The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Israel on 4 November 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received it will be posted on the UN Special Procedures communications database.
Since the communication was sent, the investigation by the Israeli Military Police Criminal Investigation Division into Ms. Eygi’s killing has yet to be completed. At the time of publication, the U.S. Department of Justice has taken no action to investigate the killing.
This is a shorter version of the original communication.
BACKGROUND
Topic: the killing of American-Turkish human rights defender Ms. Aysenur Ezgi Eygi by members of the Israeli Defence Forces during a Palestinian demonstration in the Occupied West Bank.
Ms. Aysenur Ezgi Eygi was a member of the Palestinian-led International Solidarity Movement (ISM), which was founded in 2002 and uses non-violent methods to support Palestinian rights in the Israeli-Occupied Palestinian territories. Their members participate in peaceful demonstrations, accompany children to school and farmers to their fields. They also document international law violations by the Israeli military and by Israeli Jewish settlers.
ALLEGATIONS
On 6 September 2024, Ms. Eygi and other ISM members were observing a demonstration by Palestinians in the Occupied West Bank village of Beita, about 11 km south of Nablus. The demonstration was part of a weekly event to protest the construction of new Israeli settler outposts nearby, illegal under Israeli and international law. The Israeli Defence Forces (IDF) had surrounded the demonstration and initially fired tear gas in the air after clashes broke out between young Palestinian protestors throwing stones and burning tires, and Israeli soldiers. This was followed by the soldiers firing live ammunition, forcing the international observers and Palestinian protestors to retreat behind nearby trees and rocks. Ms. Eygi and other international activists were standing by an olive tree for at least 20 minutes as the situation calmed down. They were more than 200 meters away from soldiers on a hilltop who fired two rounds, the first of which hit a Palestinian man in the leg. A second round of fire was aimed at the group that included the international activists and Ms. Eygi was shot in the head. She was transported to a local hospital in Nablus where she died shortly after arrival. It is not known if the IDF gave any clear warning of the intent to use lethal force, and to allow time to heed the warning, before opening fire at any point during or after the demonstration had ended.
On 10 September 2024, the Israeli Defence Forces (IDF) released a statement saying that an initial inquiry by IDF commanders into the “incident,” in which Ms Eygi was killed found that it was “highly” likely she was hit “indirectly and unintentionally” by IDF fire aimed not at her but at the “key instigator of the riot.” The IDF said the “incident” took place during a “violent riot” in which “Palestinian suspects burned tires and hurled rocks towards Israeli security forces at the Beita Junction.” The IDF said an investigation by the Military Police Criminal Investigation Division was launched. It expressed its “deepest regret” over “the death” of Ms. Eygi.
According to the information received – direct from one eye-witness who said that at the time of the incident, there were no stone-throwing incidents aimed at the IDF in the area where Ms. Eygi was hiding, and the soldiers there were not in any danger when they fired, killing her. He said the incident occurred when clashes had ended for over 20 minutes after Palestinians threw stones and Israeli troops fired tear gas and live ammunition in response, dispersing the protestors. According to the witness, who was just under 200 metres from the military, two soldiers were seen on the rooftop of a nearby house, one of whom was aiming his gun at the group that included the international observers just before Ms. Eygi was shot. The witness also claimed that the IDF had resorted to routinely using live ammunition to disperse Palestinian protestors in the last year. In fact, the use of live ammunition is a long-standing common practice by the Israeli Forces against demonstrators, killing and wounding civilians, including children, journalists and health workers, which have been well documented by the Office of the High Commissioner for Human Rights, international and national civil society organisations, as well as UN Independent Experts.
Other witnesses reportedly said that about eight minutes after the clashes broke out, at least four Israeli soldiers climbed on to the roof of a nearby house that they had commandeered from its Palestinian owners. The situation then remained calm from 1.29 p.m. for more than 20 minutes as the protestors had dispersed and Ms. Eygi and other international observers were hiding in an olive grove, until two or three shots rang out, one of which hit Ms. Eygi. She was reportedly lifted to an ambulance at around 1.49 p.m.and taken to Rafidia Hospital where she was pronounced dead at around 2.35 p.m.
CONCERNS
In the communication, we express extremely grave concern at the killing of human rights defender, Ms. Eygi by IDF snipers at a time when there was no immediate risk of death or serious harm against them or other persons. We express further concern at the use of live ammunition at a time when any clashes had subsided, as well as the disproportionate and excessive use of force against protestors in general, in contravention with the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
The killing of Ms. Eygi constitutes prima facie a violation of the absolute right of every individual to life and security and not to be arbitrarily deprived of his or her life, as set forth in article 3 of the Universal Declaration of Human Rights (UDHR) and article 6 of the International Covenant on Civil and Political Rights (ICCPR), ratified by Israel on 3 October 1991. The right not to be arbitrarily deprived of life is a jus cogens obligation and should be respected and protected at all times, without possible derogation or exception even in security emergencies.
Without prejudice also to the conclusions regarding the unlawfulness of Israel’s presence in the occupied Palestinian territory and would like to remind the Government of Israel of its obligation under international law to conduct – or allow the conduct of – an independent, impartial, transparent, and thorough investigation, prosecute, and punish all violations of the right to life. We urge the Israeli Government in line with the Principles on Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, in particular principle 9, that there must be thorough, prompt and impartial investigations of all suspected cases of extra-legal, arbitrary and summary executions[1], and the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016).
Delay in ensuring accountability over this killing, will further aggravate the Israeli Government’s record of lack of compliance with international law.
[1] https://www.ohchr.org/en/instruments-mechanisms/instruments/principles-effective-prevention-and-investigation-extra-legal
