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carried out. The deployment of bulldozers for systematic destruction is graphically recounted.
Soldiers confirm in considerable detail information provided to the Mission by witnesses.525
1027. The Mission refers to chapter XVII, where it found that the systematic destruction of food
production, water services and construction industries was related to the overall policy of
disproportionate destruction of a significant part of Gaza’s infrastructure.
5.
General legal findings
1028. The Mission has made detailed findings in relation to each of the incidents set out above.
However, given the nature of the systematic attacks on the food, water and infrastructure
provision in Gaza during the military operations, the Mission also believes it is important to
highlight the issue of State responsibility and the liability of Israel in relation to the
internationally wrongful acts committed.
1029. While the element of fault is controversial in the law of State responsibility, the Mission
has found that in all of the cases described above both the act and the consequence were
intended.
1030. Israel had a number of duties in respect of its actions during the military operations. These
included the general obligation reflected in article 52 of Additional Protocol I to ensure that
civilian objects are not the objects of attack and to ensure the protection of objects indispensable
to the survival of the civilian population. In addition, the customary norms of international law
contained in article 54 (2) of Additional Protocol I require States not to destroy objects
indispensable to the survival of the population.
1031. Israel displayed a premeditated determination to achieve the objective of destruction. It is,
therefore, responsible for the internationally wrongful acts it perpetrated in breach of the duties
specified above.
XIV. THE USE OF PALESTINIAN CIVILIANS AS HUMAN SHIELDS
1032. The Mission received allegations that in two areas in north Gaza Israeli troops used
Palestinian men as human shields whilst conducting house searches. The Palestinian men were
allegedly forced to enter houses at gunpoint in front of or, in one case, instead of soldiers. The
Mission investigated four cases. One incident took place in the Izbat Abd Rabbo neighbourhood
and another in al-Salam neighbourhood, both east of Jabaliyah, close to the border with Israel.
Two incidents took place in al-Israa neighbourhood, west of Beit Lahia. The Mission visited
See Soldiers’ Testimonies…, testimony 17 on “infrastructure work” and the razing of orchards, p. 44 and
testimony 29, p. 66. Note also testimony 46 on the practice of D-9 armoured bulldozers effectively working around
the clock, largely destroying orchards (p. 100). The Mission notes that an issue raised on several occasions was the
idea of the “day after” – the circumstances that Israel would find after finishing the military operations in terms of
addressing future attacks from Gaza. Even if this could be conceived of as a longer-term strategic military goal, it is
not a legitimate one in these circumstances. It does not meet the appropriate test for military advantage in the pursuit
of certain objectives. Nor does it meet the test of military necessity referred to in the grave breaches provisions. See
also chapter XVI.
525
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