|
||
|
TWN
Info Service on UN Sustainable Development (Feb21/06) Geneva, 25 Feb (Kanaga Raja) – The period from 1 November 2019 to 31 October 2020 has been characterized by “a persistent pervasive failure to ensure accountability for allegations of excessive use of force by the Israeli security forces in the context of law enforcement operations in the Occupied Palestinian Territory (OPT).” This is one of the main conclusions highlighted by the United Nations High Commissioner for Human Rights in a report presented to the UN Human Rights Council on 24 February. The Human Rights Council is currently holding its 46th regular session, which is due to conclude on 23 March. According to the report (A/HRC/46/22) titled “Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem”, impunity also persisted in relation to allegations against all parties to the 2014 escalation and to previous and more recent rounds of hostilities in Gaza. In presenting her report to the Council on 24 February, Ms Michelle Bachelet, the High Commissioner for Human Rights, said that serious violations continued to occur during the reporting period. Between 1 November 2019 and 31 October 2020, 67 Palestinians, including 16 children, were killed by Israeli security forces, and 3,678 were injured. One Israeli soldier was killed by Palestinians during this period and 90 other Israelis were injured. While noting that the demonstrations at the Israel-Gaza fence were suspended, Ms Bachelet said that her Office has observed “a disturbing lack of progress regarding investigations into the widespread use of lethal force in 2018 and 2019, in the context of these protests.” Available information suggests that only 17 investigations have been initiated into the 231 reported incidents that resulted in killing of Palestinian demonstrators – and that there has been only one conviction, she stressed. She said that there has been no notable progress in the investigation and prosecution of suspected violations of international humanitarian law, including allegations of war crimes, perpetrated by all parties in the context of multiple outbreaks of hostilities in Gaza. “This is extremely concerning,” said the High Commissioner. Moreover, violations of international humanitarian law continued to be reported, including an attack carried out by Israeli Security Forces in November 2019, which killed nine Palestinians (including five children) in Deir El Balah, said Ms Bachelet. Palestinian armed groups in Gaza also continued to indiscriminately launch rockets, mortar shells and incendiary balloons towards Israel. “We also continue to observe persistent impunity afforded to members of the Israeli Security Forces for incidents of possible excessive use of force in the West Bank, including East Jerusalem,” said Ms Bachelet. In the rare cases where convictions have been secured, the charges and sentences have appeared extremely lenient given the gravity of the conduct, she noted. Similarly, there was no notable progress in investigations into allegations of ill-treatment and torture in Israeli detention facilities, said the High Commissioner. The recent closure of a criminal investigation into the alleged torture of Samer Al Arbeed in September 2019 is of deep concern, she added. Regarding the accountability of Palestinian authorities over the reporting period, Ms Bachelet noted the lack of progress by authorities in the West Bank, as well as the de facto authorities in Gaza, regarding incidents of possible excessive use of force, or allegations of torture and ill-treatment, by their security forces. Available information suggests there have been no charges brought against any persons involved in these violations, she said. Ms Bachelet urged far more efforts by the parties to the conflict, as well as the international community, to advance accountability for serious violations, and to provide redress to victims. In her report to the Human Rights Council, the High Commissioner called upon Israel to fully comply with its obligations under international human rights law and international humanitarian law in the Occupied Palestinian Territory. She urged Israel to conduct prompt, independent, impartial, thorough, effective and transparent investigations into all alleged violations and abuses of international human rights law and international humanitarian law, in particular into allegations of international crimes. The High Commissioner also called upon Israel to ensure that all victims and their families have access to effective remedies, reparation and truth. The High Commissioner urged the State of Palestine to conduct prompt, independent, impartial, thorough, effective and transparent investigations into all alleged violations and abuses of international human rights law and international humanitarian law, in particular into allegations of international crimes, and called upon the State of Palestine to ensure that all victims and their families have access to effective remedies, reparation and truth. Ms Bachelet recommended that all parties ensure full respect for international law, including international humanitarian law, in particular the principles of distinction, proportionality and precaution, and that they ensure accountability for grave violations. The High Commissioner called upon all States to take all necessary measures to effectively ensure respect for the Geneva Conventions by all parties to the conflict, taking into account the means reasonably available to them and their level of influence on the parties, and, in particular, reminded States with close ties to the parties that they must exert their influence to ensure respect for the law. In her report, which covers the period between 1 November 2019 and 31 October 2020, the High Commissioner addressed issues related to accountability for alleged violations of international human rights law and international humanitarian law committed by all relevant duty bearers in the West Bank, including East Jerusalem, and Gaza. According to the report, the human rights situation in the Occupied Palestinian Territory remained dire during the reporting period. Israeli security forces killed 67 Palestinians (64 males and 3 females), including at least 47 civilians of whom 16 were children. In addition, 3,678 Palestinians were injured by Israeli security forces. One Israeli soldier was killed and 90 other Israelis were injured by Palestinians. “Many incidents monitored by the Office of the United Nations High Commissioner for Human Rights (OHCHR) outside the context of hostilities raised serious concerns of excessive use of force by Israeli security forces, in some cases such use may amount to arbitrary deprivation of life, including extrajudicial execution.” Continuing lack of respect for international humanitarian law by all parties to the conflict, including in the context of hostilities, remained of concern, said the report. LACK OF ACCOUNTABILITY More than six years after the 2014 escalation of hostilities in Gaza, serious concerns persist over the lack of accountability for suspected violations of international humanitarian law, including allegations of war crimes, perpetrated by all parties to the conflict, said the High Commissioner. Since the publication of the report of the independent commission of inquiry established pursuant to Human Rights Council resolution S-21/1, the Secretary-General and the High Commissioner have provided regular updates on the lack of progress regarding the implementation of the recommendations contained in the commission’s report and highlighted concerns about the lack of accountability by both Israeli and Palestinian authorities, said the report. With respect to Israel, the most recent update by the Military Advocate General of Israel was provided on 15 August 2018. No further updates have been published since and no notable progress in the investigation and prosecution of alleged violations in the context of the 2014 round of hostilities was made public during the reporting period. During the reporting period, the Al Mezan Center for Human Rights, which represented some of the victims, was informed by Israeli authorities that 13 cases related to the killing of Palestinian civilians during the 2014 hostilities had been closed, said the report by the High Commissioner. Similarly, lack of progress and transparency persists in relation to accountability efforts linked to previous major rounds of hostilities in 2008 and 2009 (with no public information made available since July 2010) and in 2012 (with no public updates provided since April 2013). “The absence of any significant progress in the investigation of and prosecution for alleged violations confirms the serious concerns repeatedly expressed by the Secretary-General and the High Commissioner regarding the consistent failure of the Military Advocate General to open criminal investigations into cases of alleged violations of international humanitarian law, including possible war crimes, committed by Israeli security forces in the context of hostilities,” said the report. As previously and repeatedly underlined by the Secretary-General and the High Commissioner, no information was made available on steps taken to ensure accountability for possible violations of international humanitarian law, including possible war crimes, committed by the Palestinian authorities and armed groups in the context of the different rounds of hostilities, the report added. “Such lack of accountability remains of grave concern,” said the High Commissioner. During the reporting period, concerns persisted regarding the continuous indiscriminate launching of rockets and mortar shells towards Israel by Palestinian armed groups in Gaza, some of which resulted in the injury of Israeli civilians and damage to civilian buildings. Incendiary balloons were also launched towards Israel from Gaza, with some reportedly damaging lands and crops in Israel. Impunity remained pervasive for incidents of possible excessive use of force by Israeli security forces outside the context of hostilities, confirming the alarming trend repeatedly highlighted by the Secretary-General and the High Commissioner in the past, the report emphasized. Between 1 January 2017 and 31 October 2020, 354 Palestinians (including 74 children) were killed by Israeli security forces in the Occupied Palestinian Territory in law enforcement operations. OHCHR is aware of 46 investigations opened in relation to incidents that occurred in this context, of which at least 10 were closed without further action being taken and 4 resulted in indictments, 3 of which led to convictions, said the High Commissioner. In Gaza, the number of Palestinian fatalities and injuries in the context of the Great March of Return sharply decreased compared with the previous reporting period, due to the suspension of the weekly demonstrations in December 2019. “However, the continuing lack of notable progress in the investigations related to the widespread use of lethal force by Israeli security forces against Palestinian demonstrators between 30 March 2018 and December 2019 remained striking.” According to the High Commissioner, in September 2020, human rights organization Yesh Din published a report highlighting that, since the beginning of the Great March of Return, of the 231 incidents that had resulted in the killing of Palestinian demonstrators referred to the General Staff Mechanism for Fact-Finding Assessments of the Israel Defense Forces, only 17 investigations had been opened by Israeli military authorities, resulting in one conviction. Along the Gaza coast, the Israeli Navy continued to enforce unilaterally imposed access restrictions, using live ammunition, rubber-coated bullets and water cannons on Gaza fishers while conducting arrest and seizure operations, often reportedly within the authorized fishing zones, said the High Commissioner. During the reporting period, Al Mezan Center for Human Rights recorded a total of 294 shooting incidents at sea, resulting in the injury of 11 fishers. In many of the cases monitored by OHCHR, fishers appear to have been subjected to force that may have been unnecessary or excessive, and many of them alleged degrading treatment during seizure and arrest operations. For example, on 14 August 2020, Israeli security forces shot and injured a 22-year-old fisher in his right leg within the Israeli-authorized fishing zone at around 3 nautical miles from the northern Gaza coast. According to information collected by OHCHR, the victim, who sustained heavy bleeding requiring hospitalization, was attempting to communicate to Israeli security forces his right to fish within the authorized fishing zone and did not appear to pose an imminent threat to Israeli security forces at the moment that he was shot. The High Commissioner said that OHCHR is not aware of any investigations being opened by Israeli authorities in relation to any of these incidents. The ongoing lack of accountability for the killing and injury of Palestinians is also evident in relation to Israeli law enforcement operations in the West Bank, including East Jerusalem, she added. No notable progress has been reported in relation to investigations into allegations of ill-treatment, possibly amounting to torture, in Israeli detention facilities, including serious public allegations following the widespread arrests after the Ein Bubin attack of 23 August 2019. In its response to a freedom of information request submitted by the Public Committee against Torture in Israel, dated 5 July 2020, the Ministry of Justice reported that, in 2019, 36 cases related to complaints of alleged ill- treatment and torture had been opened by the Inspector for Complaints against the Israel Security Agency, and 71 other cases had been transferred to the State Prosecutor’s Office. “OHCHR is not aware of any further steps having been taken as a result of these proceedings,” said Ms Bachelet. During the reporting period, there was little progress in relation to actions carried out by the Palestinian authorities in the West Bank and Gaza to investigate and prosecute the perpetrators of violations linked to incidents of possible excessive use of force or allegations of torture and ill-treatment by Palestinian security forces, she added. In its submission of 9 November 2020, the State of Palestine reported that it had intensified efforts to adopt legislation on the mandate and working methods of the national preventive mechanism to independently investigate allegations of torture and ill-treatment, as required by the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. “However, OHCHR notes with concern that, despite the obligation contained in the Optional Protocol, to which the State of Palestine acceded in 2017, the establishment and operationalization of the national preventive mechanism remained pending at the end of the reporting period.” In its resolution 43/3, the Human Rights Council requested the High Commissioner to report on how all parties could fulfil their obligations in implementing the recommendations reviewed by the High Commissioner in 2017 (A/HRC/35/19), pertaining to accountability in the Occupied Palestinian Territory, said the High Commissioner. In that report, the High Commissioner reviewed more than 900 recommendations addressed to all parties since 2009, which had been formulated to improve the human rights situation in the Occupied Palestinian Territory. They essentially pertain to violations of international humanitarian law and international human rights law, mainly by Israel but also by Palestinian duty bearers and parties. The recommendations were sub-divided into seven areas, namely, accountability and access to justice; international engagement; arrest and detention; settlements; freedom of movement; other civil and political rights; and economic, social and cultural rights. In the 2017 report, the High Commissioner showed that the vast majority of the recommendations had not been implemented, and concluded with follow-up measures addressed to Israel, the State of Palestine and the international community. Given that the human rights situation in the Occupied Palestinian Territory has not improved materially since the publication of the 2017 report, these recommendations remain valid, said the High Commissioner. In this context, Ms Bachelet reiterated the proposal to both Israel and the State of Palestine to make full use of OHCHR technical assistance, including for the development of national mechanisms to monitor recommendations.
|
||
