A/HRC/12/48 (ADVANCE 2)
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in the Gaza Strip, victims and long-time observers stated that the operations were
unprecedented in their severity and that their consequences would be long-lasting.
1881. When the Mission conducted its first visit to the Gaza Strip in early June 2009,
almost five months had passed since the end of the Israeli military operations. The
devastating effects of the operations on the population were, however, unequivocally
manifest. In addition to the visible destruction of houses, factories, wells, schools, hospitals,
police stations and other public buildings, the sight of families, including the elderly and
children, still living amid the rubble of their former dwellings – no reconstruction possible
due to the continuing blockade – was evidence of the protracted impact of the operations
on the living conditions of the Gaza population. Reports of the trauma suffered during the
attacks, the stress due to the uncertainty about the future, the hardship of life and the fear
of further attacks, pointed to less tangible but not less real long-term effects.
1882. Women were affected in significant ways. Their situation must be given specific
attention in any effort to address the consequences of the blockade, of the continuing
occupation and of the latest Israeli military operations.
1883. The Gaza military operations were, according to the Israeli Government, thoroughly
and extensively planned. While the Israeli Government has sought to portray its operations
as essentially a response to rocket attacks in the exercise of its right to self-defence, the
Mission considers the plan to have been directed, at least in part, at a different target: the
people of Gaza as a whole.
1884. In this respect, the operations were in furtherance of an overall policy aimed at
punishing the Gaza population for its resilience and for its apparent support for Hamas,
and possibly with the intent of forcing a change in such support. The Mission considers this
position to be firmly based in fact, bearing in mind what it saw and heard on the ground,
what it read in the accounts of soldiers who served in the campaign, and what it heard and
read from current and former military officers and political leaders whom the Mission
considers to be representative of the thinking that informed the policy and strategy of the
military operations.
1885. The Mission recognizes that the principal focus in the aftermath of military
operations will often be on the people who have been killed – more than 1,400 in just three
weeks. This is rightly so. Part of the functions of reports such as this is to attempt, albeit in
a very small way, to restore the dignity of those whose rights have been violated in the most
fundamental way of all – the arbitrary deprivation of life. It is important that the
international community asserts formally and unequivocally that such violence to the most
basic fundamental rights and freedoms of individuals should not be overlooked and should
be condemned.
1886. In this respect, the Mission recognizes that not all deaths constitute violations of
international humanitarian law. The principle of proportionality acknowledges that, under
certain strict conditions, actions resulting in the loss of civilian life may not be unlawful.
What makes the application and assessment of proportionality difficult in respect of many
of the events investigated by the Mission is that deeds by the Israeli armed forces and
words of military and political leaders prior to and during the operations indicate that, as a
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