Excerpt from Al Haq Report: The IOF’s use of force and lethal force against Palestinian protestors, including in the Gaza Strip on 30 March 2018, is in breach of international law and human rights standards. The IOF deliberately and systematically eases fire regulations and opens fire, including live fire, at Palestinian protestors, placing them at an imminent risk of physical injury. In fact, the IOF’s spokespersons have explicitly reiterated their readiness to counter the March protests throughout the Gaza Strip by all means necessary. This is in contradiction to Israel’s obligations as Occupying Power, and which require it to respect the right to life of the occupied population, refrain from using lethal force, and be guided by the principles of proportionality and necessity when resorting to the use of force. The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials dictate an obligation to not resort to excessive and lethal force which should only be used “when strictly unavoidable in order to protect life.
In fact, there is no necessity or consideration of proportionality stemming from the shooting of young Palestinians and families peacefully demonstrating, and at times escaping the IOF’s heavy fire, a common practice illustrated in the case of Abd Al-Fattah Abd Al-Nabi above. Where the IOF often shoots at Palestinian civilians in the upper parts of their bodies, this proves the IOF’s intent and policy of shoot-to-kill. On Friday, Palestinian youth wounded and killed during the protests were shot in the head, stomach, neck or face, while not posing an imminent threat to the lives of the fully armed soldiers stationed behind the border fence. Furthermore, in a post published by the IOF on their official Twitter account (“IDF Spokesperson”), which appears to have been deleted shortly after, “nothing was carried out uncontrolled; everything was accurate and measured, and we know where every bullet landed,” proving knowledge and intent of the violations committed. The intentional and unjustified killings of protected persons during law enforcement operations may amount to wilful killing, a grave breach of Article 147 of the Fourth Geneva Convention, and a war crime under the Rome Statute of the International Criminal Court (ICC).
http://alhaq.org/advocacy/topics/gaza/1206-30-march-15-palestinians-killed-more-than-a-thousand-injured-as-iof-violently-suppress-palestinian-protestors-in-the-gaza-strip
https://www.amnesty.org/en/latest/news/2018/04/israelopt-israeli-forces-must-end-the-use-of-excessive-force-in-response-to-great-march-of-return-protests/
B'Tselem: On the unlawful shooting of unarmed demonstrators in Gaza
https://www.btselem.org/publications/summaries/201804_if_the_heart_be_not_callous
Hamoked: Petition to the HCJ - revoke rules of engagement permitting live fire at non-dangerous demonstrators
http://www.hamoked.org/Document.aspx?dID=Updates1978
Human Rights Watch - Israel: Gaza Killings Unlawful, Calculated
https://www.hrw.org/news/2018/04/03/israel-gaza-killings-unlawful-calculated
ICC: Statement of the Prosecutor of the International Criminal Court regarding the worsening situation in Gaza
https://www.icc-cpi.int//Pages/item.aspx?name=180408-otp-stat
PCHR: On Third Friday of March of Return, Israeli Forces Kill Palestinian Civilian and Wound 398 Others, Including 50 Children, 8 Women and 17 in Critical Condition, Without Posing Threat or Danger to Israeli Soldiers’ Life
http://pchrgaza.org/en/?p=10661
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