A/HRC/12/48
page 92
362. The Mission also notes that – as the Government of Israel argues at length225 – there are
circumstances under international humanitarian law in which military actions resulting in the
loss of civilian life would not be unlawful. These include attacks directed against military
objectives that comply with the principles of discrimination and proportionality, but nonetheless
kill civilians. They also include the killing of persons who, though not members of an armed
group, participate directly in the hostilities. The reportedly exceedingly high percentage of
civilians among those killed raises concerns about the precautions taken by Israel in launching
attacks as well as the legality of many of the attacks, as elaborated further in this report with
regard to the specific incidents investigated by the Mission.
363. The Mission finally notes that it cannot entirely discount the possibility that Palestinian
civilians may have been killed as a result of fire by Palestinian armed groups in encounters with
the Israeli armed forces, as argued in a submission to the Mission,226 although it has not
encountered any information suggesting that this was the case.227
2.
Israeli casualties
364. The Israeli Ministry of Foreign Affairs reported that, during the military operations from
27 December 2008 to 18 January 2009, there were four Israeli casualties228 in southern Israel
(all adults), of whom three were civilians and one was a soldier.229 In addition, nine Israeli
soldiers were killed during the fighting inside the Gaza Strip, four of whom by friendly fire.230
B’Teslem231 confirmed these numbers, stating that during the operations Palestinians killed nine
Israelis, of whom three civilians, who were reportedly killed by Qassam and Grad rocket fire,
and six members of the security forces, while another four soldiers were killed by friendly fire.232
225
“The operation in Gaza…”, paras. 89–141.
226
“The hidden dimension of Palestinian war casualties…”. This submission is examined in chapter VIII below.
The Mission has, however, investigated cases of alleged extrajudicial executions of Palestinians by Palestinian
armed groups during the military operations (see chap. XIX).
227
http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Hamas+war+against+Israel/Israel_strikes_back_
against_Hamas_terror_infrastructure_Gaza_27-Dec-2008.htm.
228
http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Hamas+war+against+Israel/Victims_Hamas
_rocket_fire_Hamas_ends_calm_Dec-2008.htm.
229
http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Hamas+war+against+Israel/
IDF_soldiers_killed_Operation_Cast_Lead.htm.
230
B’Tselem, “B’Tselem’s investigation of fatalities in Operation Cast Lead”, p. 2, available at:
http://www.btselem.org/Download/20090909_Cast_Lead_Fatalities_Eng.pdf.
231
Al-Qassam Brigades’ website reports that, during the conflict, they killed 102 Israeli soldiers (“The outcome
of al-Qassam operations during the Battle of al-Furqan” (in Arabic), available at: http://www.alqassam.ps/arabic/
special_files/al-furqan/30.pdf). On 19 January 2009, Abu Obeida, a spokesperson for the group, stated that
“Israel lost ‘at least 80 soldiers’ in the fighting”. See al-Arabiya News Channel, “Hamas says only 48 fighters slain
in Israel war”, 19 January 2009, available at: http://www.alarabiya.net/articles/2009/01/19/64513.html. The large
discrepancy in the data confirms the Mission’s observations below in the report about the reliability of the
information about the Gaza military operations posted on websites of al-Qassam and other Palestinian armed groups.
232
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