A/HRC/12/48
page 17
30. Statistics about Palestinians who lost their lives during the military operations vary. Based
on extensive field research, non-governmental organizations place the overall number of persons
killed between 1,387 and 1,417. The Gaza authorities report 1,444 fatalities. The Government of
Israel provides a figure of 1,166. The data provided by non-governmental sources on the
percentage of civilians among those killed are generally consistent and raise very serious
concerns about the way Israel conducted the military operations in Gaza.
31. According to the Government of Israel, during the military operations there were four
Israeli fatalities in southern Israel, of whom three were civilians and one a soldier. They were
killed by rocket and mortar attacks by Palestinian armed groups. In addition, nine Israeli soldiers
were killed during the fighting inside the Gaza strip, four of whom as a result of friendly fire.
3.
Attacks by Israeli forces on government buildings and persons
of the Gaza authorities, including police
32. The Israeli armed forces launched numerous attacks against buildings and persons of the
Gaza authorities. As far as attacks on buildings are concerned, the Mission examined the Israeli
strikes against the Palestinian Legislative Council building and the Gaza main prison (chap. VII).
Both buildings were destroyed and can no longer be used. Statements by Israeli Government and
armed forces representatives justified the attacks arguing that political and administrative
institutions in Gaza are part of the “Hamas terrorist infrastructure”. The Mission rejects this
position. It finds that there is no evidence that the Legislative Council building and the Gaza
main prison made an effective contribution to military action. On the information available to it,
the Mission finds that the attacks on these buildings constituted deliberate attacks on civilian
objects in violation of the rule of customary international humanitarian law whereby attacks must
be strictly limited to military objectives. These facts further indicate the commission of the grave
breach of extensive destruction of property, not justified by military necessity and carried out
unlawfully and wantonly.
33. The Mission examined the attacks against six police facilities, four of them during the first
minutes of the military operations on 27 December 2008, resulting in the death of 99 policemen
and nine members of the public. Overall, the approximately 240 policemen killed by Israeli
forces constitute more than one sixth of the Palestinian casualties. The circumstances of the
attacks seem to indicate, and the Government of Israel’s July 2009 report on the military
operations confirm, that the policemen were deliberately targeted and killed on the ground that
the police, as an institution or a large part of the policemen individually, are, in the Government
of Israel’s view, part of the Palestinian military forces in Gaza.
34. To examine whether the attacks against the police were compatible with the principle of
distinction between civilian and military objects and persons, the Mission analysed the
institutional development of the Gaza police since Hamas took complete control of Gaza in July
2007 and merged the Gaza police with the “Executive Force” it had created after its election
victory. The Mission finds that, while a great number of the Gaza policemen were recruited
among Hamas supporters or members of Palestinian armed groups, the Gaza police were a
civilian law-enforcement agency. The Mission also concludes that the policemen killed on 27
December 2008 cannot be said to have been taking a direct part in hostilities and thus did not
lose their civilian immunity from direct attack as civilians on this basis. The Mission accepts that
there may be individual members of the Gaza police that were at the same time members of
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