A/HRC/12/48
page 201
by other representatives of the Gaza business community with whom the Mission discussed the
context and consequences of the strike on the flour mill.
923. The owners and employees of the flour mill were forced to evacuate the building twice
because of the two recorded warnings left on the answerphone, which were not followed by air
strikes. They were put into a state of fear as a result of the false alarms. When the mill was hit on
9 January, the strike happened without prior warning, raising questions about the efficacy or
seriousness of the warnings system used by the Israeli armed forces.
924. The consequences of the strike on the flour mill were significant. Not only are all the
employees out of work, the capacity of Gaza to produce milled flour, the most basic staple
ingredient of the local diet, has been greatly diminished. As a result, the population of Gaza is
now more dependent on the Israeli authorities’ granting permission for flour and bread to enter
the Gaza Strip.
925. Available information does not suggest that the Israeli authorities have investigated the
destruction of the flour mill. The Mission finds the version of the Hamada brothers to be credible
and in line with the Israeli practice of leaving telephone warnings of impending attacks.
2.
Legal findings
926. In considering the degree to which there may have been violations of international
humanitarian law, the Mission refers to article 52 of Additional Protocol 1, which is set out in
full above at chapter VII. The Mission also considers the following provisions to be relevant to
its deliberations:
Article 54 (1) and (2) of Additional Protocol I
1.
Starvation of civilians as a method of warfare is prohibited.
2. It is prohibited to attack, destroy, remove or render useless objects
indispensable to the survival of the civilian population, such as foodstuffs, agricultural
areas for the production of foodstuffs, crops, livestock, drinking water installations and
supplies and irrigation works, for the specific purpose of denying them for their
sustenance value to the civilian population or to the adverse party, whatever the motive,
whether in order to starve out civilians, to cause them to move away, or for any other
motive.
Article 147 of the Fourth Geneva Convention provides:
Grave breaches to which the preceding article relates shall be those involving any of
the following acts, if committed against persons or property protected by the present
Convention: wilful killing, torture or inhuman treatment, including biological
experiments, wilfully causing great suffering or serious injury to body or health, unlawful
deportation or transfer or unlawful confinement of a protected person, compelling a
protected person to serve in the forces of a hostile Power, or wilfully depriving a protected
person of the rights of fair and regular trial prescribed in the present Convention, taking of
hostages and extensive destruction and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly.
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