A/HRC/43/21 22. In particular, the Israel Defense Forces continue to view the protests as events that cannot be considered detached from the ongoing armed conflict with armed groups in Gaza. Such a view translates into an operational approach that questions the applicability of the law enforcement framework based on international human rights law, as reflected in the claim that “most of the means and methods employed by law enforcement agencies in situations of riots or border incidents are simply ineffective or irrelevant to this scenario”. 37 That assessment is inconsistent with the findings of the commission of inquiry and with the information gathered by OHCHR through its continuous monitoring activities on the ground. Both the commission of inquiry and OHCHR have observed that the Great March of Return demonstrations along the Israel-Gaza fence are civilian in nature and, despite some acts of significant violence, do not constitute combat or a military campaign. 38 With regard to the use of lethal force, the Israel Defense Forces stress that, according to their standard operating procedures, “in contexts such as the Gaza border events, potentially lethal force may only be used in circumstances in which there is a real and imminent danger to human life or bodily integrity. Dangers that are not as serious cannot be dealt with by the use of such force,” adding that the Forces use “various measures to ensure the use of potentially lethal force is accurate and restrained”.39 OHCHR monitoring activities on the ground, however, continue to indicate a persistent pattern of Palestinians getting killed or severely injured at the fence in circumstances where they do not seem to pose an imminent threat to life or serious injury. 40 23. According to the Israel Defense Forces, allegations of misconduct by members of the Forces are investigated in an effective and thorough manner. 41 However, 19 months after the start of the Great March of Return, the Israeli military system had delivered only one sentence in relation to possible unlawful acts committed by the Israeli security forces at the fence (see para. 25 below). 24. According to information provided by the Israeli Ministry of Justice, as of 30 July 2019, 226 incidents resulting in the killing of Palestinian demonstrators during the Great March of Return had been referred to the General Staff Mechanism for Fact-Finding Assessments. The Mechanism has completed the investigation of 55 cases. In 10 cases, the Military Advocate General announced the opening of a military police investigation; in 20 other cases, the determination was to conclude the investigation without proceeding any further. The other cases referred to the Military Advocate General by the Mechanism were still pending. In three additional cases, a police investigation was initiated without the involvement of the Mechanism. The High Commissioner has highlighted the shortcomings of the Mechanism in previous reports, raising concerns as to whether such an internal mechanism meets accountability requirements under international law.42 The organizations Al Mezan Center for Human Rights and Palestinian Centre for Human Rights have submitted to the Israeli authorities 74 and 177 cases respectively related to individuals killed or injured at the Gaza fence since 30 March 2018. 25. On 29 October 2019, an Israeli military court sentenced an Israeli soldier to one month in prison, to be served by carrying out military-related labour, and to a two-month suspended sentence and demotion for shooting and killing without authorization Othman Hilles, a 14year-old Palestinian. The killing occurred on 13 July 2018, close to the Israel-Gaza fence, east of Gaza City, and was captured on video. The independent international commission of inquiry on the protests in the Occupied Palestinian Territory reviewed the incident and found that the victim had not posed an imminent threat of death or serious injury to Israeli security forces soldiers when he was shot.43 According to the Israel Defense Forces, the conviction 37 38 39 40 41 42 43 Israel Defense Forces, “Gaza border events: questions and answers”, p. 70. Available from www.idf.il/media/48555/gaza-border-events-questions-and-answers.pdf. A/HRC/40/74, para. 32. www.idf.il/en/minisites/questions-and-answers-concerning-the-violent-riots-and-attacks-occurringon-the-border-between-gaza-and-israel-during-2018-9. www.un.org/unispal/document/human-rights-commissioners-update-on-the-implementation-ofrecommendations-of-commission-of-inquiry-on-gaza-protests/. Israel Defense Forces, “Gaza border events”, p. 92. A/HRC/40/43, paras. 11 and 15. A/HRC/40/CRP.2, para. 517. 7