A/HRC/12/48
page 28
The Occupied Palestinian Territory: the West Bank, including East Jerusalem
81. The Mission considered developments in Gaza and the West Bank as closely interrelated,
and analysed both to reach an informed understanding of and to report on issues within its
mandate.
82. A consequence of Israel’s non-cooperation with the Mission was that the Mission was
unable to visit the West Bank to investigate alleged violations of international law there.
However, the Mission has received many oral and written reports and other relevant materials
from Palestinian, Israeli and international human rights organizations and institutions. In
addition, the Mission has met representatives of human rights organizations, members of the
Palestinian legislature and community leaders. It heard experts, witnesses and victims at the
public hearings, interviewed affected individuals and witnesses, and reviewed video and
photographic material.
1.
Treatment of Palestinians in the West Bank by Israeli security forces,
including use of excessive or lethal force during demonstrations
83. Various witnesses and experts informed the Mission of a sharp rise in the use of force by
the Israeli security forces against Palestinians in the West Bank from the beginning of the Israeli
operations in Gaza (chap. XX). A number of protestors were killed by Israeli forces during
Palestinian demonstrations, including in support of the Gaza population under attack, and scores
were injured. The level of violence used in the West Bank during the time of the operation in
Gaza was sustained also after the operation.
84. Of particular concern to the Mission were allegations of the use of unnecessary, lethal
force by Israeli security forces, the use of live ammunitions, and the provision in the Israeli
armed forces “open fire regulations” of different rules to deal with disturbances where only
Palestinians are present and those where Israelis are present. This raises serious concern with
regard to discriminatory policies vis-à-vis Palestinians. Eyewitnesses also reported to the
Mission on the use of sniper fire in the context of crowd control. Witnesses spoke of the
markedly different atmosphere they encountered in the confrontation with the soldiers and
border police during demonstrations in which all checks and balances had been removed. Several
witnesses told the Mission that during the operation in Gaza, the sense in the West Bank was one
of a “free for all”, where anything was permitted.
85. Little if any action is taken by the Israeli authorities to investigate, prosecute and punish
violence against Palestinians, including killings, by settlers and members of the security forces,
resulting in a situation of impunity. The Mission concludes that Israel has failed to fulfil its
obligations to protect the Palestinians from violence by private individuals under both
international human rights law and international humanitarian law.
2.
Detention of Palestinians in Israeli prisons
86. It is estimated that, since the beginning of the occupation, approximately 700,000
Palestinian men, women and children have been detained by Israel. According to estimates, as at
1 June 2009, there were approximately 8,100 Palestinian “political prisoners” in detention in
Israel, including 60 women and 390 children. Most of these detainees are charged or convicted
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