A/HRC/12/48
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deliberately or recklessly or in the knowledge that the consequence that resulted would result in
the ordinary course of events. The Mission has thus referred in many cases to the relevant fault
element (mens rea). The Mission fully appreciates the importance of the presumption of
innocence: the findings in the report do not subvert the operation of that principle. The findings
do not attempt to identify the individuals responsible for the commission of offences nor do they
pretend to reach the standard of proof applicable in criminal trials.
26. In order to provide the parties concerned with an opportunity to submit additional relevant
information and express their position and respond to allegations, the Mission also submitted
comprehensive lists of questions to the Government of Israel, the Palestinian Authority and the
Gaza authorities in advance of completing its analysis and findings. The Mission received replies
from the Palestinian Authority and the Gaza authorities but not from Israel.
C.
Facts investigated by the Mission, factual and legal findings
The Occupied Palestinian Territory: the Gaza Strip
1.
The blockade
27. The Mission focused (chap. V) on the process of economic and political isolation imposed
by Israel on the Gaza Strip, generally referred to as a blockade. The blockade comprises
measures such as restrictions on the goods that can be imported into Gaza and the closure of
border crossings for people, goods and services, sometimes for days, including cuts in the
provision of fuel and electricity. Gaza’s economy is further severely affected by the reduction of
the fishing zone open to Palestinian fishermen and the establishment of a buffer zone along the
border between Gaza and Israel, which reduces the land available for agriculture and industry. In
addition to creating an emergency situation, the blockade has significantly weakened the
capacities of the population and of the health, water and other public sectors to respond to the
emergency created by the military operations.
28. The Mission holds the view that Israel continues to be duty-bound under the Fourth
Geneva Convention and to the full extent of the means available to it to ensure the supply of
foodstuff, medical and hospital items and other goods to meet the humanitarian needs of the
population of the Gaza Strip without qualification.
2.
Overview of Israel’s military operations in the Gaza Strip and casualties
29. Israel deployed its navy, air force and army in the operation it codenamed “Operation Cast
Lead”. The military operations in the Gaza Strip included two main phases, the air phase and the
air-land phase, and lasted from 27 December 2008 to 18 January 2009. The Israeli offensive
began with a week-long air attack, from 27 December until 3 January 2009. The air force
continued to play an important role in assisting and covering the ground forces from 3 January to
18 January 2009. The army was responsible for the ground invasion, which began on 3 January
2009, when ground troops entered Gaza from the north and the east. The available information
indicates that the Golani, Givati and Paratrooper Brigades and five Armoured Corps Brigades
were involved. The navy was used in part to shell the Gaza coast during the operations. Chapter
VI also locates the incidents investigated by the Mission, described in chapters VII to XV, in the
context of the military operations.
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