A/HRC/29/52
contained in the treaties to which it has acceded. The authorities in Gaza must respect and
ensure human rights norms because of their exercise of government-like functions.
13.
A number of core principles of international humanitarian law govern the conduct of
hostilities. Firstly, the principle of distinction requires that parties to a conflict distinguish
between civilians and civilian objects on the one hand, and combatants 4 and military
objectives on the other. Attacks may only be directed against the latter. Secondly, the
principle of proportionality prohibits attacks that are expected to cause incidental loss of
life or injury to civilians or damage to civilian objects, which would be excessive in relation
to the concrete and direct military advantage anticipated. Thirdly, the principle of
precautions in attack requires all parties to take all feasible measures to avoid and in any
event to minimize incidental loss of civilian life, injury to civilians and damage to civilian
objects.
IV. Context
14.
The hostilities of 2014 erupted in the context of the protracted occupation of the
West Bank, including East Jerusalem, and the Gaza Strip, and of the increasing number of
rocket attacks on Israel. In the preceding months, there were few, if any, political prospects
for reaching a solution to the conflict that would achieve peace and security for Palestinians
and Israelis and realize the right to self-determination of the Palestinian people.
15.
The blockade of Gaza by Israel, fully implemented since 2007 and described by the
Secretary-General as “a continuing collective penalty against the population in Gaza”
(A/HRC/28/45, para. 70), was strangling the economy in Gaza and imposed severe
restrictions on the rights of the Palestinians. Two previous rounds of hostilities in the Strip
since 2008 had not only led to loss of life and injury but also weakened an already fragile
infrastructure. Palestinians have demonstrated extraordinary resilience in recent years,
living in an environment scarred by physical destruction and psychological trauma. In the
West Bank, including East Jerusalem, settlement-related activities and settler violence
continued to be at the core of most of the human rights violations against Palestinians. In
the absence of any progress on the political front, the risk of a flare-up of the situation was
evident.
16.
In the meantime, threats to the security of Israel remained all too real. Palestinian
armed groups increasingly launched rockets during June and July 2014. The discovery of
tunnels leading into Israel added to the sense of insecurity. According to one witness,
residents of her kibbutz experienced regular panic attacks after the discovery of a tunnel in
March 2014 and the explosion of an alleged tunnel exit on 8 July. Several other infiltration
attempts were thwarted by the army during July and August.
17.
The events of summer 2014 were preceded by an agreement, reached on 23 April
2014 between the Palestinian Liberation Organization and Hamas, which sought to end
Palestinian divisions. On 2 June 2014, President Abbas declared the formation of a
Government of national consensus. The Government had yet to assume its full
responsibilities in Gaza when active hostilities broke out in the Strip in July 2014, thereby
leaving Hamas exercising government-like functions, as had been the case since June 2007.
18.
On 12 June 2014, three Israeli teenagers were kidnapped and brutally murdered in
the West Bank. In response, Israel launched an extensive search and arrest operation, which
lasted until their bodies were found, on 30 June. On 2 July, a 16-year-old Palestinian
4
For the purposes of distinction, the term “combatants” includes members of the armed forces and of
organized armed groups with a continuous combat function.
5
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