A/HRC/12/48
page 214
air phase and the advance of the ground invasion), only 4 between 10 and 16 January and
50 between 16 and 19 January 2009.516 Similarly, in al-Atatra, out of 94 severely damaged or
completely destroyed buildings, 36 were destroyed between 27 December 2008 and 10 January
2009, only 6 between 10 and 16 January, and 52 between 16 and 19 January 2009.517
1004. These figures confirm that a first phase of extensive destruction of housing for the
“operational necessity” of the advancing Israeli forces in these areas was followed by a period of
relative idleness on the part of the Israeli bulldozers and explosives engineers. But during the last
three days, aware of their imminent withdrawal, the Israeli armed forces engaged in another
wave of systematic destruction of civilian buildings.518
3.
Legal findings
1005. From the facts ascertained by it, the Mission finds that the houses of the families of Saleh
Hajaj, of Wa’el al-Samouni, of Khalid Abd Rabbo and of Muhammad Fouad Abu Askar were
subjected to direct attacks in spite of their unmistakably civilian nature. They did not present any
apparent threat to the Israeli armed forces. These attacks violated the principle of distinction in
customary international humanitarian law as codified in article 52 of Additional Protocol I.
1006. Considering the facts it has gathered on the destruction of these houses from the soldiers’
testimonies and the UNOSAT report, the Mission finds that the conduct of the Israeli armed
forces in these cases amounted to the grave breach of “extensive destruction… of property, not
justified by military necessity and carried out unlawfully and wantonly” under article 147 of the
Fourth Geneva Convention.
1007. Article 11 of the International Covenant on Economic, Social and Cultural Rights requires
State parties to “recognize the right of everyone to an adequate standard of living for himself and
his family, including adequate… housing”. From the facts ascertained by it, the Mission finds
that the Israeli armed forces violated the right to adequate housing of the families concerned.
E.
Analysis of the pattern of widespread destruction of economic
and infrastructural targets
1008. The Mission interviewed Mr. Amr Hamad, the Deputy General-Secretary of the
Palestinian Federation of Industries, on three separate occasions, including at the public hearings
in Gaza. The Mission also met a number of businessmen involved in fishing, strawberry farming,
construction, including concrete and cement production and packaging, food and drinks
production, car mechanics and repairs, livestock farming and refrigeration. While much of the
information provided to the Mission focused on the effect of the restrictions Israel had imposed
516
UNOSAT report, p. 17.
517
Ibid., pp. 20–21.
The Mission finally notes that, in its formal submission, Housing and Land Rights Network – Habitat
International Coalition provides a detailed historical account of the Israeli army practices of targeting civilian homes
and generating displaced populations that suggests a pattern that is not unique to the military operation in Gaza of
December 2008 – January 2009 , but “consistent over time and across borders”.
518
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