A/HRC/4/17
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45.
Since 1967 over 650,000 Palestinians have been held in Israeli prisons. Hardly a family
in Palestine has therefore been untouched by the Israeli prison system. Inevitably most prisoners
emerge from prison embittered against the occupying Power.
V. TARGETED ASSASSINATIONS
46.
Israel has a proud record on the death penalty. Since the creation of the State only two
persons have been executed following a proper trial - the last being Adolf Eichmann. However,
Israel’s reputation as an abolitionist society has been tarnished by the practice of extrajudicial
assassinations or targeted killings, which has been widely employed by the Israeli Defense
Forces since the start of the Second Intifada in 2000. According to the Public Committee
Against Torture in Israel, approximately 500 Palestinians have been killed by targeted
assassinations, including 168 innocent civilians.
47.
In December 2006, the Israeli High Court of Justice at last ruled on the lawfulness of
targeted assassinations in The Public Committee against Torture in Israel v. Government of
Israel case (HCJ 769/02). Clearly the court found itself in an awkward position as it wished to
uphold justice without harming the security of the State. It failed to hold that targeted killings
were unlawful. Instead, it held that under customary international law it could not be said “that
this policy is always prohibited, just as it cannot be said that it is permitted in all circumstances
according to the discretion of the military commander” (per President Beinisch). It rejected the
argument that “terrorists” could be classified as unlawful combatants (para. 28), but held that the
killing of a “terrorist” was permissible where a person took a “direct part” in hostile activity,
with “direct part” defined broadly to include not only those who perpetrate terror attacks, but
also those who transport the perpetrators, supervise them, collect intelligence or supply certain
services (paras. 34-35). Having approved the targeted killing of “terrorists” in certain
circumstances, the Court then set limits for such action: It should not be resorted to when a
person could be arrested, without threatening the lives of soldiers (para. 40) or when the act
would be disproportionate in that the harm done to civilians would outweigh the security
advantage (paras. 44-46, 60). Measured by these standards, it is clear that many targeted
assassinations would be adjudged to be unlawful. Whether the Court’s decision will restrain the
IDF remains to be seen. It retains a wide discretion and there is a real fear that it will continue to
act as in the past. If it does, Israel will continue to be seen as an “abolitionist society” that
employs the death penalty on a wide scale through the back door of “targeted assassinations”.
VI. FAMILY SEPARATION
48.
Israeli law and practice shows little respect for family life. Israeli Palestinians married
to Palestinians from the Occupied Palestinian Territory cannot live together in Israel.
Palestinians from the OPT cannot live together with foreign spouses:10 Since 2000, a total of
120,000 requests for family unification have not been considered. Jerusalemites with Jerusalem
identity cards cannot live together with their spouses who hold West Bank identity cards. The
construction of the Wall in Jerusalem has separated 21 per cent of Palestinian households in
10
B’Tselem and Ha Moked, Perpetual Limbo: Israel’s Freeze on Unification of Palestinian
Families in the Occupied Territories (July 2006).
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