A/HRC/12/48 page 97 5. Legal analysis 382. In assessing the Israeli strikes against the Legislative Council building and the main prison, the Mission first of all notes that Hamas is an organization with distinct political, military and social welfare components.245 383. Since July 2007 Hamas has been the de facto government authority in Gaza. As recognized by the Israeli Government,246 the Hamas-led authorities in Gaza have been responsible for the civilian administration of Gaza. For instance, they employ civil servants and workers, run schools, hospitals, traffic police and the administration of justice. The fact that these institutions and the buildings housing them have been administered by authorities led by Hamas since July 2007, and no longer by a government composed of both Hamas and Fatah members has, in the view of the Mission, no bearing on the continued civilian character of these institutions. Regarding the prison, the Mission finds the consequences of the attack aptly described in the answer to its questions received from the Gaza authorities: “As a result of this targeting, great numbers of those who were detained pending trial in criminal cases and of those convicted of major crimes such as murder escaped. This has caused disorder and chaos, encouraged ‘family revenge’ cases and people taking the law into their own hands.”247 As far as the Palestinian Legislative Council building is concerned, it served representatives from all Palestinian parties who won seats in the 2006 elections (which were recognized as free and fair by international observers). 384. The Mission met with Gaza-based Legislative Council members belonging to Hamas, to Fatah and to the Popular Front for the Liberation of Palestine.248 While Hamas constitutes the de facto authority in Gaza, the buildings attacked and destroyed served a public purpose that cannot be regarded as “promoting Hamas terrorist activity”. 385. The fundamental rule of international humanitarian law applicable to attacks against buildings and infrastructure is enshrined in article 52 of Additional Protocol I (“General Protection of civilian objects”). This provision is generally recognized as codifying customary law applicable to both international and non-international armed conflicts:249 This situation is recognized also by Governments which have listed Hamas’ military component as “terrorist”. The Australian Government’s listing of al-Qassam Brigades as a terrorist organization (last updated 14 September 2007), for instance, explains: “The functions of the Hamas organization, which has distinct civilian and military wings, include legitimate political and social activities. Its welfare and mosque networks act as a base for its recruitment and propaganda activities. Its terrorist operations are conducted by its military wing, the Izz ad-Din al-Qassam Brigades.” 245 246 “The operation in Gaza…”, para. 235. 247 Reply from the Gaza authorities to the Mission’s list of questions (July 2009). 248 The Mission also spoke with West Bank-based Legislative Council members. International Committee of the Red Cross (ICRC), Customary International Humanitarian Law, vol. I, JeanMarie Henckaerts and Louise Doswald-Beck, eds. (Cambridge University Press, 2005), rules of customary law 7–9. The Israeli Government recognizes this principle. See “The operation in Gaza…”, para. 95. 249