ramallah city centre. The unit did so with the objective of locating and detaining Rabi' Hamed, an alleged senior member of the al-Aqsa Martyrs Brigades.

"The incursion and intensive shooting lasted almost two hours before the Israeli military withdrew, having killed four unarmed Palestinian civilians, one of whom was a child killed by a bullet to the head. The civilians killed were all shot on main roads in full daylight," It added. "A further 28 Palestinians were wounded by live ammunition and two more were hit by rubber bullets. The Israeli army captured four Palestinians whom they claimed had been wanted, but who were subsequently released. The damage caused to civilian property is estimated by the Palestinian National Authority at USD 5 million."

The report revealed that General Obligation of the Occupying Power Under Article 43 of the Hague Regulations, declaratory of customary international law, which Israel accepts itself to be bound by, the Occupying Power is charged with maintaining "public order and safety" in the occupied territory.

"By launching a military operation against a suspected militant in the middle of the day in a crowded city centre area, the Israeli authorities disregarded this obligation."

The report added that under international humanitarian law, the ability to use force is governed by the key principles of distinction, proportionality, and military necessity.

"These principles are all firmly embedded in customary international law. In order for the use of force by Israeli state agents to be lawful, therefore, it must conform to the specific requirements of each of these principles," adds the report.

According to the report, the killing and wounding of Palestinian civilians by intense and indiscriminate Israeli fire in the centre of Ramallah, as well as the substantial destruction of civilian property, convey the disregard in which the Israeli army held the principle of distinction in this instance.

The report also affirmed that willful killing is defined as a "grave breach" of the Fourth Geneva Convention under Article 147 thereof. "Grave breaches comprise the most egregious violations of international humanitarian law and are subject to compulsory universal jurisdiction."

"On 4 January 2007, Israeli soldiers did indeed kill four Palestinians, including a child, that they knew to be protected persons as civilian members of the occupied population of the OPT."

Regarding the mental element, or mens rea, says the report, customary international criminal law, emanating from the jurisprudence of the post-World War II trials, holds that the notion of "wilful" can include "intent" and "recklessness".

Al-Haq's said its field documentation shows that more than two-thirds of those killed or wounded by gunshot fire received bullets in the upper part of the body, indicating that the Israeli military officers concerned intended to cause death or serious bodily injury which they had to understand was likely to lead to death. They are thus responsible for the war crime of wilful killing.

A.D (23:50P) (21:50GMT)