Statement, 19 June 2024

HEKS calls for an immediate ceasefire and respect for international humanitarian law

The human rights situation in the Occupied Territories has been a cause for concern for years. With the ongoing Israeli offensive in the Gaza Strip since Hamas's brutal attack on Israel on 7 October, the loss of civilian life and the destruction of civilian infrastructure have reached new dimensions, leading to catastrophic humanitarian conditions.

 

Repeated calls and orders by the International Court of Justice (ICJ) to protect the civilian population and ensure access for humanitarian aid have so far been in vain. HEKS/EPER calls for an immediate cessation of hostilities, including the ground offensive by the Israeli army, and for the release of the hostages by Hamas. HEKS/EPER urges the Federal Council to work for an immediate end to the conflict and a long-term peace through international bodies, especially the UN Security Council, and also bilaterally.

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HEKS/EPER calls for unconditional adherence to international humanitarian law

The order of the International Court of Justice (ICJ) of 26 January 2024 on provisional measures to prevent the real and imminent danger of genocide shows the urgency of the situation. In an order of 24 May 2024, the ICJ judges in The Hague have now also ruled that Israel must stop its military offensive in Rafah and keep the Rafah border crossing open for unimpeded humanitarian aid. While the ICJ's rulings are binding on the parties, procedurally the ICJ only has the power to impose measures on Israel as a member state and signatory of the Convention on the Prevention and Punishment of the Crime of Genocide. Hamas and other armed groups are also obliged to respect international humanitarian law, and in their oral opinion the ICJ judges also called for the immediate release of hostages taken by Hamas.

HEKS/EPER calls on all parties to the conflict to comply unconditionally and without exception with international humanitarian law - including the Geneva Conventions, their Additional Protocols and all applicable rules of customary international law - and condemns the continuing grave violations. Further civilian casualties in Gaza, the West Bank and Israel must be prevented and access to life-saving assistance must be guaranteed for all. All hostages must be released immediately and unconditionally. HEKS/EPER also calls on all parties to the conflict to respect and implement the rulings of the ICJ. Failure to do so will not only exacerbate the catastrophic humanitarian situation in the Gaza Strip, but also threatens to undermine the institutions responsible for upholding international law and thus the protection of civilians in a wide variety of contexts around the world. 

Switzerland has a duty

The Geneva Conventions oblige all signatory states to take all appropriate measures to prevent any violation of these conventions. HEKS/EPER calls on the Federal Council to assume this responsibility and to use all the means at its disposal to work within international bodies, particularly the UN Security Council, to ensure that all parties to the conflict comply with international humanitarian law and unconditionally protect the civilian population. This requires an immediate ceasefire, safe access for humanitarian aid and the release of hostages. 

A firm commitment to conflict transformation

Now, in this seemingly hopeless situation, it is more important than ever to revive negotiations and pursue longer-term approaches to conflict transformation. This is the only way to find solutions to the conflict and to achieve a peace that respects the existence and right to self-determination of all. At the political level, this requires leaders on both the Israeli and Palestinian sides who have the will and the legitimacy to embark on a serious peace process under the auspices of the international community. HEKS/EPER urges the Swiss government to use diplomacy and its traditional role as mediator to work for the earliest possible start of long-term negotiations for a lasting peace and to support the implementation of the latest UN Security Council resolution.

The commitment of HEKS/EPER 

HEKS/EPER has been active in Israel/Palestine since 2006, focusing on the promotion of peace based on justice and respect for human rights. To this end, HEKS/EPER strengthens civil society actors who use non-violent means to overcome existing conflicts and inequalities. HEKS/EPER will continue to provide space for civil society to negotiate ideas, approaches and initiatives that show alternative ways of dealing with this conflict. It is only through joint efforts and in cooperation with a strong civil society that new approaches can be developed that contribute to ending the spiral of violence and protecting the rights of all people. 

HEKS/EPER is active in more than 30 countries and bases its work on internationally valid human rights standards, in particular those contained in the Universal Declaration of Human Rights, the European Convention on Human Rights (ECHR) and the two UN Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights. In this context, our projects help to improve people's living conditions and enable them to exercise their rights. To this end we also work constructively and objectively to raise awareness and mobilise society, lawmakers, the business community and the churches. HEKS/EPER takes a rights-based stance, not a party-political or ideological one.

Older version

Statement, 16 May 2024

In view of the unprecedented humanitarian disaster in the Gaza Strip and reports of famine, an immediate ceasefire and safe access for humanitarian aid are urgently needed for the unconditional protection of the civilian population. HEKS/EPER calls on the Federal Council to support this within the framework of international bodies, in particular the UN Security Council. Further civilian casualties in Israel, Gaza and the occupied territories must be prevented and access to life-saving aid must be guaranteed for all those in need. All civilian hostages must also be released immediately and unconditionally.

The recent order of the International Court of Justice (ICJ) on provisional measures, which points to the real and imminent danger of genocide, shows the urgency of the situation. HEKS/EPER calls on all states, and Switzerland in particular, to continue to work for an immediate and lasting ceasefire in accordance with the provisional measures ordered by the ICJ. Israel's failure to comply with the ICJ's clear order to take "immediate and effective measures" to protect the Palestinians and ensure the delivery of vital humanitarian aid is exacerbating an already difficult situation. There are reports of increasing starvation in the Gaza Strip. HEKS/EPER stresses the need for immediate humanitarian access in order to provide the affected population with the most basic necessities. It appeals for international support in calling for a ceasefire and compliance with international humanitarian law. The urgency of tackling the hunger crisis must be recognised. Transport to Gaza by air or sea should be seen as complementary to land transport and not as a substitute, as it can in no way replace assistance delivered by road.

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HEKS/EPER also stresses the serious consequences of the ongoing offencive in Rafah, which is disrupting the provision of humanitarian aid and puts thousands of civilians in danger, as they are fleeing without safe escape routes to areas which are already overcrowded and with great levels of destruction and unexploded ordnance.  International Humanitarian Law sets clear conditions for an evacuation to be lawful: the occupying power must ensure that these displacements are temporary and that displaced persons are provided with satisfactory conditions of hygiene, health, safety and nutrition. These requirements are impossible to meet in a mass evacuation under current conditions in Gaza. 

HEKS/EPER calls on all parties to the conflict to comply unconditionally with international humanitarian law - including the Geneva Conventions, their additional protocols and all applicable rules of customary international law - and condemns the continuing serious violations.

International humanitarian law is clear that civilians must be protected. The Hamas attacks on civilians on 7 October were a clear violation of this rule, as were the rocket attacks by Hamas and other armed groups, which do not distinguish between civilian and military targets. The deliberate killing of civilians, the taking of hostages and the inhumane treatment of people are war crimes.

The Israeli military also has a clear obligation under international humanitarian law to distinguish between combatants and civilians and between civilian objects and military targets in all military operations. The Israeli army must also confine itself to attacks on military targets and strictly adhere to the rules prohibiting indiscriminate attacks and ensuring proportionality.  

In addition, care must always be taken to spare civilians and civilian objects, and all feasible precautions must be taken to avoid, and in any case to minimise, civilian casualties, injuries to civilians and damage to civilian objects. Heavy explosive weapons should not be used in densely populated areas, as they are almost certain to cause serious harm to civilians. 

There are no safe escape routes or corridors for humanitarian aid to reach civilians fleeing from Rafah. Humanitarian access to the conflict zone is protected by international humanitarian law. Both Hamas and Israel have an obligation to ensure that the civilian population trapped in Gaza is able to receive essential humanitarian assistance. Deliveries of goods essential to the survival of the civilian population are particularly protected by international humanitarian law. Starving civilians as a method of warfare is a war crime. International humanitarian law also strictly prohibits collective punishment, whereby one group is punished, sanctioned or victimised for the actions of others.

The Gaza Strip has been under blockade for years and the population was already suffering from an extremely difficult humanitarian situation before the recent escalation of violence. HEKS/EPER has been active in the region for many years, promoting dialogue and understanding and supporting the civilian population in demanding their basic rights. This work for dialogue must be continued.  

HEKS/EPER is therefore very concerned about the increase in hate speech and hate crimes on both sides of the conflict and about anti-Semitism in many countries, which also threatens Jewish lives in Europe. A clear and consistent stance against anti-Semitism and all other forms of racism must be the basis of any dialogue in this context.

HEKS/EPER is therefore very concerned about the increase in hate speech and hate crimes on both sides of the conflict and about anti-Semitism in many countries, which also threatens Jewish lives in Europe. A clear and consistent stance against anti-Semitism and all other forms of racism must be the basis of any dialogue in this context.

Older version

Statement, 10 October 2023

HEKS/EPER condemns the horrific attacks by armed groups against Israel and Israeli civilians. The atrocities can by no means be justified. HEKS/EPER also condemns the attacks against civilians in Gaza.

We call upon all parties to respect international humanitarian law and protect civilians. All efforts need to be made by the international community to immediately stop the violence.
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HEKS/EPER is working in Israel/Palestine for years in collaboration with Israeli and Palestinian organizations. We are very much concerned about the safety and security of our staff and partners on the ground. 

We recall that Gaza has been under siege for 16 years and its people are suffering from a humanitarian crisis. Sustainable peace can only be established on the grounds of a just political solution which guarantees the human rights of all people in the region.

Dieter Wüthrich
Contact me
Dieter Wüthrich
Telephone direct: +41 76 461 88 70
Email: dieter.wuethrich@heks.ch
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