A/HRC/43/21
the authorities in Gaza to prevent children from being exposed to violence at the fence. While
the Israeli security forces bear the primary responsibility for the killing and injury of
demonstrators, including children, a considerable number of demonstrators and witnesses
contacted by OHCHR during the reporting period noted that the Higher National Commission
for the Great March of Return continued to provide buses to shuttle demonstrators, including
children, from different places in the Gaza Strip to the five demarcated demonstration sites
along the eastern border. Witnesses reported that only on very rare occasions were children
prevented from boarding the buses, and then only when the children under the age of 9.
10.
On 18 March 2019, the independent international commission of inquiry on the
protests in the Occupied Palestinian Territory presented its report to the Human Rights
Council. 12 It found that, in the vast majority of the cases it had assessed, the use of live
ammunition by the Israeli security forces against demonstrators was unlawful and that
demonstrators had been shot in violation of their right to life. 13 The commission of inquiry
further determined that certain incidents could potentially amount to war crimes and crimes
against humanity.14 In its recommendations, it urged the Israeli authorities to refrain from
using lethal force against civilians posing no imminent threat to life, to ensure that the rules
of engagement did not authorize lethal force against “main inciters”15 and to prohibit targeting
persons based solely on their actual or alleged affiliation to any group, rather than their
conduct. 16 The commission of inquiry also recommended that the Government of Israel
conduct prompt, impartial and independent investigations into every protest-related killing
and injury, in accordance with international standards, while ensuring prompt, adequate and
effective remedies for those killed or injured unlawfully. 17
11.
In the West Bank, including East Jerusalem, possible excessive use of force by the
Israeli security forces – in some cases possibly amounting to arbitrary deprivation of life –
continued in the context of law enforcement operations. During the reporting period, 35
Palestinians were thus killed, including 6 children and 1 woman.
12.
OHCHR monitored several cases where the Israeli security forces used lethal force,
killing or injuring a Palestinian, in circumstances in which lethal force did not appear to be
strictly necessary in order to protect life or prevent a serious injury from an imminent threat.18
For example, on 14 December 2018, an 18-year-old man was shot with live ammunition to
his lower back from a distance of 50m while he was running away from Israeli soldiers who
were firing tear gas to disperse a group of youth outside Al-Jalazun refugee camp, north of
Ramallah. The Israeli security forces did not provide medical assistance to that person and
prevented a Palestinian ambulance from approaching by firing sound grenades. After 30
minutes, Palestinian paramedics were allowed to transport the man to Ramallah hospital,
where he was pronounced dead. An investigation was opened by the Israel Defense Forces
into the incident.19 On 4 March 2019, in the vicinity of Kafr Nimeh village, west of Ramallah,
the Israeli security forces shot and killed two Palestinians and injured a third during an
apparent car ramming attack in which two Israeli soldiers were injured. From video footage
of the incident, it is possible to hear the sound of ramming followed by a single shot and,
after a four-minute interval, three consecutive bursts of fire. Witness testimonies were
consistent with the video footage. The Israel Defense Forces spokesperson refused to
12
13
14
15
16
17
18
19
4
A/HRC/40/74.
Ibid., paras. 94 and 97.
Ibid., paras. 114–115.
The term refers to the category of “key instigators” used by the Israel Defense Forces in a number of
submissions and mentioned below in paragraph 34.
A/HRC/40/74, para. 119.
Ibid., para. 125 (a)–(b).
For further illustrative cases, including of possible excessive use of force against children, paramedics
and people with disabilities, see A/HRC/43/70.
www.haaretz.co.il/news/politics/1.6766320 (in Hebrew only).
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