A/HRC/7/17
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operations as a result of the restrictions placed by Israel on nitrous oxide gas that is used for
anaesthetics.
4. Education
23. Gaza’s children in UNRWA schools lag behind refugee children elsewhere, according to
UNRWA, as a result of the Israeli blockade and military violence. Students are prevented from
studying abroad. In November 670 students were denied permission to study abroad, including
six Fulbright scholars.
5. Fuel, energy and water
24. Gaza is largely dependent on Israel for its supply of fuel and electricity. Already there are
frequent power outages as a result of Israel’s destruction of the main Gaza power plant in 2006
and subsequent damage to electricity transformers. (For instance on 14 November the IDF struck
an electricity transformer in Beit Hanoun which knocked out power for 5,000 people in the area.)
The supply of water is also affected and there is insufficient power for water pumps. As a
result, 210,000 people are able to access drinking water supplies for only 1-2 hours a day.
Sewage is also a problem: sewage plants require repairs but materials, such as metal pipes and
welding machines, have been prohibited by Israel on the grounds that they may be used for
making rockets. At present there is a real danger that sewage plants could overflow. Cutting off
fuel and electricity will exacerbate an already dangerous situation. It will endanger the
functioning of hospitals, water services and sewage, as well as depriving residents of electricity
for refrigerators and household appliances. A humanitarian catastrophe is contemplated if Israel
continues to reduce fuel and carries out its threat to reduce electricity supplies.
F. Legal consequences of Israel’s actions
25. Israel has largely justified its attacks and incursions as defensive operations aimed at
preventing the launching of Qassam rockets into Israel, the arrest or killing of suspected militants
or the destruction of tunnels. Clearly the firing of rockets into Israel by Palestinian militants
without any military target, which has resulted in the killing and injury of Israelis, cannot be
condoned and constitutes a war crime. Nevertheless, serious questions arise over the
proportionality of Israel’s military response and its failure to distinguish between military and
civilian targets. It is highly arguable that Israel has violated the most fundamental rules of
international humanitarian law, which constitute war crimes in terms of article 147 of the
Fourth Geneva Convention and article 85 of the Protocol Additional to the Geneva Conventions
of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts
(Additional Protocol I). These crimes include direct attacks against civilians and civilian objects,
and attacks which fail to distinguish between military targets and civilians and civilian objects
(articles 48, 51 (4) and 52 (1) of Protocol I); the excessive use of force arising from
disproportionate attacks on civilians and civilian objects (articles 51 (4) and 51 (5) of Protocol I);
and the spreading of terror among the civilian population (article 33 of the Fourth Geneva
Convention and article 51 (2) of Protocol I).
26. Israel’s siege of Gaza violates a whole range of obligations under both human rights law
and humanitarian law. The provisions of the International Covenant on Economic, Social and
Cultural Rights that state that everyone has the right to “an adequate standard of living for
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