A/HRC/12/48
page 122
485. On the basis of its own investigations and statements by United Nations officials, the
Mission excludes that Palestinian armed groups engaged in combat activities from United
Nations facilities that were used as shelters during the military operations. The Mission cannot
discount the possibility that Palestinian armed groups were active in the vicinity of such
facilities.
486. The Mission is unable to make any determination on the general allegation that
Palestinian armed groups used mosques for military purposes. It notes that, in the one incident it
investigated of an Israeli attack on a mosque, it found no indication that the mosque was so used.
487. On the basis of the investigations it has conducted, the Mission did not find any evidence
to support the allegations that hospital facilities were used by the Gaza authorities or by
Palestinian armed groups to shield military activities and that ambulances were used to transport
combatants or for other military purposes.
488. On the basis of the information it gathered, the Mission found no indication that the
civilian population was forced by Hamas or Palestinian armed groups to remain in areas under
attack from the Israeli armed forces.
H.
Legal findings
489. Customary international humanitarian law establishes that all “parties to the conflict must
take all feasible precautions to protect the civilian population and civilian objects under their
control against the effects of attacks.”340
490. Each party to the conflict must, to the extent feasible, avoid locating military objectives
within or near densely populated areas.341 Each party to the conflict must, to the extent feasible,
remove civilian persons and objects under its control from the vicinity of military objectives.342
491. These rules of customary international law are reflected in article 57 (1) of Additional
Protocol I: “In the conduct of military operations, constant care shall be taken to spare the
civilian population, civilians and civilian objects.” The following paragraphs of article 57 set
forth the specific precautions to be taken by a party launching an attack.343
492. In addition to the general duty to take constant care to spare the civilian population in the
conduct of military operations, international humanitarian law establishes a specific prohibition
against the use of civilians as human shields. Article 28 of the Fourth Geneva Convention
specifically addresses this issue: “The presence of a protected person may not be used to render
certain points or areas immune from military operations”. This is reinforced by article 51 (7) of
Additional Protocol I:
340
Customary International Humanitarian Law…, rule 22.
341
Ibid., rule 23.
342
Ibid., rule 24.
343
See chap. IX.
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