Tag Archives: UN Special Rapporteur

Accountability needed to end excessive use of force against Palestinian protesters in Gaza, says UN expert

The following press release copied verbatim emphasizes ACCOUNTABILITY but who will hold Israel accountable?

GENEVA (5 March 2019) – The international community must take immediate and decisive action to ensure that Israel cease its violations of international law when responding to the ongoing demonstrations at the Gaza fence, a UN human rights expert said.

The Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, Michael Lynk, welcomed the findings and recommendations of the Commission of Inquiry into the deadly 2018 Palestinian protests in Gaza.

The Commission, which was mandated to investigate violations of international humanitarian and human rights laws, presented its findings on 28 February 2019.

“It found reasonable grounds to believe that, in all but two of the 189 fatalities investigated, the use of live ammunition by Israeli security forces against demonstrators was unlawful,” Lynk said. “Accordingly, I support the Commission’s call for accountability with respect to those who used lethal fire unlawfully, and for those who drafted and approved the rules of engagement which permitted this illegal use of lethal fire.”

Among the dead were 35 children, 3 paramedics and 2 journalists. Another 6,106 demonstrators were wounded during the demonstrations.

The Special Rapporteur noted that, since the start of 2019, Israeli security forces have continued to respond to protests along the fence with tear gas, rubber coated bullets and live ammunition. As a result, a further five children have been killed in the past two months.

One such incident saw the killing with live ammunition of two boys (aged 14 and 17) on 8 February 2019, and following the protest, the death on 12 February 2019 of a 16-year-old Palestinian boy who was hit by a tear gas canister in the head. According to human rights organisations, the three boys posed no threat to Israeli forces. More recently, on 22 February 2019, a 14-year-old Palestinian boy was killed by live ammunition during a protest east of Gaza city. 

Lynk reiterated that international human rights instruments pertaining to law enforcement provide that firearms may only be used against persons if there is an imminent threat to life or risk of serious injury. He added that, in the context of an occupation, the killings at the Gaza fence resulting from the unlawful use of force might well constitute willful killings of the protected population, which constitute a grave breach of the Fourth Geneva Convention and potentially a war crime under the Rome Statute.

“We must ensure legal accountability and end impunity for the excessive use of force against largely peaceful Palestinian demonstrators, and the resulting arbitrary deprivation of life,” said the Special Rapporteur. “This is a grave violation of their right to life and it abrogates their guaranteed freedoms of expression, peaceful assembly and association.”

Lynk also endorsed the recommendations of the Commission that the de facto authorities in Gaza failed in their duties to prevent the indiscriminate use of incendiary kites and balloons, which caused economic damage and civilian fear in southern Israel. 

The Special Rapporteur welcomed the attention given by the Commission of Inquiry to the dire living conditions in Gaza, which have fueled the large demonstrations over the past year. He endorsed the Commission’s call for an immediate lifting of the Israeli blockade of Gaza, which has repeatedly been described by recent UN Secretary-Generals as a prohibited form of collective punishment of the people of Gaza. In particular, he noted the dire impact of the blockade on the Gazan health system, which has significantly contributed to the deteriorating quality of health in the Strip. 

As the one-year anniversary of the “Great March of Return” on 30 March 2019 draws closer, and in view of the ever-deteriorating economic and humanitarian situation in Gaza, the Special Rapporteur expressed concern over possible rising levels of violence if no firm action was taken to pursue accountability and justice. “Continuing to suffocate Gaza is a blot on the world’s conscience and a recipe for more bloodshed,” Lynk said. “Restoring Gaza and ensuring justice and accountability would give the region hope that a better Middle East is possible.”  

Mr. Michael Lynk was designated by the UN Human Rights Council in 2016 as the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967. The mandate was originally established in 1993 by the then UN Commission on Human Rights. Professor Lynk is Associate Professor of Law at Western University in London, Ontario, where he teaches labour law, constitutional law and human rights law. Before becoming an academic, he practiced labour law and refugee law for a decade in Ottawa and Toronto. He also worked for the United Nations on human rights and refugee issues in Jerusalem.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

 

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Filed under Gaza, IDF, Israel Defense Forces, People, Uncategorized, United Nations

#PassoverMassacre #GreatReturnMarch

map of protests

credit – Haaretz

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A Palestinian in Gaza screamed silently through social media:

Yesterday 15 unarmed Palestinian protesters were shot dead by Israeli soldiers in Gaza. The deafening silence of world “leaders” reminds us that their problem is not the way Palestinians fight back. It’s the fact that we fight back to begin with.

BDS? Alienating! Anti-Semitic!

Armed resistance? Violence! Terrorism!

Peaceful march? Riots! Infiltrators!

A Palestinian-American in the U.S. unmasked the media’s bias in favor of Israel’s narrative:

Just die silently, and even then they’ll blame you for it.

Not a single Israeli has been so much as touched by a Palestinian protester in the past couple of days, much less harmed. Not a single hurled rock has reached anywhere near a soldier, while Israeli snipers murdered 17 and wounded 1400. Yet western media insists these are “clashes.”

Earlier this month, the U.N. Special Rapporteur on Palestine identified the excessive force used against children at the border between Gaza and Israel in his report to the Human Rights Council:

Excessive use of force against Palestinians by Israeli forces is a concern in the area along the border fence, and often has an impact on children. In mid-February 2018, two Palestinian teenagers aged 14 and 16 were killed, and two others injured by Israeli forces who fired what was reportedly artillery shells and live fire towards the boys as they approached the fence, although they were reportedly between 30 to 50 meters away when shot.

This incident raises concerns about the decision to use lethal force against young, unarmed boys, as according to the Basic Principles of the Use of Force, lethal force should be used only if other means are ineffective, and should be used with restraint and in proportion to the seriousness of the offense and the legitimate objective to be achieved. Not only in Gaza, but in the West Bank as well, use of force by Israeli forces has consistently been flagged as an issue of concern by the Special Rapporteur, the High Commissioner, and the Secretary-General. This concern is necessarily heightened when children are the victims.

Lora’s observations:

#1 – Israel admits its use of force is deliberate and precise. This information will be key to future deliberations by the U.N. Human Rights Council, the U.N. General Assembly, and the International Court of Justice.

#2 – Palestinians in Gaza have unmasked Israel’s Achilles Heel. Israeli leaders have no desire or intention of meeting peace initiatives with peace. They don’t know how to do Gandhi, and don’t have any shame in playing the role of Goliath to the Palestinians’ David.

#3 – The western mainstream media is unable to cover the #greatreturnmarch impartially, nor examine all sides of the unfolding events objectively. The dominant narrative will prevail until alternative voices can break through the static.

Rest In Peace

(1) Naji Abu Hijir

(2) Mohammad Kamel Najjar (shot in the stomach near Jabaliya)

(3) Wahid Nasrallah Abu Samour

(4) Amin Mahmoud Abu Muammar (38 Rafah)

(5) Mohammed Naeem Abu Amr (Mohammed Abu Omar, 22 Rafah)

(6) Ahmed Ibrahim Ashour Odeh (19)

(7) Jihad Ahmed Fraina (33)

(8) Mahmoud Saadi Rahmi (33)

(9) Abd al-Fattah Bahjat Abd al-Nabi (18) reportedly shot in the back while running away from the border.

(10) Ibrahim Salah Abu Shaar (20)

(11) Abd al-Qader Marhi al-Hawajri

(12) Sari Walid Abu Odeh

(13) Hamdan Isma’il Abu Amsha

(14) Jihad Zuhair Abu Jamous

(15) Bader Fayek al-Sabbagh

(16) Omar Samour (31) — the farmer who was killed around dawn 

 

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Filed under Gaza, Hamas, IDF, Israel Defense Forces, Media, Nakba, nonviolent resistance, People, Uncategorized, United Nations