A/HRC/12/48
page 121
Qassam Brigades abandoned military dress and patrolled streets “in civilian clothes”.336 A
second report states that members of the Palestinian armed groups “also mixed with the civilian
population, although this would be difficult to avoid in the small and overcrowded Gaza Strip,
and there is no evidence that they did so with the intent of shielding themselves”.337
481. Finally, on this issue, it is relevant to mention that the Israeli Government has produced
no visual or other evidence to support its allegation that Palestinian combatants “mingle
routinely with civilians in order to cover their movements”.338
G.
Factual findings
482. On the basis of the information it gathered, the Mission finds that there are indications that
Palestinian armed groups launched rockets from urban areas. The Mission has not been able to
obtain any direct evidence that this was done with the specific intent of shielding the rocket
launchers from counterstrokes by the Israeli armed forces. The Mission also notes, however, that
Palestinian armed groups do not appear to have given Gaza residents sufficient warning of their
intention to launch rockets from their neighbourhoods to allow them to leave and protect
themselves against Israeli strikes at the rocket launching sites. The Mission notes that, in any
event, given the densely populated character of the northern half of the Gaza Strip, once Israeli
forces gained control of the more open or outlying areas during the first days of the ground
invasion, most -- if not all -- locations still accessible to Palestinian armed groups were in urban
areas.
483. The Mission finds that the presence of Palestinian armed fighters in urban residential
areas during the military operations is established. On the basis of the information it gathered,
the Mission is unable to form an opinion on the exact nature or the intensity of their combat
activities in urban residential areas that would have placed the civilian population and civilian
objects at risk of attack. While reports reviewed by the Mission credibly indicate that members
of Palestinian armed groups were not always dressed in a way that distinguished them from
civilians, the Mission found no evidence that Palestinian combatants mingled with the civilian
population with the intention of shielding themselves from attack.339
484. From the information it gathered, the Mission does not discount the use of booby traps by
the Palestinian armed groups. The Mission has no basis to conclude that civilian lives were put at
risk, since none of the reports records the presence of civilians in or near the houses that were
allegedly booby-trapped.
“Gaza’s unfinished business…”, p. 8. This report also appears to suggest that members of al-Qassam Brigades
were at least in part engaged in law enforcement and internal security functions rather than in combat with the
Israeli armed forces.
336
337
Israel/Gaza: Operation “Cast Lead”: 22 days…
338
“The operation in Gaza…”, para. 186.
It has also been reported that specialist Israeli troops operated in Gaza during the military operations in civilian
attire to liaise with informants and as francs-tireurs; Jane’s Sentinel Services, Country Risk Assessments – Israel,
30 January 2009.
339
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