A/HRC/29/52
with regard to the use of schools, mosques and hospitals and the areas in their immediate
vicinity for military purposes. By firing rockets from densely populated areas, Palestinian
armed groups also put Gazans in danger; for example, on 28 July 2014, 13 civilians,
including 11 children, were killed in Al-Shati camp when a rocket appears to have fallen
short of its target.
64.
The commission recognizes that the obligation to avoid locating military objectives
within densely populated areas is not absolute. The small size of Gaza and its population
density make it difficult for armed groups to always comply with this requirement. While
the commission was unable to verify independently the specific incidents alleged by Israel,
the frequency of reports of Palestinian armed groups carrying out military operations in the
immediate vicinity of civilian objects and specially protected objects suggests that such
conduct could have been avoided on a number of occasions. In those instances, Palestinian
armed groups may not have complied, to the maximum extent feasible, with their legal
obligations. In cases where their goal may have been to use the presence of civilians to
protect military assets from attack, this would constitute a violation of the customary law
prohibition against the use of human shields. 52 With regard to the alleged use of medical
facilities and ambulances for military purposes, if verified, and if the buildings or
ambulances bore distinctive emblems of the Geneva Conventions, such as the Red
Crescent, such actions would amount to an improper use of a distinctive emblem, in
violation of customary international humanitarian law.
65.
Regardless of the case-by-case legality of the actions of Palestinian armed groups,
the military use of civilian buildings and densely populated areas from which to conduct
military operations increases the risk to the civilian population and civilian objects. The
questionable conduct of these armed groups does not, however, modify Israel’s own
obligations to abide by international law.
(b)
Measures to facilitate the removal of the civilian population from the vicinity
of military objectives
66.
The authorities in Gaza stated that they had taken measures to facilitate evacuation
from areas most affected by the hostilities, including by setting up shelters for internally
displaced persons and conducting more than 4,450 evacuation missions in Beit Hanoun,
Shuja’iya and Khuza’a. Nevertheless, the commission is concerned that, in some cases, the
authorities in Gaza reportedly encouraged residents not to heed the warnings given by the
Israel Defense Forces.53 If confirmed, and depending on the circumstances, such
declarations may indicate that the authorities in Gaza did not take all the precautions
necessary to protect the civilian population under their control as required by international
humanitarian law.
Executions of suspected “collaborators”
(c)
67.
The commission found that 21 alleged “collaborators” were executed between 5 and
22 August 2014. Sixteen of them were taken from Al-Katiba prison where they had been
held in the custody of the local authorities in Gaza and shot by firing squad. 54 The AlQassam Brigades claimed responsibility for the executions, in some cases claiming that the
persons executed had been “found guilty of giving information on the whereabouts of
52
53
54
16
Protocol I, art. 51, para. 7.
Statement by Hamas spokesperson Mushir al-Masri, 16 July 2014, available at
www.youtube.com/watch?v=ks_nlgjfPWM (in Arabic).
Amnesty International, “Strangling necks”: Abductions, torture and summary killings of Palestinians
by Hamas forces during the 2014 Gaza/Israel conflict”, 26 May 2015.
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