A/HRC/10/22
page 5
International Court of Justice has concluded that the Fourth Geneva Convention is applicable in
the Palestinian territories, which before the 1967 conflict lay to the east of the Green Line and
which, during that conflict, were occupied by Israel. This is also the case for the Gaza Strip
despite the unilateral withdrawal by Israel of its forces from the Strip in 2005, as the continuing
occupation has been confirmed repeatedly since then by the General Assembly and the
Security Council.3
10. Hamas and other armed Palestinian groups are bound by the obligations of common
article 3 of the 1949 Geneva Conventions and by the applicable rules of customary international
humanitarian law, concerning, inter alia, the conduct of hostilities and the treatment of civilians
and other protected persons. In the text of the National Unity Government programme
delivered by then Prime Minister Ismail Haniya before the Palestinian Legislative Council on
17 March 2007, Hamas accepted that it was bound by its commitment to respect international
law and international humanitarian law.
11. The most relevant rules of customary international humanitarian law applicable to the
conduct of hostilities in the present context relate to the principles of distinction, proportionality
and precaution.4 These obligations are cumulative; an attack must comply with all of the rules in
order to be lawful.
12. First, under the principle of distinction, the parties to a conflict must, at all times,
distinguish between civilians and combatants; attacks may be directed only at military
objectives, defined as those objects which, by their nature, location, purpose or use, make an
effective contribution to military action and whose total or partial destruction, capture or
neutralization in the circumstances ruling at the time offers a definite military advantage. The
only circumstance in which civilians may be targeted is for such time as they take a direct part in
hostilities. Thus, attacks on civilian objects are unlawful unless at the time of the attack they
were used for military purposes and their destruction offered a definite military advantage.
13. Indiscriminate attacks are similarly prohibited. They are those that (a) are not directed at a
specific military objective; (b) employ a method or means of combat which cannot be directed at
a specific military objective; or (c) employ a method or means of combat the effects of which
3
See General Assembly resolutions 62/181, 63/96 and 63/98, and Security Council
resolution 1860 (2009).
4
International Committee of the Red Cross (ICRC), Customary International Humanitarian
Law, J.-M. Henckaerts and L. Doswald-Beck (eds.), Cambridge University Press, 2005 (ICRC
study). The study was prepared at the request of States at the twenty-sixth International
Conference of the Red Cross and Red Crescent in December 1995 and is based on an extensive
analysis of State practice (e.g. military manuals) and documents expressing opinio iuris.
Rules 6-9, 11-13, 15-24, 97.
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