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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