A/HRC/12/48 (ADVANCE 2)
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(d)
Treatment of Palestinians in the hands of the Israeli armed forces
(i)
Use of human shields
1925. The Mission investigated several incidents in which the Israeli armed forces used
local Palestinian residents to enter houses which might be booby-trapped or harbour
enemy combatants (this practice, known in the West Bank as “neighbour procedure”, was
called “Johnnie procedure” during the military operations in Gaza). The Mission found
that the practice constitutes the use of human shields prohibited by international
humanitarian law. It further constitutes a violation of the right to life, protected in article 6
of ICCPR, and of the prohibition against cruel and inhuman treatment in its article 7.
1926. The questioning of Palestinian civilians under threat of death or injury to extract
information about Hamas and Palestinian combatants and tunnels constitutes a violation of
article 31 of the Fourth Geneva Convention, which prohibits physical or moral coercion
against protected persons.
(ii)
Detention
1927. The Mission found that the Israeli armed forces in Gaza rounded up and detained
large groups of persons protected under the Fourth Geneva Convention. The Mission finds
that their detention cannot be justified either as detention of “unlawful combatants” or as
internment of civilians for imperative reasons of security. The Mission considers that the
severe beatings, constant humiliating and degrading treatment and detention in foul
conditions allegedly suffered by individuals in the Gaza Strip under the control of the
Israeli armed forces and in detention in Israel, constitute a failure to treat protected
persons humanely in violation of article 27 of the Fourth Geneva Convention, as well as
violations of articles 7 and 10 of the International Covenant on Civil and Political Rights
regarding torture and the treatment of persons in detention, and of its article 14 with
regard to due process guarantees. The treatment of women during detention was contrary
to the special respect for women required under customary law as reflected in the article 76
of Additional Protocol I. The Mission finds that the rounding-up of large groups of civilians
and their prolonged detention under the circumstances described in this report constitute a
collective penalty on those persons in violation of article 33 of the Fourth Geneva
Convention and article 50 of the Hague Regulations. Such treatment amounts to measures
of intimidation or terror prohibited by article 33 of the Fourth Geneva Convention.
(e)
Destruction of property
1928. The Mission finds that the attacks against the Palestinian Legislative Council
building and the main prison in Gaza 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.
1929. The Mission also finds that the Israeli armed forces unlawfully and wantonly
attacked and destroyed without military necessity a number of food production or foodprocessing objects and facilities (including mills, land and greenhouses), drinking-water
installations, farms and animals in violation of the principle of distinction. From the facts
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