A/HRC/22/35
decided to establish a fact-finding mission on Israeli settlements. This decision was
confirmed in letters of 14 May 2012 from the Permanent Representative of Israel to the
United Nations in Geneva to the High Commissioner and the President of the Council. The
High Commissioner responded noting her surprise at this unprecedented decision, urging
the Government to reconsider its position and reaffirming the readiness of OHCHR to
engage with Israel. There was no formal change in the position of Israel during the
remainder of the reporting period.
II. Legal framework
5.
International human rights law and international humanitarian law are applicable in
the Occupied Palestinian Territory. A detailed analysis of the applicable legal framework
and the basis for the obligations of the different duty bearers, namely the State of Israel as
the occupying Power, the Palestinian Authority and the de facto authorities in Gaza, can be
found in the High Commissioner’s first periodic report on the situation of human rights in
the Occupied Palestinian Territory (A/HRC/12/37, paras. 5-9). This analysis remains valid.
III. Human rights violations by all duty bearers
A.
The Government of Israel
1.
Right to life and security in Gaza
(a)
Killing and injury of civilians in the course of hostilities
6.
The right to life, liberty and security continued to be an issue of serious concern
during the reporting period as a result of various forms of violence. By 29 November 2012,
130 civilians, including 40 children and 14 women, had been killed due to conflict-related
violence in Gaza, such as air strikes, bombardments, incursions and levelling operations, as
well as the use of live ammunition to enforce the access-restricted areas both on land and at
sea. Of these, 101 civilians, including 33 children and 13 women, were killed in the crisis
from 14 to 22 November. Excluding Palestinians injured during the crisis – as this
information was not yet verified at the time of writing – 369 civilians, including 114
children and 39 women, were injured in Gaza as a result of conflict-related violence during
the reporting period.5
7.
Israeli military attacks targeted alleged members of armed groups while present in
populated areas, resulting in civilian casualties. Some cases raise concerns regarding the
respect by the Israeli Defense Forces (IDF) of the principles of distinction, proportionality
and precautions to avoid the loss and injury of civilian life when launching an attack. On 7
October 2012, eight civilians, including a woman and four children, were injured when an
Israeli airplane fired a missile that resulted in the killing of two alleged members of armed
groups travelling on a motorbike in Rafah. Similarly, on 10 November, following an attack
by armed groups that injured four Israeli soldiers, at the fence east of Al-Shojayaa, IDF
launched attacks on different targets in Gaza that lasted for several days. In one such attack,
on 10 November, at approximately 4 p.m., four blasts occurred in a sand dune located a
short distance from residential buildings that are located approximately 1,000 metres from
the Israeli fence between Gaza and Israel. Four civilians, including two children, were
killed and 42 injured. OHCHR received information indicating that some of the victims
5
4
Information provided by the Office for the Coordination of Humanitarian Affairs (OCHA).
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