East Jerusalem

Allowing the use of live ammunition against stone-throwers in East Jerusalem will have lethal consequences

The government seems hell bent on using force, and nothing but force, in East Jerusalem

According to media reports, Prime Minister Binyamin Netanyahu has asked Attorney General Yehuda Weinstein to authorize the use of live fire against stone-throwers in East Jerusalem. The request came after an incident in which Jerusalem resident, Alexander Levlovitch, was killed following suspected stone-throwing at his car and is meant to allow local police forces to shoot live 0.22 caliber bullets at Palestinian stone-throwers. These bullets, also known as Two-Twos or Ruger rifle bullets, have a lesser impact than “ordinary” live bullets, but may still be fatal or cause serious injury.

Based on experience gained over recent years in the West Bank, B'Tselem expects that AG approval for this move would not have the result desired by the government and rather than “restore order” to Jerusalem, it would exacerbate the cycle of violence with lethal results. It would also contravene recommendations made by the Or Commission, established to investigate the killing of Palestinian citizens in Israel by Israeli security forces in the fall of 2000. The commission stated that: “It must be unequivocally clarified that the police cannot use live fire, including sniper fire, to disperse crowds. Live ammunition is reserved for special situations… The guiding principle must be that a potentially lethal measures can only be used in situations of clear and immediate mortal danger”. Since the beginning of the year, security forces in the West Bank have killed three Palestinians using Two-Two bullets, during stone-throwing incidents in which members of the security forces were not in mortal danger. Four more Palestinians, two of them minors, were killed by “ordinary” live ammunition shot by security forces in similar incidents. These are seven of 20 Palestinians killed by security forces in the West Bank since the beginning of the year. Dozens of Palestinians have been injured by live fire during clashes of this kind, some of them sustained very serious injuries.

Sniper firing 0.22 bullets at stone throwers, a-Nabi Saleh, 5.12.2014, Photo: Haim Schwarczenberg
Sniper firing 0.22 bullets at stone throwers, a-Nabi Saleh, 5.12.2014, Photo: Haim Schwarczenberg

On top of the risk entailed in allowing the use of lethal weapons, experience gained through monitoring Two-Two use in the West Bank shows that the restrictions placed on using this type of ammunition get eroded over time, and the result is a constant expansion of the Two-Two use. Currently, snipers routinely fire Two-Two bullets at Palestinians in many flashpoint areas in the West Bank, in circumstances that are far removed from those in which the open-fire regulations permit the use of live ammunition. Contrary to official statements that the use of live ammunition is controlled and restricted, it appears that forces on the ground have little difficulty getting authorization to shoot at stone-throwers, even when the latter pose no danger to the troops. Snipers also sometimes fire at body parts which are prohibited by the regulations, increasing the risk of a fatality.

B'Tselem has warned for year that the way the military uses Two-Two bullets on the ground, as well statements made by the IDF spokesperson and military and border police officers, contradict official statements made by the Military Advocate General Crops that the orders governing the use of Two-Two bullets are extremely restrictive. The message soldiers on the ground actually receive from the military is that Two-Twos are not a dangerous, lethal weapon, but just another crowd control tool. This message defies the law and puts lives at risk.

The media has also reported today that the Cabinet has approved a police plan which includes the use of assault dogs and collective punishment against East Jerusalem residents, in an official bid to put pressure on them to restrain people from taking part in the clashes. These reports show that the government is bent on continuing to address the situation in East Jerusalem only by force. Israel has tried this method before, elsewhere. There is no doubt that law enforcement agencies must keep public order and protect residents, but the approach that has been taken is unlawful and immoral. It ignores the deep seated discrimination in East Jerusalem and the daily violations of the human rights of its Palestinian residents, while using increasingly violent measures against them.

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פאווזי עבייד על המרפסת שעליה נפגע מכדור הספוג. צילום: עאמר עארורי, בצלם, 4.3.20

East Jerusalem

Sponge round shooting in al-‘Esawiyah: Three minors injured. Israel Police “operation” continues

For about a year, the Israel Police has been conducting a harassment operation in the East Jerusalem neighborhood al-‘Esawiyah. As part of this campaign, many Border Police and Special Patrol Unit officers enter the neighborhood daily, for no apparent reason. Their very presence creates friction with the residents, including arguments and filming of police operations, and in some cases throwing of stones and shooting of fireworks at police officers. The police use these actions as justification for a violent response, which includes throwing stun grenades, firing sponge rounds, and physical assaults on residents. According to U.N. data*, since April 2019 100 neighborhood residents have been injured by sponge rounds. Firing of sponge rounds in the middle of a residential neighborhood can lead to grave and even fatal consequences. In order to prevent such consequences, the regulations restrict the use of this ammunition, prohibit firing it towards the upper body or at minors, and limit the minimal open fire range. Nonetheless, in recent years, hundreds of Palestinians in East Jerusalem have been injured by sponge rounds. The extensive documentation of these incidents has proven that police officers are either unable or unwilling to use this ammunition properly. Yet the Israel Police refuses to change its open-fire regulations or ban the use of this ammunition. The police also refrain from taking any significant action against those in the chain of command who are responsible for these injuries. This conduct is indicative of police policy, which supports and encourages this widespread tactic of deliberate and illegal firing at civilians. In three cases documented by B’Tselem in February and March 2020, three minors – 8, 9 and 16 – were injured by sponge rounds. One lost his eye as a result. All the testimonies were given to B’Tselem field researcher ‘Amer ‘Aruri. * According to the database on the protection of civilians in the United Nations Office for the Coordination of Humanitarian Affairs (OCHA). The injury of Malek ‘Issa (8), 15 February 2020: On Saturday afternoon, 15 February 2020, around 3:00 P.M., police vehicles carrying Border Police and Special Patrol Unit officers entered the East Jerusalem neighborhood of al-‘Esawiyah. Several officers went to a house that lies near the local elementary schools to arrest a couple who live there. After a verbal exchange, they agreed the couple would come to the station independently for interrogation. The officers began to leave the neighborhood. Meanwhile, traffic jams built up in the area, mainly as a result of the police presence. Around 3:45 P.M., eight-year-old Malek ‘Issa left the grocery store near his home. He began running home but after crossing the street, was struck in the head by a sponge round fired by a Border Police officer standing about 15 meters away. ‘Issa was rushed by car to a medical clinic in the neighborhood, then transferred to Hadassah Mt. Scopus Medical Center and from there to Hadassah Ein Kerem Hospital. He underwent surgery in his head and later in his left eye. Eight days later, he underwent surgery again and his eye was removed. According to media reports, the officer who shot ‘Issa claimed he had fired at a wall to “calibrate his sights”. A report five days after the shooting stated that the MPIU had questioned under caution two officers who were present at the incident, on suspicion that one of them was the shooter. Diaa’ Nasser (19) from al-‘Esawiyah was working in construction in his relative’s house near the grocery store. He went out to get some air and stood near where Malek ‘Issa was shot. In a testimony given on 16 February 2020, he recounted: I was standing in front of the grocery store when I saw Malek go inside, and then I saw his sisters crossing the street towards me. A few minutes later, Malek went out of the store and ran across the street, and then I heard a gunshot. I think it was a sponge round. I saw Malek fall down. He was about 10 meters away from me. I saw a member of the occupation forces wearing a belt with sponge rounds, I think they were black, about 15-20 meters from Malek. I think he was the one who shot Malek. Even though Malek was injured and people started screaming, and his brothers and sisters were crying, the occupation forces retreated without giving him any medical help. Malek was lying on the ground, his face was bleeding, and he was crying and twisting in pain. A few guys picked him up and took him away in a private car. Malek’s mother, Sawsan ‘Issa (42), a married mother of six, described her son’s life since the injury in a testimony she gave a B’Tselem field researcher: On Saturday afternoon, my 12-year-old daughter Tala called to tell me that she and her brothers would be getting off the bus soon, so I could pick them up as usual. I told her the weather was pleasant and they should walk home. Five minutes later, she called again. She was screaming and crying and told me Malek had been hit by a sponge round. I felt my world collapse. My husband and I hurried to the place where Malek was shot. When we got there, I was told he had been taken to Hadassah Mt. Scopus Medical Center. I arrived at the hospital crying. When I saw Malek, his face was covered in blood, his eyes were swollen and he was screaming in pain. I told him, “Malek, Mama’s here”. He replied: “Mama, I can’t see from my eye. My head is exploding with pain. Something is stabbing me in the eye.” Malek was taken for an X-ray. When he came out, he started vomiting blood. The doctors treated him and immediately transferred him to Hadassah Ein Kerem Hospital for urgent surgery. We rode with him in the ambulance. I held his hand the whole time, trying to cheer him up and keep him calm. I cried silently and hoped he wouldn’t hear me. The paramedic advised me to keep talking to Malek so he wouldn’t lose consciousness. At Hadassah Ein Kerem, Malek was X-rayed again and underwent two operations, one for the fracture in his head and another for his eye. After the second operation, the doctor informed me they hadn’t been able to save his injured left eye and that we had to authorize eye removal surgery. I begged the doctor to find a different solution, because Malek’s a sensitive child and removing his eye would be very bad for his mental health. The doctor understood but said there was no choice and gave us two days to decide. It was the hardest decision my husband and I ever made. We approved the surgery. When it was over, I told Malek he had only one eye left and that they would replace the other with a glass eye. He started screaming and crying: “I want my eye back! Who took my eye!?”. He was crying hysterically. He still cries a lot. He has mood swings and complains a lot. He also started sleeping beside me. He’s going through a mental health crisis and I need to pay a lot of attention to him, at the expense of my other children. He’s become very dependent and only feels safe when I’m around. If I leave the house, he follows me out the door and asks: “Where are you going? Are you leaving me alone?”. He has nightmares and talks in his sleep about what happened, groaning in pain and saying: “Ow, my eye, I want my eye back”. We’re waiting for Malek to be fitted with a prosthetic eye. He keeps asking when it will happen. It’s very important to him. Maybe he thinks it will bring back his eyesight. I’m concerned that if he realizes its only cosmetic surgery that will not affect his eyesight, his mental state will get worse. Life in the neighborhood has become unbearable over the last year because of the daily police raids, the stun grenades and the firing of sponge rounds at residents on the street. The constant presence of police officers, on the way to school and back, makes the children anxious and worried all the time. It’s bad for their concentration and we’re worried it will damage their academic achievements. I’ve also lost my sense of security. Because my husband and I feared for the safety of the kids every time they left for school, we transferred them to a school outside the neighborhood. We thought we could protect them from the occupation forces that way, but it didn’t work, and Malek got injured on his way home from the bus. The injury of Muhammad Atiyyah (16), 3 March 2020 On Tuesday morning, 3 March 2020, around 11:00 A.M., residents hurled stones and shot fireworks at a van carrying several Special Patrol Unit officers, as it passed by the local boys’ school. The van stopped and about five officers got out, near an entrance to the school. Video footage posted on social media shows the officers forcefully removing a sandwich seller by the school gate, and one of the officers firing a sponge round into the school’s courtyard. Muhammad Atiyyah (16), a tenth-grade student who was standing with his cousin a few meters from the gate, was hit in the hand. In a testimony he gave on 5 March 2020, ‘Atiyyah related: I was standing in the courtyard, by the gate, when I saw a white patrol car stop in front of the school and stones being thrown at it. Several Special Patrol Unit officers got out and some students started yelling at them. One of the officers went up to the gate and fired one shot, which hit me in the palm of my hand. I was about seven meters from the gate, inside the courtyard. I felt dizzy. My cousin helped me and ran with me to the principal’s office. The principal called my parents and asked them to come to the school. A few minutes later, the police called the school and asked the principal to let them in so they could drive me to get treatment in an ambulance. The principal told them my parents were on the way and would take me to a clinic. About ten minutes later, my two older brothers arrived and took me to the Clalit HMO clinic in al-‘Esawiyah. The doctor said I had to get to Hadassah Mt. Scopus Medical Center immediately. We drove there and I waited for four hours in the ER. Then I was X-rayed and given some painkillers. Two days later, my hand was bandaged in a medical clinic in the neighborhood. My little finger is sprained and I can’t hold a pen to write. Muhammad’s mother, Hajar ‘Atiyyah (51), a married mother of seven, recounted in a testimony she gave on 5 March 2020: On Tuesday, around 11:15 A.M., I got a call from my son’s school. The principal told me Muhammad had been hit in the hand by a sponge round and said one of his parents had to take him to a medical clinic. I started screaming and crying. I made the principal swear to tell me the truth – whether Muhammad was really injured in the hand and not in in the head. I wanted to make sure, after Malek ‘Issa was injured here in the neighborhood and lost an eye. The principal assured me that Muhammad was only injured in his hand, that it was only a minor injury and that we had nothing to worry about. That day I was ill, so my sons went to take Muhammad instead. Muhammad spent four hours in the ER, and I was nervous and worried the whole time. I called my sons every half hour to see how he was doing. When Muhammad came home, he was very tired and his hand hurt. Thank God he was only injured in his hand. Life in al-‘Esawiyah has become unbearable. The police raid the neighborhood on a daily basis with Border Police officers and special units. They deliberately spread out in the streets and alleys when students are on their way to school or back home. I don’t understand what purpose it’s supposed to serve. At the beginning of the school year, I bought Muhammad a mobile phone so he could call me on his way to school and back, and I would know he was safe and sound. I also asked the principal for special permission to allow Muhammad to keep his phone on during class, so I could contact him. I’m constantly afraid the occupation forces will harm or arrest him. Muhammad is a quiet boy. He likes to study, play ball and ride his bike. But the daily presence of the occupation forces has taken a toll on him, as well. The injury of Fawzi ‘Abeid (9), 4 March 2020: On Wednesday evening, 4 March 2020, around 6:30 P.M., nine-year-old Fawzi ‘Abeid was sitting with his grandparents on the balcony of their home, two stories below his parent’s house in al-‘Esawiyah. At the same time, several Special Patrol Unit officers entered the neighborhood and confronted a resident about 15 meters from the family home. The resident fled up the street and one of the officers fired a black sponge round that hit Fawzi ‘Abeid’s in the right hand. Fawzi’s grandmother, Rabihah ‘Abeid (59), recounted in a testimony she gave on 9 March 2020: On Wednesday, around 6:30 P.M., I was sitting on the balcony with my husband Fawzi (62). My grandson, who is also called Fawzi, was standing next to us holding a can of Coke. Just then, the occupation forces entered our street. I didn’t see any clashes at that point. Three military jeeps drove along our street, and I suddenly heard stun grenades and sponge rounds being fired. I have no idea why. I saw the can of Coke fall from my grandson’s hand. He started crying and screaming: “My hand!... my hand!”. I also saw a black sponge round that landed on our balcony. My husband picked Fawzi up and we took him down to the car. We drove to the local Clalit HMO clinic and then to the French Hospital in Sheikh Jarrah. We stayed in the hospital for about two hours and they X-rayed Fawzi. It turned out the bullet had hit his index finger. Since they killed Muhammad ‘Abeid in June 2019, they’ve fired stun grenades and sponge rounds at our house two or three times! I decided to stop sitting on the balcony or allow my grandchildren to sit there. It’s become too dangerous. This time it didn’t end in disaster and the child was only hit in the hand, but only God knows who will be injured next, or where. I don’t want anyone from my family to lose their eye, like what happened to Malek ‘Issa a few days ago. On 3 December 2020, the media reported that the investigation file regarding the injury of Malek ‘Issa had been closed for lack of evidence.

8 April 2020

הגדר ליד בית בית סאחור. צילום: אייל הראובני, בצלם, 24.6.19. בתמונה הקטנה - עבאדללה ר'יית' (באדיבות המשפחה)

Open-Fire Policy

Egregious shootings receive official backing once again: Israeli Border Police kill 15-year-old and wound another Palestinian as they tried to cross Separation Barrier

At about 7:30 A.M. on the morning of the last Friday of Ramadan, 31 May 2019, seven members of the extended Gheith family set out from by car Hebron to Jerusalem to attend prayers at al-Aqsa Mosque. Luai Gheith – 45, a married father of nine who owns a factory in Hebron ¬– was behind the wheel. With him in the car were his son ‘Abdallah (15), his three daughters – Shaimaa (16), Tartil (14) and Daniyah (12) – his niece Sirin (14) and his nephew ‘A. (18) During Ramadan, Israel allowed more Palestinians into Jerusalem for prayers than usual, but young men between the ages of 16 and 30 were still barred entry. Therefore, Gheith’s nephew, ‘A., would not be allowed through the checkpoint. Gheith drove towards the Mazmuriyeh/a-Nu’man checkpoint northeast of the Palestinian town of Beit Sahur, to drop off ‘A. and ‘Abdallah near the Separation Barrier, at a spot about 700 meters from the checkpoint. The plan was that they would climb over the barrier and meet the rest of the family on the other side, as many Palestinians do. The Separation Barrier in that area is made up of concertina wire at ground level and a chain link and barbed wire fence that is several meters high. The concertina is separated from the main fence by a path several meters wide. B’Tselem’s investigation found that at around 8:00 A.M., Luai dropped off his son and nephew next to the barrier. Ten or so young men were already there, waiting for a chance to climb over. ‘Abdallah and ‘A. did not see any security forces nearby and decided to make the attempt. They climbed over the concertina wire onto the buffer path. At that point, ‘A. spotted a Border Police officer standing on the other side of the main fence. He jumped back over the concertina wire and shouted to ‘Abdallah to flee. At that point, Border Police officers fired two 0.22-caliber bullets at ‘Abdallah, one of which hit him in the chest. ‘Abdallah managed to leap back over the concertina and run several meters away before collapsing. Luai Gheith, who was still there, drove them to al-Hussein Hospital in Beit Jala. The medical team tried to save ‘Abdallah, but in vain. In a testimony he gave B’Tselem field researcher Musa Abu Hashhash on 1 June 2019, Gheith described the pain of losing his son: I raised my son for fifteen years, and I still can’t believe that he was martyred in the blink of an eye. He didn’t do anything wrong. He just wanted to get to al-Aqsa Mosque for prayers on the last Friday of Ramadan. He was daring and I think that’s what got him killed. He was in a rush to get to al-Aqsa and didn’t wait like the other young men. ‘Abdallah was a good boy. He was cheerful and everyone loved him. He used to help me at work after school. He loved his family and was always joking around with his sisters. I can still see him cracking jokes with them and with my niece in the car that morning. He was so excited to be going to pray at al-Aqsa on the last Friday of Ramadan. The Israeli police officer who shot him doesn’t know any of that. Nor does he know anything of the shock and heartache he caused me and my wife and my daughters, or that we will never find comfort again. About half an hour to an hour earlier, at the same spot, Border Police shot and injured M.T., a 20-year-old Palestinian from the village of Hadab al-Fawar, south of Hebron. M.T., who works at a book and stationery store, had gotten there at around 5:30 A.M., also planning to cross the Separation Barrier so he could go to al-Aqsa Mosque for prayers. In a testimony he gave B’Tselem, he said he waited until after 7:00 and then tried to cross. After climbing over the concertina wire, he heard what sounded like gunshots fired with a silencer. He jumped back across the wire and gained some distance before realizing he had been hit in the stomach. M.T. was taken by private car to Beit Sahur and from there by ambulance to al-Hussein Hospital in Beit Jala, where he underwent surgery. He was discharged a week later. In both cases, Border Police fired at the upper body of individuals merely for trying to cross the Separation Barrier to get to prayers in East Jerusalem: 15-year-old ‘Abdallah Gheith was killed and M.T., was hit in the abdomen. There can be no justification for this type of gunfire, with its predictably fatal consequences. It shows just how little the lives of Palestinians count in the eyes of both the officers in the field and the entire chain of command that allows such actions to take place. Israeli media quoted Border Police officials as saying that Gheith and M.T. were shot with crowd control measures. Yet 0.22-caliber bullets are live ammunition for all intents and purposes and, therefore, cannot be considered crowd control measures. In theory, the military acknowledges this fact: A full decade ago, the MAG stated in a letter to B’Tselem that 0.22 bullets would be used only in instances that justified live fire, i.e., only in cases of mortal danger to security personnel or others. In practice, lethal use of 0.22-caliber bullets continues, and they are still perceived as a means of crowd control. Based on past experience, no one – neither the officers who killed ‘Abdallah Gheith and injured M.T., nor persons higher up the chain of command, including those responsible for formulating the orders and regulations – will be held accountable. Moreover, Israel will not have to pay damages to the families, having passed legislation conveniently barring Palestinians from any viable option of suing the state for damages. Was the shooting of 15-year-old ‘Abdallah and 20-year-old M.T. criminal? Absolutely. It was entirely unjustifiable. Neither ‘Abdallah nor M.T. posed any danger. Nor could they have posed any danger as they were: in broad daylight, caught between concertina wire on one side and a high barbed wire fence on the other, facing Border Police officers who were armed and ready and in protective gear. This is not a case of mortal danger, or in fact of any danger at all. Under such circumstances, the use of weapons capable of causing serious injury and even death – as has been done before and as the officers did here – cannot be justified on any moral or legal grounds. The fact that the predictable and deadly outcome of this egregious conduct is met by public indifference and that the conduct receives the full backing of all official bodies demonstrates just how little worth is accorded Palestinian lives.

24 June 2019

No Accountability

Human Rights in the Occupied Territories

The report surveys the broad spectrum of issues regarding the Israeli authorities' human rights record in the West Bank and Gaza Strip over the past year, the 44th year of the Israeli occupation. An interactive version of the report is available online and distributed through social media. The report documents a sharp increase in the number of uninvolved Palestinians killed by the Israeli security forces in the Gaza Strip in 2011. There was also an increase in the number of Israeli civilians killed by Palestinians, compared to 2010.

21 March 2012