A/HRC/16/71 Palestinians were not involved in any hostile act but had been shelled because they were thought to have been aiming a rocket launcher at the barrier.10 In a similar incident, on 13 July, a 33-year-old woman was killed and three of her relatives injured when IDF along the barrier east of Johr El Deek fired three shells. One shell landed close to her house located within 35–-400 metres of the barrier. OHCHR was informed that IDF restricted the access of ambulances, and only authorized them to evacuate the dead and injured more than three hours after the attack.11 10. OHCHR documented several cases in which individuals were shot near the “buffer zone.” On 2 November, a man was collecting scrap metal and plastic around 400 metres from the barrier in Johr El Deek. He was shot in his shoulder by IDF. According to information gathered, the situation in the area was calm at the time, with no rocket or mortar attacks having taken place. On 22 October, in Beit Hanoun a man was shot below the knee with a bullet fired by IDF. The man had been collecting scrap metal 250–300 metres from the barrier. On 10 July, a 14-year-old boy was collecting scrap metal west of Beit Lahia, within 500 metres of the barrier, when he was shot in the leg.12 Many Gazans conduct this type of activity in light of the economic hardship and lack of employment opportunities. 11. Israeli Naval Forces continued to impede access of Palestinian fisherman beyond 3 nautical miles from shore. The enforcement of this restriction, including by use of live ammunition, severely limited fishing activities. Since the beginning of 2010 to 1 October, at least three Palestinian fishermen were killed and seven injured in incidents in which Israeli Navel Forces opened fire.13 On 24 September, approximately 1,500 metres from the shore, an Israeli patrol boat approached a Palestinian fishing boat and opened fire, resulting in the death of one fisherman. According to information collected by OHCHR, the patrol boat left the scene, failing to offer medical care or otherwise assist. 12. The manner in which the “buffer zone” was enforced raises serious legal concerns. In particular, the use of live ammunition against civilians violates the prohibition on targeting civilians unless they are directly taking part in hostilities. Presence in a restricted area is not equivalent to directly participating in hostilities. Many of these incidents constitute a violation of the right to life and may also amount to extrajudicial executions. The use of live ammunition against civilians in the “buffer zone” impinges upon other human rights, such as the rights to work, an adequate standard of living and health. The de facto prohibition on cultivation of around 30 per cent of the arable land of Gaza, due to the delimitation and enforcement of the “buffer zone”, has a severe impact on the right to food. 2. Arbitrary detention, torture and the death penalty 13. On 15 April, the de facto authorities executed two men. Three further men were executed on 17 May (OHCHR monitored these developments). The five executions proceeded without the ratification of the death sentences by the president of the Palestinian Authority, which is a requirement under the Palestinian Basic Law. The de facto authorities’ Ministry of Interior announced on 19 September its intention to persist with executions.14 10 Anshel Pfeffer, “IDF probe: Palestinians killed by IDF shelling were not militants”, Haaretz, 15 September 2010. 11 Case monitored by OHCHR, 26 July. 12 Case monitored by OHCHR, 13 July. 13 Humanitarian Monitor, November 2010. 14 See Palestinian Ministry of Interior (Gaza), press release. Available from www.moi.gov.ps/Page.aspx?page=details&nid=19065. 5