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. 19

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