A/HRC/12/48 page 203 935. The civilian population is increasingly dependent on external humanitarian assistance, whose arrival depends on permission from the Israeli authorities. While it is not suggested that starvation is imminent, the health and welfare of the population at large have been profoundly affected by the blockade and the military operations. The only reason why starvation is not imminent however is precisely the provision of humanitarian assistance. Without such assistance Gaza’s civilian population would not be able to feed itself.496 936. States cannot escape their obligations not to deny the means of sustenance simply by presuming the international community will fill the gap they have created by deliberately destroying the existing capacity. 937. From the facts ascertained by it, the Mission finds that the destruction of the mill was carried out for the purpose of denying sustenance to the civilian population, which is a violation of customary international law as reflected in article 54 (2) of Additional Protocol I and may constitute a war crime. 3. The right to food497 938. The right to adequate food therefore requires the right to food security (through either self-production or adequate income) and the “fundamental” right to be free from hunger.498 That Israel has not created a state of hunger is the result largely of the external aid provided to the population of Gaza. It has, however, severely affected the ability of Gazans both to produce food and to purchase it. 939. Article 1 of the International Covenant on Civil and Political Rights states that “in no case may a people be deprived of its own means of subsistence.” 940. The right to adequate food is also reflected in the Convention on the Elimination of All Forms of Discrimination against Women, which requires State parties to guarantee to women “adequate nutrition during pregnancy and lactation.” 941. The Mission finds that, as a result of its actions to destroy food and water supplies and infrastructure, Israel has violated article 1 of the International Covenant on Civil and Political Rights, article 11 of the International Covenant on Economic, Social and Cultural Rights and article 12 (2) of the Convention on the Elimination of All Forms of Discrimination against Women. According to John Ging, 80 per cent of the Gazan population is dependent on UNRWA for food supplies. Interview with IRIN, 20 January 2009. 496 497 See chap. XVII. See Randle C. DeFalco, “The right to food in Gaza: Israel’s obligations under international law”, Rutgers Law Record, vol. 35 (Spring 2009), available at: http://www.lawrecord.com/rutgers_law_record/2009/05/the-right-tofood-in-gaza-israels-obligations-under-international-law.html#sdfootnote24sym. 498