A/HRC/12/37
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law having been committed by the Israeli forces and Palestinian militants. Under international
humanitarian law, parties to a conflict must at all times distinguish between civilians and
combatants, and between civilian objects and military objectives. Indiscriminate attacks are
prohibited.
Distinction between civilian objects and military objectives
20. The Israeli military targeted and damaged numerous civilian administrative facilities,
including buildings of the Palestinian Legislative Council, the Ministry of Foreign Affairs, the
Ministry of Justice, prisons and police stations, despite its obligations under international
humanitarian law to respect such facilities.26 In addition, the Israeli military damaged a wide
range of civilian constructions, including an estimated 21,000 private homes27 hospitals, schools
(including those operated by the United Nations), universities, factories, businesses and
mosques.28
21. By way of example, on 5 January 2009, Israeli forces bombed from the air the al-Raeiya
medical centre near a large hospital in Gaza City. The centre was clearly marked as a medical
facility, and there are no military or even governmental buildings in its vicinity.29 The Al-Quds
medical centre, run by the Palestine Red Crescent Society in Gaza City, caught fire after it was
hit, putting at risk the lives of around 100 patients and the medical staff caring for them.30
According to the World Health Organization (WHO), 15 of Gaza’s 27 hospitals suffered
damage, among them Al-Wafa rehabilitation hospital, which is Gaza’s only rehabilitation
hospital.31
22. Even facilities marked clearly as being operated by the United Nations were damaged,
including schools run by the United Nations Relief and World Agency for Palestine Refugees in
the Near East (UNRWA), some of which were serving as emergency shelters, and health centres.
On 5 January 2009, the Asma Elementary School run by UNRWA was hit by Israeli shelling,
26
Amnesty International, Operation “Cast Lead”, p. 60.
27
OCHA Gaza Flash Appeal, p. 17. Amnesty International estimates that 20,000 homes were
damaged and 3,000 destroyed; see Operation “Cast Lead”, p. 56. No Safe Place, estimates that
over 3,000 homes were destroyed and over 11,000 damaged (para. 10).
28
See, for instance, No Safe Place, para. 496, which reports destruction and damage
to 45 mosques, 58 hospitals and primary health-care centres, 178 schools, 17 universities,
215 factories, 700 businesses as well as to 80 per cent of Gaza’s agricultural land.
29
Amnesty International, The conflict in Gaza: A briefing on applicable law, investigations and
accountability, January 2009, p. 14.
30
International Committee of the Red Cross (ICRC), “Gaza: Wounded at risk as Al-Quds
Hospital is hit”, 15 January 2009.
31
WHO situation report, 4 February 2009, www.who.int/hac/crises/international/
wbgs/sitreps/gaza_4feb2009/en/index.html.
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