A/HRC/12/48 (ADVANCE 2)
page 11
no doubt required. However, it also needs to be accompanied by a firmer and principled
stance by the international community on violations of international humanitarian and
human rights law and long delayed action to end them. Protection of civilian populations
requires respect for international law and accountability for violations. When the
international community does not live up to its own legal standards, the threat to the
international rule of law is obvious and potentially far-reaching in its consequences.
1917. The Mission acknowledges and emphasizes the impressive and essential role played
by the staff of the numerous United Nations agencies and bodies working to assist the
population of the Occupied Palestinian Territory in all aspects of daily life. An additional
disturbing feature of the December-January military operations was the disregard in
several incidents, some of which are documented in this report, for the inviolability of
United Nations premises, facilities and staff. It ought to go without saying that attacks on
the United Nations are unacceptable and undermine its ability to fulfil its protection and
assistance role vis-à-vis a population that so badly needs it.
J.
Summary of legal findings
1918. Detailed legal findings by the Mission are included in each of the chapters of the
report where specific facts and events are analysed. The following is a summary of those
findings.
1.
(a)
Actions by Israel in Gaza in the context of the military operations
of 27 December 2008 to 18 January 2009
Precautions in launching attacks
1919. The Mission finds that in a number of cases Israel failed to take feasible precautions
required by customary law reflected in article 57 (2) (a) (ii) of Additional Protocol I to
avoid or minimize incidental loss of civilian life, injury to civilians and damage to civilian
objects. The firing of white phosphorus shells over the UNRWA compound in Gaza City is
one of such cases in which precautions were not taken in the choice of weapons and
methods in the attack, and these facts were compounded by reckless disregard for the
consequences. The intentional strike at al-Quds hospital using high-explosive artillery
shells and white phosphorous in and around the hospital also violated articles 18 and 19 of
the Fourth Geneva Convention. With regard to the attack against al-Wafa hospital, the
Mission found a violation of the same provisions, as well as a violation of the customary law
prohibition against attacks which may be expected to cause excessive damage to civilians
and civilian objects.
1920. The Mission finds that the different kinds of warnings issued by Israel in Gaza
cannot be considered as sufficiently effective in the circumstances to comply with
customary law as reflected in Additional Protocol I, article 57 (2) (c). While some of the
leaflet warnings were specific in nature, the Mission does not consider that general
messages telling people to leave wherever they were and go to city centres, in the particular
circumstances of the military campaign, meet the threshold of effectiveness. Firing missiles
into or on top of buildings as a “warning” is essentially a dangerous practice and a form of
attack rather than a warning.
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