Spike in number of Palestinian civilians killed near Gaza perimeter fence

4 March 2014

Amneh Qdeih, 57, a resident of the town of Khuza'ah, was killed on Friday, 28 February 2014. She died of a gunshot wound to her abdomen fired at her when she approached Gaza's perimeter fence. Her relatives told B'Tselem field researcher Khaled al-'Azayzeh that Qdeih, who was mentally ill, had been at a family wedding in the town of Khuza'ah, not far from the perimeter fence in the southeastern Gaza Strip. She did not return home with the rest her family, and when they realized she was missing, they began searching for her. At around 10:00 PM, her family heard gunshots, saw the light flares in the sky and noticed an ICRC jeep near the fence. At around 6:00 AM, they found Qdeih's body close to the perimeter fence, directly across from an Israeli military watchtower. Qdeih had sustained a gunshot wound to her abdomen. It is not clear whether she was killed instantaneously or bled to death for hours. The IDF Spokesperson told Israeli daily Haaretz that an IDF force fired at a person who was approaching the perimeter fence in the southern Gaza Strip and did not heed their calls to halt. The unit reported it had a confirmed hit on the target. The IDF Spokesperson did not explain why Qdeih was not given medical treatment that might have saved her life.

This is the fifth incident in the last three months in which Gaza residents who were not taking part in hostilities were killed by Israeli security forces near the perimeter fence. The civilians were shot when they were near the perimeter fence, on its Palestinian side. From late January 2013 to mid-December 2013 only one Palestinian was killed near the fence. The man was attempting to enter Israel without a permit when he was shot.

Since mid-December 2013, the number of live-fire casualties near the fence has been on the rise. In the ten weeks from 20 December 2013 to date, B'Tselem field researcher Muhammad Sabah has documented the injury of 55 individuals near the fence: 43 were injured by live fire; 10 by rubber-coated metal bullets; and two were hit in the head by a teargas canister. Figures published by OCHA also indicate that since mid-December there has been a sharp increase in the number of incidents in which civilian were injured by live gunfire near the Gaza perimeter fence. In all recent cases of civilian Palestinian fatalities near the Gaza perimeter fence, military officials were quoted in the media as saying that shots were fired at the individuals for being inside the off-limits zone or for sabotaging the fence.

On Friday, 20 December 2013, ‘Odeh Hamad, 27, was shot while scrap-collecting metal and plastic at the Beit Hanoun garbage dump. According to B'Tselem's inquiries, Hamad was struck in the head by a live bullet at around 3:20 PM, while he was cutting the barbed wire fence which parallels the perimeter fence. His brother, Radad Hamad, told B'Tselem that they had heard neither warnings nor shots fired in the air prior to the shooting. Additional gunshots were then fired from the military tower located about 400 meters away, and Radad Hamad suffered a gunshot wound to his arm. ‘Odeh Hamad was taken to the hospital in Beit Hanoun where he was pronounced dead. The IDF spokesperson said, "[O]n Friday, at midday, several suspects came close to the perimeter fence, within the area to which entry is prohibited, and sabotaged the fence barrier several times. The troops on site repeatedly tried to distance them, but as the sabotage continued, the force carried out suspect arrest procedure, during which one of the suspects was injured".
On Thursday, 2 January 2014, 'Adnan Abu Khater, 16, was walking with several other youths in an area close to perimeter fence, east of Jabalya. Abu Khater was shot in the abdomen by soldiers and died of his wounds the next day. According to military officials quoted in Israeli daily Haaretz, the youths had attempted to sabotage the perimeter fence, and therefore one of them was shot in the leg.
On Friday, 24 January 2014, Bilal 'Aweidah, 19, of Beit Lahiya in the northern Gaza Strip, was shot and killed several meters away from the perimeter fence. The area where 'Aweidah was shot is considered basically trouble-free and many civilians use it recreationally. According to B'Tselem's inquiries, 'Aweidah was taking strolling there with some friends. They approached the fence and, with their cellular phones, photographed one another near it, (see photos: link 1, link 2, link 3). When the young men came near a surveillance camera mounted on the perimeter fence, a single shot was fired at them from the nearby military watchtower. The bullet struck 'Aweidah in the chest. He was taken to Kamal 'Adwan Hospital in Beith Lahiya, where he was pronounced dead. According to military officials quoted in the news section of Israeli website Ynet, "In the early afternoon, dozens of Palestinians congregated in the restricted access area near the perimeter fence in the northern Gaza Strip and sabotaged it. The military states that in the course of attempts to distance the crowd, two suspects were struck by IDF gunfire. The IDF will not allow any harm to the perimeter fence, to the security of the State of Israel or to its citizens".
On Thursday, 13 February 2014, Ibrahim Mansur, 35, of Gaza City, was shot at a spot about 100 meters away from the perimeter fence, east of Gaza City. Mansur was collecting sand and gravel along with several other people at the time he was shot. According to B'Tselem's inquiries, at around 2:30 PM, several shots were fired at the group from a nearby military watchtower. Mansur was struck in the head, and another man suffered a minor leg injury. Both were taken to a-Shifaa Hospital, Gaza City. Mansur was pronounced dead shortly thereafter. According to a report in Israeli daily Haaretz, military officials said that the soldiers shot at Palestinians who had approached the perimeter fence in the northern Gaza Strip. The military claimed that the Palestinians tried to sabotage the fence and had entered the restricted access area.

The military refuses to publish the open-fire regulations issued to soldiers and as a result B'Tselem cannot know what regulations the soldiers follow. However, the official military responses in the media raise concerns that these regulations permit the use of live fire even in cases which pose no mortal danger to members of the security forces: in all of the above-cited cases, military officials said the soldiers resorted to gunfire because Palestinians had entered a restricted area and attempted to sabotage the fence.

Yet this explanation cannot constitute justification for the use of live fire. If there is a directive that permits live gunfire in these situations, it is unlawful. Clearly Israeli security forces have both the right and the duty to protect the border area and prevent actions directed against Israeli civilians, including unlawful attempts to cross the border into Israeli territory or plant explosives by the fence. Nonetheless, security forces may not achieve these goals by harming people who pose no threat to anyone.

Notwithstanding the military’s classification of the area near the perimeter fence as no-go zones, Gaza residents use the area for a variety of patently civilian needs: work-related, recreational walks and demonstrations. In recent months, mostly on Fridays, many young people have been frequenting the area east of Jabalya Refugee Camp. Some take walks. Others rest. Some sell drinks and snacks. Others throw stones at the perimeter fence or try to hang Palestinian flags on it or burn tires. In a number of cases, young men lobbed Molotov cocktails at the fence and at the soldiers patrolling it. View B'Tselem photoblog on the topic

Given this reality, the security establishment cannot regard this area exclusively as a combat zone nor can it consider any person found there a security threat. The military must institute open-fire regulations that take this reality into account. The military must also instruct the troops that the use of live fire is absolutely prohibited for the purpose of getting Palestinian civilians who pose no threat to anyone to back away from the areas near the perimeter fence. In addition, the military must provide the units stationed along the fence with the appropriate gear and means for dealing with demonstrations or gatherings that are civilian in nature. However, so long as the youths do not pose any danger and do not attempt to sabotage the fence, these measures must not be used against them. Where there are clear grounds to suspect that the fence has been compromised or sabotaged, soldiers may use less lethal means, only using live fire in a cases of imminent mortal danger.

B'Tselem has contacted the MAG Corps, demanding it launch criminal investigations into the deaths of the five civilians.

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'Omar Abu a-Nil, shot in the neck by soldiers, being carried to an ambulance. Photo: 'Abd a-Rahim Khatib

The Gaza Strip

Israeli security forces fatally shoot ‘Omar Abu a-Nil (13) standing dozens of meters from Gaza perimeter fence during protest

On Saturday, 21 August 2021, a demonstration was held near the perimeter fence east of Gaza city, marking the 52nd anniversary of the al-Aqsa Mosque arson attack. The barrier, which Israel has been expanding in recent years, is reportedly made of a concrete wall starting dozens of meters underground. Above ground, in that area, it consists of a concrete wall several meters high topped by a metal fence. During the demonstration, some of the protesters burned tires, threw stones, and hurled explosives at members of the Israeli security forces standing on the other side of the fence, who fired live ammunition, rubber-coated metal bullets, and tear gas canisters at them, injuring 41 protesters, including 22 minors, according to figures provided by the Palestinian Ministry of Health. Two of the wounded died in the following days — Osama D'eij (31), a Hamas military wing operative from Jabalya Refugee Camp, died of his wounds on 25 August 2021, and ‘Omar Abu a-Nil (13) from Gaza City died of his wounds on 28 August 2021. Two days later, Bar’el Hadaria Shmueli (21), an Israeli Border Police officer from Be’er Yaakov who was shot during the demonstration by a Palestinian standing on the other side of the fence, died of his wounds. On the day of the demonstration, Abu a-Nil came to the area in the afternoon. At around 5:30 P.M., he went up to a distance of about 100 meters from the fence. While standing and watching the protest, he was hit by a live bullet in the neck. Abu a-Nil was taken by other protesters to an ambulance that took him to a-Shifaa Hospital, where he was treated until his death on 28 August 2021. Abu a-Nil is the 226th person killed in demonstrations near the Gaza perimeter fence since the March of Return protests began in March 2018, and the 48th minor. Israeli security forces' open-fire policy, which permits the use of live fire against protesters, the vast majority of whom are unarmed and who do not pose a risk to the well-protected forces on the other side of the fence, is unlawful and unjustified. Nevertheless, and despite the hundreds of people killed and thousands wounded by live fire, Israel continues to implement this lethal policy, which is likely to kill or injure many other Palestinian protesters. Abu a-Nil’s neighbor, Anas al-Ghafri (18), arrived at the demonstration at around 3:30 P.M. About an hour and a half later he advanced to a distance of about 100 meters from the fence, where Abu a-Nil joined him some 20 minutes later. In a testimony he gave B’Tselem field researcher Muhammad Sabah on 31 August 2021, al-Ghafri recounted: : About 20 minutes after I went towards the fence, my neighbor ‘Omar Abu a-Nil arrived at 5:30 and stood next to me. ‘Omar asked me, “Why are you afraid to go down?” I slapped him and told him to go back. He didn’t and even went a few more meters towards the fence while eating sunflower seeds. Suddenly, I saw him fall to the ground. I thought he’d tripped, but then I saw young guys and teens crowding around him and that he was bleeding. When they picked him up, I saw entry and exit wounds in his neck. About 20 minutes after I went towards the fence, my neighbor ‘Omar Abu a-Nil arrived at 5:30 and stood next to me. ‘Omar asked me, “Why are you afraid to go down?” I slapped him and told him to go back. He didn’t and even went a few more meters towards the fence while eating sunflower seeds. Suddenly, I saw him fall to the ground. I thought he’d tripped, but then I saw young guys and teens crowding around him and that he was bleeding. When they picked him up, I saw entry and exit wounds in his neck. The young guys took him to an ambulance, and I rode with him. On the way to a-Shifaa Hospital, he was resuscitated and given first aid. I called ‘Omar’s uncle and told him he’d been wounded. When we got there, they put ‘Omar in the ICU and tried to resuscitate him. Then his family arrived, and his father blacked out when he saw his son in the ICU. I stayed at the hospital until 10:00 P.M. and then went home. A.Z. (36), a resident of Gaza City, went to the demonstration in the afternoon to document it as part of his work as a freelance photographer. In a testimony he gave B’Tselem field researcher Muhammad Sabah on 28 September 2021, he described what happened: During the demonstration, hundreds of young men, teens, and children approached the fence to throw stones at the occupation forces. They pulled at the fence’s net and damaged it and then burned tires. The soldiers fired tear gas canisters, followed by warning shots in the air. When the stone-throwing intensified, the soldiers fired live rounds at the protesters. I saw two protesters wounded by the shooting and others suffocating from the gas. While I was standing and filming the protesters, I saw a teen fall to the ground in front of me, about 30 to 40 meters away from me towards the fence and about 100 meters from the fence. The young men picked him up right away and took him to an ambulance. I was in shock and didn’t manage to take his picture. He was hit in the neck and bleeding. I followed the young men who had taken him to find out how he was doing, and then he was taken to the hospital. I went back to the demonstration for a while, and saw my friend ‘Assem Shhadeh get hit in the right side of his jaw by shrapnel and fall. I took his picture. Meanwhile, I heard shots from our side towards the fence. It sounded like a handgun. Then I left the area. In a testimony she gave B’Tselem field researcher Olfat al-Kurd on 31 August 2021, ‘Omar’s mother, Iman (40), spoke about her son and his time in hospital: When I heard ‘Omar has been injured at the demonstration, I was at home. I thought he’d gone to the club in the afternoon because he’d never gone to demonstrations by the fence before. I went up to my sister-in-law’s apartment and collapsed on the floor, screaming. My sister-in-law and her daughter hugged me and helped me get home. I got dressed and went to my parents’ house, and from there continued to a-Shifaa Hospital. When I got to the hospital, I asked about ‘Omar at the desk and was told he’d been hit in the leg and that he was having minor surgery. I went up to the operating rooms and found my husband Hassan there with red, teary eyes. He couldn’t tell me how ‘Omar was doing. I immediately realized he hadn’t been injured in the leg. My husband told me he’d been hit in the shoulder, and I told him the injury was more serious. I felt weak and couldn’t stand the bad news, and started praying to Allah for strength. I stood on the operating room steps and waited. I didn’t talk to anyone. I was in shock and couldn’t even cry. At around 10:00 P.M., ‘Omar came out of surgery and was transferred, unconscious, to the ICU. The doctor left the room with a grim, hopeless expression. I asked my husband to tell our children that ‘Omar was in a bad state, so the news of his death wouldn’t shock them. I went home, hoping that the next day I’d come and find ‘Omar awake and in a better condition. The next day, I came to the hospital around midday and found 'Omar in the same state. The doctors told me he could maybe wake up in two days. We were constantly on edge, afraid of any phone call that might announce his passing. On Tuesday, 24 August 2021, at 9:00 A.M., I got a call from the hospital asking me to come and be present while ‘Omar underwent a CT. I went happily, because I thought it meant there was good news about his condition and that he’d woken up. But the tests showed there was no blood flow to the brain and that ‘Omar was in a state of clinical death. I collapsed to the floor and prayed to Allah. On Saturday, 28 August 2021, at around 1:00 A.M., we were informed that Omar had passed away. I went back to the hospital to say goodbye to him and hug him after he was disconnected from the machines. I hugged him, kissed him and touched his little body as I cried. I didn’t shed tears, but my heart wept. I went home without ‘Omar, forever. ‘Omar was the pillar of our home. He was the living spirit of the house, and suddenly, we lost him. He was my pampered baby, and we were very close. He only managed to attend four days of ninth grade before he was injured. In my heart, he’s still with us in the house, and his soul doesn’t leave me for a moment. When we eat, I look at his chair and say to myself that he’s still with us. My daughter Malek (6) asks where he is, and I say he’s gone to heaven.

28 October 2021