A/HRC/4/17
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supply; clinics have been unable to operate because of military action; and members of the
Palestine Red Crescent Society ambulance services have been killed in military operations.
Chronic illnesses have increased. Anaemia has also increased as a result of the nutritional
situation. Mental health is a serious problem, particularly among children, as a result of the
trauma inflicted by military incursions and the death or injury of friends and family. Education
has been affected by military assaults: schools have been closed and school buildings destroyed.
Domestic violence and ordinary crime are on the increase. In 2006 nearly 200 Palestinians were
killed and 1,000 injured in internal disputes and factional violence. Morale is low. The very
fabric of Gazan society is threatened by the siege.
C. Legal assessment
21.
Israel has violated a number of rights proclaimed in the International Covenant on Civil
and Political Rights, particularly the right to life (art. 6), freedom from torture, inhuman or
degrading treatment (art. 7), freedom from arbitrary arrest and detention (art. 9), freedom of
movement (art. 12) and the right of children to protection (art. 24). It has also violated rights
contained in the International Covenant on Economic, Social and Cultural Rights, notably “the
right of everyone to an adequate standard of living for himself and his family, including adequate
food, clothing and housing”, freedom from hunger, and the right to food (art. 11) and the right to
health (art. 12).
22.
Israel has, in addition, 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 Conflict (Protocol I). These include direct
attacks against civilians and civilian objects and attacks which fail to distinguish between
military targets and civilians and civilian objects (arts. 48, 51 (4) and 52 (1) of Protocol I); the
excessive use of force arising from disproportionate attacks on civilians and civilian objects
(arts. 51 (4) and 51 (5) of Protocol I); the spreading of terror among the civilian population
(art. 33 of the Fourth Geneva Convention and art. 51 (2) of Protocol I) and the destruction of
property not justified by military necessity (art. 53 of the Fourth Geneva Convention). Above
all, the Government of Israel has violated the prohibition on collective punishment of an
occupied people contained in article 33 of the Fourth Geneva Convention. The indiscriminate
and excessive use of force against civilians and civilian objects, the destruction of electricity and
water supplies, the bombardment of public buildings, the restrictions on freedom of movement
and the consequences that these actions have had upon public health, food, family life and the
psychological well-being of the Palestinian people constitute a gross form of collective
punishment. The capture of Corporal Shalit and the continuing firing of Qassam rockets into
Israel cannot be condoned. On the other hand, they cannot justify the drastic punishment of a
whole people in the way that Israel has done.
III. THE WEST BANK AND EAST JERUSALEM
23.
Many of Israel’s policies and practices in the West Bank seriously impinge upon the
human rights of Palestinians. The Wall presently under construction in Palestinian territory,
checkpoints and roadblocks, settlements, an arbitrary permit system, the pervasive practice of
house demolitions, targeted assassinations, and arrests and imprisonment violate a wide range of
civil and political rights. The sharp rise in military incursions into the West Bank has further
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