A/HRC/28/44
Humanitarian Affairs estimated that 315,000 people in 110 communities were at high or
moderate risk of settler violence.69 They included Palestinian villages close to Yitzhar and
Bracha settlements in the Nablus area where, for example, 1,974 olive trees were reportedly
damaged between January 2013 and the end of September 2014.70
D.
Accountability
50.
Where there is a willingness on the part of the Israeli authorities to enforce the law,
they are able to do so effectively. For example, as previously reported, following an attack
by Israeli settlers on an Israel Defense Forces post on 8 April 2014 sparked by the
demolition of some structures in Yitzhar settlement, the Government of Israel adopted a
position of “zero tolerance” and five arrests were reportedly made (A/69/348, para. 41).
The stationing of a border police company in Yitzhar appears to have led to a decrease in
settler violence incidents in the surrounding Palestinian villages since May 2014.71
Furthermore, there have been some cases of arrest of Israelis for committing “price tag”
attacks,72 an anti-nationalistic crimes unit has been created within the “Judea and Samaria”
(West Bank) police, and perpetrators are now reportedly classified as belonging to “illegal
associations”.73 The number of cases that actually lead to any kind of accountability is,
however, negligible.74
51.
Overall, settlers committing violent acts against Palestinians are rarely prosecuted,
providing little deterrence against similar attacks. An examination of complaints of settler
violence since 2005 has revealed a lack of accountability in the vast majority of cases.
Indictments were served in only 72 of the 970 processed cases monitored between 2005 and
2014. A total of 887 files (or 91.4 per cent) of complaints were closed without an
indictment being served, of which 593 because the “offender was unknown”, 195 because
of “insufficient evidence” and 76 due to the “absence of criminal culpability”. 75 This
reinforces a sense and culture of impunity for perpetrators, and exacerbates Palestinians’
sense of insecurity and lack of confidence in the Israeli judicial system.
E.
Attacks on Israelis, and differentiated standards of due process
52.
According to information provided by OHCHR, between 1 November 2013 and 27
October 2014, six Israelis (including two children) were killed, and 62 were wounded in
attacks committed by Palestinians - a worrying increase when compared with previous
years (see A/HRC/25/38, para. 39). The means deployed to investigate such incidents
appear to be greater than those for attacks against Palestinians. When the victims are Israeli,
large-scale arrest and detention campaigns are typically carried out by the Israel Defense
Forces throughout the West Bank, and by the Israeli police and border police in East
Jerusalem, in order to apprehend the suspects (A/66/364, para. 31). By contrast,
69
70
71
72
73
74
75
31 per cent in the North, 34 per cent in the Centre and 35 per cent in the South of the West Bank; see
Office for the Coordination of Humanitarian Affairs, Monthly Humanitarian Monitor, August 2012.
OHCHR and the Protection Cluster, “Update on settler violence” (see footnote 35), p. 6.
Ibid., p. 5.
See “Seven Jewish teens arrested for ‘price tag’ attacks near Jerusalem”, ynetnews.com, 5 May 2015,
and Ben Hartman, “Husband and wife from Yitzhar arrested for Umm al-Fahm Price Tag attack”,
Jerusalem Post, 1 May 2014.
See Tovah Lazaroff, “US: Price tag attacks against Palestinians ‘largely un-prosecuted’”, Jerusalem
Post, 30 April 2014.
See Daniel Estrin and Josef Federman, “In West Bank, teen offenders face different fates”, AP, 20
April 2014.
Yesh Din, “Law Enforcement on Israeli Civilians in the West Bank”, November 2014.
15
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