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.
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