A/HRC/12/48 (ADVANCE 2)
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(b)
Incidents involving the killing of civilians
1921. The Mission found numerous instances of deliberate attacks on civilians and civilian
objects (individuals, whole families, houses, mosques) in violation of the fundamental
international humanitarian law principle of distinction, resulting in deaths and serious
injuries. In these cases the Mission found that the protected status of civilians was not
respected and the attacks were intentional, in clear violation of customary law reflected in
article 51 (2) and 75 of Additional Protocol I, article 27 of the Fourth Geneva Convention
and articles 6 and 7 of the International Covenant on Civil and Political Rights. In some
cases the Mission additionally concluded that the attack was also launched with the
intention of spreading terror among the civilian population. Moreover, in several of the
incidents investigated, the Israeli armed forces not only did not use their best efforts to
permit humanitarian organizations access to the wounded and medical relief, as required
by customary international law reflected in article 10 (2) of Additional Protocol I, but they
arbitrarily withheld such access.
1922. With regard to one incident investigated, involving the death of at least 35
Palestinians, the Mission finds that the Israeli armed forces launched an attack which a
reasonable commander would have expected to cause excessive loss of civilian life in
relation to the military advantage sought, in violation of customary international
humanitarian law as reflected in Additional Protocol I, articles 57 (2) (a) (ii) and (iii). The
Mission finds a violation of the right to life (ICCPR, article 6) of the civilians killed in this
incident.
1923. The Mission also concludes that Israel, by deliberately attacking police stations and
killing large numbers of policemen (99 in the incidents investigated by the Mission) during
the first minutes of the military operations, failed to respect the principle of proportionality
between the military advantage anticipated by killing some policemen who might have
been members of Palestinian armed groups and the loss of civilian life (the majority of
policemen and members of the public present in the police stations or nearby during the
attack). Therefore, these were disproportionate attacks in violation of customary
international law. The Mission finds a violation of the right to life (ICCPR, article 6) of the
policemen killed in these attacks who were not members of Palestinian armed groups.
(c)
Certain weapons used by the Israeli armed forces
1924. In relation to the weapons used by the Israeli armed forces during military
operations, the Mission accepts that white phosphorous, flechettes and heavy metal (such
as tungsten) are not currently proscribed under international law. Their use is, however,
restricted or even prohibited in certain circumstances by virtue of the principles of
proportionality and precautions necessary in the attack. Flechettes, as an area weapon, are
particularly unsuitable for use in urban settings, while, in the Mission's view, the use of
white phosphorous as an obscurant at least should be banned because of the number and
variety of hazards that attach to the use of such a pyrophoric chemical.
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