Demonstrations

13 Palestinians killed by Israeli security forces in West Bank since Operation Protective Edge began: Excessive use of live fire suspected

Since Operation Protective Edge began on 8 July 2014, Palestinians throughout the West Bank have held strikes, rallies, processions and demonstrations to show support for residents of Gaza and to protest the military's actions. At some demonstrations, Palestinians threw stones and Molotov cocktails at Israeli security forces and burned tires; at one demonstration in Qalandia, Palestinians fired live ammunition. Initial investigations by B'Tselem's field researchers found that in many cases, Israeli security forces responded with live fire. Initial information obtained by B'Tselem raises suspicion that senior commanding officers in the West Bank permitted security forces to use live fire as a means of crowd control, even in clashes with unarmed stone-throwers and in circumstances that posed no mortal risk to anyone.

According to our initial investigation, since 8 July, 13 Palestinians have been shot and killed by security forces in the West Bank, most of them in demonstrations and clashes. Another Palestinian was shot and killed by a settler:

  1. At approximately 5:45 A.M on 14 July 2014, nine young men, residents of the village of a-Samu' in Hebron District, drove over to the entrance to their village. The entrance is near Route 317 – a road used by Israelis and Palestinians. Our investigation indicates that the young men came to that spot with the intention of throwing stones at passing Israeli vehicles. Soldiers stationed at an ambush laid at the junction by the entrance to a-Samu’ fired lived ammunition at them, killing 20-year-old Munir al-Badarin. The soldiers then pursued the rest of the young men, who fled, and fired rubber-coated metal bullets and tear gas at them. The IDF Spokesperson stated in a response to the incident published in Israeli daily Haaretz that a troop of reservists initiated suspect apprehension procedure after they saw three masked individuals approaching the road carrying stones and bottles of paint; although the soldiers fired at al-Badarin's legs, he was hit in the waist and died.

  2. On 21 July 2014, five young men headed over to the northern entrance to a-Ram, a neighborhood in al-Quds District. Our investigation indicates that they were going there with the intention of throwing Molotov cocktails at Israeli security forces patrolling the area. When the youths noticed a military jeep, they fled and the jeep pursued some of them. One of the young men said that in the course of the pursuit, Mahmoud a-Shawamreh, 21, of a-Ram, tried to lob a Molotov cocktail at the troops and they fired live ammunition at him. A-Shawamreh was hit by three bullets and died.

  3. On the night of 22 July 2014, clashes took place on the main road of Husan, Bethlehem District, between local residents and Israeli security forces. At the time, Mahmoud Hamamreh, a 32-year-old village resident, was working at his nearby grocery store. He did not take part in the clashes. Hamamreh was occupied with carrying goods into his store. At approximately 11:00 P.M., while standing outside the shop, he was hit in the chest by live ammunition. The IDF Spokesperson stated in a response to the incident published on Israeli news website Ynet that soldiers at the scene had responded by firing rubber-coated metal bullets at some fifty Palestinians who were throwing stones and Molotov cocktails.

  4. After Mahmoud Hamamreh's funeral ended, early on the morning of 23 July 2014, clashes with security forces restarted in Husan. At approximately 7:00 A.M., Muhammad Hamamreh, a 20-year-old local, was shot in the head. He appears to have been taking part in the clashes.

  5. At approximately 10:00 P.M. on 24 July 2014, demonstrators left al-Am'ari Refugee Camp, Ramallah District, and headed towards Qalandia Checkpoint. According to estimates published by the media thousands took part in this demonstration. Most of the demonstrators went as far as the outskirts of Qalandia Refugee Camp and remained near the camp, whereas several hundred young men went further, reaching an area approximately 50 meters away from the checkpoint. They then proceeded to throw stones and Molotov cocktails at it. During the clashes, some Palestinians fired live ammunition. Israeli security forces responded with live fire. Muhammad al-A'raj, a 17-year-old from Qalandia was killed when he was hit by three live bullets to the head, hand and chest. Our initial investigation indicates that al-A’raj was unarmed. To the best of B'Tselem's knowledge, the live fire was not preceded by the use of crowd control measures.

  6. On 25 July 2014, at midday, a large demonstration was held in Beit Umar, a village in Hebron District. The demonstrators walked in a procession that left from the 'Asidah Mosque in the village after noon prayers. Several young villagers tried to approach a military tower located approximately 200 meters west of the mosque, in order to throw stones at it. Soldiers standing by the tower opened live fire at the crowd of demonstrators, killing Hashem Abu Mariyah, a 47-year-old local who was taking no part in the stone-throwing and was standing close to the mosque. Abu Mariyeh managed the Hebron offices of Defence for Children International-Palestine.

  7. In the same demonstration, 30-year-old Sultan Za'aqiq, also of Beit Umar, was killed by when hit in the chest by live ammunition. Za'aqiq, too, was standing by the mosque and was not by the military tower.

  8. In the same demonstration, 36-year-old 'Abd al-Hamid Baraghith, also of Beit Umar, was killed by live bullets to his back and leg while trying to help the wounded Sultan Za'aqiq.

  9. On 25 July 2014, 26-year-old 'Eid Fdeilat left his home in al-'Arub Refugee Camp, Hebron District. He wanted to join his brothers who were waiting for him across the road so they could all go break the daily Ramadan fast together at the evening iftar meal. Clashes were taking place at the time between locals and Israeli security forces at the entrance to the camp, about 150 meters away from Fdeilat’s home. There were four soldiers near his home who were not letting people pass due to the clashes, and they would not let Fdeilat cross the road to reach his brothers. A confrontation ensued, during which a soldier fell to the ground and Fdeilat fled. As he ran, soldiers fired live ammunition at him. He was killed by bullets to his back and shoulder. According to an IDF Spokesperson’s response to the incident published in Israeli daily Haaretz, Fdeilat had attempted to snatch the weapon of one of the soldiers.

  10. On the night of 25 July 2014 there were clashes at the entrance to Beit Fajar, Bethlehem District, with residents throwing stones at Israeli security forces. 15-year-old Nasri Taqatqah of Beit Fajar was killed by a bullet to his chest.

  11. On 25 July 2014, after Friday prayers, demonstrators left in a procession from the mosque in Huwarah, Nablus District. On their way, the demonstrators encountered settlers in a vehicle and one youth threw stones at it. One of the passengers responded with live fire, which killed Khaled 'Odeh. Clashes then ensued between the demonstrators and security forces. The latter responding with live fire, killing 21-year-old a-Tayeb Saleh Shihadah
    of Huwarah, who was struck in the head by a bullet. According to a Border Police response regarding the incident published in Israeli daily Haaretz, Border Police forces had hit a demonstrator who had thrown firecrackers at them from close range during the clashes there.

  12. On 26 July 2014, several thousand demonstrators walked from the city of Jenin towards Jalameh Checkpoint. Soldiers at the checkpoint prevented the demonstrators from reaching it and the procession halted 200 meters away. Young men threw stones and Molotov cocktails at the checkpoint from that spot. The soldiers responded by firing tear gas, rubber-coated metal bullets and live ammunition, killing Basem Abu a-Rub, 20, of Qabatiyah.

  13. On 29 July 2014, 21-year-old 'Alaa Zghaiar, of Idhna, died of wounds he sustained from live ammunition that struck him in the abdomen on 20 July 2014. B'Tselem is investigating the incident.

In addition, B’Tselem’s initial information indicates that since the military operation in Gaza began, at least 577 Palestinians were wounded in the West Bank by shots fired by Israeli security forces. This number includes at least 388 – approximately two-thirds – who were hit by live fire. Three Palestinian wounded by live ammunition are in critical condition. Most of the individuals wounded by live fire were struck in the lower torso and limbs.

Palestinians who attended demonstrations reported sniper fire and frequent use of 0.22-inch-caliber bullets (also known as Ruger rifle ammunition), which are live ammunition. In July 2009, the military informed B'Tselem that "the Ruger and similar means are not classified by the IDF as means for dispersing demonstrations or public disturbances". At least 167 Palestinians were wounded by rubber-coated metal bullets. As the people who sustained light injuries from these bullets were largely treated on the spot and not taken to hospital, no full count exists (the figures do not include injuries caused by inhaling tear gas).

The enormous number of persons wounded by live fire is cause for concern that security forces made excessive use of lethal means to disperse demonstrations and clashes, in circumstances that posed no mortal danger to security forces or any other individual. Eyewitness reports of sniper fire are compatible with the figures indicating that most wounds from live ammunition were to the lower torso and limbs. While these findings indicate an effort to avoid lethal injury, the very use of live fire, precise as it may be, greatly enhances the risk of loss of life and cannot be justified if the lives of security forces are not at risk.

The military’s preparation, which included stationing snipers, indicates that the decision to use live fire for crowd control was made in advance by high-ranking officers; it was not a choice made by forces responding to developments in the field. The decision to prefer live fire over crowd control measures is unlawful and endangers unarmed demonstrators. Security forces have less dangerous means at their disposal which are designed for dealing with demonstrations and stone-throwing targeting soldiers. The use of lethal ammunition in such cases is permissible only in extreme circumstances of mortal danger and if no other reasonable alternative is available.

Updates:
  • regarding the killing of Basem Abu a-Rub: On 3 August 2014, the MAG Corps informed B'Tselem a limited investigation had been launched into the incident. On 15 July 2015, the MAG Corps informed B'Tselem the case had been sent to a military prosecutor for review. On 15 March 2021, the MAG Corps informed B’Tselem that the case had been closed without an indictment. On 29 March 2022, the Israel Police informed B’Tselem that the investigation had been closed. 
  • regarding the killing of Muhammad Hamamreh: On 29 March 2022, the Israel Police informed B’Tselem that no investigation would be launched. 
  • regarding the killing of Muhammad al-A'raj: On 29 March 2022, the Israel Police informed B’Tselem that no investigation would be launched. 
  • regarding the killing of a-Tayeb Shihadah: On 29 March 2022, the Israel Police informed B’Tselem that the investigation had been closed. 

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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

עשן מצמיגים שהבעירו מפגינים פלסטינים מיתמר מעל המאחז אביתר. צילום: אמיר כהן, רויטרס, 23.6.21

Open-Fire Policy

Nine months of protesting a new outpost : seven killed and dozens injured in the town of Beita

In May 2021, Israel established a new settlement, known as the Evyatar outpost, on land belonging to the towns of Beita and Qabalan and to the village of Yatma atop Mount (Jabal) Sabih. The move was carried out by the settler movement Nachala, with the assistance of the Samaria Regional Council and the military's consent. Settlers previously tried to take over the land by establishing an outpost in 2013, 2016 and 2018, but the Civil Administration was quick to demolish the structures every time. This time, Israel left the outpost in place. The outpost controls an area of 36 dunams [1 dunam = 1,000 sq. meters], according to a calculation commissioned from Kerem Navot by B’Tselem. It partly covers private Palestinian land and partly land Israel considers "survey land." The outpost includes about 50 permanent structures, a playground, a synagogue, a religious study hall, a grocery store, a power grid and fully-paved roads. According to the outpost's Facebook page, it was established in order to create a wedge between the town of Qabalan and the village of Yatma, to the south of Route 505, and the town of Beita to the north. In early July 2021, the outpost was evacuated after the settlers signed an agreement with the government. Under the agreement, all the structures in the outpost would remain in place and the settlers living in them would leave, while the government examined the status of the land. If it transpired that the outpost could be "legalized," some of the settlers would be able to return, and a military yeshiva program (hesder) would be established there. As part of the agreement, the military maintains a permanent presence at the outpost. Even prior to a decision regarding "legal" approval of the outpost, and ever since it was established, the military has prevented Palestinian farmers from accessing hundreds of dunams of their land adjacent to it. This restriction affects about 80 families of farmers from Beita and Yatma. In August 2021, the Israeli High Court of Justice denied a petition filed by the Palestinian landowners against the establishment of the outpost, on the grounds that land ownership in the area was still under examination. The examination was completed, according to media reports, in October 2021. In recent weeks, the media have reported that the state is considering a "compromise" according to which the yeshiva that was dismantled in the outpost of Homesh will be rebuilt in Evyatar. Just before the end of his term, the outgoing attorney general approved the "land survey" results and expediting planning procedures at the site. The government can now, according to its logic, go ahead with “legalizing” the outpost and founding the yeshiva there. The town of Beita, on whose land the outpost was established, lies south of the city of Nablus and is home to some 9,000 Palestinians. Since the outpost was established, the town residents have been protesting the takeover of their land. They hold nightly demonstrations on the outskirts of the town, as well as mass protests on Fridays, which include a march towards the outpost with hundreds, and sometimes thousands, of participants. Prayers are held at the beginning of each protest, usually followed by clashes in which young Palestinians light tires and throw stones at Israeli security forces. The latter violently suppress the protests with massive amounts of tear gas – scattered also from drones and jeep-mounted launchers – and fire rubber-coated metal bullets, sponge rounds and live ammunition, including 0.22-inch caliber bullets (Two-Twos) issued by snipers. To date, seven residents of Beita have been killed over the course of the demonstrations or in close proximity to them. In addition, according to UN figures1, about 180 people have been injured by live fire, another 1,000 or so by "rubber" bullets and sponge rounds, and more than 4,200 have suffered from tear gas inhalation. Another Beita resident was killed near the town's water mains. A resident of Yatma was killed during a demonstration against the establishment of the outpost held in his village. In addition to implementing a lethal open-fire policy, Israeli security forces have arrested dozens of town residents since the protests began. To wear down the protesters, the military closed off the main entrance to the town for a month and a half, and military bulldozers blocked and dug up agricultural roads leading to the demonstration flashpoints, damaging about a kilometer of agricultural terraces and some 2,000 trees about a kilometer away from the outpost. The deputy council head of Beita told B'Tselem that Israel revoked the work permits of about 150 residents. Soldiers also used severe violence against Israeli protesters who came to the demonstrations to show solidarity with the Palestinian protesters, and arrested them on false pretenses. Evyatar was established on Palestinian land – not on the private initiative of several settlers, but as part of Israel's settlement policy in the West Bank, with the full cooperation of all the relevant Israeli authorities. However, the state is not content with appropriating the land and building a settlement there. It also insists on forbidding the Palestinian residents from protesting these acts and forcibly prevents any attempt at resistance — including with lethal force. Let us reiterate: the establishment of settlements is illegal under international law, and the International Criminal Court in the Hague is currently investigating Israel’s policy on the matter. Israel's choice to prevent area residents from protesting the establishment of Evyatar, to implement a lethal open-fire policy in circumstances that do not endanger soldiers' lives, and to uphold this policy even after its fatal outcomes have become clear – adds insult to injury. * Database on the protection of civilians of the UN Office for the Coordination of Humanitarian Affairs (OCHA). B'Tselem field researcher Salma a-Deb'i collected the following testimonies from people who witnessed the killing or wounding of town residents during the protests: 10 December 2021: The killing of Jamil Abu 'Ayash, 32 On Friday, 10 December 2021, at around midday, Beita resident Jamil Abu ‘Ayash (32) arrived at the area where the demonstration was taking place that week. The site is known as al-Hutah and lies about 700 meters from the Evyatar outpost. At around 2:30 P.M., Abu ‘Ayash was shot by a soldier from a distance of 200 meters away, while holding a slingshot. In a testimony he gave on 12 December 2021, A.S. (33), a resident of Beita who was at the scene, recounted: At around 2:20 P.M., I was standing talking to some young guys. There were a lot of soldiers and Border Police officers on the hill opposite us, firing tear gas canisters and "rubber" bullets. About 10 soldiers were standing about 200 meters away from us. The young guys who were throwing stones at them were very far away from them, and the stones didn't even reach them. I saw that two soldiers joined them. They advanced, and one of them lay down on the ground in a sniping position. Then he got up, they drew back, and the same thing happened again. After 10 minutes, I saw Jamil Abu 'Ayash pass by us and stop about 50 meters ahead. He was holding a slingshot. Only a few minutes passed, and then one of the two soldiers, who was in front and lying on the ground, opened fire. I heard several shots, one after the other. We all ducked or lay flat on the ground. As soon as I raised my head, I saw Jamil lying on the ground and heard the guys shouting. Some of them picked him up, and at the same time, soldiers fired a lot of tear gas at the area. Jamil's head and face were covered in blood. He was taken to an ambulance and then to hospital in Nablus. I drove to the hospital, and the doctors there told me that he'd lost part of his brain. In that kind of situation, when a guy is critically injured, 80% of the protesters leave the demonstration and go to the hospital, and that's how the soldiers manage to stop the demonstration. S.H. (29), a resident of Beita, arrived at around midday to the prayers, from which the weekly demonstration set out half an hour later. In a testimony he gave on 15 December 2021, he described what happened: When we got to the area called al-Hutah, we saw a lot of soldiers spread out on the hill. There were seven or eight soldiers opposite us, about 150 meters away. They were firing a lot of tear gas and some "rubber" bullets. There were two military jeeps next to them, and soldiers inside them were firing tear gas from launchers. The young guys started throwing stones at the soldiers. At around 2:30 P.M., I saw two soldiers about 200 or 250 meters away from us. One of them was lying on the ground, and the other was showing him where to aim. We hid behind a stone wall. After a few minutes, the soldier took up a sniping position again. We sat down on the ground. I saw Jamil Abu ‘Ayash coming. I hadn't seen him at the demonstration earlier. I told him to sit down and watch out, and then I heard a single shot and he fell over. He was a meter away from me. When I headed over to him, the soldier fired again and hit the stones in the terrace. I kept going towards Jamil. He had an entry wound in his forehead, with an exit wound at the back of the head. We picked him up and carried him about 500 meters to an ambulance that was waiting there. Border Police officers ran after us a bit and fired dozens of tear gas canisters in our direction. Because the military dug up the roads leading to the hill, the closest the ambulance could get to us was 500 meters. I later found out that he’d been killed. He was buried that day in the village cemetery. 24 September 2021: The killing of Muhammad Khabisah, 28 On Friday, 24 September 2021, at around midday, several hundred residents of Beita and of nearby villages set out for the weekly prayers and demonstration. After the prayers, some of the residents advanced about 800 meters towards the outpost, where they burned tires and threw stones at members of the security forces, who fired tear gas canisters and "rubber" bullets at them. Muhammad Khabisah (28), a resident of Beita, joined the stone-throwers. At around 3:00 P.M., Khabisah and several young people were sitting under an olive tree near the site of the demonstration. Several dozen meters away, a group of young men were throwing stones at security forces, who were sheltering behind a stone wall and occasionally stood up to fire tear gas canisters and "rubber" bullets at the young men. About half an hour later, a member of the security forces lay down in front of the wall and fired several live shots, hitting Khabisah in the head. He was taken to hospital, where the doctors failed to resuscitate him. In a testimony he gave B’Tselem over the phone on 11 October 2021, Khabisah's friend 'A. (21) related what happened that day: On Friday, 24 September 2021, we went to the prayers before the demonstration. After that, we set out towards the outpost, which is about 800 meters away. The soldiers were spread out in groups of three to five. We got near them. I was with Muhammad Khabisah and other young guys, and they were throwing stones at the soldiers. The soldiers fired tear gas and came towards us, and then we drew back, then we went ahead again, and so on. The soldiers also fired "rubber" bullets, and a few young guys that I didn't know were hit. Later, at around 3:30 P.M., Muhammad and I were resting with about six other young men under an olive tree. About 20 or 30 young men were throwing stones at three or four soldiers who were behind an agricultural wall. The soldiers fired live rounds, but they didn't hit any of us. We were calm, because the guys who were throwing stones were several dozen meters away from us and the soldiers were about 150 meters away from us, behind the young men. Then one of the soldiers lay down on the ground in front of the wall. One of the young guys warned us to watch out for him and said he might be about to kill someone. A few minutes later, I heard four or five shots. I ducked and after the shooting stopped, I raised my head. I saw Muhammad Khabisah lying on his side. I lifted his head and felt something move in his skull and his blood covering my hand. I shouted, "Muhammad!" The guys and I picked him up, but after a few meters I couldn't go on. I couldn't believe what happened. Y.H. (22), a resident of Beita, arrived at the demonstration around noon. In a testimony he gave on 11 October 2021, he recounted: At around 3:00 P.M., I sat down with some guys under an olive tree, about 50 meters away from the guys who were throwing stones, and about 150 meters away from three soldiers who were hiding behind a stone wall. When one of the soldiers wanted to fire tear gas or "rubber" bullets at the stone-throwers, he'd pop up behind the stones, shoot and duck back down. One of the guys said he was thirsty and that there was no water. Muhammad Khabisah, who was leaning against the tree trunk, called his cousin and asked him to bring water, but he didn't come in the end. After about half an hour, I saw a soldier lie down on the ground. I told the guys he was going to kill someone. Muhammad said we were far away from him. Only a few minutes passed, and then I heard four or five live shots. I ducked because it sounded close. When I raised my head, I saw Muhammad lying on the ground on his left side. I shouted, "Someone’s been hit, someone’s been hit." We went over to him and tried to pick him up, and some young guys came running and helped us. They took him from me. He was bleeding a lot from the back of his head and wasn't moving. They took him to an ambulance that was there, which took him to hospital. 6 August 2021: The killing of ‘Imad Dweikat, 38 On Friday, 6 August 2021, at around midday, about 700 residents of Beita and the nearby villages set out for the weekly demonstration against the outpost. At around 3:00 P.M., security forces fired at the protesters from 200 to 300 meters away, hitting Beita resident 'Imad Dweikat (38) in the chest while he was drinking a cup of water. Dweikat was taken to hospital, where he was pronounced dead soon after. J.D. (45), a resident of Beita, went to the prayers and the following demonstration with his brother (49). In a testimony he gave on 12 August 2021, he recalled: When we arrived, there were already 600 to 700 residents there. Some of them have deeds to the land that the settlers took over. Some of the residents went as far as 700 meters from the outpost. The soldiers were spread out in groups of five or six at the foot of the hill, and they were heavily firing tear gas canisters and throwing stun grenades. After that, they also fired "rubber" bullets. Several residents were injured, including my brother, who was hit in the leg by a "rubber" bullet while trying to give first aid to another resident, who had been hit by a "rubber" bullet in the knee. Even though he was hurt, my brother didn't leave to get treatment. I saw more residents being hit by "rubber" bullets and choking on the gas. At around 3:15 P.M., things calmed down a bit. My brother and I moved several dozen meters away from the clashes along with some other guys. We sat down under an olive tree and made coffee. Two ambulances were parked 20 meters away from us, and the soldiers were about 300 meters away from us. Things were quiet. Suddenly, I heard a shot. I looked over at the young guys who were throwing stones and saw one of the residents saying, "It can't be" and running in the opposite direction from the clashes. I saw someone lying on the ground and bleeding from the nose and mouth. Some young guys picked him up while shouting his name, 'Imad Dweikat. I realized it was a relative of mine. A little later, I learned he was dead. The news devastated me. He was very far away from the clashes. He was a father of four girls. The eldest is 10 and the youngest is a month and a half old. He worked hard to support his little children, and his whole life was devoted to his family. I was very saddened by his death. K.B. (31), a resident of Beita, also went to the prayers and the demonstration at around noon. In a testimony he gave on 22 August 2021, he related: At around 3:15 P.M., I was far away from the young guys who were throwing stones. Two ambulances were standing a few meters away from me, on standby to evacuate wounded people. I spoke with 'Imad, and then a guy went by carrying small cups of water with a lid. 'Imad took a cup, opened it and started drinking, and then he fell face down on the ground. He was two meters away from me. I thought he'd passed out from sunstroke. I turned him over on his back and saw that he was bleeding from the nose and mouth and had blood on his shirt. I screamed as hard as I could, "There's a wounded man here, guys!" and then several guys ran over and helped me carry 'Imad to one of the ambulances. I was shocked by what happened. I didn't hear any shots. 'Imad didn't do anything. He was just drinking water and was very far from the guys at the front of the demonstration, some of whom were throwing stones. The soldiers were about 200 to 300 meters away from us, and we were 70 to 80 meters away from the guys who were throwing stones. I thought I was a strong guy, who doesn’t get easily rattled, but what happened shocked me. A man standing next to me and talking to me was shot while doing nothing but drinking water. 16 June 2021: The killing of Ahmad Bani Shamsah, 15 On Wednesday, 16 June 2021, at around 5:30 P.M., several young men, including Ahmad Bani Shamsah (15), went to the area of Jabal Sabih to prepare tires for lighting at the nightly demonstration held at the spot. The young men went up to several hundred meters from the outpost, and about 150 meters from several settlers and a soldier who were in the area. Bani Shamsah hung a Palestinian flag on one of the olive trees and started to run away. At that point, a soldier shot him, hitting him in the back of the head. Bani Shamsah died of his wounds the following day. His friend, M.H. (16), recounted in a testimony he gave: The other young guys and I decided to go a little further to see where the soldiers were. We wanted to wave the Palestinian flag as close to them as possible, to provoke them. We walked up to about 500 meters from the outpost. We saw about 10 settlers and a soldier about 150 meters away from us. My friend, Ahmad Bani Shamsah, hung a Palestinian flag on an olive tree, and we started to shout "Allahu Akbar." That's what we always do when the soldiers see us, and also to let everyone know there are soldiers around. The soldier fired several shots in our direction, and we all ran away. I heard Ahmad say he'd been hit. I stopped and looked around, and saw him lying on the ground 10 meters away. I went over to help him, but then the soldier fired at me. I moved away and hid behind a boulder. Meanwhile, another young guy arrived and the two of us decided to go ahead together to pick Ahmad up. When we reached him, he was bleeding heavily from his head. More guys came and helped us take him to a nearby car, and from there an ambulance took him to hospital. I got into a car to go to the hospital, but I was so shocked that I asked the driver to take me home. At home, I waited to hear news about Ahmad, even though I knew he was dead. It took a few days to get my appetite back. I lost two friends in less than a week – Ahmad and Muhammad Hamayel. It's hard and incredibly cruel. 14 May 2021: The killing of 'Issa Barham, 40 The first demonstration by Beita residents against the establishment of the Evyatar outpost was held on Friday, 14 May 2021. Soldiers who were spread out on the hill fired tear gas canisters and "rubber" bullets, and later live ammunition, at the protesters, some of whom threw stones at the soldiers from hundreds of meters away. Several residents were injured by live fire. 'Issa Barham (40), a resident of Beita, arrived to help evacuate the wounded people. He was shot in the chest from a distance of about 70 meters away, while standing by his car. In his testimony, 'Issa's relative A.B. (41) described what happened: On Friday, 14 May 2021, at around 1:30 P.M., I went to the demonstration on Jabal Sabih, south of the village, against the establishment of the Evyatar outpost. I saw about 10 soldiers and seven or eight settlers standing far away from them. The soldiers were standing watching from afar, firing tear gas canisters and throwing stun grenades even before we got near them. We were about 300 meters away from the soldiers, and the stones that the guys were throwing didn't even reach them. The soldiers fired live bullets at us and injured several residents, all in the upper body. The ambulances took two of the wounded people way, but when more people got injured, we asked residents to take them away in private cars. I saw a relative of mine, 'Issa Barham, arrive in his car from the direction of the village. I asked him, "What brought you here?" and he answered, "Where are the wounded people?”. He immediately turned his car around, so he could drive away quickly. I told him, "The wounded people were taken in the Mashtubah (unlicensed vehicle) of one of the residents, because that's what we had here." 'Issa parked the car, got out and stood next to it. Then I saw one of the soldiers crouch in a sniping position and fire at us. At that point, things had already calmed down and were quiet. Everyone was busy with the wounded people or waiting to hear news about a critically injured resident. It never occurred to me that the soldier would shoot. Suddenly, I heard a single shot and saw 'Issa fall backwards. I ran over to him and when I took off his clothes, I saw blood in the center of his stomach. The guys and I called an ambulance, picked him up, carried him a short distance and put him in an unlicensed car that was there so he could be taken to hospital. A short while later, the car drove off and met an ambulance that took 'Issa away. I got into my car right away and drove to the village clinic, because I thought the ambulance had taken 'Issa there, but I didn't find him there. I was told he’d been transferred to hospital in Nablus. When I got to the hospital, I was told 'Issa had been killed. It was a terrible shock. A man who came to help the wounded was shot and killed. He was a prosecutor at the district attorney's office, and a father of four children between the ages of 1.5 and eight. He was a wonderful man. The whole town loved him. He helped everyone and was a kind person. R. (36) went to the prayers and to the following demonstration. In a testimony he gave over the phone on 9 June 2021, he related: Several residents were critically injured by the soldiers' gunfire, one after the other, all in the upper body. We had trouble evacuating the many wounded people, and some were taken away in private cars. People were called over the mosque's loudspeakers and on social media to come and help drive the wounded people to hospital in private cars. I saw 'Issa Barham standing with his hand in his pockets. His clean, neat clothes made it clear that he wasn’t a man who was taking part in the clashes. He was standing and watching the young men from a distance. I was about 15 meters away from him, and the soldiers were 70 to 80 meters away. Suddenly, I saw him fall down. The young men ran over to him, picked him up and carried him to one of the cars. I got into the car with him, along with some other guys. I slapped him to wake him up, but he didn't wake up. I lifted the clothes off his stomach and saw that he was bleeding. We met an ambulance after about 50 meters, and he was put in it. A short while later, it was announced he’d been killed, and most of the residents went back to the village to attend the funeral and support his family. 25 June 2021: The injuring of Samer Khabisah, 18 On Friday, 25 June 2021, at around midday, Samer Khabisah (18) from Beita arrived at the prayers ahead of the weekly demonstration. In a testimony he gave on 25 October 2021, Khabisah related that during the prayers, soldiers were already firing tear gas canisters at the residents with a drone. He went on to describe what happened during the demonstration: The soldiers split up into groups of eight or so, and continued to throw stun grenades and fire tear gas canisters at us. The young guys hurled the stun grenades back at them and threw stones at them. Several residents were hurt by inhaling the gas. At some point, I joined the young guys and covered my face with a shirt because of all the gas. I saw a military jeep come from the direction of the outpost and stop, and the young guys started throwing stones at it. I also saw four soldiers 30 to 40 meters away from the jeep, firing live bullets at the young guys. Then I blacked out. I woke up at al-Istishari Hospital in Ramallah, after 12 days in the ICU. I couldn't move or talk. I didn't understand what was happening or why I was there. I later found out I'd been hit in the face by live fire and that I had a lot of shrapnel lodged in my head. Even after five operations, the doctors didn't manage to get all of it out. I was in hospital for 35 days, 22 of them in the ICU. The whole time, I couldn't breathe, and they made a hole in my neck instead. I couldn't eat or talk, either. They put a device in my jaw to set it, and part of my tongue was amputated. After I was discharged, I only ate ground food through a straw. I only have eight teeth left and they still have to be set, too. I've had three operations, and I'll have to go through a few more. My doctor says it'll take at least two years to complete the treatment. I need a bone graft in the lower and upper jaw and a dental implant. I've been having speech therapy for three months, because I couldn't utter words or even syllables after I was injured. People didn’t understand what I was saying, and I had to repeat things several times for them to understand. My plan was to go to America and work for my uncle. I wanted to get to know other places. I've never traveled or left the West Bank. Now, I'm no longer sure I can travel. My whole life has been disrupted. 5 November 2021: F.M. (19) injured in the eye by a "rubber" bullet On Friday, 5 November 2021, at around 1:30 P.M., F.M. (19) from Beita arrived at the weekly demonstration, which was attended by several hundred people. In a testimony he gave on 25 November 2021, he described losing his eye from being hit by a "rubber" bullet: When the demonstrators were 150 to 200 meters away from them, the soldiers started firing tear gas canisters. They fired 15 or 20 canisters and most of the guys dispersed. Some of them grabbed the tear gas canisters and threw them back at the soldiers. It went on like that for about half an hour. The soldiers also fired "rubber" bullets, but no one was hurt. The other young guys and I went towards the soldiers, reaching up to about 100 meters from them. One of the soldiers kept heading towards us and then backing away. I was afraid he'd shoot at us, so I hid with a few other guys behind a dirt mound that the soldiers put there to stop the protesters from advancing towards the hill and the outpost. Every time, I threw stones and then went back to hiding behind the mound. I was looking at soldiers who were firing gas canisters that were landing far away from me when suddenly, I was hit in the left eye and started bleeding. I was sure I'd lost my eye. The guys picked me up and walked a long way to an area the ambulances could reach, because the military had dug up the land with a tractor and vehicles couldn't get there. I was taken in an ambulance to a-Najah hospital in Nablus, where I was treated and X-rayed. The doctor said the "rubber" bullet had penetrated my eye. After three hours, they operated on me and took the bullet out along with the eye. I was discharged the following afternoon. Now I need surgery at a hospital in Jerusalem to have a prosthetic eye put in. My mother is still crying. She can't believe I lost my eye. Right now I'm at home, and friends and relatives come to visit. I still don't know what my life will look like after the injury, without one eye. * * * Since the outpost of Evyatar was established on the land of Beita, Qabalan and Yatma, Israeli forces have killed nine Palestinians: ‘Issa Suliman Barham Barham A 40-year-old resident of Beita. Killed on 14 May 2021. Soldiers shot and wounded him in the abdomen while he was standing near his car, during a demonstration against the establishment of the outpost on town land. Died of his wounds a short while later. Investigation status: On 23 June 2021, media reports stated that an MPIU investigation had been launched. On 1 June 2022, the IDF Spokesperson informed B’Tselem that the case was still under investigation. Tareq ‘Omar Ahmad Snobar A 27-year-old resident of Yatma. Wounded on 14 May 2021 and died on 16 May 2021. Soldiers shot him in the chest while Palestinians were throwing stones at them at the entrance to the village of Yatma, to protest the establishment of the outpost and Israel’s operation in the Gaza Strip. Investigation status: On 3 June 2021, media reports stated that an MPIU investigation had been launched. On 18 November 2021, media reports stated that the case was still under investigation. On 1 June 2022, the IDF Spokesperson informed B’Tselem that the case was still under investigation. Zakaria Maher 'Abd al-Hamid Fallah A 25-year-old resident of Beita. Killed on 28 May 2021. Soldiers shot him in the chest during a demonstration against the establishment of the outpost on town land. Investigation status: On 23 June 2021, media reports stated that an MPIU investigation had been launched. On 1 June 2022, the IDF Spokesperson informed B’Tselem that the case was still under investigation. Muhammad Sa’id Muhammad Hamayel A 16-year-old resident of Beita. Killed on 11 June 2021. Shot by soldiers during a demonstration against the establishment of the outpost on town land. Investigation status: On 23 June 2021, media reports stated that an MPIU investigation had been launched. On 1 June 2022, the IDF Spokesperson informed B’Tselem that the case was still under investigation. Ahmad Zahi Ibrahim Bani Shamsah A 15-year-old resident of Beita. Wounded on 16 June 2021 and died on 17 June 2021. Soldiers shot him in the back of the head after he hung a Palestinian flag on a tree, in an area where Palestinians demonstrate against the establishment of the outpost on town land. Investigation status: On 23 June 2021, media reports stated that an MPIU investigation had been launched. On 1 June 2022, the IDF Spokesperson informed B’Tselem that the case had been sent to a military prosecutor for review. Shadi ‘Omar Lutfi Salim A 41-year-old resident of Beita. Killed on 27 July 2021. Soldiers shot him near the town’s water mains. The next day, metal plumbing tools were found on the spot. Salim, who was a plumber, had gone there several times before to fix the mains. He died of his wounds a short while later. Israel held his body until 10 August 2021. Investigation status: On 6 August 2021, media reports stated that an MPIU investigation had been launched. On 19 November 2021, media reports stated that the case was still under investigation. On 1 June 2022, the IDF Spokesperson informed B’Tselem that the case had been sent to a military prosecutor for review. ‘Imad ‘Ali Muhammad Dweikat A 38-year-old resident of Beita. Killed on 6 August 2021. Israeli security forces shot him in the chest from several hundred meters away, during a demonstration against the establishment of the outpost on town land. Investigation status: On 12 August 2021, media reports stated that an MPIU investigation had been launched. On 19 November 2021, media reports stated that the case was still under investigation. On 1 June 2022, the IDF Spokesperson informed B’Tselem that the case was still under investigation. Muhammad ‘Ali Muhammad Khabisah A 28-year-old resident of Beita. Killed on 24 September 2021. Israeli security forces shot him in the head during a demonstration against the establishment of the outpost on town land. Investigation status: On 1 June 2022, the IDF Spokesperson informed B'Tselem that an MPIU investigation had been launched. Jamil Jamal Ahmad Abu ‘Ayash A 32-year-old resident of Beita. Killed on 10 December 2021. Soldiers shot him in the head from 200 meters away during a demonstration against the establishment of the outpost on town land. Died of his wounds a short while later. Investigation status: On 24 December 2021, media reports stated that an MPIU investigation had been launched. On 1 June 2022, the IDF Spokesperson informed B'Tselem that the case was still under investigation.

28 February 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