A/HRC/9/26
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50. Human rights law is also applicable in armed conflict and occupation.34 The mission
considers that this reckless disregard for civilian life also constitutes a violation of the right to
life as set out in article 6 of the International Covenant on Civil and Political Rights to which
Israel is a party. The right to life includes the negative obligation to respect life and the positive
obligation to protect life. The Human Rights Committee has stated that States parties should take
measures not only to prevent and punish deprivation by criminal acts, but also to prevent
arbitrary killing by their own security forces.35 No exception is made for acts during war.
51. The right to life also includes a procedural component that requires adequate investigation
of any alleged violation “promptly, thoroughly and effectively through independent and
impartial bodies” for “failure by a State Party to investigate allegations of violations could in and
of itself give rise to a separate breach of the Covenant”.36 The investigation of the Israeli military
referred to above was not independent (it was carried out by a committee comprised of Israeli
military personnel) and the lack of transparency makes it impossible to determine whether or not
it was rigorous or effective. The failure of Israel to comply with the procedural requirement adds
to the frustration and anger felt by survivors, who have received no credible explanation for what
occurred. Survivors have come to perceive the rule of law as having no meaning for them.
B. The situation of victims and the needs of survivors
52. The needs of victims and survivors of the shelling include compliance by Israel with other
human rights obligations, especially where failure to do so has an adverse impact on their
recovery from the events of 8 November 2006. Relevant human rights obligations include the
right to physical and mental health and the right to an adequate standard of living, including
work, social assistance and shelter. These economic and social rights are contained in the
International Covenant on Economic, Social and Cultural Rights. The International Court of
Justice explicitly stated in the Wall case that the obligations of Israel under the Covenant apply
in the occupied Palestinian territories.
1. The right to physical and mental health
53. Testimony demonstrated a number of violations of the obligation to respect and protect the
right to the enjoyment of the highest attainable standard of physical and mental health.37 The
34
“The Covenant applies also in situations of armed conflict to which the rules of international
humanitarian law are applicable.” Human Rights Committee, general comment No. 31 on the
nature of the general legal obligation imposed on States parties to the covenant, 2004, para. 11.
35
General comment No. 6, 1982, para. 3.
36
Human Rights Committee, general comment No. 31, para. 15. See also Basic Principles and
Guidelines on the Right to a Remedy, para. 3 (b).
37
International Covenant on Economic, Social and Cultural Rights, art. 12; Convention on the
Elimination of All Forms of Discrimination against Women, art. 12; Convention on the Rights of
the Child, art. 24.
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