A/HRC/12/48
page 106
and a general alert has been declared by the police and among the security forces in case of any
emergency or a ground invasion. Police officers received clear orders from the leadership to face
(“ ”_ ﻳﻮاﺟﻪin Arabic) the enemy, if the Gaza Strip were to be invaded.”277 Confirming to the
Mission that he had been correctly quoted, Mr. Shahwan stated that the instructions given at that
meeting were to the effect that in the event of a ground invasion, and particularly if the Israeli
armed forces were to enter urban settlements in Gaza, the police was to continue its work of
ensuring that basic food stuffs reached the population, of directing the population to safe places,
and of upholding public order in the face of the invasion. Mr. Shahwan further stated that not a
single policeman had been killed in combat during the armed operations, proving that the
instructions had been strictly obeyed by the policemen.
417. The Mission notes that there are no allegations that the police as an organized force took
part in combat during the armed operations. On the basis of the information provided by the
Gaza authorities and of the above-mentioned study of the Orient Research Group Ltd., it would
appear that 75 per cent of its members killed in the course of the military operations died as a
result of the air strikes carried out during the first minutes of the Israeli attack. These men had
not engaged in combat with the Israeli armed forces.278
418. The Mission also notes that while the then commander of the Executive Forces and now
Director of Police did reportedly say in August 2007 that members of the Executive Force were
“resistance fighters”, he stressed in the same interview the authorities’ intention to develop it into
a law enforcement force. The Mission notes that a situation in which a recently constituted
civilian police force integrates former members of armed groups would not be unique to Gaza.
That prior membership in itself would not be sufficient to establish that the police in Gaza is a
part of al-Qassam Brigades or other armed groups.
419. Except for the statements of the police spokesperson, the Israel Government has presented
no other basis on which a presumption can be made against the overall civilian nature of the
police in Gaza. It is true that the police and the security forces created by Hamas in Gaza may
have their origins in the Executive Force. However, while the Mission would not rule out the
possibility that there might be individuals in the police force who retain their links to the armed
groups, it believes that the assertion on the part of the Government of Israel that “an
overwhelming majority of the police forces were also members of the Hamas military wing or
His statements are reported in the Arabic original on a website of the Egyptian Muslim Brotherhood, at
http://www.ikhwanonline.com/Article.asp?ArtID=43756&SecID=450. The journalist states that in spite of the
Israeli air attacks against police stations, the police continued to do law enforcement work and to direct the traffic:
“members of the Criminal Investigation and the Internal Security caught a quantity of drugs in some of the targeted
areas, and at the entrances of some of the crossroads and cities within the Strip, where one can observes members of
the police in civilian clothes monitoring the traffic”.
277
In “Fatal casualties…”, the Orient Research Group Ltd, however, identifies 31 policemen who it alleges were
killed in combat in Gaza during the period from 3 to 18 January. In a few cases the information is rather specific,
such as “killed on 4 January in Jabalya after launching rockets” or “killed on 6 January while fighting the IDF in
Deir al-Balah”. In other cases it is more generic, such as “killed while fighting the IDF”. The Mission accepts that
this might indicate that some individual members of the Gaza police were at the same time members of armed
groups. The Mission is also mindful, as explained below, that the claims of armed groups that a person killed during
the armed operations was one of their members have to be treated with care.
278
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