{"id":4738,"date":"2018-09-03T12:00:46","date_gmt":"2018-09-03T03:00:46","guid":{"rendered":"http:\/\/hrn.or.jp\/eng\/?p=4738"},"modified":"2023-10-25T09:46:46","modified_gmt":"2023-10-25T00:46:46","slug":"hrc39-palestine-israel-written-statement","status":"publish","type":"post","link":"https:\/\/hrn.or.jp\/eng\/news\/2018\/09\/03\/hrc39-palestine-israel-written-statement\/","title":{"rendered":"Written Statement submitted to 39th<\/sup> Human Rights Council session<\/i> \u201cHuman Rights Now Expresses Grave Concern Over the\u00a0Recent Escalation of Violence Between Occupied Palestine\u00a0Territory and Israel\u201d"},"content":{"rendered":"
Human Rights Now has submitted a written statement \u201cHuman Rights Now Expresses Grave Concern Over the\u00a0Recent Escalation of Violence Between Occupied Palestine\u00a0Territory and Israel\u201d to the 39th<\/sup> session of Human Rights Council, which is going to be held in Geneva from 10 September 2018.<\/div>\n
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HRN written statement on Palestine and Israel for 39th HRC<\/a>\u00a0[PDF]<\/div>\n
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Human Rights Now Expresses Grave Concern Over the Recent Escalation of Violence Between Occupied Palestine Territory and Israel<\/strong><\/p>\n

Human Rights Now, a Tokyo-based human rights NGO, expresses grave concern over the recent escalation of violence between Gaza, Occupied Palestinian Territory, and Israel, including the continuing killings of Palestinian civilians by Israel Defense Forces (IDF) in Gaza as well as the firing of multiple rockets towards communities in southern Israel by Hamas.<\/p>\n

Israeli authorities must abide by their obligations under international human rights law and humanitarian law and should immediately end the excessive use of force against Palestinian protesters, hold authorities using excessive force accountable, offer redress to victims, and prevent future occurrences of excessive force.<\/p>\n

Gaza political authorities must also end hostilities towards Israeli civilians and facilitate the long-lasting ceasefire deal brokered by the United Nations and Egypt.<\/p>\n

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  1. More than 100 Palestinians killed along the Gaza-Israeli fence since March 2018, coinciding with the Great March of Return<\/strong><\/li>\n<\/ol>\n

    On 30 March 2018, the decision to relocate the US Embassy in Israel to Jerusalem and the long-term blockade of Gaza resulted in Palestinians mass protesting, demanding the right of Palestinian refugees and their descendants to return to their homes in what is now Israel. Demonstrators were met with grossly disproportionate force by the IDF, resulting in over 100 Palestinians killed and 1000s more injured.[1]<\/sup><\/a> On May 14, 10 of the 15 members of the\u00a0UN Security Council sent a\u00a0letter\u00a0to the UN Secretary-General expressing concern that the embassy move violates a 2016 Security Council resolution, and the US blocked the adoption of a UN Security Council statement calling for an \u201cindependent and transparent investigation\u201d into the violence.[<\/a><\/sup>2]<\/sup><\/a><\/p>\n

    As of August 2018, hostilities continue, with Hamas firing dozens of rockets and mortar bombs into southern Israel.[3]<\/a><\/sup><\/p>\n

    Israeli retaliatory airstrikes targeting Hamas locations in Gaza have caused numerous Palestinian civilian casualties, including a pregnant woman and her 18-month-old child on August 8.[4]<\/a><\/sup><\/p>\n

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    1. Disproportionate Use of Force by the IDF and Civilian Casualties during Israel Airstrikes<\/strong><\/li>\n<\/ol>\n

      Prior to protests beginning, \u201cIsraeli officials said soldiers would be permitted under certain rules to fire live ammunition at anyone attempting to damage the border fence,\u201d including \u201cagainst people coming within 300m (985ft) of it\u2014a figure that was reportedly later reduced to 100m.\u201d[5]<\/a><\/sup> An IDF spokesman stated that Israel failed to minimize casualties, hitting untargeted Palestinians by gunfire.[6]<\/a><\/sup><\/p>\n

      Retaliatory airstrikes by Israel targeted Hamas positions as well as Palestinian civilians in Gaza, including a cultural centre.[7]<\/a><\/sup>On Friday August 10, new clashes were reported along the Gaza fence where two Palestinians, including a medic, died and 307 were injured, according to the Ministry of Health.[8]<\/a><\/sup><\/p>\n

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      1. Violations and Inconsistencies with International Law and Principles <\/strong><\/li>\n<\/ol>\n

        The use or ordering of disproportionate lethal force by IDF soldiers against Palestinian demonstrators, if verified, would contravene Israel\u2019s ICCPR duties to respect their rights to life, peaceful assembly, association, and expression.[9]<\/a><\/sup> Responding to the violence, the High Commissioner for human rights stated that \u201cPalestinians’ right to life, their right to security of the person and rights to freedom of assembly and expression must be respected & protected.”[10]<\/a><\/sup><\/p>\n

        Furthermore, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials hold that preference should be given to \u201cnon-violent means\u201d when policing protests, and when lawful use of firearms is unavoidable, officials should \u201cact in proportion to the seriousness of the offence\u201d and \u201cminimize damage and injury.\u201d[11]<\/a><\/sup><\/p>\n

        IDF soldiers using firearms and lethal force in response to demonstrators approaching the border fence and using reportedly limited, non-lethal force (cutting the border fence, using sling\u2011shots to throw stones, and sending out burning tires and burning kites) is disproportionate and in contravention of these principles. In a statement on May 18, the High Commissioner for human rights stated that \u201c[k]illings resulting from the unlawful use of force by an occupying power may also constitute \u2018wilful killings\u2019\u201d inconsistent with article 147 of the fourth Geneva Convention.[12]<\/a><\/sup><\/p>\n

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        1. Calls for Accountability<\/strong><\/li>\n<\/ol>\n

          The Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory, Michael Lynk, condemned Israel\u2019s excessive use of force towards largely unarmed demonstrators and called for \u201ctrue accountability\u201d to those who ordered or allowed the excessive use of force.[13]<\/a><\/sup> To that end, the Human Rights Council voted on 18 May 2018 to dispatch an \u201cindependent, international commission of inquiry\u201d to investigate what it called \u201cmilitary assaults\u201d on Palestinian protesters.[14]<\/a><\/sup> The Prosecutor of the ICC further stated on 8 April 2018 that \u201c[v]iolence against civilians\u2014in a situation such as the one prevailing in Gaza\u2014could constitute crimes under the Rome Statute of the ICC, as could the use of civilian presence for the purpose of shielding military activities.\u201d[15]<\/a><\/sup><\/p>\n

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          1. Recommendations<\/strong><\/li>\n<\/ol>\n

            HRN expresses deep concern over the serious human rights violations against the Palestinian people and the excessively lethal response by Israeli authorities to the demonstrations along the Gaza-Israeli border, as well as the hostilities from Gaza political authorities towards south Israel civilian communities.<\/p>\n

            HRN calls on the Israeli government to: <\/strong><\/p>\n