Here's a little lite reading to put the matter into perspective:
www.hrw.org...
This is not the first time that Palestinian armed groups have used suicide bombings to target Israeli civilians, although the scale and intensity of
the current wave of attacks is unprecedented. Between September 1993 and the outbreak of the latest clashes between Palestinians and Israelis in late
September 2000, Palestinian groups carried out fourteen suicide bombing attacks against Israeli civilians, mostly in 1996-97, killing more than 120
and wounding over 550. 12 Hamas said it committed most of the attacks; Islamic Jihad claimed responsibility for the others.
The PA responded by detaining hundreds of Hamas and Islamic Jihad members and supporters, but they were not charged or brought to trial in connection
with the bombings. Following these detentions, the bombings ceased. Many of the detainees, however, were released from PA custody once the clashes
between Palestinians and Israelis resumed in September 2000. Coincidentally or not, the new round of suicide bombings began within a few months, again
under the auspices of Hamas and Islamic Jihad.
....
For Hamas and Islamic Jihad, the stated goal is the creation of a Palestinian Islamist state comprising not only the West Bank and Gaza Strip, but
also the entire territory over which Israel has held sovereignty since 1948. The PFLP also calls for a Palestinian state encompassing Israel, though
not an Islamist one. By contrast, the nationalist agenda of the al-Aqsa Martyrs' Brigades calls for establishing Palestinian rule over the
territories of the West Bank and Gaza Strip and for freeing those territories from Israeli military occupation.
...
Palestinian officials, while denouncing the attacks on Israeli civilians, implicitly sought to justify them by pointing to the provocative impact of
incidents such as an alleged Israeli booby-trap bomb that killed five young boys in Khan Yunis on November 22, 2001. "Everyone should realize that
atrocities lead to atrocities," said Nabil Sha'ath, the PA minister of planning and international cooperation. "This is the inevitable outcome of
the accumulation of atrocities committed by the Israeli army against our civilians, the humiliation, the torment, the unmitigated persecution,"
Sha'ath said.51
...
Public officials, because of the political authority they embody, should never legitimize attacks on civilians. Yet political leaders have made
statements that appear to endorse attacks against civilians, both within the Occupied Territories and externally. These span the range from ambiguity
to outright support, and undermine other statements condemning attacks against civilians.85 Political leaders such as President Arafat have repeatedly
praised "martyrs," without distinguishing between those who die as victims of attacks or while attacking military targets and those who
intentionally die in the course of a deliberate attack against civilians.86 Yasir Abed Rabbo, the PA minister of culture and information, reportedly
defended the use of the term "martyr" with reference to suicide bombers. "You can call him a shahid and denounce what he does politically," he
said.87
Other officials have expressed more unequivocal support for attacks on civilians. On April 10, 2002, PA Cabinet Secretary-General Ahmad `Abd al-Rahman
described that day's attack on a Haifa bus as a "natural response to what is taking place in Palestinian camps."88 Six weeks later, `Abd al-Rahman
described suicide bombings in an interview with the Qatar-based satellite television station al-Jazeera as "the highest form of national struggle.
There is no argument about that."89
....
Apologetic statements by public officials have also been accompanied by the broadcast of incendiary statements on publicly funded television. There
were several recorded instances of such broadcasts on the official PA television channel in 2001, particularly in the broadcasts of weekly Friday
prayer sermons. Among these were the live broadcasts of Shaikh Ibrahim Ma`adi delivering sermons from a Gaza mosque on June 8, 2001, and again on
August 3, 2001. "Blessed are the people who strap bombs onto their bodies or those of their sons," Ma'adi said on the first of these occasions. On
the second, he explicitly called for bombings in Tel Aviv, Hadera, Ashkelon, and other Israeli cities, adding:
The Jews have bared their teeth. They have said what they have said and done what they have done. And they will not be deterred except by the color of
the blood of their filthy people. They will not be deterred unless we willingly and voluntarily blow ourselves up among them.93
In the context of the Israeli-Palestinian conflict, such statements constitute incitement to crimes against humanity. Under international criminal
law, the PA has a responsibility to ensure they are neither broadcast nor published, and should bring to justice those who make them.
.....
Willful killing, that is, intentionally causing the death of civilians, and "willfully causing great suffering or serious injury" when wounding
victims, are war crimes.124 Persons who commit, order, or condone war crimes are individually liable under international humanitarian law for their
crimes.
.....
Many Palestinians interviewed by Human Rights Watch said attacks on civilians were their only weapon with which to respond to repeated IDF use of
tanks, attack helicopters, missiles, and warplanes.
Many conflicts, whether internal or international, take place between parties with radically differing means at their disposal. This is true of almost
all wars that could potentially qualify under Additional Protocol I, article 4(1) as wars of national liberation, where one party frequently has
vastly more sophisticated technical and military means than the other. Yet Protocol I reaffirms that all the basic rules of international humanitarian
law still apply in those circumstances. Indeed, such a practice would be an exception that would virtually swallow the rules of international
humanitarian law, since most wars are between forces of unequal means. The prohibition against intentional attacks against civilians is absolute. It
cannot be justified by reference to a disparity of power between opposing forces.
....
Most perpetrators of suicide bombing attacks have been young men aged eighteen to twenty-four. At least three bombings, however, have been carried out
by children-persons under the age of eighteen.
...
On June 28, 2002, an Israeli military court sentenced a sixteen-year-old boy to life imprisonment after he was apprehended in an attempt to blow
himself up on or near a bus. At his sentencing, the boy said he had been "deceived" by Hamas into participating in the unsuccessful attack.249
Islamic Jihad acknowledged that to perpetrate a bombing on June 9, 2002 at Megiddo Junction, its members taught Hamza Samudi to drive; his age has
been given variously as sixteen, seventeen, and nineteen.250
The participation, acknowledgment, and acceptance of the use of children to perpetrate suicide bombings have continued despite widespread Palestinian
unease with such tactics. This unease intensified in April 2002 following three separate incidents in the Gaza Strip in which several Palestinian boys
between the ages of fourteen and sixteen were killed as they charged the perimeter of an Israeli settlement armed with knives and crude pipe bombs.
...
There have been several reports of segments on PA television that explicitly encourage children to take part in clashes with Israeli forces and extol
the virtues of martyrdom.
...
On August 26, 2002, the Palestinian Journalists Syndicate called on Palestinian armed factions to stop using children, and declared that it was
"absolutely forbidden" for photojournalists to take pictures of children carrying weapons or taking part in militant activities. The statement said
that footage of armed children served "the interests of Israel and its propaganda against the Palestinian people." Tawfiq Abu Khousa, deputy chair
of the syndicate, said, "We have decided to forbid taking any footage of armed children, because we consider that as a clear violation of the rights
of children and for negative effects these pictures have on the Palestinian people."3
It is the encouragement of children to carry weapons and take part in armed activity that is wrong, not media coverage of these activities.
...
Syria has consistently refused to take steps to limits its assistance to armed Palestinian groups that perpetrate suicide attacks. It claims that such
groups are engaged in legitimate resistance against occupation but makes no effort to disassociate itself from attacks on civilians, in clear
violation of international humanitarian law.32
....
The government of Iraq has expressly endorsed and encouraged suicide bombing attacks against civilians. Iraq, in its provision of funds to families of
"martyrs" and others, has established a differential in which families of suicide bombing operatives are said to receive a considerably larger sum
of $25,000, while other families that have suffered a death receive $10,000.33 In promoting suicide attacks, Iraqi leaders have made no distinction
between attacks against civilians and attacks against military targets.
....
Among the PA documents captured by the IDF in April-May 2002 are records relating to payments from the Saudi Arabian Committee for Support of the
Intifada al-Quds, headed by the Saudi Arabian Interior Minister, to the Tulkarem Charity Committee.53 Under the arrangement, all payments or
distributions were made on the basis of information supplied by "Palestinian elements," and were arranged through some fourteen local charity
committees, many of which had links to Hamas.54 Each charity committee made payments or distributed food to the needy, and also gave both lump-sum and
ongoing payments to families of individuals killed, injured, or imprisoned in the intifada, including the families of individuals from Hamas or other
armed groups who had carried out suicide attacks against civilians.55 The PA strenuously objected on the grounds that it was designed to undercut its
authority, but not because the payments were rewarding attacks on civilians.
....
One of the most contested questions in the debate about Palestinian suicide attacks on Israeli civilians is what, if any, role has been played by the
Palestinian Authority and specifically, President Arafat. Israel charges that the PA has ordered and systematically participated in "terror," a term
it applies to all armed activity against Israeli targets, whether military or civilian. It holds the PA responsible every time an attack occurs. The
PA denies having any role in attacks against civilians.
The PA, under the terms of the Oslo Accords, assumed law enforcement responsibilities for those areas of the West Bank and Gaza Strip under its
control-namely, the major cities and Palestinian population clusters, amounting at the time of the outbreak of clashes in September 2000 to
approximately 26 percent of the West Bank and 60 percent of the Gaza Strip.62 The PA thus has had an obligation to take all available and effective
measures consistent with international human rights and humanitarian law to prevent suicide or other attacks against civilians by the armed groups
operating from these areas.
Human Rights Watch found that there were steps that the PA could have taken to prevent or deter such attacks, but that it remained unwilling to risk
the political cost of acting decisively. The PA routinely failed to investigate, arrest and prosecute persons believed to be responsible for these
attacks, and did not take credible steps to reprimand, discipline, or bring to justice those members of its own security services who, in violation of
declared PA policy, participated in such attacks. In addition, although President Arafat repeatedly condemned suicide attacks against civilians, he
consistently failed to insist that terms of honor and respect such as "martyr"-which Palestinians use to designate persons who have died or suffered
grave loss in clashes with Israeli forces or settlers-should not apply to people who die in the course of carrying out indiscriminate attacks against
civilians.
....
The PA's failure to act in an effective and consistent manner against Palestinian attacks on civilians contributed to an atmosphere of impunity,
allowing the armed groups to conclude that there would be no serious consequence for those who planned or carried out attacks that amounted to war
crimes, and in the cases of suicide bombings, crimes against humanity. This failure reflects a high degree of political responsibility on the part of
President Arafat and the PA leadership for the many civilian deaths that have resulted.
...
As the spiral of violence wound tighter, the Palestinian Authority continued to condemn publicly armed attacks that deliberately targeted civilians
but, except for a brief period from mid-December 2001 to mid-January 2002, took no clear or credible actions to prevent such attacks or to punish
those responsible.
...
Although the PA's legal governing authority derives from the Oslo Accords signed with Israel, the duty to prevent systematic indiscriminate attacks
against civilians is not contingent on Israeli compliance with those accords or rendered null by what the PA regards as Israeli violations of the
accords. That duty should not be a bargaining chip whose implementation is subject to political negotiations. As the political authority in place, the
PA has a responsibility to bring to justice individuals who order, plan, or carry out attacks against civilians. The PA has failed to meet this
obligation.
When the PA made arrests, they were often indiscriminate, picking up supporters of one or another militant group without regard to any alleged
responsibility for the serious crimes being committed in the name of that group. Instead of being investigated, detained suspects were typically held
without charge and later released. The PA has explained these releases as a response to the danger posed by Israeli bombings of places of detention,
but it has not tried to explain why suspects were not investigated, charged, or brought to trial.
PA officials also claim that Israeli actions, such as the destruction of PA police and security installations, have undermined the PA's capacity to
act. However, the record indicates that the PA for the most part did not attempt to exercise its capacity to prevent or punish such crimes even when
it had the ability to do so.
...
In the first weeks of the clashes, the PA released numerous detainees, most of them members of Hamas and Islamic Jihad, some of whom had been in PA
detention without charge or trial for several years.78 According to press reports, the first releases took place on October 4, 2000, when twelve Hamas
detainees were released from Gaza Central Prison. Subsequent releases occurred over the following week. A PA security official in Gaza claimed that by
mid-October the PA had "begun to re-arrest them."79 In Nablus, fourteen of the thirty-five who had been released reportedly responded to a summons
to turn themselves back in.80 Hamas political leader `Abd al-`Aziz al-Rantisi was rearrested on October 18 and released again on December 26, 2000, at
the end of Ramadan.81
The Islamic Jihad organization has cited these releases as a factor contributing to the group's ability to carry out attacks against Israeli
targets.
...
Some of the detainees released at the beginning of the uprising, as well as other armed militants and political critics of the PA, were re-detained
and re-released periodically during 2001. Some were formally arrested and, beginning in late October 2001, the PA started using administrative
detention orders to detain suspects. Individuals known to be leaders of groups responsible for attacks against civilians nevertheless continued to
operate openly in the West Bank and Gaza Strip-in the case of Bethlehem-area al-Aqsa Brigades leader Atef Abayat, even when technically under "house
arrest."
...
In mid-April 2001, the PA confirmed that it had released Muhammad Deyf, imprisoned since 1996 for his role in the Hamas suicide bomb attacks in
February of that year, although officials insisted he remained under their control in "a safe place where he cannot be reached by the Israeli
authorities."86 No such pretenses were made when Deyf narrowly escaped death in an Israeli rocket attack targeting him as he traveled by car in Gaza
city on September 26, 2002.87
...
Those measures taken by the PA to limit armed activities failed to include meaningful efforts to bring perpetrators of suicide attacks on civilians to
justice.
...
Fatah officials authorized these six requested payments despite widely available evidence that, in at least the cases of two individuals, the named
recipients had participated in attacks on civilians in the Occupied Territories. Fourteen of the forty-one individuals for whom payment was authorized
were at the time "wanted" by Israel. Twelve of these individuals, in seeking financial assistance, identified themselves as "wanted."
...
The clearest case in which President Arafat authorized payment despite the recipient's widely reported links to attacks on civilians was that of
Ra��id al-Karmi, the al-Aqsa Brigades leader in Tulkarem. 119 An undated request from Ramallah-based Fatah leader Hussein al-Sheikh asked Arafat to
provide al-Karmi and two others with $2,500 each; Arafat apparently authorized payments of $600 each on September 19, 2001.120 The IDF had placed
al-Karmi on its "most wanted" list in August 2001, accusing him of involvement in "numerous" shooting attacks and responsibility for the deaths of
seven civilians and two soldiers. Al-Karmi himself openly boasted of his involvement in the execution-style killing of two Israeli restaurateurs
visiting Tulkarem on January 23, 2001-in retaliation, he said, for Israel's assassination several seeks earlier of local Fatah leader Thabet
Thabet.121 The PA had arrested al-Karmi and three others later in January 2001 in connection with the killing of the two restaurateurs, but he fled
prison several months later. Al-Karmi had survived a well-publicized Israeli assassination attempt on September 6, 2001, shortly before President
Arafat authorized the payment in question, and had spoken openly of his intention to continue attacks against Israelis.122
In another captured document, al-Karmi approached Arafat via Marwan Barghouti, requesting payments to twelve "fighter brethren," not including
himself.123 Despite al-Karmi's own self-proclaimed responsibility for attacks on civilians, Arafat granted a payment of $350 to each individual on
al-Karmi's list, again without making any apparent effort to ensure that these fighters were not responsible for attacks on civilians. The payments
were made on January 7, 2002, a week before al-Karmi was assassinated. At the time of his assassination, according to media reports, the PA had
assured European Union officials that al-Karmi was under arrest.124 According to one report, he was assassinated "while visiting his wife and
daughter during a furlough from the `protective custody' of a PA jail."125
....
Based on its own investigation as well as media accounts and publicly available, captured PA documents, Human Rights Watch identified instances in
which individuals employed in one or another Palestinian security force were involved in shooting or suicide bomb attacks targeting civilians. Human
Rights Watch also found that individual members of the PA security forces have had ongoing associations with armed groups that have carried out
suicide bombing attacks on civilians. On at least two occasions, individual members of PA intelligence services assisted perpetrators in carrying out
such attacks.139
...
The PA should have made credible efforts to reprimand, discipline, or, where appropriate, bring to justice members of its own security services who,
in apparent disregard for declared PA policies, participated in or lent support to those responsible for attacks against civilians. Insofar as Human
Rights Watch could determine, it did not do so.
...
High-ranking PA officials, including President Arafat, failed in their duty to administer justice and enforce the rule of law in compliance with
international standards. Through their repeated failure to arrest or prosecute individuals alleged to have planned or carried out suicide attacks
against civilians, they contributed a climate of impunity-and failed to prevent the bloody consequences. Their payments to, and recruitment of,
individuals responsible for attacks against civilians likewise demonstrate, at least, a serious failure to meet their political responsibilities as
the governing authorities, if not a willingness to support them. However, there is no publicly available evidence that Arafat or other senior PA
officials ordered, planned, or carried out such attacks.