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insufficient measures taken by the State party to protect the civilian population of the Gaza Strip
and to prevent the harm, including many hundreds of deaths, of Palestinian civilians, including
minors, caused as a result of the Israeli military operation. A report of nine United Nations
experts describes civilians, including medical workers–16 having allegedly been killed and 25
injured while on duty. As confirmed by Israeli investigators, there were severe effects on
civilians as a result of Israeli weaponry containing phosphorus, although it was reportedly aimed
to create smoke screens or uncover tunnel entrances in Gaza. Notwithstanding the State party’s
argument that this weapon is not banned by international humanitarian law and was not aimed at
personnel, the Committee is concerned about its use in a densely populated area and the severe
pain and suffering that this weapon caused, including deaths of persons who reportedly could not
be duly treated at hospitals in Gaza, which were unable to provide palliative services for several
reasons, including a lack of proper knowledge of the weaponry employed, as well as being used
as headquarters, command centres and hiding places for Hamas attacks.
The State party should conduct an independent inquiry to ensure a prompt,
independent and full investigation into the responsibility of state and non-state
authorities for the harmful impact on civilians, and to make the results public.
30.
The Committee has received reports that the “blockade” imposed on the Gaza Strip,
especially aggravated since July 2007, has obstructed the distribution of humanitarian aid before,
during and after the recent conflict, and has limited other human rights of the inhabitants,
particularly the right to freedom of movement, of both juveniles and adults.
The State party should reinforce its efforts to ensure that humanitarian aid is
accessible to ease the suffering of Gaza inhabitants as a result of the restrictions
imposed.
31.
Notwithstanding the State party’s legitimate security concerns, the Committee is
seriously concerned at the many allegations provided to the Committee from non-governmental
sources on degrading treatment at checkpoints, undue delays and denial of entry, including for
persons with urgent health needs.
The State party should ensure that such security controls are conducted in
accordance with the Convention. In this regard, the State party should provide
sufficient and adequate training for personnel to avoid unnecessary stress on
persons travelling through checkpoints. The State party should consider, as a safety
measure, establishing an urgent complaints mechanism for any persons claiming
they have been subjected to undue or improper threats or behaviors. Further,
consideration should be given as a matter of urgency to the availability of
emergency medical personnel to assist persons in need.
Settler violence
32.
The Committee notes with interest the State party’s acknowledgement that “Israel has
full jurisdiction” over cases of settler violence in the West Bank against Palestinians. It
appreciates the statistics provided regarding the criminal enforcement of such matters as
disorderly conduct, land disputes, and the overall increase in law enforcement involving Israelis,
including investigations and indictments as well as administrative measures limiting movement
of Israeli settlers who may endanger the lives and security of Palestinians. While appreciating
that a special inter-ministerial committee has been created to address these cases, and to