A/HRC/12/48
page 132
call the inhabitants of a house. The Mission notes that these warnings all took place in situations
where the view appears to have been reached that those in the house are civilians or
predominantly civilians. If the choice is between making another call or firing a light missile that
carries with it a significant risk of killing those civilians, the Mission is not convinced that it
would not have been feasible to make another call to confirm that a strike was about to be made.
535. Finally, apart from the issue of fear and ambiguity, there is the question of danger. The
idea that an attack, however limited in itself, can be understood as an effective warning in the
meaning of article 57 (2) (c) is rejected by the Mission.
(c)
Leaflets
536. The leaflets and radio broadcasts that told people to leave their homes and head towards
city centres were in most cases lacking in specificity and clarity: people could not be certain that
the warnings were directed at them in particular, since they were being issued as far as they
could tell to almost everyone, and they could not tell when they should leave since there was
rarely an indication of when attacks would take place. Furthermore, in the circumstances created
by the Israeli armed forces, people could not reasonably be expected to flee to what appeared to
be even less safe places on the basis of such non-specific warnings. Therefore, the Mission does
not consider such warnings to have been the most effective possible in the circumstances and,
indeed, doubts that many were effective at all.
7.
Conclusions
537. While noting the statements of the significant efforts made by the Israeli armed forces to
issue warnings, the sole question for the Mission to consider at this point is whether the different
kinds of warnings issued can be considered as sufficiently effective in the circumstances to
constitute compliance with article 57 (2) (c).
538. The Mission accepts that the warnings issued by the Israeli armed forces in some cases
encouraged numbers of people to flee and get out of harm’s way in respect of the ground
invasion, but this is not sufficient to consider them as generally effective.
539. The Mission considers that some of the leaflets with specific warnings, such as those that
Israel indicates were issued in Rafah and al-Shujaeiyah, may be regarded as effective. However,
the Mission does not consider that general messages telling people to leave wherever they were
and go to city centres, in the particular circumstances of this military campaign, meet the
threshold of effectiveness.
540. The Mission regards some specific telephone calls to have provided effective warnings
but treats with caution the figure of 165,000 calls made. Without sufficient information to know
how many of these were specific, it cannot say to what extent such efforts might be regarded as
effective.
541. The Mission does not consider the technique of firing missiles into or on top of buildings
as capable of being described as a warning, much less an effective warning. It is a dangerous
practice and in essence constitutes a form of attack rather than a warning.
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