A/HRC/12/48 (ADVANCE 1)
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71. The Mission’s attention was also drawn to the particular manner in which women were
affected by the military operations. The cases of women interviewed by the Mission in Gaza
dramatically illustrate the suffering caused by the feeling of inability to provide children with the
care and security they need. Women’s responsibility for the household and the children often
forces them to conceal their own sufferings, resulting in their issues remaining unaddressed. The
number of women who are the sole breadwinners increased, but their employment opportunities
remain significantly inferior to men’s. The military operations and increased poverty add to the
potential for conflicts in the family and between widows and their in-laws.
72. The Mission acknowledges that the supply of humanitarian goods, particularly foodstuffs,
allowed into Gaza by Israel temporarily increased during the military operations. The level of
goods allowed into Gaza before the military operations was, however, insufficient to meet the
needs of the population even before hostilities started, and has again decreased since the end of
the military operations. From the facts ascertained by it, the Mission believes that Israel has
violated its obligation to allow free passage of all consignments of medical and hospital objects,
food and clothing (article 23 of the Fourth Geneva Convention). The Mission also finds that
Israel violated specific obligations which it has as the occupying Power and which are spelled
out in the Fourth Geneva Convention, such as the duty to maintain medical and hospital
establishments and services and to agree to relief schemes if the occupied territory is not well
supplied.
73. The Mission also concludes that in the destruction by the Israeli armed forces of private
residential houses, water wells, water tanks, agricultural land and greenhouses there was a
specific purpose of denying sustenance to the population of the Gaza Strip. The Mission finds
that Israel violated its duty to respect the right of the Gaza population to an adequate standard of
living, including access to adequate food, water and housing. The Mission, moreover, finds
violations of specific human rights provisions protecting children, particularly those who are
victims of armed conflict, women and the disabled.
74. The conditions of life in Gaza, resulting from deliberate actions of the Israeli armed forces
and the declared policies of the Government of Israel – as they were presented by its authorized
and legitimate representatives – with regard to the Gaza Strip before, during and after the
military operation, cumulatively indicate the intention to inflict collective punishment on the
people of the Gaza Strip in violation of international humanitarian law.
75. Finally, the Mission considered whether the series of acts that deprive Palestinians in the
Gaza Strip of their means of sustenance, employment, housing and water, that deny their
freedom of movement and their right to leave and enter their own country, that limit their access
to courts of law and effective remedies could amount to persecution, a crime against humanity.
From the facts available to it, the Mission is of the view that some of the actions of the
Government of Israel might justify a competent court finding that crimes against humanity have
been committed.
14.
The continuing detention of Israeli soldier Gilad Shalit
76. The Mission notes the continued detention of Gilad Shalit, a member of the Israeli armed
forces, captured in 2006 by a Palestinian armed group. In reaction to his capture, the Israeli
Government ordered a number of attacks against infrastructure in the Gaza Strip and Palestinian
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