A/HRC/34/36
defender has been denied access to continue her cancer treatment on “security grounds”,
despite the fact that she had until then been consistently allowed to leave for medical
purposes.
43.
Movement restrictions are also affecting the operations of humanitarian
organizations, including the United Nations. At the end of the reporting period, the monthly
denial rate of exit permit applications for United Nations staff from Gaza had reached 52
per cent, in contrast to the average denial rate of 3 per cent in 2015. In the first half of 2016,
32 Palestinian staff members of the United Nations and international non-governmental
organizations had been denied the possibility of reapplying for new permits within a 12month period by the Israeli Security Agency. 51
5.
Lack of accountability in the context of hostilities
44.
Low-level hostilities between Palestinian armed groups and Israeli forces persisted
during the reporting period. The High Commissioner continues to raise alarm over the
firing by Palestinian armed groups of unguided rockets from populated areas towards
civilian areas in Israel. At the same time, concerns remain over whether Israeli attacks are
proportional or whether necessary precautions are taken to prevent civilian casualties. 52
45.
The lack of accountability for past violations of international human rights and
international humanitarian law committed by the parties only serves to fuel the conflict.
Two years after the escalation of hostilities in Gaza, justice remains elusive. 53 Less than 9
per cent of referred incidents of alleged violations of international humanitarian law and
international human rights law, including allegations of war crimes, have led to a criminal
investigation, and the lack of investigations and accountability by the Israeli authorities, as
well as lack of civil remedies and compensation to victims, remain of serious concern.
46.
In the latest update from the Military Advocate General of the Israeli Defense Forces
on “Exceptional Incidents that Allegedly Occurred During Operation ‘Protective Edge’”
(August 2016), the Military Advocate General decided to close, without opening a criminal
investigation, approximately 80 additional incidents that had been examined by the FactFinding Assessment Mechanism, 54 which had determined that the actions of the Israeli
Defense Forces involved did not give rise to reasonable grounds for suspicion of criminal
behaviour.55
6.
Human rights defenders
47.
The reporting period witnessed continued harassment and intimidation of human
rights defenders — both Palestinian and Israeli — by Israeli authorities. Palestinian human
rights activists in particular continue to be arrested. On 26 October 2016, Israeli Security
Forces raided the house of Mr. Salah Khawaja, coordinator of the Popular Campaign
against the Wall, and arrested him, apparently in relation to his work as Secretary of the
Boycott, Divestment and Sanctions National Committee. The allegations against him are
not known and, since interrogations began in mid-November, he has not been allowed to
meet with a lawyer or with family members. Other activists, including Issa Amro and Farid
al-Atrash, in Hebron, face criminal charges for their human rights work, while Imad Abu
51
52
53
54
55
10
See footnote 50.
A/71/364.
A/71/364.
See http://mfa.gov.il/MFA/ForeignPolicy/IsraelGaza2014/Pages/Israel-Investigation-of-AllegedViolations-of-Law-of-Armed-Conflict.aspx.
See www.law.idf.il/163-7596-en/Patzar.aspx.
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