A/HRC/12/48 (ADVANCE 1)
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clear orders from Israel’s High Court to the armed forces to put an end to it and repeated public
assurances from the armed forces that the practice had been discontinued. The Mission
concludes that this practice amounts to the use of Palestinian civilians as human shields and is
therefore prohibited by international humanitarian law. It puts the right to life of the civilians at
risk in an arbitrary and unlawful manner and constitutes cruel and inhuman treatment. The use of
human shields also is a war crime. The Palestinian men used as human shields were questioned
under threat of death or injury to extract information about Hamas, Palestinian combatants and
tunnels. This constitutes a further violation of international humanitarian law.
11.
Deprivation of liberty: Gazans detained during the Israeli military
operations of 27 December 2008 to 18 January 2009
56. During the military operations, the Israeli armed forces rounded up large numbers of
civilians and detained them in houses and open spaces in Gaza and, in the case of many
Palestinian men, also took them to detention facilities in Israel. In the cases investigated by the
Mission, the facts gathered indicate that none of the civilians was armed or posed any apparent
threat to the Israeli soldiers. Chapter XV of the report is based on the Mission’s interviews with
Palestinian men who were detained, as well as on its review of other relevant material, including
interviews with relatives and statements from other victims submitted to it.
57. From the facts gathered, the Mission finds that numerous violations of international
humanitarian law and human rights law were committed in the context of these detentions.
Civilians, including women and children, were detained in degrading conditions, deprived of
food, water and access to sanitary facilities, and exposed to the elements in January without any
shelter. The men were handcuffed, blindfolded and repeatedly made to strip, sometimes naked, at
different stages of their detention.
58. In the al-Atatra area in north-western Gaza, Israeli troops had dug out sandpits in which
Palestinian men, women and children were detained. Israeli tanks and artillery positions were
located inside the sandpits and around them and fired from next to the detainees.
59. The Palestinian men who were taken to detention facilities in Israel were subjected to
degrading conditions of detention, harsh interrogation, beatings and other physical and mental
abuse. Some of them were charged with being unlawful combatants. Those interviewed by the
Mission were released after the proceedings against them had apparently been discontinued.
60. In addition to arbitrary deprivation of liberty and violation of due process rights, the cases
of the detained Palestinian civilians highlight a common thread of the interaction between Israeli
soldiers and Palestinian civilians which also emerged clearly in many cases discussed elsewhere
in the report: continuous and systematic abuse, outrages on personal dignity, humiliating and
degrading treatment contrary to fundamental principles of international humanitarian law and
human rights law. The Mission concludes that this treatment constitutes the infliction of a
collective penalty on these civilians and amounts to measures of intimidation and terror. Such
acts are grave breaches of the Geneva Conventions and constitute a war crime.
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