A/HRC/12/48
page 124
have occurred in other cases. As far as hospitals and United Nations facilities are concerned,
the Mission found that it could not exclude that Palestinian armed groups engaged in combat
activities in the vicinity of these protected sites. The Mission wishes to emphasize that the
launching of attacks from or in the vicinity of civilian buildings and protected areas are serious
violations of the obligation on the armed groups to take constant care to protect civilians from
the inherent dangers created by military operations.
498. The Mission asked the Gaza authorities to provide information on the sites from where the
Palestinian armed groups had launched attacks against Israel and against the Israeli armed forces
in Gaza. The Mission similarly asked whether, to their knowledge, civilian buildings and
mosques had been used to store weapons. In their response, the Gaza authorities stated that they
had no information on the activities of the Palestinian armed groups or about the storage of
weapons in mosques and civilian buildings. The Mission does not find this response to be
entirely plausible. The Mission notes, more importantly, that, whether the answer reflects the
reality or not, the Gaza authorities are obliged under international law to control the activities of
armed groups operating on the territory under their control.345 If they failed to take the necessary
measures to prevent the Palestinian armed groups from endangering the civilian population by
conducting hostilities in a manner incompatible with international humanitarian law, they would
bear responsibility for the damage done to the civilians living in Gaza.
IX. OBLIGATION ON ISRAEL TO TAKE FEASIBLE PRECAUTIONS TO
PROTECT CIVILIAN POPULATION AND CIVILIAN OBJECTS IN GAZA
499. This chapter focuses on incidents where the Mission considered compliance by Israel with
its obligations under the Fourth Geneva Convention and customary rules of international law in
relation to taking feasible precautions. In particular, it considers whether everything feasible was
done to verify that objectives to be attacked were neither civilians nor civilian objects and were
not subject to special protection, whether all feasible precautions were taken in respect of the
choice of weapons used and whether the military advantage sought was excessive in relation to
the expected loss of civilian life or civilian objects. Before entering into specific incidents, it
considers the obligation to provide warnings in relation to attacks.
A.
Warnings
500. The Israeli Government has stated that it took the following steps to warn the civilian
population of Gaza:346
•
The Israeli armed forces made 20,000 calls on 27 December and 10,000
on 29 December 2008;
•
300,000 warning notes were dropped over the whole of the Gaza Strip
on 28 December;
•
80,000 leaflets were dropped in Rafah on 29 December;
345
See chap. IV.
346
http://www.mfa.gov.il/MFA/Government/Communiques/2009/IDF_warns_Gaza_population_7-Jan-2009.htm.
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