A/HRC/12/48 (ADVANCE 2)
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whole, they were premised on a deliberate policy of disproportionate force aimed not at the
enemy but at the “supporting infrastructure.” In practice, this appears to have meant the
civilian population.
1887. The timing of the first Israeli attack, at 11.30 a.m. on a weekday, when children were
returning from school and the streets of Gaza were crowded with people going about their
daily business, appears to have been calculated to create the greatest disruption and
widespread panic among the civilian population. The treatment of many civilians detained
or even killed while trying to surrender is one manifestation of the way in which the
effective rules of engagement, standard operating procedures and instructions to the troops
on the ground appear to have been framed in order to create an environment in which due
regard for civilian lives and basic human dignity was replaced with disregard for basic
international humanitarian law and human rights norms.
1888. The Mission recognizes fully that the Israeli armed forces, like any army attempting
to act within the parameters of international law, must avoid taking undue risks with their
soldiers’ lives, but neither can they transfer that risk onto the lives of civilian men, women
and children. The fundamental principles of distinction and proportionality apply on the
battlefield, whether that battlefield is a built-up urban area or an open field.
1889. The repeated failure to distinguish between combatants and civilians appears to the
Mission to have been the result of deliberate guidance issued to soldiers, as described by
some of them, and not the result of occasional lapses.
1890. The Mission recognizes that some of those killed were combatants directly engaged
in hostilities against Israel, but many were not. The outcome and the modalities of the
operations indicate, in the Mission’s view, that they were only partially aimed at killing
leaders and members of Hamas, al-Qassam Brigades and other armed groups. They were
also to a large degree aimed at destroying or incapacitating civilian property and the
means of subsistence of the civilian population.
1891. It is clear from evidence gathered by the Mission that the destruction of food supply
installations, water sanitation systems, concrete factories and residential houses was the
result of a deliberate and systematic policy by the Israeli armed forces. It was not carried
out because those objects presented a military threat or opportunity, but to make the daily
process of living, and dignified living, more difficult for the civilian population.
1892. Allied to the systematic destruction of the economic capacity of the Gaza Strip, there
appears also to have been an assault on the dignity of the people. This was seen not only in
the use of human shields and unlawful detentions sometimes in unacceptable conditions,
but also in the vandalizing of houses when occupied and the way in which people were
treated when their houses were entered. The graffiti on the walls, the obscenities and often
racist slogans, all constituted an overall image of humiliation and dehumanization of the
Palestinian population.
1893. The operations were carefully planned in all their phases. Legal opinions and advice
were given throughout the planning stages and at certain operational levels during the
campaign. There were almost no mistakes made according to the Government of Israel. It
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