A/HRC/12/48
page 258
disruption in the lives of many people as a legitimate means to achieve military and political
goals.
1214. Through its overly broad framing of the “supporting infrastructure”, the Israeli armed
forces have sought to construct a scope for their activities that, in the Mission’s view, was
designed to have inevitably dire consequences for the non-combatants in Gaza.
1215. Statements by political and military leaders prior to and during the military operations in
Gaza leave little doubt that disproportionate destruction and violence against civilians were part
of a deliberate policy.594
1216. To the extent to which statements such as that of Mr. Yishai on 2 February 2009 indicate
that the destruction of civilian objects, homes in that case, would be justified as a response to
rocket attacks (“destroy 100 homes for every rocket fired”), the Mission is of the view that
reprisals against civilians in armed hostilities are contrary to international humanitarian law.595
Even if such actions could be considered a lawful reprisal, they do not meet the stringent
conditions imposed, in particular they are disproportionate,596 and violate fundamental human
rights and obligations of a humanitarian character.597 One party's targeting of civilians or civilian
areas can never justify the opposing party’s targeting of civilians and civilian objects, such as
homes, public and religious buildings, or schools.
XVII.
THE IMPACT OF THE BLOCKADE AND OF THE MILITARY
OPERATIONS ON THE PEOPLE OF GAZA AND THEIR
HUMAN RIGHTS
“A military commander’s obligation does not end with avoiding harm to the lives and
the dignity of the local residents, a “negative obligation”, but his obligation is also
“positive”- he must protect the lives and dignity of the residents, within the constraints
of the time and place….” Justice Barak (HCJ 764/04)
“As long as Israel has control of the transfer of necessities and the supply of
humanitarian needs to the Gaza Strip, it is bound by the obligations of international
humanitarian law to allow the civilian population to have access, inter alia, to medical
facilities, food and water, as well as additional humanitarian items”.
Justice Beinisch (HCJ 201/09)
1217. During its visits to the Occupied Palestinian Territory, and its meetings and hearings in
Gaza, Amman, Geneva and other places, the Mission saw for itself and received reports and
Highlighting the pattern of military actions targeting civilian shelters and shelter seekers, the Habitat
International Coalition concludes: “The official statements that accompany these actions […] seem to reflect a
presumption that any source of brutality against the indigenous inhabitants would convert the victims into agents of
the attackers’ preferred outcome: defeat of resistance” (submission, cited, p. 40).
594
595
See Additional Protocol I, art. 51 (6).
596
Customary International Humanitarian Law…, pp. 513–518.
See also article 50 of the articles on responsibility of States for internationally wrongful acts of the International
Law Commission (General Assembly resolution 56/83, annex).
597
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