A/HRC/20/32
August was organized by Mr. el-Keisi, and that a new attack of a similar sort was in the
planning stages and needed to be avoided by a pre-emptive strike of this nature. Mr. Katz
indicated that Israeli authorities anticipated a retaliatory response of 100 rockets per day
during the period of the attacks, but concluded that ―this was a price the government felt it
was capable of paying‖. The fuller rationale for the sequence was described by Katz in
chilling language as being ―maintenance work‖ in Gaza, ―to mow the lawn … with regard
to terrorism‖, and thereby boost deterrence and defer another round of violence. 15
21.
What seems steadfastly overlooked in Israel and elsewhere has been the resolve of
the governing authorities in Gaza to renounce violence (except to prevent retaliation). This
is a development criticized by more militant groups in Gaza, including the Islamic Jihad,
along with the reality often ignored by the international media that the recent flare-ups of
violence have resulted from Israel having initiated violent, lethal and unlawful action,
including in this instance the targeted killing of Mr. el-Keisi. Such commentary is not
meant to minimize the genuine anxiety about the rocket attacks in southern Israel, but it is
to take account of the potential to improve security on both sides of the border between
Israel and the Gaza Strip through negotiations rather than reliance on extrajudicial killings
and other forms of extreme violence.
22.
There are several conclusions to be drawn in relation to this continued troubled
relationship between Israel, the occupying power, and the occupied Gaza Strip: (a) targeted
killing is both a violation of international law and understood to be a provocation leading to
further lethal violence; (b) the de facto authorities in Gaza do not themselves engage in
retaliation and they seek to maintain an effective ceasefire, but seemingly permit or are
unable to prevent some militant factions in Gaza from firing rockets in response to a prior
Israeli attack; (c) Israel continues to rely on excessive or disproportionate use of force in
Gaza, thereby continuing what was referred to as the Dahiya doctrine in the report of the
United Nations Fact-Finding Mission on the Gaza Conflict (A/HRC/12/48), whenever its
security interests are engaged—comparative casualty figures bear out this line of reasoning;
(d) there are risks of a second massive Israeli attack on the Gaza Strip, likely to be a larger
scale Operation Cast Lead, an attack on Gaza from land, sea and air that continued for three
weeks, which inflicted heavy civilian casualties and caused extensive damage to civilian
properties, especially homes.16
23.
The Special Rapporteur believes that there is renewed urgency for the international
community to respond to these developments, as well as to the continuing Israeli rejection
of negotiated ceasefire in favour of its pattern of reliance on targeted assassination and
other extrajudicial killings. The parallel need for ―speaking with one voice‖, so recently
heard in the Security Council’s statement of 21 March 2012 regarding the Syrian Arab
Republic (S/PRST/2012/6), could be applied to the Gaza crisis as well. Relying on the
General Assembly-endorsed principle of the responsibility to protect, the Security Council
called on the Government of the Syrian Arab Republic to ―immediately cease troop
movements towards, and end the use of heavy weapons in, population centres, and begin
pullback of military concentrations in and around population centres … [and] bring about a
sustained cessation of armed violence in all its forms by all parties with an effective United
Nations supervision mechanism‖. The statement continued that ―similar commitments
would be sought … from the opposition and all relevant elements to stop the
fighting … and to bring about a sustained cessation of armed violence in all its forms by all
15
16
Yaakov Katz, ―Analysis: easy to start, hard to end‖, Jerusalem Post, 10 March 2012. Available from
www.jpost.com/Defense/Article.aspx?id=261274.
For influential public advocacy of such an attack, which is often alluded to by Israeli journalists and
officials, see Efraim Inbar and Max Singer, ―The Opportunity in Gaza,‖ BESA Center Perspectives
Paper No. 167 (Begin-Sadat Center for Strategic Studies), 15 March 2012.
11
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