A/HRC/31/73
23.
Among credible reports of alleged perpetrators shot dead by Israeli security forces
when not posing an immediate threat to the life of Israeli soldiers or others, is the case of a
72-year-old woman killed on 6 November 2015. Israeli forces reportedly alleged that she
intended to ram them with her car.17 However, reported footage of the incident shows that
soldiers continued firing after jumping out of the way of the car.18 On 14 October 2015, a
young Palestinian man from Hebron was shot dead by Israeli security forces in the context
of an alleged attempted stabbing attack at the Damascus Gate entrance to the old city in
East Jerusalem. A video of the incident showed the man running past police officers with
what appeared to be a knife in his hand before being shot. 19 While the situation posed a
level of threat, it is troubling that it appears from the footage available that there was no
attempt by the Israeli security forces present to immobilize the suspect in order to
apprehend him.20 It has been claimed that a second video shows the man being shot again
while lying almost motionless on the ground.21
24.
The Special Rapporteur is deeply concerned at measures employed against the
Palestinian population in the context of the escalation of violence. While Israeli authorities
need to respond appropriately and proportionally to the deteriorating security situation,
measures that are excessive violate international law and only add fuel to already inflamed
tensions. In mid-October the Israeli Ministry of Foreign Affairs reported the approval by
the Security Cabinet of a number of measures, authorizing Israeli security forces to “impose
a closure on, or to surround, centers of friction and incitement in Jerusalem”. 22 The
measures also provided that where a punitive demolition has taken place no new
construction would be permitted, that the [suspected] perpetrators’ property would be
confiscated and their East Jerusalem residency rights revoked. 23
25.
Punitive demolitions of the homes of perpetrators or alleged perpetrators of attacks
against Israelis are in contravention of international humanitarian law and international
human rights law. Israel, as the occupying Power is prohibited from destroying private
property in the Occupied Palestinian Territory. 24 Such demolitions further constitute
collective punishment, contrary to article 33 of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, affecting not only the perpetrator or
suspected perpetrator, but also the family of the targeted person and often families in
adjacent homes impacted by the blast of the demolitions. Punitive demolitions violate a
number of human rights, including the right to housing. According to the Office for the
Coordination of Humanitarian Affairs, from mid-October to the end of November 2015, 11
homes were demolished or sealed in such punitive actions. This caused the displacement of
80 Palestinians, including 42 children. Twenty-six persons living in adjacent buildings were
17
18
19
20
21
22
23
24
8
Times of Israel, “Elderly Palestinian woman tries to run over soldiers near Hebron”, 6 November
2015.
Amnesty International, “Israel/OPT: Investigate apparent extrajudicial execution at Hebron hospital”,
press release, 12 November 2015, and B’Tselem, “Unjustified use of lethal force and execution of
Palestinians who stabbed or were suspected of attempted stabbings”, press release, 16 December
2015.
From interview with a police spokesperson, with footage of the shooting (MSNBC LIVE With José
Díaz-Balart, “Police: ʽNo doubt’ man posed imminent threat” 14 October 2015).
B’Tselem, “Footage raises grave concern that Fadi ‘Alun and Basel Sidr were shot while no longer
posing danger”, press release, 15 October 2015.
Al Jazeera, “Mapping the dead in latest Israeli-Palestinian violence” (accessed 9 December 2015).
Israel, Ministry of Foreign Affairs, “Security Cabinet approves anti-terror measures”, 13 October
2015.
Ibid.
This prohibition (art. 53 of the Geneva Convention relative to the Protection of Civilian Persons in
Time of War) applies unless an absolute necessity for military operations exists.
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