A/HRC/19/20
per cent compared to 2009.26 In 2011, almost 10,000 Palestinian-owned trees,
mainly olive trees, were damaged or uprooted by Israeli settlers, severely
affecting the livelihood of hundreds of Palestinian families.27
29.
During the reporting period, OHCHR closely monitored the situation in
the village of Qusra, in the northern West Bank, which witnessed a spike in
settler violence during 2011 and particularly during September. The attacks took
various forms and are emblematic of the phenomenon of settler violence
throughout the West Bank. On 6 October 2011, at least 200 trees belonging to
four Palestinian families were uprooted and/or damaged in Qusra. On 23
September 2011, as noted above, following clashes between Palestinians and
settlers, an unarmed Palestinian civilian was shot dead with live ammunition by
IDF. During the same incident, two minors were detained by IDF for two hours
in a tent located between the village and the Esh Kodesh outpost, during which
they were beaten by both IDF soldiers and settlers and insulted. On 16
September 2011, one unarmed Palestinian was injured with live fire by a settler
after armed settlers trespassed onto his land. During the same incident, one minor
was injured in his leg when the settlers released their dog on the minor. On 5
September 2011, a mosque in the village was vandalized and torched. Insulting
graffiti was sprayed on its walls. On 26 August 2011, a Palestinian minor was
injured by live ammunition used by IDF following clashes between settlers and
Palestinians. On 7 March 2011, at least 12 Palestinians sustained serious injuries
as a result of live fire shot by both IDF and armed settlers. During this incident,
accounts collected by OHCHR indicate that the injured Palestinians were
assaulted simultaneously by both IDF and armed settlers (A/66/364, para. 24).
30.
The failure of IDF to protect Palestinians and their property from violence
by Israeli civilians continues to be a growing concern. The lack of accountability
for these violent acts, which is exacerbated by the existence of a dual legal
system - civil courts for Israeli civilians and a less protective military justice
system for Palestinians suspected of involvement in crimes - contributes to
increased tension between Palestinians and Israelis (ibid, para. 31). OHCHR
documented several cases where IDF appeared to provide direct support to
settlers when they attacked Palestinian communities and focused their efforts in
dispersing Palestinians or removing them from their lands rather than preventing
Israeli settlers from trespassing onto private Palestinian land and attacking
Palestinians and their property. Reports of the Government of Israel suggest that
this failure may in some instances be a result of the insufficient knowledge of
some IDF soldiers about their duty to protect Palestinians (ibid., para. 30). At the
same time, it should be noted that IDF in many contexts does successfully act to
prevent incidents and to ensure accountability, which suggests that the required
capacity is available.
31.
Filing a complaint against settlers or IDF is often a complicated and
intimidating process for many Palestinians. Many refrain from filing complaints
and limit themselves to reporting the case to the Palestinian authorities.
However, Palestinian authorities have no jurisdiction with regard to settlers and
can only document the damages and/or injuries and send written complaints to
26
27
OCHA, Israeli Settler Violence in the West Bank, fact sheet, November 2011. Available
from
www.ochaopt.org/documents/ocha_opt_settler_violence_FactSheet_October_2011_englis
h.pdf.
Ibid.
11
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