31/73 Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967
Document Type: Final Report
Date: 2016 Jan
Session: 31st Regular Session (2016 Feb)
Agenda Item:
Human Rights Council Thirty-first session
Agenda item 7
Human rights situation in Palestine and other
occupied Arab territories
Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report of
the Special Rapporteur on the situation of human rights in the Palestinian territories
occupied since 1967, submitted pursuant to Commission on Human Rights resolution
1993/2 A and Human Rights Council resolution 5/1. In it, the Special Rapporteur on the
situation of human rights in the Palestinian territories occupied since 1967, Makarim
Wibisono examines the overall lack of effective protection of the rights of Palestinians
living under Israeli occupation since 1967 and addresses the non-cooperation of Israel with
the mandate. He reviews allegations of violations of human rights related to the surge in
violence in the Occupied Palestinian Territory in 2015. The report further illustrates
continuing concerns regarding the protection of human rights and respect for international
humanitarian law by reviewing selected recommendations related to the Occupied
Palestinian Territory of the second universal periodic review of Israel. It also draws on
communications addressed by the Special Rapporteur to the Government of Israel to
illustrate continuing concerns.
Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967
Contents
Page
I. Introduction ..................................................................................................................................... 3
II. Non-cooperation by Israel with the mandate .................................................................................... 4
III. Alleged human rights violations related to the rise in violence in 2015 ........................................... 6
IV. Selected universal periodic review recommendations to Israel
and broad continuing human rights concerns ................................................................................... 10
A. Settlements ............................................................................................................................... 10
B. Blockade .................................................................................................................................. 11
C. Prisoners and detainees ............................................................................................................ 12
D. Accountability.......................................................................................................................... 14
V. Cases of alleged violations raised with Israel through communications from special procedures ... 15
A. The West Bank, including East Jerusalem ............................................................................... 15
B. Gaza ......................................................................................................................................... 19
VI. Conclusions and recommendations .................................................................................................. 20
I. Introduction
1. The present report examines the need for effective protection of the rights of Palestinians living under Israeli occupation since 1967. Since assuming his mandate in June
2014, the Special Rapporteur has been struck by the abundant amounts of information and
reports on violations of international human rights law and international humanitarian law,
on the one hand, and the seeming inability of the international community to match what is
known of the situation with more effective protection of Palestinians in the Occupied
Palestinian Territory.
2. The Special Rapporteur emphasizes the importance of Palestinian, Israeli and
international civil society organizations, human rights defenders, United Nations actors and
other international bodies working tirelessly to improve the situation of human rights and
provide a protective presence for Palestinians against the effects of Israeli policies and
practices related to the occupation. However, year after year, violations of international
humanitarian law and of civil, political, economic, social and cultural rights continue to be
reported. Key recommendations to the Government of Israel presented by the Secretary-
General, the United Nations High Commissioner for Human Rights and independent
mandate holders, such as the Special Rapporteur, to the General Assembly and the Human
Rights Council remain largely unimplemented. In the present report, the Special Rapporteur
examines the outcome of the second universal periodic review of Israel and discusses key
recommendations made by States regarding areas of broad, ongoing concerns in the
Occupied Palestinian Territory, on the issues of settlements, the blockade, Palestinian
prisoners and detainees and accountability, and responses by the Government of Israel.
3. As an occupied people, under international humanitarian law, Palestinians in the
Occupied Palestinian Territory are “protected persons”. Yet there is a disconnect between
the rights and protections afforded to them under international humanitarian law, and
international human rights law in particular, and actual protection. Israel, as the occupying
Power, holds the primary responsibility for addressing this disconnect. The Special
Rapporteur wishes to illustrate some facets of the vulnerability of individual Palestinians
resulting from Israeli policies and practices. He will do so by reference to letters of
allegation and urgent appeals that he and other special procedure mandate holders
addressed to the Government of Israel in 2014 and 2015, raising alleged violations of
international humanitarian law and international human rights law in specific cases.
4. While the mandate of the Special Rapporteur is focused on investigation of
violations by Israel of the principles and bases of international law (see Commission on
Human Rights resolution 1993/2 A), the Special Rapporteur has previously noted the fact
that both Palestinians and Israelis have been victims of the protracted Israeli-Palestinian
conflict. The scale of the impact, however, whether in terms of casualty figures or wider
impacts, differs significantly in that the daily lives of Palestinians are affected by the Israeli
occupation. The destructive impact of the Israeli-Palestinian conflict is particularly clear in
times of active hostilities, such as in the summer of 2014 in Gaza, or as has been witnessed
particularly in the fourth quarter of 2015, especially in the West Bank, during escalations in
violence.
5. According to the Office for the Coordination of Humanitarian Affairs, in October
and November 2015 the escalation of violence resulted in the deaths of more than 100
Palestinians and some 11,300 injured, and 17 Israeli fatalities and some 170 injured.1 The Special Rapporteur wishes to reiterate two points, related to the current violence, which are
interlinked. The first is that any wanton act of individual violence, whether committed by
Palestinians or Israelis, is unacceptable and must be investigated and prosecuted in
accordance with international standards. The second is that the upsurge of violence with
serious concerns of excessive use of force by Israeli security forces in the context of attacks
and alleged attacks by Palestinians and during clashes, and ongoing settler violence, is
arising within a pre-existing context. Anyone seeking to quell the unrest would,
notwithstanding the unequivocal position that individual perpetrators of crimes must be
held responsible, need to look to the context and related root causes of the overall
heightened tension. To simply condemn individual attacks does not offer any viable way
out of the violence rolling over the Occupied Palestinian Territory.
6. It is part of the current context that there seems to be an atmosphere of despair,
particularly among the Palestinian youth, at the prolonged interference by Israeli authorities
in every aspect of Palestinian life, the general absence of accountability for violations and
abuses committed against them and the absence of any immediate prospects of an
improvement in the situation.
7. On 13 July 2014, in a letter addressed to the Secretary-General, the President of the
State of Palestine, Mahmoud Abbas, formally requested that “the territory of the State of
Palestine be placed under an international protection system by the United Nations”.
President Abbas highlighted the long-standing occupation and the prevention of the
exercise of the right of Palestinians to self-determination. In the letter, three overarching
objectives of the protection system for Palestine were detailed including ensuring respect
for human rights, fundamental freedoms and international law and international
humanitarian law and to providing protection for the Palestinian people and civilian
population from the ongoing occupation and acts of aggression by Israel (see S/2014/514,
annex).
8. On 21 July 2014, the Secretary-General transmitted the letter to the President of the
Security Council (S/2014/514). On 21 October 2015, the Secretary-General, referencing his
earlier letter, further transmitted a summary of historical precedents of international
protection regimes for areas of territories and their inhabitants (see S/2015/809, annex). The
Secretary-General requested the President of the Security Council to bring his letter dated
21 October 2015 and the accompanying annex to the attention of the members of the
Security Council.
9. The Special Rapporteur will not comment on the specifics of the request for
international protection, except to reiterate that long-standing Israeli policies and practices
in the Occupied Palestinian Territory, such as continued settlement expansion, the
construction of the wall, and the blockade of Gaza, are illegal under international law and
well-known to entail ongoing and serious violations of the human rights of Palestinians.
II. Non-cooperation by Israel with the mandate
10. The Special Rapporteur deeply regrets to report that he has been obstructed in his
ability to fulfil his mandate by the lack of cooperation of Israel. The Special Rapporteur
assumed the mandate as an impartial observer and has from the outset made great efforts to
engage in dialogue with the Government of Palestine and the Government of Israel. He has
1 Office for the Coordination of Humanitarian Affairs, “Casualties in the Occupied Palestinian
Territory and Israel, 1 October to 30 November 2015”, 14 December 2015.
repeatedly signaled that his only interest, as an independent expert, lies in the effective and
even-handed implementation of the mandate.
11. The Government of Palestine has extended full cooperation with the mandate holder.
The Special Rapporteur has met with several Palestinian officials, including during his two
missions to the region, graciously facilitated by the Governments of Jordan and Egypt, in
lieu of in situ missions, in September 2014 and June 2015.
12. In a letter dated 13 October 2015, the Special Rapporteur formally renewed his
request to the Government of Israel to grant him access to the Occupied Palestinian
Territory by the end of 2015. This followed similar letters dated 12 August 2014, 13
February 2015 and 13 May 2015. No formal response has been received from Israel to
these requests.
13. The Government of Israel has repeatedly sought to justify its non-cooperation by
referring to its reservations regarding the mandate. Consequently, despite assurances of
access made upon his appointment, and the duty of Israel, as a Member State, to extend
cooperation to a special procedure mandate holder, the Special Rapporteur has effectively
been denied access to the Occupied Palestinian Territory.
14. The Special Rapporteur has consistently sought to be an effective voice for the
victims of violations committed under the occupation, but regrets that the policy of Israel
has hampered him in fulfilling this role to the full. As noted in his report to the General
Assembly presented in October 2015 (A/70/392), without access, the Special Rapporteur
has had to reconsider how he can best serve the mandate (ibid., para. 7). Critically, for the
current incumbent, having access to the Occupied Palestinian Territory and meaningful
dialogue with both sides was the premise upon which he accepted the mandate.
15. All previous holders of this mandate since its establishment in 1993, but for the
Special Rapporteur’s immediate predecessor, have been permitted by Israel to access Israel
and the Occupied Palestinian Territory (see A/69/301 and Corr.1, sect. III).2 It has always
been the intent of the current Special Rapporteur to fulfil this mandate by gathering
information during missions to the Occupied Palestinian Territory and through face-to-face
meetings with victims and witnesses, civil society representatives, United Nations
representatives and Palestinian and Israeli government officials.
16. The Special Rapporteur expresses his appreciation for the broad support for his
access to the Occupied Palestinian Territory by Member States.3 He considers it of the
utmost importance that the international community, in particular the Human Rights
Council, redouble political pressure to insist that Israel return to the level of cooperation
extended when the mandate was first established and, at the very least, ceases to obstruct
the mandate holder’s access to the Occupied Palestinian Territory.
2 Access does not imply formal cooperation with the mandate.
3 See, e.g., statements made during the interactive dialogue following the presentation by the Special
Rapporteur of his report to the Third Committee, 34th meeting, seventieth session of the General
Assembly, 29 October 2015. Available from http://webtv.un.org/meetings-events/watch/third-
committee-34th-meeting-–-70th-general-assembly/4587399067001#full-text.
III. Alleged human rights violations related to the rise in violence in 20154
17. The Special Rapporteur has raised a number of concerns related to the rise in
violence in the Occupied Palestinian Territory, especially of excessive use of force by
Israeli security forces during clashes and in the context of attacks and alleged attacks by
Palestinians. The situation escalated in October, following heightened tensions, and
continued in November and December 2015.5 The upsurge in violence6 is a grim reminder
of the unsustainable human rights situation in the Occupied Palestinian Territory and the
volatile environment it engenders. On 22 October 2015, the Deputy Secretary-General in
his briefing to the Security Council, while stressing that there is no justification for murder,
stated that the current crisis would not have erupted “if Palestinians did not still live under a
stifling and humiliating occupation that has lasted almost half a century”.7
18. Against the backdrop of illegal settlements in the West Bank, including East
Jerusalem, the blockade of Gaza, and a general lack of accountability, including for
violations and crimes by Israeli security forces and settlers, tensions rose further in
September and October 2015 following restrictions imposed by Israeli authorities on
Palestinians’ access to the Al-Aqsa compound and what Palestinians viewed as attempts to
alter the status quo at the Al-Aqsa compound.
19. On 14 September 2015, in his opening address to the thirtieth session of the Human
Rights Council, the High Commissioner for Human Rights noted concerns of excessive use
of force in the context of a spike in killings of Palestinians over previous months in
incidents involving Israeli security forces in the West Bank. The Special Rapporteur
received submissions from two Hebron-based non-governmental organizations on the case
of an 18-year-old woman, Hadeel al-Hashlamoun, who was killed on 22 September 2015
by Israeli forces at a checkpoint in Hebron. There have been allegations that it constituted
an extrajudicial execution, amid questions of whether the woman possessed a knife as
claimed by Israeli forces.8 Even in the context of an alleged stabbing attack, there are
serious questions as to whether lethal use of force was warranted by the threat level
presented by one young woman with a knife confined to the area of a checkpoint controlled
by several armed Israeli soldiers.9 She was reportedly shot multiple times and it appears
there was no medical assistance attempted by the Israeli authorities.10 The investigation by
one Israeli non-governmental organization found that the allegation that she had attempted
to stab soldiers could not “be reconciled with the fact that there was a metal barrier between
her and the soldiers”. The organization further noted that she had been shot repeatedly,
4 Data available at the time of drafting primarily covered the months of October and November 2015.
At the time of finalizing the present report in December 2015, the situation was ongoing.
5 Press releases, “‘Extremely volatile situation across the Occupied Palestinian Territory’ – UN expert
expresses grave concern”, 16 October 2015, and “UN rights experts express deep concern about
ongoing bloodletting in the Occupied Palestinian Territory”, 16 November 2015, issued together with
the Special Rapporteur on extrajudicial, summary or arbitrary executions.
6 See also press release of the High Commissioner for Human Rights, “Zeid urges calm and restraint in
West Bank amid deadly escalation”, 8 October 2015.
7 See www.un.org/sg/dsg/statements/index.asp?nid=674.
8 Israel, Ministry of Foreign Affairs, “Palestinian woman attempts to stab soldier in Hebron”,
24 September 2015 (communicated by the Spokesperson’s Office of the Israel Defense Forces).
9 Peter Beaumont, “Dispute arises over circumstances of death of woman at Israeli checkpoint”
(including a filmed witness account and photo documentation), The Guardian, 23 September 2015.
10 Amnesty International, “Evidence indicates West Bank killing was extrajudicial execution”, 25
September 2015.
when she did not pose a threat, following initial shots to her legs, and called on the Israeli
military to publish its video documentation from the checkpoint’s security cameras.11
20. October and November 2015 also saw a wave of protests and violent clashes
between Palestinians and Israeli security forces. Excessive use of force by Israeli security
forces against Palestinians in the context of attacks and alleged attacks on Israelis,
including soldiers, and during clashes, has been widely reported. Whereas much of the
initial violence centred in East Jerusalem, Hebron, where Palestinians also live in close
proximity to a large settler population and with a large presence of Israeli security forces,
has become a hotspot. While most fatal incidents occurred in the West Bank, including East
Jerusalem, Palestinians in Gaza have also been killed in incidents involving Israeli security
forces. In reported incidents on 9 and 10 October 2015, 9 Palestinians were reported killed
and more than 230 injured, by Israeli security forces during protests in Gaza linked to the
situation in the West Bank.12
21. The high number of Palestinian casualties in individual incidents and during clashes
with Israeli security forces, since the violence escalated, is extremely worrying. The Office
for the Coordination of Humanitarian Affairs reported that, in October and November 2015,
of some 11,300 Palestinians injured, injuries were mainly caused by exposure to tear gas
(60 per cent), rubber bullets (23 per cent) and live ammunition (14 per cent).13 Of fatalities
in the same period, the Office for the Coordination of Humanitarian Affairs reported that 60
Palestinians, including children, were killed in the context of attacks and alleged attacks
against Israelis, and 17 Israelis were killed in such attacks. In addition, 39 Palestinians were
killed in the context of clashes with Israeli security forces. Three Palestinians were killed in
other types of incidents.14
22. On 14 October 2015, nine human rights organizations in Israel issued a joint press
release against statements made by politicians and senior police officers to the effect that
attackers should be killed, and noted “it seems that too often, instead of acting in a manner
consistent with the nature of each incident, police officers and soldiers are quick to shoot to
kill”.15 On 26 October 2015, in response to a letter from a human rights organization, the
Attorney General of Israel is reported to have clarified the circumstances in which Israeli
forces may use firearms: “the use of a firearm to prevent an immediate life-threatening
situation is permitted as long as there is concrete fear of such harm” and “to use a firearm
after the threat to bodily integrity or human life has elapsed would constitute a deviation
from the law”.16 He also, reportedly, noted that the use of fire must be proportional to the
threat.
11 B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories, “B’Tselem
investigation: No justification for multiple bullets that killed Hadil al-Hashlamun in Hebron”, press
release, 24 September 2015.
12 Office for the Coordination of Humanitarian Affairs, “Protection of Civilians report: 6-12 October
2015”, 15 October 2015, p. 1.
13 Office for the Coordination of Humanitarian Affairs, “Casualties in the Occupied Palestinian
Territory and Israel, 1 October to 30 November 2015”, 14 December 2015 (figures exclude casualties
within Israel except where Palestinians from the Occupied Palestinian Territory were involved in
incidents). Three per cent of injuries were caused by other types of weapons.
14 Ibid.
15 Association for Civil Rights in Israel, Amnesty International – Israel branch, B’Tselem, Gisha, Public
Committee Against Torture in Israel, HaMoked: Center for the Defense of the Individual, Yesh Din –
Volunteers for Human Rights, Adalah: Legal Center for Arab Minority Rights in Israel, Physicians
for Human Rights – Israel.
16 Times of Israel, “A-G: It’s illegal to fire on suspects who don’t pose threat”, 26 October 2015.
23. Among credible reports of alleged perpetrators shot dead by Israeli security forces
when not posing an immediate threat to the life of Israeli soldiers or others, is the case of a
72-year-old woman killed on 6 November 2015. Israeli forces reportedly alleged that she
intended to ram them with her car.17 However, reported footage of the incident shows that
soldiers continued firing after jumping out of the way of the car.18 On 14 October 2015, a
young Palestinian man from Hebron was shot dead by Israeli security forces in the context
of an alleged attempted stabbing attack at the Damascus Gate entrance to the old city in
East Jerusalem. A video of the incident showed the man running past police officers with
what appeared to be a knife in his hand before being shot.19 While the situation posed a
level of threat, it is troubling that it appears from the footage available that there was no
attempt by the Israeli security forces present to immobilize the suspect in order to
apprehend him.20 It has been claimed that a second video shows the man being shot again
while lying almost motionless on the ground.21
24. The Special Rapporteur is deeply concerned at measures employed against the
Palestinian population in the context of the escalation of violence. While Israeli authorities
need to respond appropriately and proportionally to the deteriorating security situation,
measures that are excessive violate international law and only add fuel to already inflamed
tensions. In mid-October the Israeli Ministry of Foreign Affairs reported the approval by
the Security Cabinet of a number of measures, authorizing Israeli security forces to “impose
a closure on, or to surround, centers of friction and incitement in Jerusalem”.22 The
measures also provided that where a punitive demolition has taken place no new
construction would be permitted, that the [suspected] perpetrators’ property would be
confiscated and their East Jerusalem residency rights revoked. 23
25. Punitive demolitions of the homes of perpetrators or alleged perpetrators of attacks
against Israelis are in contravention of international humanitarian law and international
human rights law. Israel, as the occupying Power is prohibited from destroying private
property in the Occupied Palestinian Territory.24 Such demolitions further constitute
collective punishment, contrary to article 33 of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, affecting not only the perpetrator or
suspected perpetrator, but also the family of the targeted person and often families in
adjacent homes impacted by the blast of the demolitions. Punitive demolitions violate a
number of human rights, including the right to housing. According to the Office for the
Coordination of Humanitarian Affairs, from mid-October to the end of November 2015, 11
homes were demolished or sealed in such punitive actions. This caused the displacement of
80 Palestinians, including 42 children. Twenty-six persons living in adjacent buildings were
17 Times of Israel, “Elderly Palestinian woman tries to run over soldiers near Hebron”, 6 November
2015.
18 Amnesty International, “Israel/OPT: Investigate apparent extrajudicial execution at Hebron hospital”,
press release, 12 November 2015, and B’Tselem, “Unjustified use of lethal force and execution of
Palestinians who stabbed or were suspected of attempted stabbings”, press release, 16 December
2015.
19 From interview with a police spokesperson, with footage of the shooting (MSNBC LIVE With José
Díaz-Balart, “Police: ʽNo doubt’ man posed imminent threat” 14 October 2015).
20 B’Tselem, “Footage raises grave concern that Fadi ‘Alun and Basel Sidr were shot while no longer
posing danger”, press release, 15 October 2015.
21 Al Jazeera, “Mapping the dead in latest Israeli-Palestinian violence” (accessed 9 December 2015).
22 Israel, Ministry of Foreign Affairs, “Security Cabinet approves anti-terror measures”, 13 October
2015.
23 Ibid.
24 This prohibition (art. 53 of the Geneva Convention relative to the Protection of Civilian Persons in
Time of War) applies unless an absolute necessity for military operations exists.
also temporarily displaced in connection with the demolitions.25 On 16 November 2015, the
Humanitarian Coordinator in the Occupied Palestinian Territory expressed distress at
reports of punitive demolitions targeting five family homes concluding that “punitive
demolitions are inherently unjust, punishing innocent people for the acts of others”.26
26. In East Jerusalem, extensive restrictions, affecting the right to freedom of
movement, in the form of roadblocks and checkpoints were imposed following approval by
the Israeli Security Cabinet in mid-October 2015. At the end of November, the Office for
the Coordination of Humanitarian Affairs reported that around 76,000 people in six
Palestinian neighbourhoods in East Jerusalem were still directly affected by additional
checkpoints, roadblocks and an earth mound.27 While such restrictions were gradually lifted
in East Jerusalem, they were increasingly imposed in Hebron where several main access
roads to the city were blocked by Israeli security forces and inspections and searches of
Palestinians at the many checkpoints intensified. It is troubling that some international
organizations providing a crucial protective presence are reported to have been denied
access to the areas of Hebron city most affected and that their staff have allegedly been
harassed by settlers and Israeli forces.28 In this context, the Special Rapporteur is also
seriously concerned at information received of Palestinian human rights defenders in
Hebron being harassed and threatened by Israeli security forces and settlers.
27. With respect to the right to education during the period of increased tensions and
clashes, the Special Rapporteur has received allegations of schoolchildren and teachers in
Hebron being harassed by Israeli forces and settlers on their way to and from school in
October 2015. Children attending school in the H2 area of Hebron, controlled by Israeli
security forces, appear to have been particularly adversely affected. According to the
organization Christian Peacemaker Teams, in the first 10 schooldays of October, more than
140 tear gas canisters were fired by Israeli forces from two military checkpoints in H2 as
Palestinian children walked to and from school.29
28. At the time of the finalization of this report in early December 2015, the situation of
heightened violence, within the context of the ongoing occupation, continued. The Special
Rapporteur stresses the need to ensure respect for the human rights of Palestinians.
Responding to the deteriorated security situation does not permit excessive measures or
measures of collective punishment to be carried out by Israeli authorities. The Special
Rapporteur reiterates that it is imperative that Israeli security forces abide by international
standards on use of force, in particular the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials. He renews the call on Israeli authorities to carry
out independent, effective, thorough, prompt and impartial investigations into all suspected
cases of extrajudicial, arbitrary and summary executions.
25 Office for the Coordination of Humanitarian Affairs, “Humanitarian Bulletin: occupied Palestinian
territory - November 2015”, p. 9.
26 Office for the Coordination of Humanitarian Affairs, “Humanitarian Coordinator calls for end to
punitive demolitions in the occupied West Bank”, Jerusalem, 16 November 2015.
27 Office for the Coordination of Humanitarian Affairs, “ Humanitarian Bulletin - November 2015”, p.
6.
28 Ibid., p. 1.
29 Christian Peacemaker Teams, “Al-Khalil (Hebron): Christian Peacemaker Palestine October
Newsletter”, 3 November 2015.
IV. Selected universal periodic review recommendations to Israel and broad continuing human rights concerns
29. In October 2013, Israel underwent its second universal periodic review (see
A/HRC/25/15). While over 200 recommendations were made, the Special Rapporteur will,
as is appropriate, limit his consideration to those regarding the situation in the Occupied
Palestinian Territory.
30. In March 2014, Israel submitted its responses to the recommendations in an
addendum (A/HRC/25/15/Add.1) containing the Government’s official responses to the
recommendations, and an annex in which Israel provided its responses to recommendations
that it considered beyond the scope of the universal periodic review owing to their focus on
international humanitarian law.30 In the annex, the Government of Israel questioned “the
relevance of examining matters which are governed by international humanitarian law in
the context of a human rights review”, stating that “the applicability of human rights
conventions to the West Bank and the Gaza Strip has been subject of considerable debate
over the past years”.31 The Special Rapporteur refers to the determination of the
International Court of Justice that international humanitarian law and human rights law
apply in the Occupied Palestinian Territory.32
31. The Special Rapporteur notes the stated support of Israel for the following broad
recommendations pertaining to its respect for international law: comply with its legal
obligations under international law alongside its obligations deriving from international
human rights treaties to which Israel is a party; abide by its international legal obligations,
including those under the Fourth Geneva Convention; and strengthen its cooperation with
international human rights mechanisms, in particular with the Human Rights Council (see
A/HRC/25/15, paras. 136.46, 136.47 and 136.37, and A/HRC/25/15/Add.1, para. 13).
Regrettably, however, the Government of Israel rejected many recommendations on
settlements, the blockade, Palestinian prisoners and detainees and accountability. These are
critical areas to address in order to improve the situation of ongoing violations under the
Israeli occupation of the West Bank, including East Jerusalem, and Gaza.
A. Settlements
32. Most of the human rights violations against Palestinians in the West Bank, including
East Jerusalem, are linked to the existence and expansion of settlements. Such violations
relate to home demolitions and the consequent displacement, discriminatory supply of
water and provision of access to land, movement restrictions, settler violence and the
discriminatory military court system which Israel applies to Palestinians. The Special
Rapporteur deeply regrets that Israel rejected the following recommendations related to
settlements: stop the transfer of its population to the occupied territory and put an end to all
measures that encourage or perpetuate the settlements; guarantee the right to housing of the
Palestinians in the occupied territories, including East Jerusalem, stopping the demolition of
30 For the purposes of this discussion the Special Rapporteur recognizes the unofficial status of
responses provided by Israel in the annex, but as they represent an expression by Israel on particular
areas, he will consider the support of Israel for recommendations as noted in both the addendum and
in the annex.
31 The annex is available from the website of the Office of the United Nations High Commissioner for
Human Rights, at www.ohchr.org/EN/HRBodies/UPR/Pages/ILSession15.aspx.
32 Legal Consequences of the construction of a wall in the Occupied Palestinian Territory, Advisory
Opinion, I.C.J. Reports 2004, p. 136.
Palestinian houses and guaranteeing the property rights of the Palestinian population; and
dismantle the separation wall and halt the expansion of illegal settlements (see
A/HRC/25/15, paras. 136.173, 136.229 and 136.151, and A/HRC/25/15/Add.1, para. 53).33
33. The Special Rapporteur notes the partial support to the following recommendation
on discrimination and access to natural resources: effectively protect the Palestinian
population in the occupied West Bank, including East Jerusalem, against any form of
discrimination which impairs the equitable access to basic services or natural resources,
including water and land, or else the equal enjoyment of fundamental rights and freedoms,
particularly the right to equal protection before the law (see A/HRC/25/15, para. 136.205).34
However, as previously reported, Palestinians continue to face entrenched discrimination in
access to land and water under the policies and practices of the Israeli occupation (see
A/70/392, section III.A).
34. In view of continuing settlement activities, and the absence of a commitment by
Israel to change its policy, the Special Rapporteur notes recent steps by some Member
States regarding labelling of settlement produce. On 11 November 2015, in a move
condemned by Israel,35 the European Commission adopted an interpretative notice on the
indication of origin of goods from the territories occupied by Israel since June 1967, in
order to ensure that European Union legislation applies to Israel within its internationally
recognized, i.e. pre-1967 borders.36 Information published by the European Union External
Action Service clarifies that that marking products, such as fruit and vegetables, from
Israeli settlements “made in Israel” would mislead consumers and therefore be inconsistent
with existing European Union legislation.
B. Blockade
35. In Gaza, the landscape and the people are scarred by multiple rounds of hostilities
with Israel and kept in a state of de-development by the long-standing blockade, which
constitutes collective punishment contrary to international humanitarian law (see A/70/392,
sect. II.B). It has the effect of isolating Gaza, including from the rest of the Occupied
Palestinian Territory, and affects a range of human rights, especially the right to freedom of
movement and the right to an adequate standard of living. There is a dire lack of potable
water and a severely limited electricity supply.37 The United Nations Conference on Trade
and Development has reported: “The over-abstraction and scarcity of drinking water have
been exacerbated by crumbling sanitation infrastructure, while the blockade creates chronic
shortages of electricity and fuel, which in turn aggravate contamination and the water
crisis” (see TD/B/62/3, para. 46).
36. Many of the families hit hardest in terms of damage and destruction of their homes
during the 2014 Israeli military operation, some 95,000 people, were still displaced as of
33 See the annex provided by Israel (footnote 31 above).
34 Ibid.
35 Israel, Ministry of Foreign Affairs “PM Netanyahu’s response to EU decision regarding product
labelling”, 11 November 2015.
36 European Union External Action, Fact Sheet, Interpretive Notice, 11 November 2015. Available at
http://eeas.europa.eu/delegations/israel/documents/news/20151111_indication_of_origin_fact_sheet_f
inal_en.pdf.
37 In the context of the blockade as a primary obstacle to the right to an adequate standard of living in
Gaza, the Special Rapporteur recognizes that the Palestinian political situation also impacts on the
ability of civil servants to provide basic services. See e.g. Office for the Coordination of
Humanitarian Affairs, “Humanitarian Bulletin - November 2015”.
November 2015.38 The Office for the Coordination of Humanitarian Affairs reported that in
October 2015 the reconstruction of 10 per cent of homes that had been totally destroyed in
2014 was under way (over 1,100), while 12 per cent of repairs to severely damaged homes
had been completed.39 In the same month, the United Nations Relief and Works Agency for
Palestine Refugees in the Near East reported that a refugee family in Gaza was the first to
complete the reconstruction of their totally destroyed home, through the Gaza
Reconstruction Mechanism.40 While progress remains limited more than a year after the 26
August 2015 ceasefire, the Special Rapporteur welcomes the assistance reaching families
affected by the destruction of and damage to homes. He joins again the many calls for
donors to realize their pledges made in Cairo in October 2014. The Special Rapporteur
recalls, however, that the need to facilitate the entry of building materials into Gaza has
been created as a result of the maintaining of the blockade by Israel. Long-term viability
requires that the economy of Gaza, and people’s livelihoods, be freed from the stranglehold
that the blockade’s restrictions on movement of goods and people presents.
37. The Special Rapporteur is dismayed that there appears to be no indication from
Israel that the blockade will be lifted. The Government of Israel rejected seven
recommendations expressly on lifting the blockade or closure of Gaza. In the interactive
dialogue of the universal periodic review, Israel sought to justify the continuation of the
blockade referring to “the volatile security situation” (see A/HRC/25/15, para. 125). The
people of Gaza have suffered greatly during three escalations of hostilities with Israel
between 2008 and 2014, during which time the blockade was continually imposed. Even
outside of active hostilities, the people of Gaza remain victims of violations of their human
rights resulting from the effects of the blockade. The Special Rapporteur recalls the joint
statement, issued by 30 international aid agencies six months after the ceasefire in Gaza,
warning that, “a return to hostilities is inevitable if progress is not made and the root causes
of conflict are not addressed” and stressing that Israel, as the occupying Power, must
comply with its obligations under international law and “must fully lift the blockade”.41
C. Prisoners and detainees
38. The Special Rapporteur has previously detailed his concerns regarding the treatment
of Palestinian prisoners and detainees, including children, under the Israeli military court
system (see A/HRC/28/78, sect. IV, and A/70/392, sect. IV). Figures reported by various
non-governmental organizations show a sharp rise in the number of Palestinians detained in
the month of October 2015, during the escalation of violence. According to figures
published by an Israeli non-governmental organization, the number of Palestinians in the
custody of the Israeli security forces reached some 5,680; a rise of more than 400 persons
held compared to September 2015.42
39. With respect to the situation of child suspects and detainees, the Special Rapporteur
is astounded at the openly discriminatory approach signalled by the rejection by Israel of
38 Office for the Coordination of Humanitarian Affairs, “Humanitarian Bulletin: occupied Palestinian
territory - October 2015”, p. 6.
39 Ibid., pp. 5-6.
40 “After 70 days, I held the new keys in my hands”, 21 October 2015. Available from
www.unrwa.org/newsroom/features/“after-70-days-i-held-new-keys-my-hands.
41 “We must not fail in Gaza”, joint statement by 30 international aid agencies issued on 26 February
2015.
42 B’Tselem, “Statistics on Palestinians in the custody of the Israeli security forces” (accessed on 2
December 2015). This figure does not include Palestinians held in Israel Prison Service facilities for
being in Israel illegally.
the following recommendation: take all steps necessary to ensure that Palestinian children
in military custody receive the same level of care and have the same rights as provided by
Israeli criminal law to youth offenders (see A/HRC/25/15, para. 136.114).43 A rise in
Palestinian minors held by Israel has also been recorded. Some 300 of those held by Israel
at the end of October 2015 were minors, up from some 170 in September 2015.44 In the
light of the conclusion by United Nations Children’s Fund (UNICEF) in February 2013 that
“ill-treatment of children who come in contact with the military detention system appears to
be widespread, systematic and institutionalized”,45 the rise in children in detention is
alarming. Statistics collected by a professional voluntary association indicate that practices
of night arrests, threats, physical and verbal abuse against children detained continue.46
40. In November 2015, there have been several severe legislative moves.47 On 2
November, the Ministry of Foreign Affairs of Israel reported that the Knesset had passed a
temporary law, to be reviewed in three years’ time, setting a minimum sentence of three
years’ imprisonment for those convicted of stone-throwing.48 On 25 November 2015 the
Knesset approved in a preliminary vote that children under the age of 14 can receive prison
sentences, upon being convicted of terrorism, to be implemented when they turn 14.49
41. Israeli authorities have recommenced the practice of administrative detention of
children for the first time since December 2011. The Special Rapporteur has received
information in three cases concerning East Jerusalem teenagers50 held under this practice
without charge or trial. Statistics indicate another child was also under administrative
detention in October 2015, although the Special Rapporteur has not received specific
information on the case.51
42. The Government of Israel supported the following recommendation: ensure that
administrative detention is carried out in accordance with international human rights
standards. According to figures published by an Israeli non-governmental organization, 429
Palestinians were held under administrative detention at the end of October 2015.52 The
43 See the annex provided by Israel (footnote 31 above).
44 B’Tselem, “Statistics on Palestinian minors in the custody of the Israeli security forces” (accessed on
2 December 2015).
45 UNICEF, Children in Israeli Military Detention: Observations and Recommendations (Jerusalem,
February 2013), executive summary.
46 Military Court Watch, “Comparative graph - Issues of concern”. Statistics based on testimonies
collected (accessed on 9 December 2015).
47 In addition to the previously reported amendment to the Penal Code adopted on 20 July 2015,
providing for up to 20 years’ imprisonment for those convicted of throwing stones or any other
objects , with intent to cause harm, at moving vehicles (see A/70/392, para. 71). The Knesset,
“Knesset approves harsher punishments for stone throwers”, press release, 21 July 2015.
48 The Knesset, “Knesset approves harsher punishment for rock-throwing”, 2 November 2015. It is
noted that the text mentions the maximum sentence to be 15 years, although up to 20 years
imprisonment was reported previously for throwing stones, with intent to cause harm, at moving vehicles (ibid.). The Ministry of Foreign Affairs website links the press release to the “Security
Cabinet statement on rock-throwing” dated 24 September 2015, concerning measures against rock-
throwing in Jerusalem.
49 The Knesset, “Approved in preliminary reading: Prison sentences for minors under 14 who were
convicted of terrorism”, 25 November 2015. The press release mentions keeping minors in
“children’s homes” until they can be sent to prison.
50 Defense for Children International – Palestine, “Three East Jerusalem teens held in administrative
detention”, 27 October 2015.
51 Military Court Watch, Newsletter, November 2015.
52 B’Tselem, “Statistics on Palestinians in the custody of the Israeli security forces” (accessed on 2
December 2015).
Special Rapporteur stresses that administrative detention is only exceptionally permissible
for the shortest possible periods of time. Hundreds of Palestinians being held, now
including children, often under secret evidence, and for up to six-month terms that can be
renewed indefinitely, is not consistent with international human rights standards. It is
fundamental that those suspected of wrongdoing be able to defend themselves and to
challenge the detention. The Government of Israel should promptly charge or release all
administrative detainees.
D. Accountability
43. The Special Rapporteur notes that Israel supported the following recommendation:
fight impunity by thorough and impartial investigations on all the allegations of human
rights violations, including when these allegations involve members of security forces or
settlers (see A/HRC/25/15, para. 136.66, and A/HRC/25/15/Add.1, para. 35). However,
concerns remain about a persistent and general lack of accountability for violations and
crimes against Palestinians (see A/70/392, sect. V).
44. The 31 July 2015 arson attack on a family home in the West Bank village of Duma
is an emblematic case illustrating the lack of accountability for the killings of Palestinians,
including in incidents which are strongly suspected to have been acts of settler violence
(see A/70/392, para. 47).53 On 2 December 2015, the United Nations Special Coordinator
for the Middle East Peace Process and Personal Representative of the Secretary-General to
the Palestine Liberation Organization and the Palestinian Authority expressed regret at the
slow progress in bringing the perpetrators in this case to justice.54 In another high-profile
case, the Special Rapporteur notes reports in Israeli media of the conviction in November
2015 of two suspects in the murder in July 2014 of 16-year-old Mohammad Khdeir. The
conviction of the third and main suspect is reportedly pending a psychiatric evaluation.55
45. According to the Office for the Coordination of Humanitarian Affairs, in 2015,
settler-related violence continued at a weekly average rate of two Palestinian casualties and
three incidents of damage to Palestinian-owned property. The Office highlighted a marked
increase in settler violence reported in and around Hebron in October and November 2015,
with 61 attacks causing injuries to Palestinians or property damage.56
46. Cases of Palestinian fatalities involving Israeli security forces and failures to
appropriately investigate and prosecute have also contributed to the sense of impunity for
crimes committed against Palestinians. According to information released in December
2015 by an Israeli non-governmental organization, even when the Israeli Military Police
Criminal Investigations Division has launched criminal investigations into alleged offences
by Israeli soldiers against Palestinians, indictment rates are low: reportedly, over the past
five years, only 3 per cent of criminal investigations resulted in indictments.57 Concerns of
53 See also High Commissioner for Human Rights, press release, “Zeid urges calm and restraint in West
Bank amid deadly escalation”, 8 October 2015.
54 Statement by the United Nations Special Coordinator for the Middle East Peace Process, Nickolay
Mladenov, on the Dawabsha family case, Jerusalem, 2 December 2015.
55 Nir Hasson, “Court finds two guilty in Abu Khdeir murder; conviction of main suspect suspended”,
Haaretz, 30 November 2015.
56 Office for the Coordination of Humanitarian Affairs, “Protection of civilians report: 24-30 November
2015”, 4 December 2015, and “Humanitarian Bulletin - November 2015”, p. 3.
57 Yesh-din, Data Sheet, “Law Enforcement on IDF Soldiers suspected of harming Palestinians: Figures
for 2014”, December 2015.
lack of accountability for alleged violations during the 2014 Israeli military operation in
Gaza (A/70/392, sect. V), will be further illustrated in section V B.
47. The Special Rapporteur reiterates that settlements, the blockade, Palestinian
prisoners and detainees and accountability are critical areas to address and urges Israel to
take concrete steps towards addressing related ongoing violations in the Occupied
Palestinian Territory.
V. Cases of alleged violations raised with Israel through communications from special procedures
48. Between June 2014 and the end November 2015, the Special Rapporteur transmitted
10 communications (joint letters of allegation or joint urgent appeals) to the Government of
Israel, raising allegations of violations of international human rights law and international
humanitarian law by Israeli authorities. Through communications, the Special Rapporteur
seeks to intervene in individual cases but also to raise broader concerns regarding the
legislation, policies and practices of the Government of Israel that give rise to human rights
violations in the Occupied Palestinian Territory.
49. In 2014, the Government of Israel responded substantively to one out of three
communications sent in the second half of the year. By the end of November 2015, out of
seven communications sent, the Government of Israel had responded to two.
50. Of the 10 communications, 2 concerned the threatened forced eviction of a
Palestinian family in East Jerusalem; 1 addressed the forced eviction and forcible transfer
of Bedouin communities in the West Bank; 2 related to allegations of violations against
Palestinian human rights defenders; 2 centred on allegations of excessive use of force by
Israeli security forces; 1 concerned legislative developments affecting the human rights of
Palestinians detainees and prisoners held by Israel; and 2 alleged violations of the principles
of international humanitarian law in Israeli strikes during the Israeli military operation in
Gaza in July and August 2014.
A. The West Bank, including East Jerusalem
51. The Special Rapporteur previously reported (A/70/392, paras. 61-68) on the pressure
brought to bear on Palestinians in occupied East Jerusalem to leave. This is related to
settlement activity and the apparent policy of the Government of Israel to establish a
demographic composition in Jerusalem whereby the Jewish population outstrips the
Palestinian population by a certain percentage. Combined with the declaration in Israeli law
in 1980 that all of Jerusalem is the capital of Israel,58 contrary to international law (Security
Council resolutions 476 (1980) and 478 (1980)), this provides the backdrop against which
the right of Palestinians to live in East Jerusalem is continually challenged.
52. On 20 November 2015, the Special Rapporteur and the Special Rapporteurs on
adequate housing as a component of the right to an adequate standard of living, and on the
right to non-discrimination in this context; on the independence of judges and lawyers; and
on the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health sent a follow-up urgent appeal to the Government of Israel against a forced
eviction of a Palestinian family in East Jerusalem (see A/HRC/31/79, case No. ISR
58 Basic law: Jerusalem, Capital of Israel (1980).
8/2015).59 In September 2014, an eviction order was issued against the Ghaith Sub-Laban
family from their home. According to information received, the main claim of the settler
organization which sought to evict the family was that they had lost their protected tenancy
status as a result of having abandoned the house. The case was decided against the family
by a magistrate who was herself a settler. Following a failed appeal, whether the family of
eight, including two children, will be able to remain in what has been their home since 1953
now depends on whether they will be granted the right to submit another appeal.
Meanwhile, their social services, including health care, have reportedly been discontinued.
This case is illustrative of the environment in which Palestinians in the occupied East
Jerusalem live with pressure from powerful settler organizations, and the absence of proper
legal protections for Palestinians. The Special Rapporteur regrets that no response to the
original or the follow-up communication had been received as of 7 December 2015.
53. Another communication dated 14 October 2014 sent to the Government of Israel by
the Special Rapporteur jointly with the Special Rapporteurs on adequate housing as a
component of the right to an adequate standard of living; cultural rights; the right to food;
and minority issues illustrates concerns related to moves by Israeli authorities to force
Palestinians out of strategically significant locations (case previously reported,
A/HRC/28/78, sect. V, and A/70/392, paras. 41-44). The communication, in which the
Special Rapporteurs urged the Government of Israel to halt the plans to forcibly transfer
Bedouin communities of thousands of people living in the Jordan Valley and East
Jerusalem periphery, has not received a response. Demolitions occurred in some
communities affected by the plans, most recently in September 2015 in the East Tayba
Bedouin community.60 Some of these communities are located in an area slated for the
expansion of Israeli settlements, including in the area known as “E-1”. In addition to
violations of a range of human rights that the plans entail, including the right to housing,
article 49 of the Fourth Geneva Convention prohibits the occupying Power from carrying
out the individual or mass forcible transfers of protected persons and also prohibits Israel
from transferring its civilians into occupied territory. It is feared that implementation of the
plan would further isolate East Jerusalem from the rest of the West Bank and undermine the
territorial contiguity of the Occupied Palestinian Territory.
54. Palestinian human rights defenders perform a critical role in documenting
allegations of violations and peacefully protesting against occupation policies and practices.
They are often vulnerable to acts aimed at obstructing their work, harassment, threats,
reprisals and retaliatory acts, and violations of their rights including under articles 9, 19 and
21 of the International Covenant on Civil and Political Rights, which guarantee rights to
liberty and security of the person, freedom of opinion and expression, and freedom of
peaceful assembly. Since the beginning of the escalation in violence in 2015, the Special
Rapporteur has received a higher than usual number of reports of harassment, threats and
obstruction of the work of human rights defenders.
55. In a joint communication with the Working Group on Arbitrary Detention and the
Special Rapporteurs on the situation of human rights defenders; on the independence of
judges and lawyers; on the promotion and protection of the right to freedom of opinion and
expression; and on the rights to freedom of peaceful assembly and of association, dated 27
January 2015 (case No. ISR 11/2014), the Special Rapporteur raised a case of alleged
arbitrary arrest and risk of imminent arbitrary detention of a human rights defender, and
59 A joint communication (case No. ISR 1/2015) with the Special Rapporteurs on adequate housing as a
component of the right to an adequate standard of living and on the independence of judges and
lawyers, was previously sent to the Government of Israel on this case A/70/392, para. 66.
60 Office for the Coordination of Humanitarian Affairs, “Humanitarian Bulletin - October 2015”, p. 14.
expressed concerns about the use by Israel of the military court system to try Palestinians.
The facts revolved around a peaceful protest in May 2012 in front of the Israeli “Ofer”
prison, in the occupied West Bank. Abdallah abu Rahma was arrested after having stood in
front of bulldozers in an attempt to prevent Israeli security forces from setting up
roadblocks. However, he was only charged months later, following his peaceful
involvement in the Bab al-Shams protest camp against planned settlements in the West
Bank in January 2013. In October 2014, he was convicted for “disturbing a soldier on
duty”. In its response of 10 March 2015,61 the Israeli authorities stated that the judicial
process leading to Mr. Abu Rahma’s conviction complied with human rights standards,
including the right to fair trial and due process guarantees. They did not address the
allegation that charges against him were only brought following his participation in another
peaceful process and did not indicate what measures had been taken to ensure that
Palestinian human rights defenders can operate in an enabling environment and carry out
their legitimate work without fear of prosecution and criminalization. In November 2015,
Amnesty International reported that in rejecting Mr. Abu Rahma’s appeal against his four
months’ suspended prison sentence and fine, the military judge allegedly stated “that the
appellant’s enthusiasm should be ‘cooled down’ in the coming years”.62
56. In a joint communication with the Special Rapporteur on the situation of human
rights defenders dated 22 October 2015, concerns were raised on measures taken against
Daoud al-Ghoul, a human rights defender, who worked for a Palestinian health and
development non-governmental organization in East Jerusalem (see A/HRC/31/79, case
No. ISR 7/2015). In November 2014, Israeli authorities allegedly banned him from
Jerusalem, with no reasons or charges initially presented. Soon after relocating to the West
Bank, he was also banned from there and had to move to Haifa, Israel. These sanctions
imposed by Israeli military order were reportedly based on secret evidence, rendering it
impossible to for him to defend himself, and were not subject to judicial review. Israeli
authorities later claimed that he participated in the political party Popular Front for the
Liberation of Palestine, which Israel has prohibited. Mr. Al-Ghoul was reportedly also
made subject to a foreign travel ban. He was arrested in June 2015 and charged with
“membership of an illegal association”. The indictment against him listed activities
including leading tours of Israeli settlements and participating in training courses. The
Special Rapporteur regrets that no response has been received to the communication from
the Government of Israel.
57. Excessive use of force by Israeli security forces is a continuing concern and is
heightened during periods of increased tensions. The Special Rapporteur has previously
reported (see A/HRC/28/78, para. 47) on the joint communication (case No. ISR 8/2014),
with the Special Rapporteurs on the promotion and protection of the right to freedom of
opinion and expression; on the rights to freedom of peaceful assembly and of association;
on the situation of human rights defenders; and on extrajudicial, summary or arbitrary
executions, and reflected the response of Israel of 12 November 2014.63 The
communication, dated 21 August 2014, concerned alleged excessive use of force in the case
of the killings of three peaceful demonstrators in the West Bank by live ammunition fired
by Israeli security forces.
58. In a joint communication with the Special Rapporteur on extrajudicial, summary or
arbitrary executions dated 22 October 2015, the Special Rapporteur raised concerns in the
61 See https://spdb.ohchr.org/hrdb/29th/Israel_10.03.15_(11.2014).pdf.
62 Amnesty International, Urgent Action, “Military Court Rejects Activist’s Appeal”, 19 November
2015.
63 See https://spdb.ohchr.org/hrdb/28th/Israel_12.11.14_(8.2014).pdf.
context of the 2015 upsurge of violence, including attacks by Palestinians, regarding the
many cases of injuries and killings of Palestinians involving Israeli security forces (see
A/HRC/31/79, case No. ISR 6/2015). Concerns included extensive use of live ammunition
and rubber-coated metal bullets against Palestinians demonstrating throughout the occupied
West Bank, including East Jerusalem, and killings of Palestinian suspects of attacks on
Israelis. In a joint press release of 16 November 2015, the Special Rapporteur, together with
the Special Rapporteur on extrajudicial, summary or arbitrary executions called for “an end
to the violence by all and strict compliance with international law” and urged “the
authorities to carry out independent, thorough, prompt and impartial investigations into all
suspected cases of extrajudicial, arbitrary and summary executions”.64 No response had
been received as at 7 December 2015 to the communication. However, the Permanent
Mission of Israel has issued a press release in response to that of the Special Rapporteurs, in
which it objected, among other points, to the reference to the violence taking place within
the context of long-standing Israeli occupation policies and practices.65
59. In a joint communication with the Special Rapporteurs on the right of everyone to
the enjoyment of the highest attainable standard of physical and mental health, and on
torture and other cruel, inhuman or degrading treatment or punishment dated 24 July 2015,
the Special Rapporteur urged the Government of Israel to refrain from amending the Prison
Act to allow the forced feeding of prisoners and detainees on hunger strike (see
A/HRC/31/79, case No. ISR 3/2015). The communication made clear that such treatment
would risk violating the absolute and non-derogable prohibition of torture and other ill-
treatment, as codified in articles 2 and 16 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment. Israel responded on 14 August
2015,66 stating that the law sought to balance the prisoner’s autonomy over his/her body and
right to protest with the responsibility of the State to safeguard their health care, and would
only be used in cases of hunger strikes “driven by particular political purposes”.
60. The amendment was resisted by the Israeli Medical Association, which noted that no
prisoner or detainee in Israel had ever died during a hunger strike. It considered forced
feeding equivalent to torture and concluded that it was “in conflict with accepted medical
ethics in Israel and around the world”.67 As previously reported (see A/70/392, para. 70),
the law was passed on 30 July 2015. However, in the high-profile case of the Palestinian
hunger-striker Mohammad Allan, who was protesting against his administrative detention,
it appeared that prison authorities experienced great difficulty in finding medical
professionals willing to perform the treatment envisaged by the law.68 The Special
Rapporteur applauds the principled resistance of Israeli physicians to administering the
forced treatment provided for in this law.
64 Press release, “UN rights experts express deep concern about ongoing bloodletting in the Occupied
Palestinian Territory”, 16 November 2015.
65 “Israel expresses shock and deep regret following UN Special Rapporteurs Press Release published
November 16, 2015”, press release, 17 November 2015.
66 It is noted that the response received in that case omitted to acknowledge the mandate on the situation
of human rights in the Palestinian territories occupied since 1967. See A/HRC/31/79. 67 Israeli Medical Association, “The Physician’s Guide to treating the detainee/prisoner on a hunger
strike”. Policy Paper, June 2014.
68 Addameer on Mohammad Allaan, updated 16 August 2015; Amnesty International, urgent action,
“Palestinian Lawyer Mohammed Allan Released”, 6 November 2015.
B. Gaza
61. Two communications sent by the Special Rapporteur concerned cases of alleged
violations of international humanitarian law during the Israeli military operation in Gaza in
July and August 2014. These communications were part of an attempt to raise with the
Government of Israel the long-standing general lack of accountability for Israeli violations
of international humanitarian law and international human rights law. The Special
Rapporteur regrets that Israel has not responded to these communications.
62. The first of these joint communications, with the Special Rapporteur on
extrajudicial, summary or arbitrary executions dated 20 August 2014 (case No. ISR
9/2014), raised four emblematic cases of alleged disproportionate or indiscriminate attacks
that caused a number of Palestinian civilian fatalities, including children (previously
reported, see A/HRC/28/78, para. 24). In an update of June 2015, the Israeli Military
Advocate General ordered a criminal investigation into one of these cases noting that “the
factual findings … indicated the existence of grounds for reasonable suspicion that the
attack was not carried out in accordance with the rules and procedures applicable” to the
Israel Defense Forces.69 This was the case of the 9 July 2014 airstrike on a beach resort in
Khan Younis which killed nine young men, including four teenagers, who had been
watching a football World Cup match. There was reportedly no indication that the location
had been used for military purposes. As of 7 December 2015, there was no further update
available.
63. The second joint communication, with the Special Rapporteur on the right of
everyone to the enjoyment of the highest attainable standard of physical and mental health
dated 11 June 2015, concerned alleged violations related to seven cases of attacks by the
Israel Defense Forces, during the 2014 hostilities, on medical facilities and medical staff,
leading to destructions of health care facilities, and civilian deaths and injuries (see
A/HRC/31/79, case No. ISR 2/2015). In addition, the Special Rapporteur raised allegations
of wilful delay and obstruction by the Israel Defense Forces of medical evacuations.
Concerns were raised of alleged failures by Israel Defense Forces to comply with principles
of international humanitarian law, including special protection afforded to hospitals and
medical workers, as well as violations of the right to health.70
64. The Special Rapporteur takes the opportunity to provide more information on one
such case, which he raised during his presentation to the Human Rights Council at its
twenty-eighth session and which was also mentioned in the report of the independent
commission of inquiry established pursuant to Human Rights Council resolution S-21/1
(see A/HRC/29/CRP.4, para. 332). The case concerns a 7-year-old boy who was attempting
to flee the area of Khuza’a in the morning of 24 July, when he was hit by shrapnel to the
stomach during Israeli shelling. The boy’s medical evacuation was reportedly delayed by
the Israel Defense Forces, with no reason given, for more than three hours from the time he
was injured, in order to achieve coordination for medical evacuation access and at
checkpoints. At one point, the dying boy reportedly had to be removed from the ambulance
at a checkpoint to allow the Israeli Defense Forces to inspect the ambulance with dogs. The
boy passed away before reaching hospital. The Special Rapporteur is not aware of any
investigation into this case.
69 All references to Israeli examinations and investigations with respect to the Israeli Military Operation
in Gaza in 2014 accessed via http://www.law.idf.il/163-7353-en/Patzar.aspx, “Decisions of the IDF
MAG Regarding Exceptional Incidents that Allegedly Occurred During Operation ʽProtective Edge’–
Updates”.
70 Fourth Geneva Convention, arts. 17-20, and the International Covenant on Economic, Social and
Cultural Rights, art. 12.
65. The communication also included alleged violations related to attacks by Israel
Defense Forces on hospitals, ambulances and medical workers. There were three cases of
attacks on hospitals: Al-Aqsa, Beit Hanoun, and Al-Wafa. With respect to the Al Wafa
hospital, which was attacked several times between 11 and 23 July 2014, when it was
destroyed, the case was examined by the Israeli Fact Finding Assessment Mechanism.
However, based on claims that it had been used for military purposes, no investigation
followed. Information received by the Special Rapporteur suggested only the possibility of
a launching site more than 200 metres from the hospital, but no other military activity in the
area of the hospital. The independent commission of inquiry established pursuant to Human
Rights Council resolution S-21/1 reported that all relevant witnesses it interviewed,
including medical staff, denied that it was used for military purposes prior to its evacuation
(see A/HRC/29/CRP.4, para. 477). In two of the three cases of attacks on ambulance and
medical workers, investigations appear to have been opened by the Military Advocate
General following examination by the Fact-fining Assessment Mechanism. The third case,
into which there seems to have been no investigation, concerned the killing of a three-
person ambulance crew when the ambulance allegedly came under attack by the Israel
Defense Forces while it was on its way to attend casualties at the site of a reported drone
strike. As of 7 December 2015, there were no further updates available on these cases.71
66. These cases illustrate a variety of effects of the policies and practices of the
occupation and the related conflict on individual Palestinian lives. The Special Rapporteur
reiterates the need for increased realization of the protections afforded Palestinians in the
Occupied Palestinian Territory under international human rights law and international
humanitarian law. Communications addressed to the Government of Israel after November
2015 are not included in the present report, but will be included in the communications
report of special procedures presented at the thirty-second session of the Council.
VI. Conclusions and recommendations
67. The Special Rapporteur recalls the well-documented violations related to the
Israeli occupation policies and practices in the Occupied Palestinian Territory and
sees a critical need for the international community to increase its protection of the
Palestinian population.
68. He appeals to the Government of Israel, as the occupying Power, to take
practical steps to implement protections under international law as it pertains to the
Palestinian population living under occupation. In particular, he urges Israel to
review, with a view to implementing, recommendations made to it to improve the
human rights situation in the Occupied Palestinian Territory, by the Secretary-
General, the High Commissioner for Human Rights and independent mandates in
reports presented to the General Assembly and the Human Rights Council.
69. The Special Rapporteur reiterates recommendations previously made (see
A/HRC/28/78 and A/70/392) and presents and re-emphasizes the following
recommendations to the Government of Israel:
(a) Lift the blockade on Gaza, which is a primary obstacle to reconstruction,
entails violations of human rights and constitutes collective punishment;
71 A response from Israel to the communication was received following the finalization of the present
report. It will be made available in the relevant communications report of Special Procedures.
(b) Halt settlement expansion and refrain from carrying out demolitions of
Palestinian property, forced evictions, and other acts causing the forced displacement
of Palestinians in the West Bank, including East Jerusalem;
(c) Ensure compliance with the Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials and conduct full investigations into cases of
excessive use of force by Israeli security forces and into allegations of settler violence;
(d) Ensure that domestic-level investigations provide accountability,
including by widening the scope of investigations to include policy-level decisions
guiding the Israel Defense Forces during the 2014 military operation in Gaza;
(e) End the practice of administrative detention and urgently charge or
release Palestinian prisoners and detainees, especially children;
(f) Urgently redouble efforts to implement recommendations by UNICEF
with respect to the detention of children, in particular, ensuring that children are
detained only as a last resort;
(g) Desist from excessive measures affecting Palestinian freedom of
movement and cease immediately the practice of punitive home demolitions;
(h) Cooperate with the mandate of the Special Rapporteur and any United
Nations-mandated body, as required of a State Member of the United Nations, and
facilitate access to the Occupied Palestinian Territory.