A/HRC/12/48
page 107
activists of Hamas or other terrorist organizations”,279 appears to be an overstatement that has led
to prejudicial presumptions against the nature of the police force that may not be justified.
420. In his meeting with the Mission, the Director of Police was very open in acknowledging
that many of his men were Hamas supporters, but insisted at the same time there are others who
supported other Palestinian factions.280 Police station commanders interviewed by the Mission
stated that most of their men (70 per cent according to the estimates of one station commander,
95 per cent in another station) had joined the police after June 2007.281 The Mission understands
that most, if not all, of the post-June 2007 recruits into the civil police, will have been recruited
from the Executive Force, which was strongly loyal to Hamas.
421. The Mission also notes, however, that in senior positions in the police, the representation
of non-Hamas men appears to have been broader. The Director of Police killed on 27 December
2008, Mr. Tawfiq Jabr, was generally known as not being affiliated with Hamas. Several of the
station commanders interviewed by the Mission were also not Hamas affiliates but men who had
joined the Palestinian Authority’s police after the Oslo Accords allowed the Palestinians to
constitute their own law-enforcement agencies. They had thus served in the Palestinian police in
Gaza for more than 10 years before Hamas seized control of it in June 2007.
422. The Mission further notes that the study conducted by the Orient Research Group Ltd.
names policemen killed during the attack, whom it identifies as members of Hamas, al-Qassam
Brigades, other armed Palestinian groups or “terror operatives” whose affiliation is not known.
In 78 out of 178 cases the policemen are alleged to be members of al-Qassam Brigades on the
sole basis that they were allegedly Hamas members.
423. Furthermore, it appears from the response to the Mission from the Orient Research Group
Ltd. describing its methodology that its information on police members’ alleged affiliation with
armed groups was based to a large extent on the websites of the armed groups. In this respect,
the Mission is mindful of a recent report by a Palestinian human rights NGO drawing attention to
the “issue of the ‘adoption’ of killed persons by resistance groups; i.e. declaration by a political
or armed group that the person killed was one of their members. Often, when persons, including
children, are killed by actions of the Israeli armed forces , political and/or armed groups ‘adopt’
them as ‘martyrs’ placing their photographs on their websites and commending their contribution
to resisting occupation. This does not mean that those persons killed were involved in resistance
activities in any way. The families accept this ‘adoption’ of deceased family members for
various reasons including the willingness of resistance groups to provide financial support to the
families and pay for funeral costs of the persons killed.” As the NGO concludes, “these cases
require in-depth investigation on a case-by-case basis in order to determine every person’s status
according to his actual affiliation”.282
279
“The operation in Gaza…”, para. 247.
280
Mission meeting with Director of Police, 4 June 2009.
281
Mission interviews with Gaza City police station commanders, 9 June 2009.
282
Al Mezan Center for Human Rights, “Cast lead offensive in numbers”, p. 5.
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