A/HRC/43/21
17.
The absence of any significant progress in the investigation of and prosecution for
alleged violations confirms the serious concerns previously expressed by the High
Commissioner and the Secretary-General regarding the consistent failure of the Israeli
Military Advocate General to open criminal investigations in cases of alleged violations of
international humanitarian law, including possible war crimes, committed by Israeli security
forces in the context of hostilities.28
18.
In relation to more recent escalations, on 19 December 2018 the Israel Defense Forces
publicly reported that the Military Advocate General had opened an investigation into the
killing of two Palestinian children by an Israeli airstrike on 14 July 2018. 29 On that day, the
Israeli Air Force conducted airstrikes targeting a vacant building belonging to the Palestinian
Ministry of Culture, located in Al Katiba yard, in Gaza City, killing two 14-year-old boys
and injuring 23 others.30 Israel alleged that the building was being used for militant activity.
According to the Israel Defense Forces spokesperson, an internal military investigation had
showed that “at the time of the [missile] fire, no people were spotted on the roof of the
building”.31 This announcement followed the publication of an independent investigation into
the case by the Israeli human rights organization B’Tselem and the international nongovernmental organization Forensic Architecture, which found that the sequence of video
footage of the attacks initially published through the Twitter account of the Israel Defense
Forces spokesperson had been edited in relation to the first fatal strike, in an alleged attempt
to obscure the unlawful nature of the strike. 32
19.
As also underlined by the High Commissioner in previous reports,33 no information
was made available on steps taken to ensure accountability for possible international
humanitarian law violations, including possible war crimes, committed by the Palestinian
authorities and armed groups in the context of the different rounds of hostilities, as identified
by the commission of inquiry on the 2014 Gaza conflict and, before that, by the United
Nations Fact-Finding Mission on the Gaza Conflict.34 Such lack of accountability remains of
the gravest concern.
B.
Accountability for unlawful use of force
20.
Impunity continues to prevail also in relation to incidents of possible excessive use of
force by Israeli security forces outside the context of hostilities, confirming a worrying trend
that has been repeatedly highlighted by the Secretary-General and the High Commissioner.35
The lack of progress in the investigations related to the widespread use of lethal force by the
Israeli security forces in the context of the Great March of Return extends this unacceptable
trend.
21.
In February 2019, prior to the release of the report of the independent international
commission of inquiry on the protests in the Occupied Palestinian Territory, the Israel
Defense Forces published a document intended to provide information on the nature of the
events related to the Great March of Return protests and on the response by the Forces. In
large part, the document echoes the position of the Government of Israel expressed in its
response to the 2018 Supreme Court petition on the open-fire policy.36
28
29
30
31
32
33
34
35
36
6
A/HRC/35/19, para. 18, A/HRC/37/41, para. 14, A/HRC/40/43, para. 8, and A/71/364, para. 40.
www.haaretz.com/israel-news/israel-probing-death-of-two-palestinian-teens-in-gaza-warning-missilestrike-1.6762293.
See also A/HRC/40/39, para. 15.
www.haaretz.com/israel-news/israel-probing-death-of-two-palestinian-teens-in-gaza-warning-missilestrike-1.6762293.
www.btselem.org/video/201812_lethal_warning#full.
See, in particular, A/HRC/37/41, para. 17, and A/HRC/40/43, para. 13.
A/HRC/29/52 and A/HRC/12/48 and Corr.1.
See, for instance, A/HRC/34/38, paras. 43–44, A/HRC/35/19, paras. 17–18, and A/71/364, para. 66.
www.idf.il/media/48315/petition-gaza-border-events-summary-of-state-position.pdf and https://s3-euwest-1.amazonaws.com/files.yesh-din.org/Gaza+Fire+Regulations+Petition/State+
response+Gaza+petition.pdf (in Hebrew only).
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