A/HRC/31/73
65.
The communication also included alleged violations related to attacks by Israel
Defense Forces on hospitals, ambulances and medical workers. There were three cases of
attacks on hospitals: Al-Aqsa, Beit Hanoun, and Al-Wafa. With respect to the Al Wafa
hospital, which was attacked several times between 11 and 23 July 2014, when it was
destroyed, the case was examined by the Israeli Fact Finding Assessment Mechanism.
However, based on claims that it had been used for military purposes, no investigation
followed. Information received by the Special Rapporteur suggested only the possibility of
a launching site more than 200 metres from the hospital, but no other military activity in the
area of the hospital. The independent commission of inquiry established pursuant to Human
Rights Council resolution S-21/1 reported that all relevant witnesses it interviewed,
including medical staff, denied that it was used for military purposes prior to its evacuation
(see A/HRC/29/CRP.4, para. 477). In two of the three cases of attacks on ambulance and
medical workers, investigations appear to have been opened by the Military Advocate
General following examination by the Fact-fining Assessment Mechanism. The third case,
into which there seems to have been no investigation, concerned the killing of a threeperson ambulance crew when the ambulance allegedly came under attack by the Israel
Defense Forces while it was on its way to attend casualties at the site of a reported drone
strike. As of 7 December 2015, there were no further updates available on these cases.71
66.
These cases illustrate a variety of effects of the policies and practices of the
occupation and the related conflict on individual Palestinian lives. The Special Rapporteur
reiterates the need for increased realization of the protections afforded Palestinians in the
Occupied Palestinian Territory under international human rights law and international
humanitarian law. Communications addressed to the Government of Israel after November
2015 are not included in the present report, but will be included in the communications
report of special procedures presented at the thirty-second session of the Council.
VI. Conclusions and recommendations
67.
The Special Rapporteur recalls the well-documented violations related to the
Israeli occupation policies and practices in the Occupied Palestinian Territory and
sees a critical need for the international community to increase its protection of the
Palestinian population.
68.
He appeals to the Government of Israel, as the occupying Power, to take
practical steps to implement protections under international law as it pertains to the
Palestinian population living under occupation. In particular, he urges Israel to
review, with a view to implementing, recommendations made to it to improve the
human rights situation in the Occupied Palestinian Territory, by the SecretaryGeneral, the High Commissioner for Human Rights and independent mandates in
reports presented to the General Assembly and the Human Rights Council.
69.
The Special Rapporteur reiterates recommendations previously made (see
A/HRC/28/78 and A/70/392) and presents and re-emphasizes the following
recommendations to the Government of Israel:
(a)
Lift the blockade on Gaza, which is a primary obstacle to reconstruction,
entails violations of human rights and constitutes collective punishment;
71
20
A response from Israel to the communication was received following the finalization of the present
report. It will be made available in the relevant communications report of Special Procedures.
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