A/HRC/12/37 page 15 establishment of a joint national referral committee.57 The right to health of children, set out in article 24 of CRC, is of particular concern in Gaza. United Nations agencies, Ministry of Health officials and health NGOs report that rising poverty, unemployment and food insecurity, compounded by the conflict, have increased the threat of child malnutrition.58 In January, UNICEF said that 10.3 per cent of Gazan children under 5 were stunted. 37. During Operation Cast Lead, affected individuals and NGOs filed two petitions with the Supreme Court of Israel.59 The petitions sought orders for (a) IDF to be restrained from causing delays in evacuating the wounded in Gaza to hospitals (including through halting IDF attacks on ambulances and medical personnel); and (b) the blockage in the supply of electricity due to combat operations to be lifted to allow hospitals, clinics, the water system and the sewage system to function properly. The Court denied both petitions. In doing so it accepted explanations provided by IDF of the sufficiency of mechanisms it had recently established to facilitate transfers of wounded to Israel and efforts to repair electricity infrastructure and the provision of diesel oil. The Court concluded that: [i]n view of the establishment and enhancement of the humanitarian mechanisms, which it may be assumed will prove their effectiveness, in view of the statement made to us that a serious effort will be made to improve the evacuation and treatment of the wounded, in view of the setting up of a clinic in the vicinity of the Erez crossing (and to the extent that the Palestinian side will also agree to the transfer of the wounded to Israel for treatment), it is to be hoped that the humanitarian mechanisms will operate properly in accordance with the obligations of the State of Israel. In these circumstances, we see no further reason to grant relief in the form of an order nisi at this time.60 B. Extrajudicial executions 38. Reports indicate that the security forces of Hamas have conducted a large number of extrajudicial executions, beatings, torture and ill-treatment against alleged collaborators with Israeli forces, former PA security personnel and Fatah supporters, during and after the Israeli operation in Gaza. Most of the victims were reportedly abducted from their homes and later found dead or injured in isolated areas, or were found dead in the morgue of Gaza’s hospitals.61 At least 32 Palestinians have allegedly been extrajudicially executed by the security forces of 57 Joint OCHA and WHO statement, “Concern over halting of Gaza medical patients referrals”, 30 March 2009. 58 WHO Health Action in Crises (HAC) Highlights for the week 20 to 26 April 2009. 59 Physicians for Human Rights and others v. Prime Minister of Israel and others, HCJ 201/09 and Gisha: Legal Centre for Freedom of Movement and others v. Minister of Defence, HCJ 248/09. 60 Ibid., para. 23. 61 Amnesty International. press release. 12 February 2009.

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