A/HRC/5/20
page 6
11. The mission to Beit Hanoun was again cancelled. Other options for pursuing the mandate
were canvassed, taking into account the considerations outlined in paragraphs 5 and 6 above,
which had not significantly changed in the intervening six months. A further important factor
was the severe deterioration in the security situation in Gaza in the first part of 2007.
III. CONCLUSIONS AND RECOMMENDATIONS
12. The members of the High-Level Fact-Finding Mission reiterate in the strongest terms
their concern that a duly mandated mission of this Council has been and is being prevented
from addressing a critical human rights situation due to the non-cooperation of a
concerned Government. The Government of Israel has based its refusal to cooperate on
claims of bias against Israel in resolutions emanating from the Council. The High-Level
Fact-Finding Mission is in no position to evaluate these claims regarding either expertise or
mandate. The High-Level Mission has, from the outset and in the clearest terms, indicated
its desire to meet with and consider the situations and positions of the Government of
Israel, non-governmental organizations and individuals within Israel. It is clear however
that significant human rights violations resulted in Beit Hanoun from the activities of the
Israeli Defense Forces on and around 8 November 2006. These events must be investigated
by an independent, impartial and transparent process, preferably at the national level. The
High-Level Mission’s mandate - focused on the needs of victims and survivors - is one
response to these human rights violations.
13. The High-Level Mission has not been able to fulfil its mandate of travelling to
Beit Hanoun. This has largely frustrated its attempts to fulfil two of the three parts of its
substantive mandate, namely: to assess the situation of victims, and to address the needs
of survivors. Despite this, the High-Level Mission feels it can - and should - provide
some conclusions and recommendations based on a large amount of information provided
to it by a variety of reliable actors during its preparations for the attempted missions.
This is especially so, given the complexity of the situation. These conclusions and
recommendations are based on the mandate of the High-Level Fact-Finding Mission to
make such recommendations, and on a desire of the members of the Mission to contribute
to efforts to find peace in this troubled region exactly 40 years since the commencement of
the occupation.
14. The information available suggests that the Israeli military operations in and around
Beit Hanoun in November 2006 resulted in grave human rights violations. The loss of life
and injuries to civilians have consequences under human rights law and international
humanitarian law. Apart from the broader so-called “Autumn Clouds” operation of the
IDF, the shelling of Beit Hanoun at around 5.35 a.m. on 8 November 2006 resulted in the
deaths of 19 people (including 7 children), injury to 51 others and the destruction of
housing. The damage to physical infrastructure from the shelling compounded the
worsening situation in Beit Hanoun after a week of Israeli military operations. According
to United Nations sources, at the time of the shelling most areas of the town were already
without electricity and water, there had been extensive infrastructure damage, primary
health-care services had ceased to exist, and 18 homes had been demolished, with a further
150 damaged. In addition to violations of the right to life, adequate housing and health,
credible reports link Israeli action to violations of human rights relating to, inter alia,
freedom of movement, food and education.
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