A/HRC/43/21 was part of a deal in which the soldier had pleaded guilty to “disobeying an order leading to a threat of life or health”.44 Also according to the Forces, the defendant shot the Palestinian boy “without receiving the required permission from his commanders, not in accordance with the rules of engagement and not in accordance with the instructions he had received prior”.45 Moreover, the soldier was not convicted of a more serious offence because military prosecutors were unable to collect sufficient evidence connecting his gunshot to the victim’s death.46 The offence that forms the basis for the conviction and the leniency of the sentence appear starkly inconsistent with the gravity of the conduct, casting serious doubts on the effectiveness of the Israeli internal investigation and prosecution system to ensure accountability for human rights and international humanitarian law violations in line with international standards. The case appears also to highlight structural limitations inherent to the Israeli military justice system in focusing on the responsibility of soldiers in complying with orders and standard operating procedures, without addressing the legality of those same rules of engagement and the connected responsibility of military commanders. 26. Although not linked to the Great March of Return, on 15 May 2019 the Israeli Military Police Criminal Investigation Division closed the probe opened on 4 January 2018 into the killing of Ibrahim Abu Thoryah during demonstrations at the Gaza fence on 15 December 2017. 47 A double amputee in a wheelchair, Mr. Abu Thoryah was shot dead with live ammunition to the head. His killing sparked widespread international condemnation, including a statement by the High Commissioner.48 According to media reports, the military investigation concluded that there was no evidence that the man had been killed by direct Israeli fire.49 The Israel Defense Forces added that they had contacted Palestinian officials to obtain the bullet that had hit Mr. Abu Thoryah to examine it, but that the request had been denied. According to information collected by OHCHR at the time of the incident, there was no indication that Mr. Abu Thoryah had posed an imminent threat of death or serious injury at the moment he was killed. His physical disability must have been clearly visible to the person who shot him, in the front of the head, some 15–20m from the fence. 27. The lack of accountability for the killing and injury of Palestinians is evident in the context of the Great March of Return protests in Gaza as well as in the West Bank. On 17 December 2018, the Israeli Attorney General rejected an appeal submitted by the Association for Civil Rights in Israel (ACRI) contesting the Military Advocate General’s decision of April 2016 to close the investigation into the killing of 17-year-old Mohammad al-Qusbah by an Israel Defense Forces officer with three bullets to his upper limbs. The boy was running away from Israel Defense Forces personnel after throwing a stone towards Israeli installations near the village of Ar-Ram, on 3 July 2015.50 In justifying the closing of the investigation, the Military Advocate General noted that security personnel had made “a professional error” by firing while the boy was running, adding that the incident occurred in “operational circumstances”.51 The Attorney General regarded the delay in the promotion of the officer as an “appropriate and proportionate response”.52 The failure to prosecute a soldier who had opened fire against an individual (in this case a minor) who, according to information resulting from OHCHR monitoring activities, did not seem to pose a threat to life or serious 44 45 46 47 48 49 50 51 52 8 www.timesofisrael.com/in-first-soldier-convicted-over-killing-of-gaza-rioter-gets-1-month-sentence. Ibid. Ibid. www.haaretz.com/israel-news/.premium-israel-army-closes-case-disabled-gazan-s-death-citing-noevidence-soldiers-shot-him-1.7246465 and www.ynetnews.com/articles/0,7340,L-5066263,00.html. www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22550&LangID=E%2027%20 and www.timesofisrael.com/idf-soldiers-didnt-intentionally-kill-double-amputee-in-gaza-riot/. This reflects what was already announced in the Israel Defense Forces initial probe, which indicated that there were “no moral or professional failures” on the part of the Israel Defense Forces in the incident. See www.timesofisrael.com/idf-soldiers-didnt-intentionally-kill-double-amputee-in-gazariot/. www.btselem.org/press_releases/20160410_muhammad_ali_qusbah_case_closed. Letter dated 13 December 2018 from the Israeli Attorney General addressed to ACRI. See also www.timesofisrael.com/idf-colonel-cleared-in-shooting-death-of-rock-thrower/ and www.haaretz.com/israel-news/.premium-idf-officer-who-killed-stone-throwing-palestinian-tappedfor-top-post-1.6358286. Letter dated 13 December from the Israeli Attorney General addressed to ACRI.