A/HRC/12/48
page 99
389. There is an absence of evidence or, indeed, any allegation from the Israeli Government
and armed forces that the Legislative Council building, the Ministry of Justice or 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.
390. In the Mission's view 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, as defined in article 147 of the Fourth Geneva Convention.
391. The Mission rejects the analysis of present and former senior Israeli officials that, because
of the alleged nature of the Hamas government in Gaza, the distinction between civilian and
military parts of the government infrastructure is no longer relevant in relation to Israel’s conflict
with Hamas. This analysis is accompanied, in the statements of Col. Gabriel Siboni and Mr.
Matti Steinberg, by an explicit argument that Israel should “put pressure” on Hamas by targeting
civilian infrastructure to attain its war aims.
392. The Mission is of the view that this is a dangerous argument that should be vigorously
rejected as incompatible with the cardinal principle of distinction. International humanitarian law
prohibits attacks against targets that do not make an effective contribution to military action.
Attacks that are not directed against military (or dual use) objectives are violations of the laws of
war, no matter how promising the attacker considers them from a strategic or political point of
view. As a recent academic contribution to the discussion on whether “new wars” require “new
laws” has noted, “if this argument [that attacks against political, financial or psychological
targets may prove more effective than those against military or dual-use objectives] was
decisive, in some societies – in particular in democracies – it may be hospital maternity wards,
kindergartens, religious shrines, or homes for the elderly whose destruction would most affect
the willingness of the military or of the government to continue the war.”251
B.
Deliberate attacks on the Gaza police
393. Information received by the Mission indicates that 248 members of the Gaza police were
killed in the course of Israel’s military operations.252 In other words, more than one out of every
six casualties was a member of the Gaza police.
394. The Mission visited the “Arafat City” police headquarters in Gaza City and five police
stations: the Abbas police station (central Gaza City), three police stations in neighbourhoods in
the east and south of Gaza City (Zeytoun, al-Shujaeiyah and al-Tuffah) and the Deir al-Balah
investigative police station. The Mission interviewed the Director of Police, the police
spokesman, station commanders at the stations visited and other persons knowledgeable about
Marco Sassoli, “Targeting: the scope and utility of the concept of “military objectives” for the protection of
civilians in contemporary armed conflicts”, New Wars, New Laws? Applying the Laws of War in 21st Century
Conflicts, D. Wippman and M. Evangelista, eds. (Ardsley, New York; Transnational Publishers; 2005), p. 196.
251
The Central Commission for Documentation and Pursuit of Israeli War Criminals (TAWTHEQ), established by
the Gaza authorities’ Ministry of Justice.
252
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