A/HRC/12/48 (ADVANCE 1)
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diminished ability to learn that is witnessed in individuals experiencing symptoms of
psychological trauma.
107. The rocket and mortar fire has also had an adverse impact on the economic and social life
of the affected communities. For communities such as Ashdod, Yavne, Beersheba, which
experienced rocket strikes for the first time during the Israeli military operations in Gaza, there
was a brief interruption to their economic and cultural activities brought about by the temporary
displacement of some residents. For towns closer to the Gaza border, which have been under
rocket and mortar fire since 2001, the recent escalation has added to the exodus of residents.
108. The Mission has determined that the rockets and, to a lesser extent, the mortars fired by
the Palestinian armed groups are incapable of being directed towards specific military objectives
and have been fired into areas where civilian populations are based. The Mission has further
determined that these attacks constitute indiscriminate attacks upon the civilian population of
southern Israel and that, where there is no intended military target and the rockets and mortars
are launched into a civilian population, they constitute a deliberate attack against a civilian
population. These acts would constitute war crimes and may amount to crimes against humanity.
Given the seeming inability of the Palestinian armed groups to direct the rockets and mortars
towards specific targets and given that the attacks have caused very little damage to Israeli
military assets, the Mission finds that there is significant evidence to suggest that one of the
primary purposes of the rocket and mortar attacks is to spread terror among the Israeli civilian
population, a violation of international law.
109. Noting that some of the Palestinian armed groups, among them Hamas, have publicly
expressed their intention to target civilians in reprisal for the civilian fatalities in Gaza as a result
of Israeli military operations, the Mission is of the view that reprisals against civilians in armed
hostilities are contrary to international humanitarian law.
110. The Mission notes that the relatively few casualties sustained by civilians inside Israel is
due in large part to the precautions put into place by Israel. This includes an early warning
system, the provision of public shelters and fortifications of schools and other public buildings at
great financial cost – a projected US$ 460 million between 2005 and 2011 – to the Government
of Israel. The Mission is greatly concerned, however, about the lack of an early warning system
and a lack of public shelters and fortifications for the Palestinian Israeli communities living in
unrecognized and in some of the recognized villages that are within the range of rocket and
mortars being fired by Palestinian armed groups in Gaza.
2.
Repression of dissent in Israel, the right of access to information
and treatment of human rights defenders
111. The Mission received reports that individuals and groups, viewed as sources of criticism
of Israel’s military operations were subjected to repression or attempted repression by the
Government of Israel. Amidst a high level of support for the Israeli military operations in Gaza
from the Israeli Jewish population, there were also widespread protests against the military
operations inside Israel. Hundreds of thousands – mainly, but not exclusively, Palestinian
citizens of Israel – protested. While, in the main, the protests were permitted to take place, there
were occasions when, reportedly, protesters had difficulty in obtaining permits – particularly in
areas populated mainly by Palestinian Israelis. In Israel and in occupied East Jerusalem 715
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