A/HRC/10/20 page 5 purposes of the United Nations”. In the enumeration of purposes of the United Nations, Article 1, paragraph 1, affirms the obligation to resolve disputes by peaceful means “in conformity with the principles of justice and international law”. These provisions, if read in the light of the Preamble to the Charter, clearly condition an assessment of any use of force in international relations that extends beyond the limits of territorial sovereignty. The decision of the International Court of Justice in the Nicaragua case extended this reasoning with regard to the inhibitions on defensive claims to use force to general international law beyond the framework of the Charter. 4. With regard to Gaza, there is a further concern with respect to the nature of the legal obligations of Israel towards the Gazan population. Israel officially contends that, after the implementation of its disengagement plan in 2005, it is no longer an occupying Power, and is therefore not responsible for observance of the obligations set forth in the Fourth Geneva Convention. That contention has been widely rejected by expert opinion, by the de facto realities of effective control and by official pronouncements by, for instance, the United Nations High Commissioner for Human Rights and the Secretary-General (A/HRC/8/17), the General Assembly in its resolutions 63/96 and 63/98, and the Security Council in its resolution 1860 (2009). Since 2005, Israel has completely controlled all entry and exit routes by land and sea, and asserted control over Gazan airspace and territorial waters. By imposing a blockade, in effect since the summer of 2007, it has profoundly affected the life and well-being of every single person living in Gaza. Therefore, regardless of the international status of the Occupied Palestinian Territory with respect to the use of force, the obligations of the Fourth Geneva Convention, as well as those of international human rights law and international criminal law, are fully applicable. 5. The final introductory clarification concerns the relations of international human rights law and international humanitarian law to international criminal law. Not every violation of human rights or infraction of the Geneva Conventions constitutes a war crime or a crime of State. Moreover, criminal intent, by way of mental attitude or through circumstantial evidence, must be established. In essence, “grave breaches” of the Geneva Conventions as defined in article 147 of the Fourth Geneva Convention normally provide a legal foundation for allegations of war crimes. It is to be noted that the role of international criminal law is not only to identify and implement the fundamental obligations of international humanitarian law in wartime, but also to take into account severe violations of human rights arising from oppressive patterns of peacetime governance. 6. The recommended scope of investigation should combine attention to violations of international humanitarian law, the laws of war and general international law (treaty and customary) as it bears on the rights and duties of Israel as the occupying Power, and Hamas as the party exercising effective political control in Gaza at the present time. It is to be expected that Israel would cooperate with any investigation authorized by the United Nations in accordance with its obligations as a Member State under Article 56 of the Charter of the United Nations calling upon members to cooperate with the Organization, as well as the additional duties contained in the Convention on the Privileges and Immunities of the United Nations. It is disquieting, however, to read that Prime Minister Ehud Olmert and other Israeli high officials have made formal statements to the effect of taking all necessary steps to