A/HRC/40/74
94.
With the exception of one incident in North Gaza on 14 May that may have
amounted to “direct participation in hostilities” and one incident in Central Gaza on 12
October that may have constituted an “imminent threat to life or serious injury” to the
Israeli security forces, the commission found reasonable grounds to believe that, in all other
cases, the use of live ammunition by Israeli security forces against demonstrators was
unlawful.
95.
Victims who were hundreds of metres away from the Israeli forces and visibly
engaged in civilian activities were shot, as shown by eyewitness accounts, video footage
and medical records. Journalists and medical personnel who were clearly marked as such
were shot, as were children, women and persons with disabilities.
96.
The Israeli security forces killed and maimed Palestinian demonstrators who did not
pose an imminent threat of death or serious injury to others when they were shot, nor were
they directly participating in hostilities. Less lethal alternatives remained available and
substantial defences were in place, rendering the use of lethal force neither necessary nor
proportionate, and therefore impermissible.
97.
The commission therefore found reasonable grounds to believe that demonstrators
were shot in violation of their right to life 10 or of the principle of distinction under
international humanitarian law.
98.
The commission found that at least 29 of those killed at the demonstration sites were
members of Palestinian organized armed groups. It is aware that the international legal
community holds divergent views on whether organized armed group members may be
targeted at any time, or only when directly participating in hostilities. In accordance with
the law enforcement paradigm as informed by international human rights law and in the
absence of arms and active hostilities, the commission concluded that, in this specific
context, targeting individuals purely on the basis of their membership of an armed group
and not on their conduct at the time was impermissible. The applicable tests remain whether
an individual, at the time targeted, was directly participating in hostilities or posed an
imminent threat to life. If not, targeting of such persons with lethal force was unlawful.
99.
The shooting by Israeli security forces of Palestinian demonstrators with highvelocity weaponry at close range resulted in killings and long-term, life-changing injuries,
including paralysis and amputations. Although this was well known as early as April 2018,
Israeli forces continued this practice throughout the period under review. Using such
weaponry at short range, and justifying it by the need for accuracy at long range, indicates a
disproportionate use of force.
100. The right to life includes the right to a life with dignity. As the occupying Power,
Israel has obligations under international law to ensure the health and welfare of the
Palestinian population. The commission found that the ongoing blockade of Gaza and its
impact on the health-care system in Gaza, and the ensuing deprivation of essential goods
and services necessary for a dignified life, including basic medical supplies, safe drinking
water, electricity and sanitation, constitute violations of the fundamental rights to life and
health, in particular of wounded demonstrators.
101. International human rights law protects demonstrations under the freedoms of
expression, of peaceful assembly and of association. While not all demonstrators were
peaceful, the commission found reasonable grounds to believe that the excessive use of
force by Israeli security forces violated the rights of the thousands who were.
102. The Convention on the Rights of the Child protects children’s rights to life, peaceful
assembly, expression and the highest attainable standard of health, among other rights. The
commission found reasonable grounds to believe that Israel violated those rights when its
forces used lethal force against children who did not pose an imminent threat of death or
serious injury to others at the time they were shot.
103. Customary and conventional international humanitarian law requires that medical
personnel be respected and protected. Similar protection is afforded to journalists and
10
International Covenant on Civil and Political Rights, art. 6.
19
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