Testimony: Soldier fires rubber-coated metal bullet at head of ten-year-old boy in Ni’lin, Jan. '09

On 1 January 2010, Mu’ataz al-Hawaja, a ten-year-old boy from Ni’lin, in Ramallah District, was struck in the head by a rubber-coated metal bullet that a soldier fired at him during a demonstration against the Separation Barrier that was taking place in the village.

Testimonies given to B'Tselem indicate that, during the demonstration, young people and children from the village clashed with soldiers and Border Police officers. A group of demonstrators gathered on a hill, and some of them threw stones at soldiers. At some point, the demonstrators noticed three soldiers coming toward them and ran away.

Mu’ataz al-Hawaja and another boy lagged behind their friends. According to the testimonies, one of the soldiers approached al-Hawaja and fired a rubber-coated metal bullet at him. The boy was wounded in the head and taken to a medical clinic in the village. He was later taken to the hospital in Ramallah.

In his testimony, al-Hawaja described the moment he was hit:

Mu’ataz al-Hawaja. Photo: Iyad Hadad, B'Tselem.

One of the soldiers came very close to me. I saw him too late and began to run away from him when he was only about 20 meters away. As I ran, I heard the soldier shout to me in Arabic: “Stop or I’ll shoot!” I kept on running, and then the soldier fired a few shots. I felt nauseous and fell down. I put my hand to the back of my head and when I looked at it, I saw it was bloody. I quickly got up and continued to run, crying as I ran. I heard Majd al-Hawaja, who is in my class, shouting to the others that I had been wounded and needed help.

Hilal Nafe’a, 38, who works as a guard in a tower belonging to a Palestinian cell-phone company in Ni’lin, witnessed the incident. In his testimony to B'Tselem, he related:

I saw the soldiers begin chasing the children, firing “rubber” bullets at them. The distance between the soldiers and the children wasn’t big – just a few meters. I saw a soldier aim his rifle and then fire a “rubber” bullet at one of the children. The child was hit and then fell. After he fell, the soldier started chasing another child.  

To the best of B'Tselem’s knowledge, the Open-Fire Regulations relating to rubber-coated metal bullets state that the bullets may be used only after other means for dispersing demonstrations, such as tear gas and shock grenades, have been used and were ineffective. In addition, the minimal distance for firing the bullets is 40 meters. Even at that distance, it is forbidden to fire at children, and the bullets must be aimed only at the legs.

During the hearings of the State Commission of Inquiry into the Events of October 2000 (the Or Commission), it was explained, by manufacturers of the bullets among others, that 50 meters is the minimal distance at which the bullets may be safely fired. The Commission pointed out that, when fired at a distance in which the shot might be lethal – under 40 meters – the accuracy is diminished, and a shot aimed at the legs might strike the chest or even the head. The Commission concluded that the danger inherent in the use of this ammunition is unreasonable and, therefore, it should no longer be used as means for dispersing demonstrations in which no threat is posed to security forces.
B'Tselem’s investigation of the incident raises a suspicion that a solder fired a rubber-coated metal bullet from close range at the upper body of a ten-year-old child who was running away from him, striking the child’s head. In doing so, the soldier breached the army’s Open-Fire Regulations.

B'Tselem sent a demand to the Judge Advocate General’s Office that it immediately order the Military Police to investigate the circumstances of the incident.