During the reporting period of 11 to 14 December 2018, the IOF killed six Palestinian civilians, including a child, in the OPT, arbitrarily depriving them of their right to life. Al-Haq notes that this figure does not include Saleh Barghouthi, given that no proof of his fate or whereabouts has been provided by the IOF since his enforced disappearance on 12 December 2018. The cases presented in this special focus illustrate the IOF’s persistent resort to excessive and disproportionate lethal force against Palestinian civilians, through the use of live ammunition, amongst other lethal and non-lethal weapons. Such conduct violates the UN Code of Conduct for Law Enforcement Officials, which states that “law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.”[1]

On 18 July 2018, the Israeli Parliament (Knesset) passed the “Jewish Nation-State Law.” The Law disregards the rights of indigenous Palestinian citizens of Israel, which currently constitute nearly 20% of the population, and cements their status as second-class citizens. Equally important is the extension of the policies and objectives found in the Law to Israel’s administration of the Occupied Palestinian Territory (OPT). This contradicts Israel’s obligations as Occupying Power to not extend its own domestic legislation to the OPT, and imperils the most basic rights of Palestinians. This factsheet examines some provisions of the Law, in light of international law and the historical and current day reality of Palestinians.

Al-Haq follows with concern recent developments in the justice sector. A Draft Law by Decree Amending the Judicial Authority Law No. 1 of 2002 has been in circulation. A report issued by the Justice Sector Development Committee was also published on 28 November 2018 in conjunction with the circulated Draft Law by Decree. Both developments have a bearing on judicial independence and the justice sector.

Executive Summary

1. Social security is a fundamental human right, enshrined in Article 22 of the Palestinian Amended Basic Law. Article 10 of the Basic Law emphasises that basic human rights are binding and shall be respected. The right to social security is also safeguarded by the International Covenant on Economic, Social and Cultural Rights (ICESCR), which the State of Palestine acceded to without reservations. Article 9 of the Covenant provides that “[t]he States Parties to the present Covenant recognise the right of everyone to social security, including social insurance.” The State of Palestine is bound to realise this right on legislative, policy and practical levels. In this vein, the State of Palestine needs to demonstrate the “progress achieved” in the forthcoming discussion of the initial report it will submit under articles 16 and 17 of the ICESCR to the United Nations Committee on Economic, Social and Cultural Rights.