A/HRC/28/45
Nations premises. 18 In relation to Israel, there are serious concerns with regard to the
alleged failure of the Israel Defence Forces to respect the legal principles of distinction,
proportionality and precaution in attack. Those concerns arise in the context of targeting
decisions; the taking of all necessary precautions; the proportionality of the attacks; respect
for the distinction between civilians and civilian objects and military objectives, especially
during the ground operation; attacks on and close to schools, including those used as
shelters for the displaced; attacks on hospitals, ambulances and ambulance staff; and the
alleged arrest and transfer of Palestinians from Gaza to Israel during the ground operation.19
17.
Following the ceasefire on 26 August, OHCHR observed a significant decrease in
violence, recording no deaths, six rockets fired and no air strikes as of 24 October 2014.
The limited ceasefire which, as in the case of each previous escalation, ended the 2014
escalation, involved some easing of the restrictive measures on the movement of people and
goods from and into Gaza. Each ceasefire agreement has consistently failed to address the
root causes of the conflict, namely the prolonged occupation of the Occupied Palestinian
Territory, the blockade with its negative impact on enjoyment of economic, social and
cultural rights, and the lack of accountability for violations of international human rights
law and international humanitarian law. The agreements have served merely to paper over
the cracks of the conflict, which has continued to simmer before re-erupting in yet more
violence and yet more violations of international law.
Enforcement of the access-restricted areas
18.
Between 25 May 2013 and 6 July 2014, a total of seven people were shot and killed
and 131 were injured in the access-restricted areas on the Gaza side of the fence erected by
Israel around the Gaza Strip.20 In some incidents, shooting occurred in circumstances that,
according to information available to OHCHR, posed no threat to the soldiers. For
example, on 24 January 2014, the Israel Defence Forces shot and killed a 19-year-old
Palestinian while he was taking photographs a few hundred metres away from the fence in
Beit Lahia, northern Gaza.
19.
Similar violations occurred at sea, where Israeli naval forces continue to restrict the
access of Palestinian fishermen to fishing waters. Between 25 May 2013 and 6 July 2014,
one fisherman was killed and 13 others were injured. Israeli naval forces arrested
approximately 46 fishermen, confiscated 20 boats and damaged six boats during the
reporting period.21
20.
Despite an expansion of the fishing limit off the Gaza shore from three to six
nautical miles, reportedly under the terms of the ceasefire agreement, 22 as of 24 October
2014, at least one fisherman had been injured, 13 arrested, four boats confiscated and one
boat destroyed.23 Israel resumed its enforcement of the access-restricted areas in the same
manner as before the 2014 escalation, by using lethal force. Several incidents of shooting at
Palestinians close to the fence were reported between 26 August 2014 and 25 October
2014, with seven civilians injured in the access-restricted areas.24
18
19
20
21
22
23
24
www.unrwa.org/newsroom/press-releases/unrwa-strongly-condemns-placement-rockets-school.
A/HRC/12/48, paras. 499–1344; A/HRC/22/35/Add.1, paras. 11–31; A/HRC/28/80/Add.1, paras. 32–65.
Source: OHCHR.
Source: OHCHR.
www.reuters.com/article/2014/08/26/us-mideast-gaza-ceasefire-detailsidUSKBN0GQ1XQ20140826.
Source: OHCHR.
Source: OHCHR.
7
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