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 Ref: 74/2012

 

The Palestinian Centre for Human Rights (PCHR)
has sent a submission, in the form of an Individual Complaint, to the Special
Rapporteur on extrajudicial, summary or arbitrary executions, related to the
willful killing of Saad al-Majdalawi by Israeli forces in the Gaza Strip on 16
August 2011.


 

On 16 August 2011, Saad al-Majdalawi, a
17-year-old mentally disabled boy, died when he was targeted with live fire by
Israeli forces positioned on the border between the Gaza Strip and Israel.
Al-Majdalawi was walking approximately 300 meters away from the
border fence, posing no threat to the lives of Israeli soldiers, when he was
shot and killed. The targeted use of lethal force against al-Majdalawi, a
civilian, constitutes an act of willful killing, which qualifies as a war crime
under Article 8(2)(b)(i-iii) of the Rome Statute of the International Criminal
Court and Article 147 of the Fourth Geneva Convention. Al-Majdalawi’s inherent
right to life, codified in Article 6 of the International
Covenant on Civil and Political Rights, Article 3 of the Universal Declaration
of Human Rights and Article 6 of the Convention on the Rights of the Child,
were also violated.


 

In this first submission, PCHR wishes to
provide the Special Rapporteur with an Individual Complaint on behalf of
theal-Majdalawi family. At a later date, PCHR will supplement this information
provided to the Special Rapporteur by giving an update on the situation,
updated statistics and other individual complaints, if appropriate. PCHR has
supplemented its Individual Complaint with a Factsheet and Legal Briefing Note
on the wilful killing of Palestinian civilians in the border areas of the Gaza
Strip.


 

PCHR will be submitting either Memorandums or
Individual Complaints bi-weekly to UN Working Groups and Special Rapporteurs,
to draw attention to issues facing the Palestinian people.



 

Supplementary documents:

 

Individual complaint related to the
willful killing of Saad al-Majdalawi by Israeli forces in the Gaza Strip on 16 August 2011 (pdf)

 

Briefing Note: Israel’sextrajudicial
killing ofcivilians in or near the unilaterally imposed ‘buffer zone’ (pdf)

 

Fact sheet : Israel’s willful killing
of civilians in or near the unilaterally imposed ‘buffer zone’ (pdf)