A/HRC/12/37
page 15
establishment of a joint national referral committee.57 The right to health of children, set out in
article 24 of CRC, is of particular concern in Gaza. United Nations agencies, Ministry of Health
officials and health NGOs report that rising poverty, unemployment and food insecurity,
compounded by the conflict, have increased the threat of child malnutrition.58 In January,
UNICEF said that 10.3 per cent of Gazan children under 5 were stunted.
37. During Operation Cast Lead, affected individuals and NGOs filed two petitions with the
Supreme Court of Israel.59 The petitions sought orders for (a) IDF to be restrained from causing
delays in evacuating the wounded in Gaza to hospitals (including through halting IDF attacks on
ambulances and medical personnel); and (b) the blockage in the supply of electricity due to
combat operations to be lifted to allow hospitals, clinics, the water system and the sewage system
to function properly. The Court denied both petitions. In doing so it accepted explanations
provided by IDF of the sufficiency of mechanisms it had recently established to facilitate
transfers of wounded to Israel and efforts to repair electricity infrastructure and the provision of
diesel oil. The Court concluded that:
[i]n view of the establishment and enhancement of the humanitarian mechanisms, which it
may be assumed will prove their effectiveness, in view of the statement made to us that a
serious effort will be made to improve the evacuation and treatment of the wounded, in
view of the setting up of a clinic in the vicinity of the Erez crossing (and to the extent that
the Palestinian side will also agree to the transfer of the wounded to Israel for treatment), it
is to be hoped that the humanitarian mechanisms will operate properly in accordance with
the obligations of the State of Israel. In these circumstances, we see no further reason to
grant relief in the form of an order nisi at this time.60
B. Extrajudicial executions
38. Reports indicate that the security forces of Hamas have conducted a large number of
extrajudicial executions, beatings, torture and ill-treatment against alleged collaborators with
Israeli forces, former PA security personnel and Fatah supporters, during and after the Israeli
operation in Gaza. Most of the victims were reportedly abducted from their homes and later
found dead or injured in isolated areas, or were found dead in the morgue of Gaza’s hospitals.61
At least 32 Palestinians have allegedly been extrajudicially executed by the security forces of
57
Joint OCHA and WHO statement, “Concern over halting of Gaza medical patients
referrals”, 30 March 2009.
58
WHO Health Action in Crises (HAC) Highlights for the week 20 to 26 April 2009.
59
Physicians for Human Rights and others v. Prime Minister of Israel and others, HCJ 201/09
and Gisha: Legal Centre for Freedom of Movement and others v. Minister of Defence,
HCJ 248/09.
60
Ibid., para. 23.
61
Amnesty International. press release. 12 February 2009.
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