Ref: 117/2012

On the evening of 4^th November 2012, Israeli Occupation Forces (IOF) killed a Palestinian civilian, suffering from epilepsy, by using lethal force near the border between Gaza Strip and Israel. Investigations conducted by Palestinian Centre for Human Rights (PCHR) reveal that IOF used excessive force against the victim and did not attempt to arrest him despite him being unarmed and dressed in civilian clothes.  

According to PCHR’s investigation, at approximately 20:20 hrs on Sunday residents of Gaza Valley, a village in the central Gaza Strip near the border, saw flash bombs over the area and heard intense shooting after Israeli soldiers called on a person to move away from the area.  They informed the ICRC about the incident.  It was only after two hours and following coordination with IOF that the ambulances of Palestine Red Crescent Society were allowed into the area.  As per the medical team, they found the body of a young man wearing civilian clothes nearly 10 meters away from the border.  The body was transported to al-Aqsa Martyrs Hospital in Deir al-Balah, where the victim was identified as Ahmed Tawfiq ‘Awadh al-Nabahin, 23, from Gaza Valley village.  According to medical sources, the victim was hit by several bullets in his chest, back, left hand, and foot.  His family stated that he was suffering from epileptic seizures because of increased electrostatic charges in his body and he had gone to the border areas several times before.  IOF detained him two months ago for several days, but upon realizing that he was ill they released him.

PCHR expresses deep concern for such crimes which reflect the continued use of excessive force by IOF against Palestinian civilians in disregard of their lives even though IOF had redeployed outside the Gaza Strip. 

PCHR calls upon the international community to take immediate and effective actions to put an end to such crimes and reiterates its call for the parties to the Fourth Geneva Convention 1949 to fulfill their obligations under Common Article 1 i.e., to respect and to ensure respect for the Convention in all circumstances, and their obligation under Article 146 to prosecute persons alleged to commit grave breaches of the Fourth Geneva Convention.  These grave breaches constitute war crimes under Article 147 of the same Convention and Article 85 of Protocol I Additional to the Geneva Conventions.

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