Human Rights Council 21st Special Session: Human Rights Situation in the
Occupied Palestinian Territory, including East Jerusalem
23 July 2014
http://www.ohchr.org/EN/NewsEvents/Pages/media.aspx?IsMediaPage=true
Mr. President,
Distinguished Members of the Human Rights Council,
Excellencies,
The situation in the occupied Gaza Strip is critical for the civilians
living there and requires your urgent attention. Since Israel announced its
military operation “Protective Edge” on 7 July, Gaza has been subjected to
daily intensive bombardment from the air, land and sea, employing well over
2,100 air strikes alone. The hostilities have resulted in the deaths of more
than 600 Palestinians, including at least 147 children and 74 women.
This is the third serious escalation of hostilities in my six years as High
Commissioner. As we saw during the two previous crises in 2009 and 2012, it
is innocent civilians in the Gaza Strip, including children, women, the
elderly and persons with disabilities, who are suffering the most.
According to preliminary UN figures, around 74 percent of those killed so
far were civilians, and thousands more have been injured. Those numbers have
climbed dramatically since Israel’s ground operations began on 17 July.
Hundreds of homes and other civilian buildings, such as schools, have been
destroyed or severely damaged in Gaza, and more than 140,000 Palestinians
have been displaced as a result.
Two Israeli civilians have also lost their lives and between 17 and 32
others have been reported injured as a result of rockets and other
projectiles fired from Gaza, and 27 Israeli soldiers have been killed during
military operations in Gaza.
As we speak, the indiscriminate firing by Hamas and other armed groups of
more than 2,900 rockets, as well as mortars, from Gaza continues to endanger
the lives of civilians in Israel. I have repeatedly condemned such
indiscriminate attacks in the past. I do so again today.
I further emphasise that it is unacceptable to locate military assets in
densely populated areas or to launch attacks from such areas. However,
international law is clear: the actions of one party do not absolve the
other party of the need to respect its obligations under international law.
Mr. President,
Civilian homes are not legitimate targets unless they are being used for, or
contribute to, military purposes at the time in question. In case of doubt,
civilian homes are presumed not to be legitimate targets. Even where a home
is identified as being used for military purposes, any attack must be
proportionate, offer a definite military advantage in the prevailing
circumstances at the time, and precautions must be taken.
I unequivocally reiterate to all actors in this conflict that civilians must
not be targeted. It is imperative that Israel, Hamas and all Palestinian
armed groups strictly abide by applicable norms of international
humanitarian law and international human rights law. This entails applying
the principles of distinction between civilians and combatants and between
civilian objects and military objectives; proportionality; and precautions
in attack. Respect for the right to life of civilians, including children,
should be a foremost consideration. Not abiding by these principles may
amount to war crimes and crimes against humanity.
Mr. President,
Israel has stated that it has alerted Gazans before conducting strikes,
including by using telephones, text messages and so-called warning “roof
knocks,” using relatively light munitions. Even if Israel has attempted to
warn civilians to, for example, leave their homes or conducted an evacuation
before an attack, this does not release Israel from its obligations under
international humanitarian law. Any warning for civilians must meet with the
requirements of international law, including that this warning be clear,
credible and allows sufficient time for people to react to it.
A number of incidents, along with the high number of civilian deaths, belies
the claim that all necessary precautions are being taken to protect civilian
lives. Roof-knocking itself is costing lives, with one projectile –
apparently delivered from a drone – reported to have pierced a 20-centimetre
concrete roof, killing three children.
People – particularly the elderly, sick and those with disabilities – are
not given sufficient time to scramble out of their homes. When they do
manage to run out into the street, there is nowhere to hide and no way of
knowing where the next shell or missile will land.
Some eminent human rights defenders whom I spoke to inside Gaza yesterday
asked for “the rule of law, not rule of the jungle”, adding that they have
no peace, no security and no human rights. With regard to the firing of
rockets by armed groups from densely populated areas, they said – and I
quote – “We do not choose our neighbours.”
The disregard for international humanitarian law and for the right to life,
was shockingly evident for all to see in the apparent targeting on 16 July
of seven children playing on a Gaza beach. Credible reports gathered by my
Office in Gaza indicate that the children were hit first by an Israeli
air-strike, and then by naval shelling. All seven were hit. Four of them, -
aged between 9 and 11, from the same Bakr family - were killed. These
children were clearly civilians taking no part in hostilities.
The following day, three more children were killed and two others wounded,
reportedly by a drone missile, in the Al-Sabra area of Gaza city while they
were playing on the roof of their home as their parents prepared the daily
Ramadan iftar meal.
These are only a few of the cases in which a total of 147 children have been
killed in Gaza over the past 16 days. They had a right to life just like
children in any other country. Their killings raise concerns about respect
for the principles of distinction, proportionality and precautions in
attack.
Israeli children, and their parents and other civilians, also have a right
to live without the constant fear that a rocket fired from Gaza may land on
their houses or their schools, killing or injuring them. Once again, the
principles of distinction and precaution are clearly not being observed
during such indiscriminate attacks on civilian areas by Hamas and other
armed Palestinian groups.
Mr President,
On 13 July, an Israeli strike reportedly killed two women in wheelchairs and
injured four other patients in a centre for persons with disabilities in
Beit Lahiya.
In the area of al-Shuja’iya, the full extent of casualties and damage to
property is still unclear due to the continuous military ground offensive.
Based on preliminary information gathered by my office in Gaza, on 20 July,
a house was hit by several artillery shells at 6:00 a.m., killing seven
members of a single family (including four women and two children) and one
neighbour, who had sought refuge in the house. Another five family members,
including three children, were injured.
In another case, five people were still missing as of 21 July, in a house
targeted in an airstrike, and are believed to be buried under the rubble. My
staff are continuing to document several other cases, in which family
residences were destroyed with reported loss of civilian life, and in which
preliminary indications suggest not even a single member of an armed group
was present.
Then, just two days ago, on 21 July, shells hit the Al-Aqsa Hospital in Deir
al-Balah reportedly killing at least three people and wounding dozens of
others, including doctors.
These are just a few examples where there seems to be a strong possibility
that international humanitarian law has been violated, in a manner that
could amount to war crimes. Every one of these incidents must be properly
and independently investigated
Blockade and impact of repeated military hostilities
The current conflict and destruction comes at a time when Gaza is still
recovering from repeated escalations of hostilities with Israel. The
crippling effects of the Israeli blockade and other measures linked to the
Israeli occupation of Gaza suppress the ability of the people to go about
their daily lives and prevent them from rebuilding their lives and
communities after repeated military operations.
I reiterate my numerous calls for this blockade to be lifted once and for
all.
This latest assault has wreaked further damage to Gaza’s water and
sanitation facilities. Fuel and medicine are in critically short supply, and
electricity is reduced to a few hours a day, affecting ordinary households
as well as compromising the ability of hospitals to treat the many injured,
and to care for the most vulnerable people.
Situation in the West Bank
Mr President,
The current situation in Gaza has overshadowed the backdrop of heightened
tensions in the occupied West Bank, including East Jerusalem. On 12 June,
three Israeli teenagers went missing near Hebron, and were subsequently
found murdered. Since then, more than 1,200 Palestinians have reportedly
been arrested with some placed in administrative detention; Israel has
carried out extensive operations where homes and offices have been raided
and property damaged; the Israeli authorities have also resumed a policy of
carrying out punitive house demolitions, and nine Palestinians have been
killed in incidents involving Israeli security forces, raising serious
concerns of excessive use of force, especially in the context of
demonstrations against the military operation in Gaza.
In addition, I am concerned about reports of a significant rise in
incitement to violence against Palestinians, including through social media.
On 2 July, a Palestinian teenager was beaten and burned alive in Jerusalem
amidst an atmosphere of revenge and incitement to violence.
The killings of all four teenage boys were abhorrent and those responsible
must be brought to justice. However, only those responsible for these
criminal acts can legitimately be punished. Individuals may not be punished
for offences they have not personally committed or be made subject to
collective penalties.
Context of protracted occupation
Mr President,
Israel holds obligations as an Occupying Power. For Palestinians in Gaza and
in the West Bank, including East Jerusalem, the current reality is not just
one of repeated conflict but also one of protracted occupation, with
insecurity and a constant daily struggle for human rights, in particular the
right to self-determination. In Gaza, the blockade and Access Restricted
Areas continue to undermine the human rights of the population. In the West
Bank, ever expanding illegal Israeli settlements; settler violence;
demolitions of Palestinian homes; the Wall and its associated regime;
excessive use of force; and large scale detentions of Palestinians are some
of the ongoing, routine abuses and human rights violations committed against
the occupied population.
The scenes we witness from afar, here in Geneva or around the world, via the
24-hour news channels and social media, provide only brief glimpses of the
daily reality of conflict for Palestinians and for Israelis.
A seven-year old Palestinian child in Gaza has never known life outside
occupation and is already living through her or his third experience of a
major Israeli military operation, including the so-called operations ‘Cast
Lead’ in 2009 and ‘Pillar of Defence’ in 2012, with all the unimaginable
death, destruction, terror and the life-long consequences that they
inflicted.
Both Palestinians and Israelis deserve better than a life of chronic
insecurity and recurring escalation in hostilities.
Accountability and the right to self-determination
The continued failure to properly ensure accountability on both sides
following earlier escalations of hostilities in Gaza is of serious concern.
The culture of impunity for alleged violations of international law invites
further transgressions and the victims of the past become victims again. War
crimes and crimes against humanity are two of the most serious types of
crimes in existence, and credible allegations that they have been committed
must be properly investigated. So far, they have not been.
According to local human rights groups, despite numerous allegations of
serious international crimes, only four Israeli soldiers have been
prosecuted and convicted for three incidents that occurred during Operation
‘Cast Lead’. One of the convictions was for stealing a credit card. And the
other three soldiers, convicted of more serious crimes, received
extraordinarily light sentences. In April 2013, the Military Advocate
General issued a public document indicating that it found no basis for
opening criminal investigations into approximately 65 incidents involving
the Israel Defense Force during the 2012 operation known as ‘Pillar of
Defence’.
With respect to rocket and mortar attacks from Gaza, information available
also indicates that no adequate measures have been taken to carry out
effective investigations into alleged violations.
Mr President,
I, and my predecessors and successors as High Commissioner for Human Rights,
can only offer the facts, the law, and common sense. This we have done,
and -- I am sure -- will continue to do, however much we are criticized for
it.
We, as the International Community, the United Nations, the Human Rights
Council, States, and as human beings, are obliged to do everything in our
power to protect all civilians and ensure that human rights are respected,
protected and fulfilled worldwide.
In Israel and Palestine, the politics of conflict, peace and security are
constantly leading to the downgrading, or setting aside, of the importance
of binding international human rights law and international humanitarian
law. International law is not negotiable. No individual or state can be
considered exempt, if they violate the law.
I hope that the parties will respond positively to the visit of the
Secretary-General to the region and his call for an immediate ceasefire. But
what must we finally do to move beyond a ceasefire that will inevitably be
broken again in two or three years, leading to yet more dead civilian men,
women and children? Accountability is the first step towards ensuring that
the cycle of human rights violations and impunity is brought to an end. A
lasting peace can only begin with respect for human rights and human dignity
on both sides, and ultimately, in the full realisation of the right to
self-determination.
All these dead and maimed civilians should weigh heavily on all our
consciences. I know that they weigh heavily on mine. All our efforts to
protect them have been abject failures. More powerful entities, such as the
Security Council, and individual States with serious leverage over the
parties to this dreadful and interminable conflict, must do far more than
they have done so far to bring this conflict to an end once and for all.
Thank you.
ENDS
For media enquiries, please contact Rupert Colville ( +41 22 917 97 67 /
rcolville@ohchr.org ) or Cécile Pouilly ( +41 22 917 9310 /
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