A/HRC/12/48
page 202
927. No other buildings in the industrial compound belonging to the Hamadas were damaged at
the time of the strikes. It appears that the strikes on the flour mill were intentional and precise.
928. The Hamada brothers are well-known businessmen. The Israeli authorities did not appear
to consider them either before or after the military operations to be a threat, given the
unrestricted issuance of their Businessman Cards and their ability to travel to Israel afterwards.
The issuance of a Businessman Card is no trifle, especially in the context of the ongoing
restrictions on trade. It is not plausible that the Israeli authorities would issue such a document to
any party it regarded with suspicion.
929. The only issue that remains to be examined is whether there was any reason for the flour
mill to have been deemed a military objective on 9 January. The building was one of the tallest
in the area and would have offered extensive views to the Israeli armed forces. The Mission
notes that taking control of the building might be deemed a legitimate objective in the
circumstances. However, by 9 January the Israeli armed forces were fully aware that the flour
mill could be evacuated at short notice by using the warning message system. If the reason for
attacking the mill was to gain control of it for observation and control purposes, it made no sense
to bomb the principal machinery and to destroy the upper floors. There is also no suggestion that
the Israeli armed forces considered the building to be a source of enemy fire.
930. The nature of the strikes on the mill and in particular the precise targeting of crucial
machinery on one of the mid-level floors suggests that the intention was to disable its productive
capacity. There appears to be no plausible justification for the extensive damage to the flour mill
if the sole objective was to take control of the building. It thus appears that the only purpose was
to put an end to the production of flour in the Gaza Strip.
931. From the facts it ascertained, the Mission finds that there has been a violation of the grave
breaches provisions of the Fourth Geneva Convention. Unlawful and wanton destruction which
is not justified by military necessity would amount to a war crime.
932. Having concluded that the strikes were without any military justification, and therefore
wanton and unlawful, the Mission finds it useful to consider if there was any non-military
purpose to the strikes.
933. The aim of the strike, if not military, could only have been to destroy the local capacity to
produce flour. The question is whether such deliberate destruction of the sole remaining flourproducing capacity in the Gaza Strip can be described as having been done for the purpose of
denying sustenance to the civilian population.
934. Article 54 (1) and (2) of Additional Protocol I reflect customary international law.495
Article 54 (2) prohibits acts whose specific purpose is the denial of sustenance for whatever
reason, including starvation, forced displacement or anything else. In short, the motive for
denying sustenance need not be to starve the civilian population. Indeed, the motive is irrelevant.
In this respect the Mission agrees with the views expressed by ICRC in Customary Rules of International Law…,
pp. 189-193.
495
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