A/HRC/9/26
page 21
71. Other forms of reparation provided for under the Basic Principles include rehabilitation
comprising appropriate medical and psychological care and social and legal services, verification
of the facts and public disclosure of the truth, and commemorations of and tributes to the
victims. Appropriate reparation should include the provision of a range of such facilities and
measures, but none have been forthcoming.
V. CONCLUSIONS AND RECOMMENDATIONS
72. The mission expresses its sympathy to all victims of the shelling on 8 November 2006
of Beit Hanoun. The attack took lives, inflicted horrendous physical and mental injuries,
tore families apart, destroyed homes, took away livelihoods and traumatized a population.
Its aftermath compounded those ills. The courage of the victims in the face of continuing
hardship deserves our admiration. Their recovery is not aided by continuing incursions
into Beit Hanoun including on the night after the mission’s visit to the town.
73. The mission again expresses its regret that the Government of Israel decided to
withhold any cooperation with the mission. Israel feels that the mandate of the mission is
biased against it. That is a matter for the Council. The mission has, however, gone to great
lengths to execute its mandate in as balanced a way as possible. The effective ban on its
visiting Israel and meeting with Israeli actors (including victims of Kassam rocket attacks
in southern Israel) has itself been an obstacle to the balance that Israel seeks. The mission
expresses its sympathy to all those affected by the Kassam rocket attacks in southern
Israel.
74. The bombing of Beit Hanoun and its aftermath came in the wider context of the
conflict in the occupied Palestinian territories and Israel. The occupation remains the root
cause of the bleak situation that the mission only briefly sketches in the present report. The
cessation of hostilities between Israel and Palestinian militants in June 2008 was a positive
development. The mission reiterates that the process towards peace must operate within a
framework of international law and be guided by respect for the Charter of the
United Nations, international human rights law and international humanitarian law. The
mission draws the attention of all parties to the conflict to Security Council resolution 1325
(2000) requiring attention to the special needs of women in the aftermath of conflict and
urging women’s participation in conflict resolution and sustainable peace.
75. The violence in Gaza and southern Israel has led to countless violations of
international human rights and international humanitarian law. This lack of respect on
both sides for the rules of conflict not only leads to incidents such as that in Beit Hanoun,
but also undermines respect for the laws of war and human rights in other conflicts. The
people of Gaza must be afforded protection in compliance with international law and,
above all, the Fourth Geneva Convention. The Israeli military must place at the centre of
its decision-making and activities in the occupied Palestinian territories the consequences
of the use of force on civilians. In the absence of a well-founded explanation from the
Israeli military (who is in sole possession of the relevant facts), the mission must conclude
that there is a possibility that the shelling of Beit Hanoun constituted a war crime as
defined in the Rome Statute of the International Criminal Court. Similarly, as the mission
made clear to Hamas at the highest level, the firing of rockets on the civilian population in
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