Soldier kills Palestinian demonstrator Mustafa Tamimi, 28, by shooting tear-gas canister at him

11 December 2011

On Friday, 9 December 2011, the weekly demonstration was held in the village of a-Nabi Saleh, Ramallah District, against settlers’ seizure of land belonging to Palestinian villages in the area. According to B'Tselem's information, in the early afternoon, after the main demonstration had dispersed, several young men threw stones at an army jeep. One of them was village resident Mustafa a-Tamimi. Photos taken by photographer Haim Scwarczenberg show that the jeep turned around and began to back away. A soldier sitting in the jeep then opened the back door and fired a tear-gas canister directly at a-Tamimi, who was several meters away. The canister struck Tamimi in the face, causing extensive bleeding. Shortly afterwards, the soldiers evacuated him to Beilinson Hospital, where he died the next day. B'Tselem has documented many cases in which tear-gas canisters were fired directly at people during the weekly protest in a-Nabi Saleh, including other occasions during the same demonstration, and elsewhere in the West Bank.

Photographs of the firing directly at a-Tamimi, by Haim Scwarczenberg, 9 Dec. '11.

For several years now, B'Tselem has been warning officials that security forces' fire tear-gas canisters directly at persons during demonstrations. The organization has demanded – both in meetings with senior military officials and by letter – that commanders clarify to soldiers serving in the field that firing tear-gas canisters directly at a person is unlawful. Tear gas is supposed to serve as a non-lethal crowd control measure, and using it as a substitute for live fire is forbidden. Therefore, firing tear-gas canisters directly at persons breaches the rules of engagement.

Such firing has resulted in serious injury and death. In April 2009, Bassem Abu-Rahmah, from the village of Bi’lin, was killed by a tear gas canister that struck him in the chest. B'Tselem knows of 13 cases in which persons were seriously injured in similar circumstances since the beginning of the second intifada. B'Tselem has also documented direct firing of canisters that did not result in injury, and has provided the Military Advocate General Corps and the commander of Judea and Samaria Brigade with video footage of such firing.

The moment of firing at Tamimi. The rifle end can be seen emerging from the opened jeep door. The tear gas canister itself is seen against the backdrop of the left mirror. On the left, in the white shirt, is Mustafa Tamimi. Photo: Haim Scwarczenberg.
The moment of firing at a-Tamimi. The 40mm launcher end can be seen emerging from the opened jeep door. The tear gas canister itself is seen bouncing back after hitting him, against the backdrop of the left mirror. On the left, in the white shirt, is Mustafa a-Tamimi. Photo: Haim Scwarczenberg.

In response to B'Tselem’s demands, the then-legal advisor for Judea and Samaria, Col. Sharon Afek, replied in April 2009 that, “direct firing [of tear-gas canisters] at persons is prohibited” and that, “very soon, an explicit and broad directive will be issued that will prohibit the firing of a tear-gas canister directly at a person.” In July 2011, following further requests by B'Tselem, after the direct firing continued to occur at demonstrations, Major Uri Sagi, of the office of the legal advisor for Judea and Samaria, replied that, “following your letter, we have again clarified to the forces operating in Central Command the rules relating to firing of tear-gas canisters at persons, including the prohibition on directly firing a tear-gas canister at a person.” At meetings with B'Tselem, senior military officials claimed that such firing is forbidden and does not occur.

However, B'Tselem has since documented more cases in which security forces fired tear-gas canisters directly at persons. As far as B'Tselem knows, no soldier has been prosecuted for such firing. In the abovementioned case of Abu-Rahmah, which occurred in April 2009, a Military Police investigation was opened only in July 2010, and only after B'Tselem and Attorney Micha’el Sfard threatened to petition the High Court of Justice if an investigation were not initiated.

B'Tselem wrote to the office of the military advocate for operational matters to verify that an MPIU investigation had been opened in the case of a-Tamimi, in accordance with the new policy that the MAG Corps declared before the High Court of Justice. B'Tselem demanded that the investigation examine not only the conduct of the soldier who fired the canister, but also the responsibility of the command echelon, including the orders given to the soldier.

B'Tselem will provide all the material in its possession and will follow the case to make sure the investigation is effective and professional.

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מפגינים בבילעין. צילום: שרית מיכאלי, בצלם, 1.4.22

Open-Fire Policy

Soldiers unjustifiably shoot “Two-Two” bullets at Palestinian and injure him at Bil’in protest

On Friday, 1 April 2022, at around 1:30 P.M., a procession left the village of Bil'in, west of Ramallah, to mark Land Day, which took place two days earlier. The 150 or so participants, Palestinians and Israeli and international activists, marched about a kilometer and stopped around 100 meters from the Separation Barrier. The protesters waved flags and chanted slogans against the occupation. At least three soldiers were standing on the other side of the barrier, on an elevated, armored military post up against the fence. About 10 minutes later, some 10 young Palestinians, including ‘Ahed Tamimi (21) and her cousin Ousamah Tamimi (26), went towards the barrier and stopped about two meters away. The Palestinians swore at the soldiers, and some of them threw stones at them and at the barrier. The soldiers in the post fired tear gas canisters and hurled stun grenades at them. A military jeep drove out through a gate in the barrier, and soldiers sitting in it fired dozens of tear gas canisters. To escape the clouds of gas, ‘Ahed Tamimi entered the patrol road that runs parallel to the barrier, which was about 10 meters away from the barrier. After the soldiers fired a 0.22-inch caliber bullet (“Two-Two”), her cousin Ousamah ran towards her. At that point, one of the soldiers in the post fired two more “Two-Two” bullets, hitting Ousamah in the foot and arm. Paramedics who were waiting nearby gave him first aid, and he was driven in a private car to a Red Crescent ambulance that took him to the Palestine Medical Complex in Ramallah. The doctors found that both bullets had entered and exited his body. He was treated and discharged after a few hours. The shooting reflects Israel's open-fire policy in the Occupied Territories of using live ammunition – including 0.22-inch bullets – not only as a last resort, and not only for lack of choice and when soldiers are in mortal danger. Instead, security forces shoot protesters even when they are not endangering anyone's life. This unlawful policy, which is based on blatant disregard for Palestinians' lives, bodies and wellbeing, is fully backed by the government and by senior military officials. It follows that in this case, too, no one will be held accountable. In a testimony she gave B'Tselem field researcher Iyad Hadad on 1 April 2022, ‘Ahed Tamimi (21), a resident of a-Nabi Saleh, described the shooting during the protest: We got to the area of the Separation Barrier at 2:00 P.M. and saw the soldiers already waiting for us behind the barrier. I saw three soldiers standing in the armored post by the fence. Two had tear-gas and “rubber-bullet” launchers, and between them stood a sniper with a “Two-Two” rifle (Ruger). About 10 minutes after we got there, I went with a group of about 10 protesters up to two meters from the barrier, to provoke the soldiers. Some of the guys threw stones. I heard one of the soldiers call my name. I don't know how he recognized me. He said, "Tamimi, go away." The guys shouted and swore at the soldiers, and the soldiers threw some stun grenades to scare them and drive them away. Then they fired some more stun grenades, which landed far from us. We moved away because of the smell of the gas. Just then, a military jeep drove in through a gate in the barrier, and the soldiers in it fired a massive burst of tear gas canisters, dozens all at once. The gas spread over a large area and reached the crowd of protesters, who were more than 100 meters away from the barrier. I tried to get away from the gas and went along the dirt road the runs along the barrier. I was about 10 meters away from the soldiers when suddenly, the sniper fired a “Two-Two” bullet. I panicked and didn't know what to do. The guys and the journalists shouted at me, "Run away, run away, he's shooting at you." My cousin, Ousamah Tamimi, ran over to me and tried to get me out of the line of fire. While we were both trying to get away, the shooting of the “Two-Twos” resumed. I heard several shots. It's hard to tell exactly how many because “Two-Two” shots are muffled. One of the bullets hit Ousamah in the foot and he fell down. Then another bullet hit him in the right arm. He got up quickly and we both tried to run away. We ran for about 30 meters, and then Ousamah fell and couldn't get up. Some paramedics came over and gave him first aid, and then he was driven in a civilian car to hospital in Ramallah. After the shooting, the demonstration ended and everyone left. Later on, we went to see Ousamah in hospital. It turned his injuries didn't require hospitalization. The bullets that hit him went in and out. He was treated and discharged. God spared him, and he was saved by a miracle. I'm still in shock over what happened. In a testimony he gave B'Tselem field researcher Iyad Hadad on 3 April 2022, Ousamah Tamimi (26), a resident of a-Nabi Saleh, described being shot: The march reached its destination at around 2:00 P.M., and all the protesters stopped about 100 meters away from the barrier. Some officials made speeches against the occupation and the settlements. Three soldiers were standing in an armored post on the other side of the barrier, aiming rifles at the protesters. About 10 minutes after the speeches began, I was in a group of about 10 young guys who went towards the barrier. Some of us swore and shouted at the soldiers to provoke them. The soldiers fired tear gas canisters and threw stun grenades to disperse us. Some of the guys threw stones at the soldiers, who were in the armored post, and then they fired some tear gas canisters at us, so we moved away a bit. When the tear gas cleared again, we went towards the barrier, and then the soldiers threw a lot of tear gas canisters. Some of the guys backed off and ran away because of the gas. I ran with four other guys towards the barrier, because the wind was blowing the gas away from it. We were right up against the barrier because we thought the soldiers couldn't shoot at us at that angle. I saw my cousin ‘Ahed standing on the dirt road that runs along the fence. I heard one “Two-Two” shot and then I saw ‘Ahed running away. I ran over to her because I thought she'd been hit. She was about five meters away from me. When I got to her, she said she wasn't hurt. We tried to get out of the soldiers' firing range and the dirt road together, because we thought they were aiming at us. The soldiers were 20 meters away from us, at most. Suddenly, I felt a “Two-Two” fired by one of the soldiers hit me in the left heel. I tripped and fell. Meanwhile, the soldiers fired another “Two-Two” bullet that entered my right arm from behind and came out of the front. I got up and tried to run a few dozen meters, but fell again. A crew of paramedics ran over to me and gave me first aid. They bandaged my wounds, and someone took me to a private car that was waiting nearby and drove me towards Ramallah. On the way, near Bitunya, I was transferred to an ambulance that took me to the Palestine Medical Complex in Ramallah. I was put in the ER, examined and X-rayed. I was also given an IV and painkillers. The X-rays showed that the two bullets didn't cause any fractures and had gone in and out and didn't stay in my body. I was released two hours later for further rest at home.

29 May 2022

No Accountability

2021 was the deadliest year since 2014, Israel killed 319 Palestinians in oPt; house demolitions: 5-year record, 895 Palestinians lost their homes

Unwilling and Unable Israel’s Whitewashed Investigations of the Great March of Return Protests In a joint report published today, the Palestinian Centre for Human rights (PCHR) and B’Tselem analyze the investigations Israel claims to have conducted following the Great March of Return protests, which were held for about a year and a half in the Gaza Strip as of March 2018. The report shows how Israel worked to whitewash the truth and protect the political and military officials responsible – instead of taking action against the individuals who devised and implemented the unlawful open-fire policy, which resulted in the killing of more than 200 Palestinians and the injury of some 8,000 others. Israel was quick to announce it is investigating the protests, primarily due to the proceedings underway at the International Criminal Court in the Hague. The reason for the announcement lies with one of the ICC’s guiding principles – the principle of complementarity, which means the Court will assert jurisdiction only when the state in question is “unwilling or unable” to carry out its own investigation. Once a state has investigated the incidents, the Court will not intervene. However, declaring an investigation is underway is not enough to stave off intervention by the ICC. The investigation must be effective, be directed at the higher-ranking officials responsible for devising and implementing the policy, and lead to action against them. Israel’s investigations in relation to the Gaza protests do not meet these requirements. They consist entirely of the military investigating itself and have not examined the unlawful open-fire policy regulations handed down to security forces or the policies implemented during the protests. Instead, they focus exclusively on lower-ranking soldiers and on the question of whether they acted contrary to these illegal orders. Moreover, while the protests were taking place, Israel’s Supreme Court heard petitions contesting the legality of the open-fire policy. The justices dismissed the petitions and allowed the military to continue employing this policy. However, it did not uphold the regulations being implemented in the field – as these were never presented to the Court. The Court only approved the regulations that the state claimed the military was following, ignoring the glaring disparity between the state’s claims and reality on the ground. By the time the petitions were heard, dozens of protesters had been killed and almost 2,000 injured. The military law enforcement system has fallen short of fulfilling even the limited role assigned to it – investigating “exceptional incidents” only. The military arbitrarily decided to investigate only cases in which security forces had killed Palestinians, providing no explanation for this decision. The thousands of incidents in which Palestinians were injured – some so gravely they were left paralyzed or had to undergo amputations – were left uninvestigated. The number of people wounded in these protests is almost unfathomable: a total of 13,457 Palestinians, 8,079 of them wounded by live fire, 2,424 by rubber-coated metal bullets, and 2,954 by tear gas canisters that hit them directly. Of the wounded, 155 suffered injuries resulting in amputation. None of these injuries is being investigated. According to figures the IDF Spokesperson supplied B’Tselem, as of 25 April 2021, the General Staff Mechanism for Fact-Finding Assessments had received 234 cases in which Palestinians were killed. This figure includes Palestinians who were killed during the period in which the protests were held, but with no connection to them. The Mechanism completed its review in 143 of these cases and transferred them to the Military Advocate General (MAG) Corps. The MAG ordered the Military Police Investigation Unit (MPIU) to investigate 33 of the cases, as well as three other cases not handled by the Mechanism. In four cases, the investigation was closed with no action taken. The MAG opted not to criminally investigate 95 cases in which the Mechanism had completed its review, and closed the files with no further action. All other cases transferred to the MAG are ongoing. Only one MPIU investigation – into the killing of 14-year-old ‘Othman Hiles – resulted in an indictment being filed against a soldier. He was convicted in a plea bargain of the minor disciplinary offense of “abuse of authority to the point of endangering life or health” and sentenced to one month’s military community service. Government-level officials, the Attorney General, the Supreme Court judges, the MAG and other senior military officials are responsible for devising the unlawful open-fire policy and for its implementation. They are the ones who should be investigated and held accountable for its lethal outcomes. The investigations conducted by Israel are no more than a smokescreen designed – according to Israel – to protect the officials responsible from the ICC. In fact, they prove the opposite: that Israel is unwilling and unable to investigate the human rights abuses carried out by its security forces during the Great March of Return protests in the Gaza Strip. Considering this, the responsibility to ensure accountability for these violations now lies with the ICC.

2 December 2021

No Accountability

Unwilling and Unable

A joint report by the Palestinian Centre for Human rights (PCHR) and B’Tselem which analyzes the investigations Israel claims to have conducted following the Great March of Return protests, which were held for about a year and a half in the Gaza Strip as of March 2018. The report shows how Israel worked to whitewash the truth and protect the political and military officials responsible – instead of taking action against the individuals who devised and implemented the unlawful open-fire policy, which resulted in the killing of more than 200 Palestinians and the injury of some 8,000 others.

2 December 2021