A/HRC/40/74
also members (the armed wings of these parties were not represented on the committee).
While the members of the committee held diverse political views, they stated that their
unifying element was the principle that the march was to be “fully peaceful from beginning
to the end” and demonstrators would be unarmed.
25.
The higher national committee established demonstration sites in open land along
the separation fence in all five Gaza governorates: northern Gaza Strip (Abu Safia); east of
Gaza City (Malaka); central Gaza Strip (El Bureij); east of Khan Younis (Khuzaa); and in
the south in Rafah (Al-Shawkah). Each site comprised a “camp of return” – a group of tents
positioned 700–1,000 m from the separation fence, named after villages from which
Palestinians were displaced in 1948.
26.
Demonstrations were held at these sites every Friday and occasionally other
weekdays between 30 March and 31 December 2018, and continued thereafter. Beginning
in August, weekly demonstrations were also organized at the Zikim beach in North Gaza.
D.
Conflict between Israel and Palestinian armed groups
27.
Over the past 10 years, Gaza and Israel have experienced successive violent
confrontations; these included three major escalations with massive land and air attacks by
Israeli security forces on Gaza and indiscriminate rocket attacks on Israel by Palestinian
organized armed groups. Nearly 1,400 Palestinians and 13 Israelis were killed during the
three weeks of hostilities in 2008 and 2009, during Operation Cast Lead; 174 Palestinians
and 6 Israelis were killed during one week of hostilities in 2012; and 2,251 Palestinians and
71 Israelis were killed during 51 days of hostilities in mid-2014, during Operation
Protective Edge.
28.
A ceasefire mediated by Egypt between Israel and Hamas was concluded in August
2014. Episodes of hostilities have since continued, and included Israeli airstrikes and
incursions into Gaza, and indiscriminate rocket or mortar fire by Palestinian armed groups
towards Israel. As these events occurred outside the time and place of the demonstration,
the commission did not investigate them.
E.
Israeli preparations and rules of engagement
29.
Israeli security forces stated that they perceived a new security threat in the
demonstrations as being closely linked with Palestinian armed groups and an attempt to
mask “terror activities”. This assessment was based partly on statements by Palestinian
public figures, including leaders of Hamas, speaking of return and of crossing the fence,
including in ambiguous or inflammatory terms.
30.
Prior to the first demonstration, Israeli forces reinforced their positions at the fence
with additional troops, including more than 100 sharpshooters. They dropped leaflets in
Gaza and contacted Palestinian bus companies to warn against participation. At the
demonstration sites, they strengthened the separation fence and its underground barrier (to
prevent and detect cross-border tunnels), installed kilometres of barbed wire coils on the
Gazan side as additional barriers, cleared vegetation on both sides, dug deep trenches on the
Israeli side and erected a battery of earth mounds or berms onto which snipers were
positioned for better visibility and shooting accuracy.
31.
The rules of engagement apparently permitted live fire at demonstrators as a last
resort in the event of imminent threat to life or limb of Israeli soldiers or civilians. They
permitted snipers to shoot at the legs of “main inciters” as a means to prevent a
demonstrating crowd from crossing the separation fence, because the Israeli forces viewed
crossing as a potential imminent threat, in part because the crowd might include militants.
The rules also permitted the use of lethal force against any demonstrators “directly
participating in hostilities”, such as an armed attack against Israeli forces.
5
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