2022 Humanitarian Response Plan for Gaza and West Bank
arbitrary in nature and contravening Israel's human rights obligations under
Article 9 and 14 of International Covenant on Civil and Political Rights
(ICCPR).
Death penalty
Since the beginning of the year courts in Gaza have imposed or upheld 19
death sentences, including six issued or upheld by military courts
Having ratified the 2nd optional Protocol to the Covenant on Civil and
Political Rights, Palestine is obliged to end the death penalty in all of its
territory, including Gaza. Of major concern are adherence to fair trial
guarantees in Gaza, including trying civilians in military courts. Also of
concern is the degree to which the Government of the State of Palestine
acts within its power to bring the situation in Gaza into compliance with
Palestine's international legal obligations.
The death penalty is associated with social stigma, particularly those
convicted of collaborating with Israel, which leaves their families and
relatives vulnerable to abuse and discrimination.
Lack of freedom of association, peaceful assembly and freedom of
opinion and expression
Israel, and organizations close to Israeli authorities, continued accusations
and stigmatizing statements to discredit civil society actors and discourage
support and international funding for their work. Published reports accuse
human rights organizations of being "anti-Semitic" or tied to "terrorism",
the latter on the basis of their supposed affiliation to Palestinian political
parties rather than specific criminal activity. Still in place is Israel's
designation of six Palestinian organizations providing critical services such
as legal and health support to Palestinian communities. The six are accused
of diverting funds to the Popular Front for the Liberation of Palestine
allegations that continue to severely affect their ability of the to receive
financial resources, which is an integral part of the right to freedom of
association.
In 2021 Gaza's banks reportedly froze the bank accounts of 80 non-
government organizations (NGOs) that provide crucial services in health,
protection and other humanitarian services in Gaza. The freeze was
imposed pending the completion of registration procedures with the
Government of the State of Palestine in addition to long standing
registrations already made with the Gaza de facto authorities after Gaza's
political split in 2007. Most NGOs have since complied with the new rules,
however some still await PA security clearance.
Risk 1.1: Operational context
Although it is a year since the May 2021 conflict, as with many other
escalations, the aftermath has seriously affected civilian lives and recovery
in Gaza. Many of those injured continue struggling, including more than 68
people who acquired long-term disability. There is a ballooning health and
mental health burden affecting all sectors of the population. Much
damaged infrastructure is yet to be cleared, rebuilt or repaired.
As with all previous escalations, most survivors have been denied Israeli
justice due to several substantial, procedural, and practical obstacles (e.g.,
movement restrictions, the condition to deposit a financial guarantee by the
victim, the amendment n. 8 to Israeli civil tort law excluding Palestinians
from claiming civil remedies for State caused damages as citizens of an
'enemy territory'39). Survivors appeal for accountability for suspected
39
On 5 July 2022, the Israeli Supreme Court, rejected an appeal demanding that the State of Israel
pay tort compensation damages for the shooting and serious injury of 15-year-old Palestinian Attiya
Nabaheen in 2014 in Gaza, upholding the legality of Amendment No. 8 of Israel's Civil Wrongs Law
excluding Palestinians in Gaza from receiving remedies for state caused damages as citizens of an
'enemy territory', while emphasizing how domestic law overrides international law
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