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reasons for their reluctance, the Mission does not discount that the interviewees’ reluctance may
have stemmed from a fear of reprisals.294
441. The Mission also addressed questions regarding the tactics used by Palestinian armed
groups to the Gaza authorities. They responded that they had nothing to do, directly or indirectly,
with al-Qassam Brigades or other armed groups and had no knowledge of their tactics.295 To
gather first-hand information on the matter, the Mission requested a meeting with representatives
of armed groups. However, the groups were not agreeable to such a meeting. The Mission,
consequently, had little option but to rely upon indirect sources to a greater extent than for other
parts of its investigation.
442. In forming an opinion on the subject, the Mission did use information it had gathered in
the course of investigating certain incidents during the December-January military operations.
However, the Mission mostly reviewed the allegations made in reports by the Government of
Israel, by private individuals and organizations,296 and by NGOs.297
443. The Mission focused on allegations that Palestinian fighters had launched attacks from
within civilian areas and from protected sites (such as schools, mosques and medical units); used
civilian and protected sites as bases for military activity; misused medical facilities and
ambulances; stored weapons in mosques; failed to distinguish themselves from the civilian
population and, in so doing, used the Gazan civilian population as a shield against Israeli attack.
The Mission further sought information concerning allegations that Palestinian armed groups had
booby-trapped civilian property.298
444. The significance of these allegations is twofold. First, the alleged conduct might constitute
a violation by the Palestinian armed groups of their obligation of care to prevent harm to the
civilian population or the prohibition against the deliberate use of civilians to shield from
military activity. Second, the Government of Israel and others argue that certain attacks by
Israeli armed forces on civilian objects or protected sites were justified by the unlawful use that
Palestinian armed groups made of them. In the words of a report by the Israeli armed forces on
its shelling of a United Nations compound in which at least 600 Palestinian civilians had taken
refuge, such attacks were “the unfortunate result of the type of warfare that Hamas forced upon
294
See chap. XX.
295
Response of the Gaza authorities to the Mission.
Submissions to the Mission by the Jerusalem Center for Public Affairs, B’nai Brith International, Take A Pen, the
National Lawyers Guild, Mr. Maurice Ostroff , Ms. Yvonne Green and Mr. Peter Wertheim on behalf of a group of
Australian lawyers.
296
For example, Amnesty International, Israel/Gaza: Operation “Cast Lead”: 22 days of death and destruction,
(London, 2009); International Crisis Group, “Gaza’s unfinished business”, Middle East Report, No. 85, 23 April
2009; Human Rights Watch, Rockets from Gaza: Harm to Civilians from Palestinian Armed Groups’ Rocket
Attacks, (August 2009).
297
“The operation in Gaza…”, pp. 55-76. The Mission understands the criticisms made by the Government of Israel
to Hamas’ tactics to apply also to other Palestinian armed groups.
298
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