A/HRC/24/30
since March 2013. According to the United Nations Department of Safety and Security
(UNDSS), 27 home-made rockets, four grad rockets and nine mortar shells were fired from
Gaza towards Israel, while an additional two rockets and five mortar shells fell short and
landed in Gaza, and three rockets exploded at the launching site. Based on the information
available, the majority of projectiles fired into Israel struck empty land. No injuries were
reported, although the rocket fire had an impact on Israeli civilians living near Gaza. A
Salafist jihadist armed group called the Mojahideen Shura Council claimed responsibility
for a number of rockets fired towards Israel.3 The de facto authorities reportedly arrested at
least two persons alleged to have been involved in rocket firing following the 21 November
agreement.4 Israel conducted five air strikes in Gaza. On 30 April, the Israeli air force
targeted and killed one person and injured another, both allegedly members of an armed
group.5 In addition, at least 23 incursions6 up to 300 metres within the fence were
conducted by the Israeli Defense Forces (IDF).
6.
Six months after the end of the escalation in hostilities,7 there are serious concerns
that neither Israel nor the de facto authorities have taken adequate measures to investigate
credible allegations of violations of international law and to provide an effective remedy to
victims. There is no information available in the public domain on investigations conducted
into violations of international law committed by the de facto authorities and Palestinian
armed groups. This is of particular concern following the findings of the recent report of
the United Nations High Commissioner for Human Rights to the Human Rights Council
(A/HRC/22/35/Add.1), especially with regard to the direct targeting of civilians and the
indiscriminate nature of rockets fired towards Israel, as well as the summary execution of
alleged collaborators.
7.
Human rights organizations in Gaza filed 96 complaints with the Israeli military
justice regarding alleged violations, calling for investigations. The Israeli Military
Advocate General (MAG) is responsible for investigating offences that occur during
military operations, including allegations of violations of international humanitarian law
and human rights law. Complaints filed do not automatically trigger a criminal
investigation. On 11 April 2013, the MAG issued a public document indicating that it
found no basis to open criminal investigations in relation to approximately 65 incidents
during Operation “Pillar of Defence”.8
8.
While it is positive that the MAG issued this update to outline steps taken by Israel
to ensure accountability, it failed to provide sufficient information on the basis for deciding
not to open criminal investigations. For example, according to information gathered by
OHCHR in the case of the Al-Dalou family (A/HRC/22/35/Add.1, para. 17), on 18
November 2012, 12 people, including five children and four women, were killed in an
Israeli air strike that hit a three-storey house in a heavily populated area in Gaza City
without prior warning. The MAG claimed that the casualties were caused by “an attack
aimed against a senior terrorist operative and several other terrorists” and had the aim “to
3
4
5
6
7
8
4
The claims were made online at the following links which have since been removed: http://www.asansar.com/vb/showthread.php?t=84618 and http://www.as-ansar.com/vb/showthread.php?t=75141.
http://www.fpnp.net/ar/news/111960_%D8%A3%D8%AC%D9%87%D8%B2%D8%A9_%D8%AD
%D9%83%D9%88%D9%85%D8%A9__%D8%AD%D9%85%D8%A7%D8%B3__%D8%AA%D8
%B9%D8%AA%D9%82%D9%84_%D8%B3%D9%84%D9%81%D9%8A%D9%8A%D9%86_%D
8%A8%D8%B9%D8%AF_%D8%A5%D8%B7%D9%84%D8%A7%D9%82_%D8%A7%D9%84%
D8%B5%D9%88%D8%A7%D8%B1%D9%8A%D8%AE.html.
http://www.idf.il/1153-18879-EN/Dover.aspx
Data provided by UNDSS.
A/HRC/22/35/Add.1 was devoted to the November 2012 escalation of hostilities.
http://www.law.idf.il/SIP_STORAGE/files/4/1364.pdf
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