A/HRC/34/38 44. Ensuring accountability for violations committed by all parties would be key to breaking the cycle of violence. 96 Few Israeli security personnel are indicted for their actions. Incitement to violence remains an issue. Palestinians who commit attacks against Israelis are glorified by parts of the population and representatives of ruling parties. 97 Excessive use of force by law enforcement officials 45. Since September 2015, there has been a new escalation of violence in the West Bank, with attacks committed by Palestinians against Israelis. In that context, there appears to have also been a sharp increase in incidents of excessive use of force, both in the context of clashes and in response to attacks or alleged attacks by Palestinians against Israelis. 98 In many instances, it appears that Israeli security forces do not make use of firearms against Palestinians only as a last resort, even where there is no imminent threat to life or of serious injury.99 Similar concerns of unlawful killings arise in the context of the access-restricted areas in Gaza (where elements of the Israel Defense Forces routinely use firearms against bystanders and protestors), along the Israel-Gaza fence and at sea against small fishing vessels.100 46. Such use of firearms and the large number of resulting casualties raise serious questions as to whether the rules of engagement of the Israel Defense Forces comply with international law, whether they are properly implemented and respected and whether appropriate sanctions are imposed for non-compliance. 47. In law enforcement operations, the use of lethal force has to be limited to situations when it is strictly necessary and in accordance with the principle of proportionality. It should be restricted to situations of last resort, i.e. as a response to an imminent threat of death or serious injury. 101 Use of force that does not comply with those principles and results in the death of the suspect amounts to an arbitrary deprivation of life. 102 Under international humanitarian law, this may constitute an act of wilful killing. 103 48. The Secretary-General has expressed serious concern regarding the excessive use of force and unlawful killings by the Israeli security forces, including apparent extrajudicial executions.104 Concerns remain regarding accountability in law enforcement operations. 105 Since the escalation of violence in September 2015, only one case has led to an indictment and subsequent conviction, despite the fact that, as at 31 October 2016, 169 Palestinians were killed by Israeli security forces following an attack or alleged attack. 106 Torture and ill-treatment in detention 49. Allegations of ill-treatment and torture of Palestinian detainees have been regularly reported over the years. 107 These occur largely during arrests, transfers and interrogations, particularly by the Israel Security Agency. Common forms of ill-treatment include sleep deprivation, placement in stress positions, sexual harassment and physical assault. In 2015, The Public Committee against Torture in Israel documented 38 complaints of torture in Israeli detention facilities.108 The United Nations Children’s Fund (UNICEF) and partner 96 97 98 99 100 101 102 103 104 105 106 107 108 See A/71/364, para. 71. Report of the Middle East Quartet, p. 3. See A/HRC/31/40. See A/71/364, paras. 8-10, and A/71/355, paras. 38-43. See A/70/421, paras. 30-38, and A/71/364, paras. 13-15. Code of Conduct for Law Enforcement Officials, arts. 2-3, and Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, principles 5, 9 and 13-14. International Covenant on Civil and Political Rights, art. 6. Fourth Geneva Convention, art. 147. See A/71/355, para. 43, A/71/364, paras. 8-9, and A/HRC/31/40, paras. 10-15. See A/71/364, paras. 42-50. See A/71/355, para. 45, and A/71/364, para. 45. Elor Azaria was convicted for manslaughter on 4 January 2017; as at the time of writing, it was not clear whether there will be an appeal to the judgment. A/HRC/28/80, A/HRC/31/40 and A/71/364. Update provided by the Public Committee against Torture in Israel. 11