A/HRC/12/48 (ADVANCE 1)
page 11
that this was a deliberate act of wanton destruction not justified by any military necessity and
draws the same legal conclusions as in the case of the destruction of the flour mill.
52. The Israeli armed forces also carried out a strike against a wall of one of the raw sewage
lagoons of the Gaza wastewater treatment plant, which caused the outflow of more than 200,000
cubic metres of raw sewage onto neighbouring farmland. The circumstances of the strike suggest
that it was deliberate and premeditated. The Namar wells complex in Jabaliyah consisted of two
water wells, pumping machines, a generator, fuel storage, a reservoir chlorination unit, buildings
and related equipment. All were destroyed by multiple air strikes on the first day of the Israeli
aerial attack. The Mission considers it unlikely that a target the size of the Namar wells could
have been hit by multiple strikes in error. It found no grounds to suggest that there was any
military advantage to be had by hitting the wells and noted that there was no suggestion that
Palestinian armed groups had used the wells for any purpose. Considering that the right to
drinking water is part of the right to adequate food, the Mission makes the same legal findings as
in the case of the el-Bader flour mill.
53. During its visits to the Gaza Strip, the Mission witnessed the extent of the destruction of
residential housing caused by air strikes, mortar and artillery shelling, missile strikes, the
operation of bulldozers and demolition charges. In some cases, residential neighbourhoods were
subjected to air-launched bombing and to intensive shelling apparently in the context of the
advance of Israeli ground forces. In others, the facts gathered by the Mission strongly suggest
that the destruction of housing was carried out in the absence of any link to combat engagements
with Palestinian armed groups or any other effective contribution to military action. Combining
the results of its own fact-finding on the ground with UNOSAT satellite imagery and the
published testimonies of Israeli soldiers, the Mission concludes that, in addition to the extensive
destruction of housing for so-called operational necessity during their advance, the Israeli armed
forces engaged in another wave of systematic destruction of civilian buildings during the last
three days of their presence in Gaza, aware of their imminent withdrawal. The conduct of the
Israeli armed forces in this respect violated the principle of distinction between civilian and
military objects and amounted to the grave breach of “extensive destruction… of property, not
justified by military necessity and carried out unlawfully and wantonly”. The Israeli armed
forces furthermore violated the right to adequate housing of the families concerned.
54. The attacks on industrial facilities, food production and water infrastructure investigated
by the Mission are part of a broader pattern of destruction, which includes the destruction of the
only cement-packaging plant in Gaza (the Atta Abu Jubbah plant), the Abu Eida factories for
ready-mix concrete, further chicken farms and the al-Wadiyah Group’s food and drinks factories.
The facts ascertained by the Mission indicate that there was a deliberate and systematic policy on
the part of the Israeli armed forces to target industrial sites and water installations.
10.
The use of Palestinian civilians as human shields
55. The Mission investigated four incidents in which the Israeli armed forces coerced
Palestinian civilian men at gunpoint to take part in house searches during the military operations
(chap. XIV). The men were blindfolded and handcuffed as they were forced to enter houses
ahead of the Israeli soldiers. In one of the incidents, Israeli soldiers repeatedly forced a man to
enter a house in which Palestinian combatants were hiding. Published testimonies of Israeli
soldiers who took part in the military operations confirm the continuation of this practice, despite
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents