A/HRC/22/35
Israel, yet the indiscriminate nature of the overwhelming majority of these projectiles
makes it impossible to determine whether they were directed at military objectives.
39.
In some cases Palestinian armed groups continued to fail to uphold the principle of
distinction when launching attacks on Israel, by targeting areas populated by civilians. On 9
March 2012, eight Israeli civilians were injured, one of them seriously, as a result of
rockets fired at Israel.31 Five Israeli civilians were injured as a result of rocket firing on
Israel on 24 October 2012.32 On 12 November, four Israeli civilians were injured when a
Grad rocket hit a home in Netivot city. 33
40.
During the reporting period at least 237 rockets and mortar shells aimed at Israel fell
short and exploded in Gaza, causing Palestinian casualties. Of these, 138 occurred before
13 November34 and 99 fell short and exploded in the period from 14 to 19 November
2012.35 Two Palestinian civilians were killed and 12 were injured before 13 November
2012.36 A further three Palestinian civilians, including a woman and an 11-month-old
infant, were killed in Al-Zaitoun on 14 November. OHCHR received reports related to a
case involving the death of two additional civilians, including a child, and the injury of five
others, including three children, as a result of what seemed to be a rocket fired by
Palestinian armed groups that hit a house in Jabalya on 16 November 2012.
41.
Targeting civilian areas and using weapons that cannot be directed accurately at a
military objective, such as the home-made rockets and Grad rockets, are contrary to the
rules of international humanitarian law prohibiting the targeting of civilians and
indiscriminate attacks. OHCHR has received information that such rockets are often fired
from densely populated areas. It has been alleged by the Government of Israel that these
weapons are often stockpiled in structures that appear to be civilian in nature. Should this
be the case, this would also violate the rules of international humanitarian law requiring
parties to a conflict to protect the civilian population and objects under their control from
the effects of attacks, including by avoiding locating military objectives within or near
densely populated areas.37
2.
Right to life, including the death penalty
42.
The de facto authorities in Gaza continued to pass death sentences and carry out
executions in violation of the right to life. During the reporting period, six persons were
executed by the de facto authorities. Five were sentenced by civil courts and one by a
military court. All death sentences were executed without the approval of the president of
the Palestinian Authority, which is a requirement under the Palestinian Basic Law.
43.
The de facto authorities’ courts passed three new death sentences, two of which
were imposed on civilians by military courts for treason and murder. The trial of civilians
in military courts is prima facie inconsistent with international human rights standards, in
particular with regard to procedural guarantees pertaining to fair trial. In general, concerns
remained with regard to due process and fair trial guarantees.
31
32
33
34
35
36
37
12
Yaakov Lappin, “Escalation in South: 8 hurt, 1 seriously, by Gaza rockets”, Jerusalem Post, 9 March
2012, www.jpost.com/Defense/Article.aspx?id=261152.
UNDSS e-mails to OHCHR, 1 and 13 November 2012.
“Palestinians fire 20 rockets into South; 4 hurt”, Jerusalem Post, 12 November 2012,
www.jpost.com/Defense/Article.aspx?id=291432.
UNDSS e-mails to OHCHR, 1 and 13 November 2012.
IDF, “Watch: how terror groups endanger Gaza’s civilians”, 19 November 2012, www.idf.il/128317668-en/Dover.aspx.
UNDSS e-mails to OHCHR, 1 and 13 November 2012.
ICRC, Customary International Humanitarian Law, rules 22 and 23.
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