Ref: 47/2018Date: 27 April 2018Time: 19:00 GMT
On Friday, 27 April 2018, Israeli forces killed 3 Palestinian civilians and wounded 453 others with live bullets or directly hit with tear gas canisters, including 69 children, 14 women, 6 journalists and 5 paramedics, in addition to hundreds suffering tear gas inhalation, including PCHR’s fieldworkers who were documenting the Israeli forces’ suppression of the entirely peaceful demonstrations near the border fence with Israel, east of the Gaza Strip. For the fifth week in a row and upon a decision by the Israeli highest military and political echelons, the Israeli forces used lethal force against the peaceful demonstrators, who posed no threat to the soldiers’ life. Thus, the death toll has risen to 39, including 4 children, 2 journalists and 2 persons with disabilities, and the number of those wounded has risen to 2900, including 490 children, 83 women, 38 journalists and 18 paramedics, since 30 March.
Investigations and observations by PCHR’s fieldworkers during this week emphasize the following:
The incidents today, 27 April 2018, were as follows:
Since early morning, ten thousands of civilians, including women and children within entire families, started swarming to 5 encampments set by the Supreme National Authority for the Great March of Return and Breaking Siege in eastern Rafah City; Khuza’ah in Khan Younis; al-Bureij in Central Gaza Strip; Sheja’eyah neighborhood in Gaza City; and Eastern Jabalia in the northern Gaza Strip.
Following the Friday Prayer, at approximately 13:30, the number of participants in the five demonstrations increased, reaching to hundred thousands of men, elderlies, women and children. They deployed inside and outside the encampments yards, raised flags, and chanted slogans and national songs in addition to flying kites, while hundreds of them, including children and women, approached the border fence, set fire to tires and attempted to throw stones at the Israeli forces.
The Israeli shooting, which continued until 20:00 according to PCHR’s fieldworkers in the 5 areas, resulted in the killing of 3 Palestinian civilians; 2 of them from Gaza City were directly hit with live bullets at approximately 17:00 when dozens of demonstrators approached the border fence in eastern Sheja’iyah neighborhood.
Those killed were identified as:
Mohammed Amin Ahmed al-Moqayad (21) from Gaza City was hit with a bullet to the head when he was along the border fence, east of Sheja’iyah neighborhood in Gaza City; and
Moreover, 453 others were wounded, including 69 children, 14 women, 6 journalists and 5 paramedics, in addition to hundreds suffering tear gas inhalation, including PCHR’s fieldworkers while documenting the Israeli forces’ suppression of the entirely peaceful demonstrations.
Table of Civilians Killed and Wounded during the Last Five Weeks in These Activities
Notes | Medical Crews | Journalists | Women | Children | Total | Casualties |
Among those killed were 2 persons with disabilities (deaf) | – | 2 | – | 4 | 39 | Killed |
Among those wounded, 161 are in serious condition and 21 underwent amputation of their lower or upper limbs | 18 | 83 | 83 | 490 | 2900 | Wounded |
PCHR emphasizes that the rules of international law, including the international human rights law and international humanitarian law, shall be applied when dealing with the peaceful demonstrations along the Gaza Strip borders. Thus, PCHR stresses that the occupation has an international obligation to apply the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
Principles on the Use of firearms stipulate that soldiers should not use live fire unless their life is under imminent threat and the shooting must be gradual and proportionate with the threat. First, the soldiers shall give a warning and not in any case use live bullets, except as a last option to defend themselves or others in cases of imminent threat aiming at hindering the attacker’s movement and not killing him.
According to PCHR’s follow-up and its fieldworker’s observations, the facts on the grounds confirm that no threat was posed to life of the soldiers who are hundreds of meters away from the demonstrators separated by a security fence and fortifications, including a huge sand barrier and personal shields. Even in instances when they approached the border fence, the demonstrators posed no threat as they appear to have been unarmed and in light of the heavy fortifications. This confirms there was no possible threat or imminent danger to the soldiers’ life and this was proven by the zero Israeli causalities since the beginning of the demonstrations on 30 March.
Moreover, PCHR’s follow-up of the deaths and injuries confirms that the Israeli soldiers used live and explosive bullets and deliberately targeted the demonstrators aiming at killing them or causing lifelong disabilities, and this can be clarified from the places of injury; many of which were in the head and upper part of the body or in the knee.
PCHR emphasizes that the increasing number of casualties, deaths or injuries, is unjustified as civilians who practice their right to peaceful assembly are being targeted.
PCHR emphasizes that the demonstrations are fully peaceful and civilians have the right to raise their voices against the Israeli forces and closure and enjoy their right to return. Thus, PCHR stresses that Israel shall be held accountable and prosecuted through investigating with it into these crimes.
PCHR also stresses that this ongoing policy by Israel violates the Rome STATUTE OF THE INTERNATIONAL CRIMINAL COURT (ICC) and Fourth Geneva Convention, and its practices qualify to war crimes. Thus, PCHR calls upon the ICC Prosecutor to open an official investigation into these crimes in addition to prosecuting and holding accountable all of those involved in issuing decisions and orders in the Israeli forces at the political and security level and those applying the orders.
PCHR asks for the presence of international observers from the United Nations (UN) bodies in the Gaza Strip to make sure that these demonstrations are totally peaceful and even if the Israeli authorities denied their access to Gaza, they can observe from the Israeli side of the borders.
PCHR hereby condemns this new crime committed by the Israeli forces, believing it is as a result of Israel’s enjoying impunity thanks to the U.S. and so encouraging the Israeli forces to commit further crimes upon an official decision by the highest military and political echelons.
PCHR also reiterates its call upon the High Contracting Parties to the 1949 Fourth Geneva Convention to fulfill their obligations under Article 1; i.e., to respect and ensure respect for the Convention in all circumstances and their obligations under Article 146 to prosecute persons alleged to commit grave breaches of the Fourth Geneva Convention.
PCHR calls upon Switzerland, in its capacity as the Depository State for the Convention, to demand the High Contracting Parties to convene a meeting and ensure Israel’s respect for this Convention, noting that these grave breaches constitute war crimes under Article 147 of the same Convention and Protocol (I) Additional to the Geneva Conventions regarding the guarantee of Palestinian civilians’ right to protection in the occupied territories.