A/HRC/12/37
page 7
reported as having stated that a total of 295 Palestinian non-combatants died during the
operation, 89 of them under the age of 16 and 49 of them women, the Army added.15
12. According to the Israeli Ministry of Foreign Affairs, 10 Israeli soldiers were killed in the
course of the military operation, 4 of them in “friendly fire” incidents, and 336 were wounded. In
southern Israel, during the operation, 4 Israeli civilians were killed and 182 were injured
(ranging from serious injuries to those attributable to shock) due to rockets and mortar shells
fired at Israel from Gaza.16
13. In a letter dated 4 May 2009, the Government of Israel provided OHCHR with information
regarding five IDF investigations that had been conducted into the conduct of Israeli forces
during the hostilities in Gaza, in connection with a number of specific incidents. In each of the
investigations, it was concluded that IDF had operated in accordance with international law.
Some of the investigations recommended a revision of existing methods and/or further
examinations. The IDF Spokesperson’s Unit has stated that there is also a central operational
IDF investigation of the entire operation being conducted, which will be concluded by
June 2009.17
A. Alleged breaches of the principle of distinction and indiscriminate attacks
Distinction between civilians and combatants
14. The reports of civilians being attacked by Israeli forces are numerous,18 and some of these
have been reported previously by a number of special rapporteurs.19 The present report wishes to
highlight, in particular, the following reported cases.
15. On 3 January, in the al Zaytoun area of Gaza City, Israeli soldiers approached a family
house and shot the male head of the household while he had both hands in the air and his identity
15
Communication by the IDF Spokesperson, 26 March 2009.
16
An additional 584 persons suffered from shock and anxiety syndrome. Israeli Ministry of
Foreign Affairs, “Operation Cast Lead - Israel strikes back against Hamas terror in
Gaza”, 21 July 2009. See also Amnesty International, Operation “Cast Lead”, p. 66.
17
Israeli Ministry of Foreign Affairs, “IDF: Conclusions of investigations into central claims
and issues in Operation Cast Lead”, 22 April 2009.
18
See, for instance, Amnesty International, Operation “Cast Lead”; No Safe Place, report of
the Independent Fact Finding Committee on Gaza to the League of Arab States, 30 April 2009;
B’Tselem: Guidelines for Israel’s Investigation into Operation Cast Lead, position paper,
February 2009; and Human Rights Watch, Precisely Wrong: Gaza Civilians Killed by Israeli
Drone-Launched Missiles, 30 June 2009.
19
See e.g. A/HRC/10/22.
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