A/HRC/31/73
B.
Gaza
61.
Two communications sent by the Special Rapporteur concerned cases of alleged
violations of international humanitarian law during the Israeli military operation in Gaza in
July and August 2014. These communications were part of an attempt to raise with the
Government of Israel the long-standing general lack of accountability for Israeli violations
of international humanitarian law and international human rights law. The Special
Rapporteur regrets that Israel has not responded to these communications.
62.
The first of these joint communications, with the Special Rapporteur on
extrajudicial, summary or arbitrary executions dated 20 August 2014 (case No. ISR
9/2014), raised four emblematic cases of alleged disproportionate or indiscriminate attacks
that caused a number of Palestinian civilian fatalities, including children (previously
reported, see A/HRC/28/78, para. 24). In an update of June 2015, the Israeli Military
Advocate General ordered a criminal investigation into one of these cases noting that “the
factual findings … indicated the existence of grounds for reasonable suspicion that the
attack was not carried out in accordance with the rules and procedures applicable” to the
Israel Defense Forces.69 This was the case of the 9 July 2014 airstrike on a beach resort in
Khan Younis which killed nine young men, including four teenagers, who had been
watching a football World Cup match. There was reportedly no indication that the location
had been used for military purposes. As of 7 December 2015, there was no further update
available.
63.
The second joint communication, with the Special Rapporteur on the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health
dated 11 June 2015, concerned alleged violations related to seven cases of attacks by the
Israel Defense Forces, during the 2014 hostilities, on medical facilities and medical staff,
leading to destructions of health care facilities, and civilian deaths and injuries (see
A/HRC/31/79, case No. ISR 2/2015). In addition, the Special Rapporteur raised allegations
of wilful delay and obstruction by the Israel Defense Forces of medical evacuations.
Concerns were raised of alleged failures by Israel Defense Forces to comply with principles
of international humanitarian law, including special protection afforded to hospitals and
medical workers, as well as violations of the right to health. 70
64.
The Special Rapporteur takes the opportunity to provide more information on one
such case, which he raised during his presentation to the Human Rights Council at its
twenty-eighth session and which was also mentioned in the report of the independent
commission of inquiry established pursuant to Human Rights Council resolution S-21/1
(see A/HRC/29/CRP.4, para. 332). The case concerns a 7-year-old boy who was attempting
to flee the area of Khuza’a in the morning of 24 July, when he was hit by shrapnel to the
stomach during Israeli shelling. The boy’s medical evacuation was reportedly delayed by
the Israel Defense Forces, with no reason given, for more than three hours from the time he
was injured, in order to achieve coordination for medical evacuation access and at
checkpoints. At one point, the dying boy reportedly had to be removed from the ambulance
at a checkpoint to allow the Israeli Defense Forces to inspect the ambulance with dogs. The
boy passed away before reaching hospital. The Special Rapporteur is not aware of any
investigation into this case.
69
70
All references to Israeli examinations and investigations with respect to the Israeli Military Operation
in Gaza in 2014 accessed via http://www.law.idf.il/163-7353-en/Patzar.aspx, “Decisions of the IDF
MAG Regarding Exceptional Incidents that Allegedly Occurred During Operation ʽProtective Edge’–
Updates”.
Fourth Geneva Convention, arts. 17-20, and the International Covenant on Economic, Social and
Cultural Rights, art. 12.
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