A/HRC/40/39
fishing limit in waters off Gaza, at times reducing it to as little as 3 nautical miles, 15
reportedly in response to the Great March of Return demonstrations. 16
11.
In the West Bank, Israeli security forces punitively demolished five Palestinian
houses and sealed two rooms in two other houses, affecting 51 Palestinians. Closures were
frequently reported in Palestinian towns and villages, particularly following incidents
involving attacks or alleged attacks on Israelis. For example, Israeli security forces imposed
a closure on Hizma village between 17 and 29 January 2018, and put up posters in the
village implying that the measure was in the nature of collective punishment in response to
residents of the village throwing stones at Israeli settlers’ cars. The posters depicted the
roadblock and a damaged Israeli bus, with text to the effect of: When you inflict damage
like that, we respond like this.
12.
As at 31 October 2018, Israeli authorities continued to withhold the bodies of 31
Palestinians killed by Israeli security forces, including 4 children.17 On 14 December 2017,
the Israeli High Court of Justice ruled there was no legal basis for Israel to withhold the
bodies of Palestinian attackers, and ordered the State to release them within six months
unless legislation allowing the practice was enacted. On 18 December 2017, the Israeli
Cabinet decided that the bodies would not be returned. The High Court held an additional
hearing on 17 July 2018 on the matter, but a decision remained pending as at the end of the
reporting period. Withholding from their families the bodies of individuals killed in attacks
or alleged attacks amounts to a form of collective punishment. Collective punishment is
prohibited by international humanitarian law and also violates several human rights. 18
13.
The adoption of the nation-State law, in July 2018, which anchors inherent
discrimination against non-Jewish communities in Israel, raised further concern regarding
compliance with the law of occupation, insofar as it applies to East Jerusalem and, possibly,
to settlements in the rest of the West Bank. 19
2.
Civilian casualties in the context of hostilities
14.
In 2018, hostilities between Palestinian armed groups and Israel reached the highest
level since the 2014 conflict, with concern about the lack of respect for the principle of
distinction by all parties. Some 308 rockets and 577 mortar shells 20 were fired from Gaza
towards Israel, injuring 31 Israelis. 21 The rockets and mortars fired from Gaza are
indiscriminate in nature and therefore in violation of international humanitarian law.
Meanwhile, Israeli security forces launched dozens of attacks on Gaza, firing 725 missiles
and 207 shells at armed groups’ tunnels, military training sites and observation posts and, in
several incidents, at buildings in residential areas. This resulted in the deaths of 65
Palestinians, including 3 children and 1 pregnant woman.
15.
On 14 July 2018, Israeli security forces conducted air strikes targeting an empty
building under construction belonging to the Palestinian Ministry of Culture, in a populated
area of Gaza City. Two boys (aged 14 years) were killed and 23 Palestinians were injured.
Significant damage was caused to nearby buildings, including the premises of an NGO
providing services for children with cerebral palsy. The Israel Defense Forces asserted that
the building was being used as a military training site. On 9 August 2018, Israeli security
15
16
17
18
19
20
21
4
The fishing zone was reduced four times: on 12 December 2017, 9 and 17 July 2018 and 7 October
2018. On 31 October 2018, Israeli authorities reportedly decided to extend the southern sea border of
Gaza from 6 to 9 nautical miles and kept the northern sea border at 6 nautical miles.
“Liberman orders narrowing of Gaza fishing zone, citing border violence”, Times of Israel, 6 October
2018. Available at www.timesofisrael.com/liberman-orders-narrowing-of-gaza-fishing-zone-citingborder-violence/.
Jerusalem Legal Aid and Human Rights Center, communication sent to OHCHR.
Fourth Convention, art. 33, International Covenant on Civil and Political Rights, arts.12, 14 and 17,
and A/HRC/37/38, para. 12.
See also A/HRC/40/42, para. 13.
Information provided by the United Nations Department of Safety and Security.
Information provided by OCHA.
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