Systematic Impunity for Unlawful Lethal Force

 

Last year, 2022, was the deadliest year for Palestinian children in the West Bank in 15 years, and 2023 is on track to meet or exceed 2022 levels. Israeli forces had killed at least 34 Palestinian children in the West Bank as of August 22. Human Rights Watch investigated four fatal shootings of Palestinian children by Israeli forces between November 2022 and March 2023.

“Israeli forces are gunning down Palestinian children living under occupation with increasing frequency,” said Bill Van Esveld, associate children’s rights director at Human Rights Watch. “Unless Israel’s allies, particularly the United States, pressure Israel to change course, more Palestinian children will be killed.”

Human Rights Watch researchers, in documenting the four killings, interviewed in person seven witnesses, nine family members, and other residents, lawyers, doctors, staff and fieldworkers at Palestinian and Israeli rights groups, and reviewed CCTV and videos posted on social media, statements by Israeli security agencies, medical records, and news reports.

Human Rights Watch investigated the case of Mahmoud al-Sadi, 17, killed by Israeli forces as he walked to school near the Jenin refugee camp on November 21, 2022. The Israeli military did not address his killing specifically but said its forces had been conducting arrest raids in the camp, during which they exchanged fire with Palestinian fighters. However, the nearest exchange of fire occurred at one of the alleged fighter’s homes, about 320 meters away from where Mahmoud was shot, based on residents’ statements.

Mahmoud stood by the side of a road, waiting for the sounds of shooting in the distance to stop, and was not holding any weapon or projectile, a witness said and a security-camera video that Human Rights Watch reviewed showed. After the distant shooting had stopped and the Israeli forces were withdrawing, a single shot fired from an Israeli military vehicle roughly 100 meters away struck Mahmoud, the witness said. No Palestinian fighters were in the area, the witness said. Mahmoud was killed a block away from the street where Israeli forces killed the journalist Shireen Abu Aqla on May 11, 2022.

In the other cases investigated, the security forces killed boys after they had joined other youths confronting Israeli forces with stones, Molotov cocktails, or fireworks. While these projectiles can seriously injure or kill, in these cases, Israeli forces fired repeatedly at chest-level, hitting multiple children, and killed children in situations where they do not appear to have been posing a threat of grievous injury or death, which is the standard for the use of lethal force by law enforcement officers under international norms. That would make these killings unlawful.

Mohammed al-Sleem, 17, was shot in the back while running from Israeli soldiers after a group of friends he was with threw rocks, and allegedly Molotov cocktails, at military vehicles that had entered a village near his hometown of Azzun in the northern West Bank. Three other children were shot and wounded with automatic gunfire while running away.

An Israeli officer shot Wadea Abu Ramuz, 17, from behind while he was with a group of youths throwing rocks and launching fireworks at Border Police vehicles in East Jerusalem at around 10 p.m. on January 25, 2023, two witnesses said. Another boy in the group was shot and wounded. Security forces shackled Wadea to his hospital bed, beat and prevented his relatives from visiting him, withheld his body for months after he died, and required his family to bury him quietly at night.

In all cases, Israeli forces shot the children’s upper bodies, without, according to witnesses, issuing warnings or using common, less-lethal measures such as tear gas, concussion grenades, or rubber-coated bullets. Adam Ayyad, 15, was fatally shot from behind in Deheisheh refugee camp on January 3 while with a group of boys throwing stones and at least one Molotov cocktail at Israeli forces. The soldier also shot and wounded a 13-year-old boy, witnesses said.

International human rights standards prohibit law enforcement officials from “the intentional lethal use of firearms” except when “strictly unavoidable to protect life.” Throwing rocks, Molotov cocktails, and explosive fireworks could pose a risk to life, depending on the circumstances. However, nonviolent means and warnings must be used first whenever feasible, and force may be used “only if other measures to address a genuine threat have proved ineffective or have no likelihood of achieving the intended result.” The UN Code of Conduct for Law Enforcement Officials provides that, “Every effort should be made to exclude the use of firearms, especially against children.”

Palestinians in the West Bank are protected under the Geneva Conventions. Willful killings of protected persons by the occupying power outside what is permissible under human rights standards would constitute a grave breach of the laws of occupation.

Under international human rights law, governments “must ensure that individuals also have accessible and effective remedies to vindicate” their rights, including the right to life.

The Israeli military does not automatically open criminal investigations into cases in which soldiers use lethal force against Palestinians in the West Bank, including if a complaint is filed. Human Rights Watch has found that investigations are more likely to be opened in cases in which international news media report extensively on the killing. The armed forces military police carry out investigations and, regardless of whether an investigation is opened, impunity remains the norm.

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