Despite the risks 15,000-30,000 Palestinians routinely enter Israel without work permits. B’Tselem made inquiries into four cases in which soldiers shot and wounded Palestinians trying to enter Israel. In all four cases, which occurred in Oct. and Nov. 2013, soldiers did not given any advance warning before shooting, and in some, shot at the victims’ torso. Security forces must not automatically consider civilians trying to enter Israel without permits as potential terrorists and nor can they use gunfire to apprehend these individuals.
Use of firearms
B’Tselem recorded 5 fatalities and 55 injuries recently, all of Palestinian uninvolved in hostilities near the Gaza perimeter fence. Although the military refuses to publish the relevant open-fire regulations, statements by officials indicate the possibility that lethal fire might be permitted even in cases of civilians who pose no danger. As Gazans use the area near the fence for various civilian needs, it cannot be regarded exclusively as a combat zone. The military must institute open-fire regulations that take this reality into account.
On Fridays in recent months, youths have been frequenting an area east of Jabalya RC, a rare open space in the congested Gaza Strip. Some stroll or rest. Others come to demonstrate, burn tires or throw stones at the perimeter fence. Several times Molotov cocktails were lobbed at the fence and its patrol. Soldiers positioned on the Israeli side of the perimeter fence use various measures – from tear-gas to live ammunition – to get the youths to back away from the fence. B'Tselem field researcher Muhammad Sabah documented the scene.
On 7 Dec. 2013 a soldier outside the settlement of Beit El shot and killed Wajih a-Ramahi, 15. The military claims “the only shots fired were in the air", but the autopsy found that a-Ramahi was hit by a bullet to the back. B'Tselem's inquiries indicate that a-Ramahi was one of several youths throwing stones at soldiers from a distance of about 200 meters. Although they were not facing mortal danger, the soldiers responded with live ammunition, not crowd control weapons. The MAG Corps said that a military police investigation has been launched.
On 20 Dec. 2013 soldiers shot and killed ‘Odeh Hamad while he and his brother Radad were collecting scraps at the Beit Hanoun garbage dump. Radad, who reported hearing no warning beforehand, ran for help. While Hamad lay injured, soldiers just across the fence offered him no medical assistance, nor did they help the paramedics locate him. He was found after a half hour-long search and died shortly after reaching hospital. B’Tselem documented similar incidents at the same site, including four in the last 18 months in which civilians were injured.
Three times as many people were killed in the West Bank in 2013 as were in 2012. In contrast to the situation from 2003 to 2012 when most Palestinian fatalities occurred in the Gaza Strip, in 2013 the majority of Palestinian fatalities occurred in the West Bank. B’Tselem Director Jessica Montell said, “The sharp rise in fatalities in the West Bank only serves to intensify concern about lack of accountability. Admittedly, MPIU investigations are now launched almost automatically, yet the essence of the investigative mechanism remains unchanged. It is slow and cumbersome and decisions are made only years after an incident takes place. Such a mechanism, in which practically no one is held accountable for the killing of Palestinians, does not serve as a deterrent and indicates disregard for human life.”
B’Tselem's initial inquiries indicates toddler Hala Abu Sbeikhah was killed yesterday after an Israeli tank fired three shells at her home. Hala’s aunt and two young cousins sustained injuries. Deliberate firing at a home occupied by civilians, without warning the inhabitants and ensuring they have vacated the premises, as appears to be the case in this situation, is unlawful. The military must immediately investigate the incident. Israeli military additionally closed Kerem Shalom Crossing, barring agricultural export and necessary fuel imports in a measure which constitutes collective punishment.
On 5 Dec. 2013, the MAG Corps notified B’Tselem of its decision to close the investigation into the killing of Mustafa Tamimi by a tear-gas canister fired at him in Dec. 2011. The Corps claimed that the firing was done "according to the relevant rules and regulations and did not involve any illegality." The decision, two years after the incident, conveys the military’s indifference to the lives of Palestinians in the West Bank, and sends Israeli soldiers and officers the message that they will not be held accountable for killing unarmed civilians. In the meantime, this type of firing continues, and it is only a matter of time before yet another unarmed Palestinian civilian is killed in this way. B’Tselem will demand to see all the investigation material.
On 27 Nov. B'Tselem volunteer videographer Abu Ahmad documented clashes between Palestinian youth and soldiers in Beit Ummar. An officer fired a canister that hit him in the chest, while he filmed. Abu Ahmad was bruised and required medical treatment. The firing of tear gas canisters directly at individuals is a routine practice by security forces and has already claimed the lives of two people and injured dozens. The military continues to deny the existence of the practice and avoids addressing it systematically. B'Tselem will send the footage to the Military Advocate and demand an investigation by the Military Police Investigation Unit (MPIU) and held accountable.
On 31 October 2013, Ahmad Tazaz’ah, 20, was killed in a market near Qabatiya, in the northern West Bank. According to B’Tselem’s inquiry, Tazaz’ah was killed by live ammunition fired by Israeli soldiers, and not in intra-Palestinian violence. According to the investigation, Palestinian youths threw stones at Israeli troops returning from an arrest operation in Qabatiya. The troops stopped near the market and responded with crowd control weapons and live fire. Tazaz’ah was hit by a live round in the chest. B’Tselem’s inquiry shows the soldiers were not in any real danger, raising a grave suspicion they breached open-fire regulations. B'Tselem conveyed its findings to the MAG Corps, which announced the opening of a "limited investigation," in light of the suspicions regarding the involvement of Israeli soldiers in the incident.
After Operation Pillar of Defense (Nov. 2012), an understanding was reached whereby Israel would ease restrictions on Palestinian access to farmland near the border. Previously, access to those areas–a third of Gaza Strip farmland–was strictly restricted, including by the use of live fire. B'Tselem has found that the military still limits access and does so with live fire. Israel must lift these restrictions, enabling farmers to work their land. As long as the restrictions remain, the military must refrain from using live fire to enforce them.
4 and 1/2 years after Bassem Abu Rahmeh, 30, was killed when struck in the chest by a tear-gas grenade fired directly at him from close range, the state announced it is closing the case for lack of evidence. The announcement was made further to a High Court petition by Bassem’s mother, demanding an investigation into the killing of her son in April 2009 during a demonstration against the Separation Barrier in Bil’in. Three video segments prove that Abu Rahmeh was east of the barrier, did not act violently, and did not endanger the soldiers.
According to B’Tselem’s initial investigation into the incident that took place this morning (26 August) in which three Palestinians were killed by Israeli security forces’ fire in Qalandiya Refugee Camp, it appears that the stone-throwing was more massive today as the security forces remained in the camp until around 6:45 A.M., a busy hour on the street as the Palestinian school year started yesterday. Today’s harsh consequences cast doubt on their judgment in ordering the mission, and on the degree to which the force was prepared in advance. An investigation into the incident must be opened immediately to examine these issues.
Ibrahim Sarhan, 21, was shot and killed by soldiers in July of 2011, at the al-Far'ah refugee camp, in the Tubas district. The MAG corps decided not to serve indictments against the soldiers who killed him. In an appeal against the decision filed this month, B'Tselem claims that the investigation materials contain evidence that the fatal shooting of Sarhan was carried out in violation of the open-fire regulations and without any justification. This case illustrates the military's problematic conduct with respect to investigating the killing of Palestinians.
The army must end its use of rubber bullets as a means to disperse demonstrations in the occupied territories, the Association for Civil Rights in Israel (ACRI) and B'Tselem have demanded in a letter to Deputy State Attorney for Special Matters, Attorney Eli Abarbanel. The move comes following numerous instances of death and injury to unarmed protestors by rubber bullets, and following the injury of B'Tselem spokesperson Sarit Michaeli during a demonstration last month.
On 19 July 2013 B’Tselem Spokesperson Sarit Michaeli was hit and injured by a rubber-coated metal bullet a Border Police officer fired at her while she was filming a demonstration at the village of a-Nabi Saleh. The shooting contravenes military directives. B’Tselem will convey documentation of the incident to police.
On 9 July 2013, the High Court of Justice dismissed a petition demanding that the Israeli military cease all use of white phosphorous in civilian areas. The petition, filed by Advocates Michael Sfard and Emily Schaeffer on behalf of 117 petitioners, including human rights organizations, was dismissed after Israel pledged to stop using white phosphorus, with the exception of two classified conditions. Despite dismissing the petition, the justices did order the military to reconsider the use of white phosphorous. The military's pledge is a step in the right direction. However, given that under international humanitarian law the use of white phosphorous in the present setting of the Gaza Strip is unlawful, and considering its horrific results, B'Tselem demands that the military prohibit all use of white phosphorous in densely populated civilian areas, such as the Gaza Strip.
After several months of field research and crosschecking data, human rights organization B’Tselem published a report today (Thursday, 9 May 2013) reviewing harm to civilians in Operation Pillar of Defense. The report provides statistics on the numbers of Palestinians and Israelis killed over the course of the operation, which lasted from 14 to 21 November 2012. The report challenges the common perception in the Israeli public and media that the operation was “surgical” and caused practically no fatalities among uninvolved Palestinian civilians. Furthermore, the report finds that there was a significant difference between the first and the final days of the operation: of the uninvolved Palestinian fatalities, 80% were killed in the last four days of the operation.
Two years after the State Attorney’s Office announced a change to the military’s investigative policy, B'Tselem follows up the cases of civilians killed by the military in the West Bank. The information demonstrates that some of the investigations are of unreasonably lengthy duration. In other cases, the decision on how the case ought to be handled is delayed at the level of the MAG Corps. This type of investigative policy diminishes the prospects for an effective criminal proceeding, constituting a serious infringement of both the principle of the rule of law and the power to deter and prevent similar incidents.
The media have reported that on 18 March 2013 an Israeli soldier was convicted of negligent homicide in the death of ‘Udai Darawish. On 12 Jan. 2013 the soldier shot Darawish after the latter crossed into Israel from the West Bank through a gap in the Separation Barrier. Darawish was on his way to work in Israel but had no entry permit. The prosecution reportedly intended to charge the soldier with homicide, but the charge was reduced through a plea bargain. The soldier’s sentence is yet to be given. Indictments of soldiers involved in killing Palestinians are extremely rare. B’Tselem knows of only 15 indictments in such cases since the outbreak of the second Intifada.