A/HRC/19/20
finally used live fire, which led to the death of 36-year-old Essam Kamal Badran
Oudeh, a father of seven children. The use of live fire by IDF was confirmed by
its spokesperson.18 It was subsequently reported in the media that the commander
of the IDF unit involved in the death of the Palestinian civilian was relieved from
his post but remained in the IDF.19
23.
The use of live ammunition by IDF at checkpoints in the Occupied
Palestinian Territory against unarmed individuals is also cause for concern. For
example, on 2 January 2011 an unarmed man crossing the Al-Hamra checkpoint
was shot and killed. The man was passing through the security check and had
handed over his identification to an Israeli soldier. When he was about to clear
the checkpoint, a female soldier who stood behind a concrete block started to
shout at him in Hebrew and shot him in the leg. The man fell to the ground. He
then got up with his hands up; at this point other soldiers at the checkpoint
opened fire. One bullet hit him in the chest. At the arrival of the ambulance crew
he was pronounced dead. IDF announced three weeks later that an operational
investigation had concluded that the soldiers had acted in conformity with rules
of engagement.20
24.
On 11 November 2011, an Israeli citizen was driving in the Hebron
Governorate. IDF, having received information about a suspicious vehicle, had
set up a temporary checkpoint. The vehicle driven by the victim failed to stop at
the checkpoint as signalled by the soldiers. One of the soldiers then opened fire
in the direction of the vehicle, killing its driver and injuring two passengers. In a
press statement IDF indicated that the soldier felt that his life was threatened.
IDF ordered an investigation.21
25.
As emphasized by the Secretary-General in his report on Israeli practices
affecting the human rights of the Palestinian people in the Occupied Palestinian
Territory, including East Jerusalem (A/66/356), “the use of firearms against
unarmed persons raises serious concerns with regard to the open-fire regulations
and training received by the Israeli security forces. In the West Bank, occupying
forces act in a law-enforcement capacity. They are bound by article 6 of the
International Covenant on Civil and Political Rights and should act in
accordance with the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials” (para. 15). The use of firearms is authorized in extremely
limited circumstances, namely self-defence or defence of others against
imminent threat of death or serious injury and only if less extreme means are
insufficient.22 The Secretary-General added that “thorough, prompt, independent
and impartial investigations of the use of firearms by law enforcement officials,
and the taking of appropriate judicial and disciplinary sanctions when necessary,
are essential to ensure the accountability of security forces” (para. 17). The
18
19
20
21
22
IDF, “Events following violent riot near Qusra”, 23 September 2011. Available from
http://idfspokesperson.com/2011/09/23/events-following-violent-riot-near-qusra/.
Harriet Sherwood, “Israeli officer loses command, a month after death of protester”,
Guardian, 24 October 2011. Available from www.guardian.co.uk/world/2011/oct/24/
israeli-commander-dismissed-death-protester.
IDF, “Investigation of „Bekaot‟ crossing incidents concluded”, press release, 24 January
2011. Available from http://dover.idf.il/IDF/English/Press+Releases/2011/01/2401.htm.
IDF, “Central Command Chief orders investigation of shooting incident”, press release,
11 November 2011. Available from www.idf.il/1283-13798-en/Dover.aspx.
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, 1990,
principle 9.
9
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