A/HRC/12/48
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436. The Mission has earlier accepted that there may be individual members of the Gaza police
that were at the same time members of al-Qassam Brigades or other Palestinian armed groups
and thus combatants. Even if the Israeli armed forces had reliable information that some
individual members of the police were also members of armed groups, this did not deprive the
whole police force of its status as a civilian law-enforcement agency.292
437. From the facts available to it, the Mission finds that the deliberate killing of 99 members
of the police at the police headquarters and three police stations293 during the first minutes of the
military operations, while they were engaged in civilian tasks inside civilian police facilities,
constitutes an attack which failed to strike an acceptable balance between the direct military
advantage anticipated (i.e. the killing of those policemen who may have been members of
Palestinian armed groups) and the loss of civilian life (i.e. the other policemen killed and
members of the public who would inevitably have been present or in the vicinity). The attacks on
the Arafat City police headquarters and the Abbas Street police station, al-Tuffah police station
and the Deir al-Balah investigative police station constituted disproportionate attacks in violation
of customary international humanitarian law.
438. From the facts available to it, the Mission further believes that there has been a violation
of the inherent right to life of those members of the police killed in the attacks of 27 December
2007 who were not members of armed groups by depriving them arbitrarily of their life in
violation of article 6 of the International Covenant on Civil and Political Rights.
VIII. OBLIGATION ON PALESTINIAN ARMED GROUPS IN GAZA TO TAKE
FEASIBLE PRECAUTIONS TO PROTECT THE CIVILIAN POPULATION
439. An assessment of the events occurring during the military operations in Gaza in December
2008 - January 2009 requires an investigation of the tactics used both by the Israeli armed forces
and by the Palestinian armed groups in the context of their obligations under international
humanitarian law to take constant care to minimize the risk of harm to the civilian population
and to civilian objects. The Mission examines the extent to which the Israeli armed forces took
all feasible precautions in chapter IX, as well as in the examination of individual incidents. In
this chapter, the Mission examines allegations that the conduct of the Palestinian armed groups
placed the civilian population of Gaza and civilian objects at risk of attack.
440. In its efforts to gather more direct information on the subject, during its investigations in
Gaza and in interviews with victims and witnesses of incidents and other informed individuals,
the Mission raised questions regarding the conduct of Palestinian armed groups during the
hostilities in Gaza. The Mission notes that those interviewed in Gaza appeared reluctant to speak
about the presence of or conduct of hostilities by the Palestinian armed groups. Whatever the
“The presence within the civilian population of individuals who do not come within the definition of civilians
does not deprive the population of its civilian character” (Additional Protocol I, art. 50 (3)).
292
These are the policemen killed at the police headquarters and police stations visited by the Mission. The overall
number of policemen killed on 27 December 2008 is around 180, according to the Orient Research Group Ltd. See
“Fatal casualties…”.
293
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