A/HRC/19/20 III. Human rights violations by all duty-bearers A. The de facto authorities in Gaza and Palestinian armed groups 1. Violations in the context of hostilities 6. Palestinian armed groups continued firing rockets and mortar shells at Israel. A total of 499 rockets, including homemade rockets, Grad rockets, and rocket propelled grenades, and 328 mortar shells, were fired during the reporting period.1 While it was confirmed that some of these projectiles were directed at military objectives, the indiscriminate nature of the vast majority of these projectiles makes it impossible to determine the intended targets of the remaining ones. A significant number of these rockets and mortar shells landed in civilian areas within Israeli territory. 7. During the reporting period three Israeli civilians were killed by rockets fired from Gaza. On 7 April 2011, a guided anti-tank missile was fired from Gaza and hit a school bus driving near Sha‟ar Hanegev Regional Council, southern Israel, leaving two Israelis wounded. A 16-year-old boy subsequently died as a result of injuries suffered from this attack. 2 Hamas claimed responsibility for the attack, saying that it was in revenge to the killing of three of its militant leaders on 2 April.3 It stressed that its militants did not know that the bus was carrying schoolchildren.4 On 20 August 2011, a 38-year-old civilian was killed in Be‟er Sheva when a Grad rocket struck the area he was in.5 On 29 October 2011, a 56-year-old resident of Ashkelon was killed by shrapnel from a Grad rocket, while driving near his home. 6 8. Indiscriminate attacks, such as the firing of these rockets, is contrary to the rules of international humanitarian law prohibiting the targeting of civilians, the use of inherently indiscriminate weapons and acts aimed at spreading terror in the civilian population.7 In addition, it has been alleged by the Government of Israel that such rockets and mortars are often located in and fired from densely populated areas. Should this be the case, it would also contravene customary international humanitarian law.8 1 2 3 4 5 6 7 8 4 Information obtained from the United Nations Department of Safety and Security. Israel, Ministry of Foreign Affairs, “Two wounded in anti-tank missile attack on school bus”. Available from www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Hamas +war+against+Israel/Two-injured-in-anti-tank-missile-attack-on-school-bus-7-Apr-2011.htm. CNN Wire Staff, “Hamas claims responsibility for missile strike on bus that wounded boy”, CNN, 7 April 2011. Available from http://edition.cnn.com/2011/WORLD/meast/04/07/israel.gaza.violence/index.html. “Hamas says didn‟t mean to target Israeli schoolbus”, Reuters, 9 April 2011. Available from www.reuters.com/article/2011/04/09/palestinians-israel-hamasidUSLDE73807X20110409. B‟Tselem, Israeli civilians killed by Palestinians in Israel, 19.1.2009-31.10.2011. Available from http://old.btselem.org/statistics/english/Casualties_Data.asp?Category= 6&region=ISRAEL&sD=19&sM=01&sY=2009&filterby=event&oferet_stat=after Israel, Ministry of Foreign Affairs. See www.mfa.gov.il/MFA/Terrorism+Obstacle+to+Peace/Memorial/2011/Victims/Moshe_Ami.htm. These rules are identified in International Committee of the Red Cross, Customary International Humanitarian Law, vol. I, Jean-Marie Henkaerts and Louise Doswald-Beck, eds. (Cambridge University Press, 2009), rules 1, 2, 11 and 71. Ibid., rule 23.