A/HRC/12/48
page 41
goes to all those who assisted with the daunting task of organizing at very short notice the public
hearings in Gaza and in Geneva. The Mission wishes to formally thank the Government of Egypt
and in particular the Permanent Mission of Egypt in Geneva. The Mission wishes to formally
thank the Governments of Jordan and of Switzerland for facilitating the issuance of entry visas at
short notice. The Mission also wishes to acknowledge the continued support received from the
United Nations Secretary-General.
150. Finally, the Mission wishes to thank the people of Gaza for their warm welcome, their
humanity and their hospitality in spite of such difficult and painful circumstances.
I.
A.
METHODOLOGY
Mandate and terms of reference
151. In his letter appointing the members of the Mission, the President of the Council entrusted
the Mission with the following mandate: “to investigate all violations of international human
rights law and international humanitarian law that might have been committed at any time in the
context of the military operations that were conducted in Gaza during the period from 27
December 2008 and 18 January 2009, whether before, during or after.”
152. To implement its mandate, the Mission determined that it was required to consider any
actions by all parties that might have constituted violations of international human rights law or
international humanitarian law. The mandate also required it to review related actions in the
entire Occupied Palestinian Territory and Israel.
153. With regard to temporal scope, the Mission’s broad mandate includes violations before,
during and after the military operations that were conducted in Gaza between 27 December 2008
and 18 January 2009. The Mission considered that, while the Gaza events must be seen in the
context of the overall conflict and situation in the Occupied Palestinian Territory, in view of the
limited time and resources available, it would be beyond its abilities to focus on conduct or
actions that took place long before the military operation of December–January. The Mission
therefore decided to focus primarily on events, actions or circumstances occurring since 19 June
2008, when a ceasefire was agreed between the Government of Israel and Hamas. The Mission
has also taken into consideration matters occurring after the end of military operations that
constitute continuing human rights and international humanitarian law violations related to or as
a consequence of the military operation, up to 31 July 2009.
154. The Mission considered that the reference in its mandate to violations committed in the
context of the December–January military operations required it to go beyond violations that
took place directly as part of the operations. Thus violations within its mandate include those that
are linked to the December–January military operations in terms of time, objectives and targets,
and include restrictions on human rights and fundamental freedoms relating to Israel's strategies
and actions in the context of its military operations.
155. The normative framework for the Mission has been general international law, the Charter
of the United Nations, international humanitarian law, international human rights law and
international criminal law.
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