A/HRC/12/48
page 250
1176. From the facts ascertained by it, the Mission believes that there has also been a violation
of articles 7 and 10 of the International Covenant on Civil and Political Rights, as well as of
article 14 ICCPR with regard to the right to be brought before a judge at the earliest opportunity,
the right to be informed of the charges against one, the right to consult with legal counsel and the
right to be provided with a meaningful opportunity to defend oneself.
XVI. OBJECTIVES AND STRATEGY OF ISRAEL’S MILITARY
OPERATIONS IN GAZA
1177. This chapter addresses the objectives and the strategy underlying the Israeli military
operations in Gaza.
A.
Planning
1178. The question of whether incidents involving the Israeli armed forces that occurred
between 27 December 2008 and 18 January 2009 are likely to be the result of error, the activities
of rogue elements or a deliberate policy or planning depends on a number of factors, including
the degree and level of planning involved, the degree of discretion field commanders have in
operations, the technical sophistication and specification of weaponry, and the degree of control
commanders have over their subordinates.
1179. The Government of Israel has refused to cooperate with the Mission. The Mission has
therefore been unable to interview high-level members of the Israeli armed forces. It has,
nevertheless, reviewed a significant amount of commentary and conducted a number of
interviews on planning and discipline, including with persons who have been connected with the
planning of Israeli military operations in the recent past. The Mission has also analysed the
views expressed by Israeli officials in official statements, official activities and articles, and
considered comments by former senior soldiers and politicians.
1.
The context
1180. Before considering the issue of planning there is an important issue that has to be borne in
mind about the context of Israeli operations in Gaza. The land mass of Gaza covers 360 square
kilometres of land. Israel had a physical presence on the ground for almost 40 years with a
significant military force until 2005. Israel’s extensive and intimate knowledge of the realities of
Gaza present a considerable advantage in terms of planning military operations. The Mission has
seen grid maps in possession of the Israeli armed forces, for example, that show the
identification by number of blocks of houses throughout Gaza City.
1181. In addition to such detailed background knowledge, it is also clear that the Israeli armed
forces were able to access the telephone networks to contact a significant number of users in the
course of their operations.565
1182. Since the departure of its ground forces from Gaza in 2005, Israel has maintained almost
total control over land access and total control over air and sea access.566 This has also included
565
See “The operation in Gaza…”, paras. 8, 24, 138, 264, 350, 354, 375, 389 and 447.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents