A/HRC/22/35
hospital in Israel, where he died the following morning of injuries sustained from this
incident. Statements by IDF indicated that two separate investigations had been initiated by
Israeli authorities, one of which was to be concluded by 20 December 2011. In a letter
dated 19 January 2012 to the Permanent Mission of Israel to the United Nations in Geneva,
OHCHR requested information on the status of the two investigations. At the time of
drafting, no response had been received from the Israeli authorities.
31.
While the use of live ammunition to disperse demonstrations was limited for most of
the reporting period, IDF made widespread use of it in response to demonstrations against
Israeli military operations in Gaza during the crisis of 14 to 21 November 2012, including
in Nabi Saleh, Hebron, Huwwara checkpoint, Ofer, Tuqu’ and Bethlehem. Such incidents
resulted in the killing of two and the injury of 16 Palestinians. At the entrance of Ofer
military camp, ISF responded to stone throwing by Palestinians with live fire on 15, 16 and
17 November, injuring at least five protesters, who were mostly shot in their legs. Several
demonstrators were hit in the head and/or chest by tear gas canisters and rubber-coated
metal bullets.
32.
On 19 November 2012, students clashed with IDF in Tuqu’ village. The students
threw stones and the soldiers initially responded by firing tear gas canisters. One of two
soldiers standing on higher ground then fired live ammunition at the students around 50
metres away, hitting 17-year-old Mohammad Ahmad al-Badan in the abdomen. Mr. Ahmad
al-Badan suffered internal bleeding, damage to his intestines and severe damage to his hip.
33.
On 17 November 2012, several boys from the village of Nabi Saleh gathered on a
nearby hill overlooking a main road used by Israeli settlers, in order to burn a tire on the
road. They were spotted by IDF soldiers, seven of whom climbed the hill and fired tear gas
canisters and rubber-coated metal bullets. Adults from the village headed to the hill and
clashes continued. Several villagers were hit by rubber-coated metal bullets, including 31year-old Rushdi Tamimi. He then turned to flee and was hit from behind by live
ammunition. The projectile made its way into Mr. Tamimi’s stomach, causing internal
injuries that resulted in death in the hospital two days later.
34.
The resort to live ammunition by ISF to disperse protesters during the week of 14 to
21 November is unprecedented in recent years. There is concern that this may indicate a
worrying change in the IDF riot control policies and/or a lack of appropriate training for
soldiers deployed in response to public demonstrations.
35.
ISF operating in the West Bank are bound by article 6 of the International Covenant
on Civil and Political Rights and should also act in accordance with the Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials. These principles state that
the use of firearms is authorized in extremely limited circumstances, namely self-defence or
defence of others against imminent threat of death or serious injury, and only if less
extreme means are insufficient. ISF are further bound by the provisions of the Covenant
that prohibit torture or cruel, inhuman or degrading treatment or punishment and guarantee
the right to liberty and security of persons (arts. 7 and 9). Israel has an obligation to provide
an effective remedy for any violations of the Covenant. This encompasses thorough,
prompt, independent and impartial investigations into the use of firearms by law
enforcement officials, including IDF and private security personnel contracted by Israeli
authorities. Should negligent or unlawful behaviour be identified during such an
investigation, judicial and/or disciplinary proceedings must be initiated against the
person(s) responsible. In addition, Palestinians in the occupied territory, including East
Jerusalem, are protected persons in line with article 4 of the Geneva Convention relative to
the Protection of Civilian Persons in the Time of War (Fourth Geneva Convention) of 1949.
10
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