A/HRC/12/48 page 182 D. Legal findings with regard to the cases investigated by the Mission 809. The fundamental principles applicable to these incidents, which are cornerstones of both treaty-based and customary international humanitarian law, are that “the parties to the conflict shall at all times distinguish between the civilian population and combatants”452 and that “the civilian population as such, as well as individual civilians, shall not be the object of attack”. 453 The Israeli Government refers to the principle of distinction as “the first core principle of the Law of Armed Conflict.” It further states that “the IDF’s emphasis on compliance with the Law of Armed Conflict was also directly incorporated into the rules of engagement for the Gaza Operation.” The principle of distinction was reportedly incorporated in the following terms: “Strikes shall be directed against military objectives and combatants only. It is absolutely prohibited to intentionally strike civilians or civilian objects (in contrast to incidental proportional harm).”454 810. In reviewing the above incidents the Mission found in every case that the Israeli armed forces had carried out direct intentional strikes against civilians. The only exception is the shelling of the Abu Halima family home, where the Mission does not have sufficient information on the military situation prevailing at the time to reach a conclusion. 811. The Mission found that, on the basis of the facts it was able to ascertain, in none of the cases reviewed were there any grounds which could have reasonably induced the Israeli armed forces to assume that the civilians attacked were in fact taking a direct part in the hostilities and had thus lost their immunity against direct attacks.455 812. The Mission therefore finds that the Israeli armed forces have violated the prohibition under customary international law and reflected in article 51 (2) of Additional Protocol I that the civilian population as such will not be the object of attacks. This finding applies to the attacks on the houses of Ateya and Wa’el al-Samouni, the shooting of Iyad al-Samouni, of Shahd Hajji and Ola Masood Arafat, of Ibrahim Juha, of Rayya and Majda Hajaj, of Amal, Souad, Samar, and Hajja Souad Abd Rabbo, of Rouhiyah al-Najjar, and of Muhammad Hekmat Abu Halima and Matar Abu Halima. In these incidents, 34 Palestinian civilians lost their lives owing to Israeli fire intentionally directed at them. Numerous others were injured, some very severely and with permanent consequences. 813. Not only are civilians not to be the object of attacks, they are also “entitled in all circumstances, to respect for their persons … protected especially against all acts of violence or threats thereof” (Fourth Geneva Convention, art. 27). Fundamental guarantees set out in article 75 of Additional Protocol I include the absolute prohibition “at any time and in any place” of “violence to the life, health, or physical or mental well-being of persons”. According to the facts presented to the Mission, these provisions have been violated. 452 Additional Protocol I, art. 48. 453 Additional Protocol I, art. 51 (2). 454 “The operation in Gaza…”, paras. 94 and 222. Pursuant to article 51 (3) of Protocol Additional I, civilians enjoy immunity from attack “unless and for such time as they take a direct part in hostilities.” On the status of this rule in customary law, see chap. VII. 455

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