A/HRC/9/26 page 14 Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.27 The victims of the shelling are persons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights as a result of the shelling; they include the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization. The mission notes that there has been no systematic follow-up of the situation of victims to assess their progress, their ongoing medical or other needs. 44. During its visit to Gaza, the mission met and talked with as many victims and survivors of the shelling as possible, in particular those of the Al-Athamna family. Key elements of the testimony of the victims, survivors, witnesses and non-governmental organizations, together with the mission’s own observations, are given below. Following the mission’s methodology outlined above, the situation of victims and needs of survivors was addressed from the perspective of international law in general and human rights in particular. The extremely difficult conditions of life facing all Gazans in many instances constitute gross violations of human rights and international humanitarian law. The mission agrees with the Secretary-General (SG/SM/11429), the previous Special Rapporteur (A/HRC/7/17) and the High Commissioner for Human Rights (A/HRC/7/76) that the blockade amounts to collective punishment contrary to international humanitarian law.28 A. The protection of civilians in conflict and the right to life 45. A total of 19 of the Beit Hanoun victims died as a result of the shelling. Two of the greatest needs of the surviving victims are a credible explanation for the attack on the town, and, where appropriate, the holding of individuals to account for the attack. In the mission’s view, neither of these needs have been met. As noted by the Israeli Foreign Minister above, “regrettable incidents” do occur in battle; however, such incidents must be assessed in accordance with both the rules regulating recourse to force and international humanitarian law, the applicable lex specialis. 46. The mission recognizes that a State has the inherent right to self defence and to protect its citizens from armed attack under Article 51 of the Charter of the United Nations. Israel contends that the shelling of Beit Hanoun, operation Autumn Clouds and indeed the entire blockade of Gaza is in response to the firing of Kassam rockets into its territory by Palestinian militants. While the firing of Kassam rockets constitutes an armed attack against Israel, they are fired by non-State actors. The International Court of Justice in the Wall case concluded that Article 51 was not relevant to that case, noting inter alia that the attacks against which the Wall was being constructed do not emanate from another State.29 However, the opposite view has been expressed by a number of judges. What is clear is that, if the right to self defence applies against armed 27 General Assembly resolution 60/147, para. 8 28 See also Hague Regulations, article 50; GC IV, art. 33. 29 ICJ reports 2004, para. 139.