Amnesty International On-line, Israel/Occupied Territories: State assassinations and other unlawful kilings
Amnesty International rejects the argument used by the Israeli Government and the IDF that the government has a right to order the deliberate killing of those it believes have planned or may be planning the death of Israelis. International standards make it clear that such killings are not justified if lives are not in imminent danger. The 1996 report of the Special Rapporteur on extrajudicial, summary or arbitrary executions stresses the fact that: ''Governments must respect the right to life of all persons, including members of armed groups and even when they demonstrate a total disregard for the lives of others''. (E/CN.4/1996/4, para 609).

Even in armed conflict, extrajudicial executions are not justified. The 1998 report of the visit to Sri Lanka by the Special Rapporteur on extrajudicial, summary or arbitrary executions emphasises the importance of the government maintaining its respect for life, whatever the circumstances:

''International human rights . . . are very clear: torture, disappearances and extrajudicial executions can never be justified under any circumstances, not even in time of war. Regardless of who may be responsible for the initiation of a war, and faced with the reality that war or armed conflicts short of war continue to inflict their pain on humanity, international human rights law requires that its norms continue to be respected . . .
It must be stressed that in the case of armed conflict, the response of the Government must always be relevant and proportionate, such that the standards of human rights may be respected for every individual in every case; the existence of an armed conflict does not permit a carte blanche response. Any violations on the part of the insurgents . . . which the Special Rapporteur acknowledges are most likely to have occurred and to continue to occur, cannot be used as an excuse for violations by the Government.'' (E/CN.4/1996/4)

Amnesty International rejects Israel's suggestion that the present intifada constitutes an armed conflict. At the same time the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention) is applicable throughout the territories occupied by Israel since 1967. Persons protected by the Convention are all 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''(Article 4). The rules governing the conduct of the occupying power towards ''protected persons'' are strict. Wilful killing of protected persons is a grave breach of the Fourth Geneva Convention.

It is a basic rule of customary international law that civilians and civilian objects must never be made the target of an attack. This rule applies in all circumstances including in the midst of full-scale armed conflict. Due to its customary nature it is binding on all parties.

Palestinians are prohibited from shooting Israeli civilians, including settlers who are not bearing arms, and at civilian objects.

Israel is prohibited from attacking civilian and civilian objects. Palestinian residents of the West Bank and Gaza are civilians benefiting from the protection of the Fourth Geneva Convention. Armed Palestinians who directly participate in hostilities - for example by shooting at Israeli soldiers or civilians - lose their protected status for the duration of the attack. Article 51 (3) of Protocol I Additional to the Geneva Conventions of 12 August 1949 explains how civilian status can be temporarily lost. ''Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take direct part in hostilities.'' Palestinians engaged in armed clashes with Israeli forces are not combatants. They are civilians who lose their protected status for the duration of the armed engagement. They cannot be killed at any time other than while they are firing upon or otherwise posing an immediate threat to Israeli troops or civilians. Because they are not combatants, the fact that they participated in an armed attack at an earlier point cannot justify targeting them for death later on.

Similarly, there are no Palestinian objects in the Occupied Territories that meet the criteria of military objectives. Certain objects may be attacked while they are being used for firing upon Israeli forces. But they revert to their status as civilian objects as soon as they are no longer being used for launching attacks.

In countering any armed attacks by Palestinians, Israeli forces are prohibited from responding with disproportionate force. The standards that should be applied in determining whether security forces have responded appropriately are those relevant to the use of firearms against members of the public (UN Code of Conduct and Basic Principles).
http://web.amnesty.org/ai.nsf/Recent/MDE150052001!Open