A/HRC/35/19/Add.1
Palestinians. Cases documented between October 2015 and January 2017 by Physicians for
Human Rights include instances of Palestinian medical personnel blocked from treating
wounded persons accused of conducting an attack. Incidents of tear gas, tear gas canisters
and rubber bullets thrown or shot at ambulances were also reported.93 Eight of these cases
documented by Physicians for Human Rights were submitted to the investigative authorities
for addressing complaints regarding delays in the evacuation of the wounded. At the time of
writing, these complaints were closed or no answer had been received.
74.
The main indicator to assess the implementation of this recommendation is the
continued reoccurrence of documented cases of Palestinian ambulances and first responders
delayed and, in some instances, blocked entirely. The lack of clear instructions issued to the
Israeli security forces to facilitate prompt medical assistance, and the closure or lack of
timely response to the complaints filed constitutes an additional indicator that the
recommendation was “not implemented”.
75.
In 2009, the report by multiple mandate holders 94 on the Human Rights situation in
Palestine Other Occupied Arab Territories recommended that parties to the conflict “Enable
the immediate resumption of regular educational activities, make schools zones of peace
and ensure that schools are protected from military attacks and from seizure or use as
centres for recruitment.”95
76.
The recommendation is addressed to both parties to the conflict in the 2009
escalation of hostilities in Gaza: Israel and Hamas. Following the ceasefire of 18 January
2009, and the resumption of education activities, the first part of the recommendation
calling for the resumption of educational activities could arguably be considered as “fully
implemented”. However, for the purpose of this analysis, it is necessary to note that after
2009, two additional escalations of hostilities took place between Israel and Hamas in 2012
and 2014. During the last escalation, between 8 July and 26 August 2014, “at least 262
schools were damaged in Israeli air strikes. Three public schools were completely destroyed
and at least 23 were severely damaged. In addition, 274 kindergartens were damaged.”96
Furthermore, “of the 83 school buildings of the United Nations Relief and Works Agency
for Palestine Refugees in the Near East (UNRWA) that were damaged owing to Israeli
airstrikes and shelling nearby, 7 being used as shelters were hit either directly or by air
strikes or shelling, resulting in the death of at least 42 persons, including 16 children, and in
the injury of about 230 persons.”97 It appears that schools were not considered as zones of
peace, and were not protected from attacks by the Israeli security forces.
77.
In relation to Hamas, the Secretary-General noted that “during its routine
inspections, UNRWA discovered that weapons or weapons components had been placed by
Palestinian armed elements in three vacant UNRWA schools in Gaza.”98 On 10 November
2014, the Secretary-General decided to establish a United Nations Headquarters Board of
Inquiry into 10 incidents which caused death or injury and damage, or during which
weaponry was found at United Nations facilities during the conflict. On 27 April 2015, the
Secretary-General released a summary of the Board’s findings in a letter to the Security
Council. He deplored that at least 44 Palestinians were killed and at least 227 injured as a
result of Israeli attacks at United Nations premises that were being used as emergency
shelters. The Board concluded that the three schools at which weaponry belonging to
Palestinian armed groups was found were empty at the time, not being used as shelters.99
93
See www.phr.org.il/en/complaints-concerning-delay-evacuation-wounded-pales,
http://cdn2.phr.org.il/wp-content/uploads/2016/12/PHRI-Submission.SR-OPT-7-November-2016UPDATED.pdf.
94
A/HRC/10/22 https://documents-ddsny.un.org/doc/UNDOC/GEN/G09/135/43/PDF/G0913543.pdf?OpenElement
95
A/HRC/10/22 para 103.(b).
96
97
S/2015/409 para. 98.
S/2015/409 para. 99.
98
A/69/926 S/2015/409 para. 102.
Letter dated 27 April 2015 from the Secretary-General addressed to the President of the Security
Council, S/2015/286.
99
19
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