A/HRC/12/48
page 95
373. The Israeli army spokesperson further elaborated: “The attack on strategic government
objectives, which constitute part of Hamas’s mechanism of control, is a direct response to the
continued firing on communities in southern Israel by the Hamas terrorist organization.”238
3.
The position of the Government of Israel
374. The Mission observes that the Government of Israel is not alleging that any Hamas
military activity, such as launching of rockets, storage of weapons or planning of operations, was
carried out in the Legislative Council building, the Ministry of Justice or the main prison. The
justification of the Government of Israel for the strike on the Palestinian Legislative Council is
that it is a “Hamas Government site”, and that such sites “serve as a critical component of the
terrorist groups’ infrastructure in Gaza” and “constitute part of Hamas’s mechanism of control”.
375. This explanation posted on the Israeli armed forces’ official website is integrated and
elaborated on by numerous statements made by current and former senior Government officials
to the media. Major Avital Leibovich, a spokesperson of the Israeli armed forces, reportedly
argued “anything affiliated with Hamas is a legitimate target.”239 The deputy chief of staff, Maj.
Gen. Dan Harel, reportedly told a meeting with heads of local authorities in southern Israel that:
This operation is different from previous ones. We have set a high goal which we are
aiming for. We are hitting not only terrorists and launchers, but also the whole Hamas
government and all its wings. […] We are hitting government buildings, production
factories, security wings and more. We are demanding governmental responsibility from
Hamas and are not making distinctions between the various wings. After this operation
there will not be one Hamas building left standing in Gaza, and we plan to change the
rules of the game.240
376. Israeli armed forces’ spokesman Captain Benjamin Rutland reportedly stated: “Our
definition is that anyone who is involved with terrorism within Hamas is a valid target. This
ranges from the strictly military institutions and includes the political institutions that provide the
logistical funding and human resources for the terrorist arm.”241
377. Mr. Matti Steinberg, a former senior adviser to the Israeli General Security Services,
argued that “Hamas’s civilian infrastructure is a very, very sensitive target. If you want to put
pressure on them, this is how”.242 Less than three months before the hostilities in Gaza began,
Col. Gabriel Siboni similarly argued that:
Official statement by an Israeli military spokesman, 1 January 2009, available at: http://dover.idf.il/IDF/
News_Channels/art_mivzaim/09/01/0101.htm (in Hebrew).
238
239
The Washington Post, “All-out war declared on Hamas”, 30 December 2008.
240
Ynet, “Deputy chief of staff: worst still ahead”, 29 December 2008.
BBC News, “Gaza conflict: who is a civilian?”, 5 January 2009, available at: http://news.bbc.co.uk/2/hi/
middle_east/7811386.stm.
241
242
“All-out war…”.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents