A/HRC/12/48
page 103
2.
(a)
Conflicting characterizations of the Gaza security forces
The approach of the Government of Israel
408. The position of the Government of Israel is that “due to their military functions, these
internal security forces were not accorded the immunity from attack generally granted to
civilians.” It alleges that, in May 2006, Hamas formed the Executive Force as a loyal militia,
“[drawing] this paramilitary force largely from its military wing, the Izz al-Din al-Qassam
Brigades, and armed the members with anti-tank missiles, mortars, machine guns and grenades.
The newly recruited commanders and subordinates were not obliged to give up their military
wing affiliation, and continued to operate simultaneously in both functions.” It further alleges
that after the June 2007 seizure of full control over Gaza, Hamas restructured the Executive
Force and subdivided it into several units, including the police, who “assumed many traditional
law enforcement functions”. It goes on to say that its members, however, remained members of
Hamas’ military wing and their weaponry continued to include machine guns and anti-tank
weapons. “[…] the former Executive Force continued to be closely integrated with — although
not formally part of — the al-Qassam Brigades. […] many members of the internal security
services also served directly in the al-Qassam Brigades.” Regarding the military operations, the
Israeli Government alleges that “Hamas intended to, and did, in fact, employ its internal security
forces for military activities during the Gaza Operation.” It further alleges that the “collective
role of the Gaza ‘police’ as an integral part of Hamas armed forces is further evidenced by the
fact that many Gaza ‘policemen’ were also members of the al-Qassam Brigades.” To support this
allegation, an Israeli Government paper shows pictures of four men killed during the military
operations. Each of the men is shown in two pictures purportedly downloaded from Palestinian
websites, one identifying the man as a policeman, the other as a member of al-Qassam Brigades.
Finally, the paper refers to the above-mentioned study of the Orient Research Group Ltd., stating
that it found that “more than nine out of every ten alleged ‘civilian police’ were found to be
armed terrorist activists and combatants directly engaged in hostilities against Israel.”265
(b)
The approach of the Gaza authorities
409. The characterization of the Gaza internal security forces by the Government of Israel
differs sharply from the tasks of the police as they are described on the official website of the
Gaza Ministry of Interior, in orders to the police issued by the Minister of Interior which the
Mission has reviewed, and in the interviews with the Director of Police and the police
spokesman conducted by the Mission.
410. The Director of Police, Gen. Jamal al-Jarrah, also known as Abu Obeidah, stated that “the
role of the police is to solve problems of the population, combat drug trafficking, arrest
criminals.” He reported that they are equipped with Kalashnikov firearms and batons, as the
authorities have not been able to obtain other police equipment, such as tear gas and small guns.
Gen. Abu Obeidah acknowledged that there were complaints about the “harsh” methods of the
265
“The operation in Gaza…”, paras. 237, 239, 241-242 and 245-247.
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