A/HRC/12/48 (ADVANCE 2)
page 6
is in these circumstances that the Mission concludes that what occurred in just over three
weeks at the end of 2008 and the beginning of 2009 was a deliberately disproportionate
attack designed to punish, humiliate and terrorize a civilian population, radically diminish
its local economic capacity both to work and to provide for itself, and to force upon it an
ever increasing sense of dependency and vulnerability.
1894. The Mission has noted with concern public statements by Israeli officials, including
senior military officials, to the effect that the use of disproportionate force, attacks on
civilian population and the destruction of civilian property are legitimate means to achieve
Israel’s military and political objectives. The Mission believes that such statements not only
undermine the entire regime of international law, they are inconsistent with the spirit of
the Charter of the United Nations and, therefore, deserve to be categorically denounced.
1895. Whatever violations of international humanitarian and human rights law may have
been committed, the systematic and deliberate nature of the activities described in this
report leave the Mission in no doubt that responsibility lies in the first place with those who
designed, planned, ordered and oversaw the operations.
D.
Occupation, resilience and civil society
1896. The accounts of more severe violence during the recent military operations did not
obscure the fact that the concept of “normalcy” in the Gaza Strip has long been redefined
owing to the protracted situation of abuse and lack of protection deriving from the
decades-long occupation.
1897. As the Mission focused on investigating and analysing the specific matters within its
mandate, Israel’s continuing occupation of the Gaza Strip and the West Bank emerged as
the fundamental factor underlying violations of international humanitarian and human
rights law against the protected population and undermining prospects for development
and peace. Israel’s failure to acknowledge and exercise its responsibilities as the occupying
Power further exacerbated the effects of occupation on the Palestinian people, and continue
to do so. Furthermore, the harsh and unlawful practices of occupation, far from quelling
resistance, breed it, including its violent manifestations. The Mission is of the view that
ending occupation is a prerequisite for the return of a dignified life for Palestinians, as well
as development and a peaceful solution to the conflict.
1898. The Mission was struck by the resilience and dignity shown by people in the face of
dire circumstances. UNRWA Director of Operations, John Ging, relayed to the Mission the
answer of a Gaza teacher during a discussion after the end of the Israeli military
operations about strengthening human rights education in schools. Rather than expressing
scepticism at the relevance of teaching human rights in a context of renewed denial of
rights, the teacher unhesitantly supported the resumption of human rights education:
“This is a war of values, and we are not going to lose it”.
1899. The assiduous work of Palestinian non-governmental and civil society organizations
in providing support to the population in such extreme circumstances, and in giving voice
to the suffering and expectations of victims of violations deserves to be fully acknowledged.
Their role in helping to sustain the resilience and dignity of the population cannot be
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