A/HRC/12/48 (ADVANCE 2)
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ascertained by it, the Mission finds that this destruction was carried out with the purpose
of denying sustenance to the civilian population, in violation of customary law reflected in
article 54 (2) of the First Additional Protocol. The Mission further concludes that the
Israeli armed forces carried out widespread destruction of private residential houses, water
wells and water tanks unlawfully and wantonly.
1930. In addition to being violations of international humanitarian law, these extensive
wanton acts of destruction amount to violations of Israel’s duties to respect the right to an
adequate standard of living of the people in the Gaza Strip, which includes the rights to
food, water and housing, as well as the right to the highest attainable standard of health,
protected under articles 11 and 12 of the International Covenant on Economic, Social and
Cultural Rights.
(f)
Impact of the blockade and the military operations on the Gaza population
1931. The Mission concludes that the blockade policies implemented by Israel against the
Gaza Strip, in particular the closure of or restrictions imposed on border crossings in the
immediate period before the military operations, subjected the local population to extreme
hardship and deprivations that amounted to a violation of Israel’s obligations as an
occupying Power under the Fourth Geneva Convention. These measures led to a severe
deterioration and regression in the levels of realization of economic and social rights of
Palestinians in the Gaza Strip and weakened its social and economic fabric, leaving health,
education, sanitation and other essential services in a very vulnerable position to cope with
the immediate effects of the military operations.
1932. The Mission finds that, despite the information circulated by Israel about the
humanitarian relief schemes in place during the military operations, Israel has essentially
violated its obligation to allow free passage of all consignments of medical and hospital
objects, food and clothing that were needed to meet the urgent humanitarian needs of the
civilian population in the context of the military operations, which is in violation of article
23 of the Fourth Geneva Convention.
1933. In addition to the above general findings, the Mission also considers that Israel has
violated its specific obligations under the Convention on the Rights of the Child and the
Convention on the Elimination of All Forms of Discrimination against Women, including
the rights to peace and security, free movement, livelihood and health.
1934. The Mission concludes that the conditions resulting from deliberate actions of the
Israeli armed forces and the declared policies of the Government with regard to the Gaza
Strip before, during and after the military operation cumulatively indicate the intention to
inflict collective punishment on the people of the Gaza Strip. The Mission, therefore, finds
a violation of the provisions of article 33 of the Fourth Geneva Convention.
(g)
Grave breaches of the Geneva Conventions and acts raising individual criminal
responsibility under international criminal law
1935. From the facts gathered, the Mission found that the following grave breaches of the
Fourth Geneva Convention were committed by the Israeli armed forces in Gaza: wilful
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