A/HRC/12/48 (ADVANCE 2)
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killing, torture or inhuman treatment, wilfully causing great suffering or serious injury to
body or health, and extensive destruction of property, not justified by military necessity
and carried out unlawfully and wantonly. As grave breaches these acts give rise to
individual criminal responsibility. The Mission notes that the use of human shields also
constitutes a war crime under the Rome Statute of the International Criminal Court.
1936. The Mission further considers that the series of acts that deprive Palestinians in the
Gaza Strip of their means of subsistence, employment, housing and water, that deny their
freedom of movement and their right to leave and enter their own country, that limit their
rights to access a court of law and an effective remedy, could lead a competent court to find
that the crime of persecution, a crime against humanity, has been committed.
2.
(a)
Actions by Israel in the West Bank in the context of the military operations
in Gaza from 27 December 2008 to 18 January 2009
Treatment of Palestinians in the West Bank by Israeli security forces, including use
of excessive or lethal force during demonstrations
1937. With regard to acts of violence by settlers against Palestinians, the Mission concludes
that Israel has failed to fulfil its international obligations to protect the Palestinians from
violence by private individuals under both international human rights law and
international humanitarian law. In some instances security forces acquiesced to the acts of
violence in violation of the prohibition against cruel, inhuman or degrading treatment.
When this acquiescence occurs only in respect of violence against Palestinians by settlers
and not vice versa, it would amount to discrimination on the basis of national origin,
prohibited under ICCPR.
1938. Israel also violated a series of human rights by unlawfully repressing peaceful public
demonstrations and using excessive force against demonstrators. The use of firearms,
including live ammunitions, and the use of snipers resulting in the death of demonstrators
are a violation of article 6 of ICCPR as an arbitrary deprivation of life and, in the
circumstances examined by the Mission, appear to indicate an intention or at least a
recklessness towards causing harm to civilians which may amount to wilful killing.
1939. Excessive use of force that resulted in injury rather than death constitutes violations
of a number of standards, including articles 7 and 9 of ICCPR. These violations are
compounded by the seemingly discriminatory “open fire regulations” for security forces
dealing with demonstrations, based on the presence of persons with a particular
nationality, violating the principle of non-discrimination in ICCPR (art. 2) as well as under
article 27 of the Fourth Geneva Convention.
1940. The Mission finds that Israel failed to investigate, and when appropriate prosecute,
acts by its agents or by third parties involving serious violations of international
humanitarian law and human rights law.
1941. The Mission was alarmed at the reported increase in settler violence in the past year
and the failure of the Israeli security forces to prevent settlers’ attacks against Palestinian
civilians and their property. These are accompanied by a series of violations by Israeli
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