A/HRC/15/21
basis for the Israeli forces to conduct an assault and interception in international waters.
Moreover, in undertaking these operations and regardless of the legality of the operation,
the Israeli forces were obliged to do so in accordance with the law, including Israel’s
international human rights obligations.
164. The Code of Conduct for Law Enforcement Officials prescribes in article 2 that “in
the performance of their duty, law enforcement officials shall respect and protect human
dignity and maintain and uphold the human rights of all persons”; and article 3 adds that
“law enforcement officials may use force only when strictly necessary and to the extent
required for the performance of their duty”. This article clearly determines that the use of
firearms is considered as an extreme measure and that, whenever the lawful use of force
and firearms is unavoidable, law enforcement officials shall minimize damage and injury
and respect and preserve human life.
165. In boarding the Mavi Marmara, both from the sea and from the air, the Israeli forces
met a level of resistance from some of the passengers on board that was significant and, it
appears, unexpected. However, there is no available evidence to support the claim that any
of the passengers had or used firearms at any stage. In the initial phases of fighting with the
Israeli soldiers on the top deck, three Israeli soldiers were disarmed and taken inside the
ship. At this point, there may have been a justifiable belief of an immediate threat to life or
serious injury of certain soldiers which would have justified the use of firearms against
specific passengers.78
166. Principle 9 of the Basic Principles on the Use of Firearms by Law Enforcement
Officials stipulates that “law enforcement officials shall not use firearms against persons
except in self-defence or defence of others against the imminent threat of death or serious
injury, to prevent the perpetration of a particularly serious crime involving grave threat to
life […] and only when less extreme means are insufficient to achieve these objectives. In
any event, intentional lethal use of firearms may only be made when strictly unavoidable in
order to protect life”.
167. Nevertheless, throughout the operation to seize control of the Mavi Marmara,
including before the live fire restriction was eased, lethal force was employed by the Israeli
soldiers in a widespread and arbitrary manner which caused an unnecessarily large number
of persons to be killed or seriously injured. Less extreme means could have been employed
in nearly all instances of the Israeli operation, since there was no imminent threat to
soldiers; for example in relation to the operation to move down to the bridge deck and seize
control of the ship and the firing of live ammunition at passengers on the bow deck of the
ship. Even in a situation where three individual soldiers have been injured and detained, the
objective of freeing these soldiers does not legitimate the use of force outside applicable
international standards and soldiers must continue to respect and preserve life and to
minimize injury and damage.
168. In such circumstances the use of less extreme means, such as available less-lethal
weaponry, would have been sufficient to achieve the required objective as required by
Principle 4 of the Basic Principles on the Use of Firearms by Law Enforcement Officials.79
78
79
36
The Israeli Defense Chief of Staff is quoted as saying that the rules of engagement of the soldiers
made clear that live fire was initially only to be used in life-threatening situations and that this
restriction was only later eased in order to target protesters deemed to be violent in response to
unexpected level of violent resistance and the unknown whereabouts of some soldiers. IDF Chief of
General Staff, Gabi Ashkenazi’s testimony to the Turkel Committee (Public Commission to Examine
the Maritime Incident of May 31, 2010, Session Number 4, 11 August 2010).
Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent
means before resorting to the use of force and firearms. They may use force and firearms only if other
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