A/HRC/12/48 (ADVANCE 2)
page 18
1953. The Mission also examined whether the Palestinian armed groups complied with
their obligations under international humanitarian law to take constant care to minimize
the risk of harm to the civilian population in Gaza among whom the hostilities were being
conducted. The conduct of hostilities in built-up areas does not, of itself, constitute a
violation of international law. However, launching attacks – whether of rockets and
mortars at the population of southern Israel or at the Israeli armed forces inside Gaza –
close to civilian or protected buildings constitutes a failure to take all feasible precautions.
In cases where this occurred, the Palestinian armed groups would have unnecessarily
exposed the civilian population of Gaza to the inherent dangers of the military operations
taking place around them. The Mission found no evidence to suggest that Palestinian
armed groups either directed civilians to areas where attacks were being launched or that
they forced civilians to remain within the vicinity of the attacks. The Mission also found no
evidence that members of Palestinian armed groups engaged in combat in civilian dress.
Although in the one incident of an Israeli attack on a mosque it investigated the Mission
found that there was no indication that that mosque was used for military purposes or to
shield military activities, the Mission cannot exclude that this might have occurred in other
cases.
5.
Actions by responsible Palestinian authorities
1954. Although the Gaza authorities deny any control over armed groups and
responsibility for their acts, in the Mission’s view, if they failed to take the necessary
measures to prevent the Palestinian armed groups from endangering the civilian
population, the Gaza authorities would bear responsibility for the damage arising to the
civilians living in Gaza.
1955. The Mission finds that security services under the control of the Gaza authorities
carried out extrajudicial executions, arbitrary arrests, detentions and ill-treatment of
people, in particular political opponents, which constitute serious violations of the human
rights to life, to liberty and security of the person, to freedom from torture or cruel,
inhuman or degrading treatment or punishment, to be protected against arbitrary arrest
and detention, to a fair and impartial legal proceeding; and to freedom of opinion and
expression, including freedom to hold opinions without interference.
1956. The Mission also concludes that the Palestinian Authority’s actions against political
opponents in the West Bank, which started in January 2006 and intensified during the
period between 27 December 2008 and 18 January 2009, constitute violations of human
rights and of the Palestinians’ own Basic Law. Detentions on political grounds violate the
rights to liberty and security of person, to a fair trial and the right not to be discriminated
against on the basis of one’s political opinion, which are all part of customary international
law. Reports of torture and other forms of ill-treatment during arrest and detention and of
death in detention require prompt investigation and accountability.
K. The need for accountability
1957. The Mission was struck by the repeated comment of Palestinian victims, human
rights defenders, civil society interlocutors and officials that they hoped that this would be
the last investigative mission of its kind, because action for justice would follow from it. It
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents