A/HRC/12/37
page 16
Hamas and unidentified gunmen after having being accused of collaboration with Israel,62 18 of
whom were extrajudicially executed during the Israeli offensive.63 Hamas has reportedly
announced that investigations are under way in at least some of the reported killings.64
V. REPORTED VIOLATIONS OF INTERNATIONAL HUMANITARIAN
AND HUMAN RIGHTS LAW IN THE WEST BANK, INCLUDING
OCCUPIED EAST JERUSALEM
39. During the reporting period, the human rights situation in the West Bank continued to be
critical, primarily as a result of reported violations committed by Israel, but also due to a rise in
alleged violations of rights of political opponents, committed in a context of continued political
separation between PA and Hamas.
A. Alleged arbitrary detentions, torture, extrajudicial
executions and ill-treatment
40. During the reporting period, Israeli forces continued to conduct military operations in the
West Bank, with the purpose of detaining persons suspected of involvement in activities against
Israeli security as per an Israeli military order.65 This military order has been criticized for its
vagueness at different levels.66 In the month of March alone, more than 120 operations of this
nature took place, resulting in the arrest of more than 300 Palestinians.67 Individuals are
generally detained in Israel including under administrative detention orders. Administrative
detention in Israel is conducted on the basis of an administrative order issued by a military
commander, as opposed to a judicial decision, and there is no indictment or trial. There are often
strict restrictions on access to counsel, and usually neither the detainees nor their counsels are
allowed to examine the evidence against them. This being the case, it cannot be said that
administrative detainees have a meaningful opportunity to challenge their detention.68 Israel
justifies administrative detention based on article 78 of the Fourth Geneva Convention.
62
PCHR, Special Report, Inter-Palestinian Human Rights Violations in the Gaza Strip,
February 2009, p. 2.
63
Human Rights Watch, “Under cover of war; Hamas political violence in Gaza”,
April 2009, p. 1.
64
See e.g. Al Jazeera English, “Hamas accused of killing rivals”, 21 April 2009.
65
Israeli Military Order No. 1229, of 1988.
66
See B’Tselem regular updates on administrative detention, at www.btselem.org/english/
Administrative_Detention/Israeli_Law.asp.
67
Information compiled by the OHCHR Office in the OPT.
68
See B’Tselem, Human Rights in the Occupied Territories: 2008 Annual Report.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents