A/HRC/12/48
page 128
sophisticated up-to-date intelligence in its planning. It had the means to use the landlines and
mobile telephone networks. It had complete domination of Gaza’s airspace. In terms of the
practical capabilities of issuing warnings, it is perhaps difficult to imagine more propitious
circumstances.
512. The Mission accepts that the element of surprise that was sought in the initial strikes
might well have provided a degree of justification for not giving any advance notice of the time
the strikes would take place or the buildings that would be struck.357
(a)
The question of whether civilians could be expected to respond to the warnings to
leave their homes
513. The Mission recognizes that leaflets dropped from the air can have some direct benefit in
assisting the civilian population to get out of harm’s way. The effectiveness will depend on three
considerations: the clarity of the message, the credibility of the threat and the possibility of those
receiving the warning taking action to escape the threat.
514. The Mission has already cited one kind of leaflet which referred to the likelihood of
attacks on locations storing weapons and ammunitions. At the beginning of the land-air phase
of the operations, the Israeli armed forces also dropped leaflets and made broadcasts advising
people to move towards city centres.
515. There had been an intense aerial campaign from 27 December 2008 until 3 January 2009
that had seen hundreds of buildings destroyed in built-up areas of city centres. Civilians not
living in city centres were being asked to leave their homes to go to places that as far as they
could reasonably assess were already in much more danger than they were in their own homes.
In order for the warning to be effective there had to be an objective basis to believe that they
would be safer elsewhere. The Mission does not consider that such an objective evaluation could
reasonably have been made by civilians in the Gaza Strip.
516. During its meetings with people in Gaza the Mission was told on several occasions of the
sense that there was “nowhere to go”. The nature of the attacks in the first week had caused deep
shock. The widespread attacks created a dilemma not only about where to go but about whether
it was safe to leave at all.
517. Even if in the minds of the Israeli armed forces it would have been safer, from 3 January
onwards, for civilians to go to city centres, nothing that had happened in the preceding week
could lead those civilians to the same conclusion given the widespread destruction of areas and
buildings. The events that occurred in those locations after 3 January appear to support the view
that going to the city centres offered little guarantee of safety.
The recognition of a legitimate element of surprise does not necessarily mean that the Mission accepts the targets
chosen were legally justifiable in the circumstances. That matter is dealt with in different parts of this report.
357
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents