A/HRC/12/48
page 210
nature of the deployment systems and the distance between the wells and any neighbouring
buildings. The facts thus indicate that the strikes on the Namar wells group were intentional.
986. The Mission found no grounds to suggest that there was any military advantage to be
gained from hitting the wells. There was no suggestion that Palestinian armed groups had used
the wells for any purpose.
3.
Legal findings
987. From the facts ascertained by it, the Mission makes similar findings to those set out
regarding the violation of article 147 of the Fourth Geneva Conventions and article 54 (2) of
Additional Protocol I in relation to the destruction of the el-Bader flour mill.
988. The right to food clearly includes the right to have adequate access to water. The Mission
finds that this was denied to the people served by the Namar wells. It took some 75 days to repair
them
989. The Mission also finds that the killing of Mr. Abdullah Ismail al-Zein was unlawful and
constitutes a violation of the right to life. Since targeting the wells constituted an act of wanton
destruction, the incidental loss of life cannot be justified with regard to any military advantage.
D.
The destruction of housing
990. The Mission received information about the extensive destruction of houses and private
property during the military operations.506 During its own visits to the Gaza Strip, the Mission
witnessed the extent of the destruction caused by air strikes, mortar and artillery shelling, missile
strikes, the operation of bulldozers and demolition charges. Some areas of the Gaza Strip were
more heavily affected than others, but the Mission saw many piles of rubble where, prior to the
military operations, there had been multi-storey houses.
991. In many, if not most, of the incidents investigated by the Mission, described in chapters X,
XI, XIV and XV, the victims it interviewed not only suffered the loss of loved ones (or were
used as human shields or detained), but also saw their homes severely damaged or completely
destroyed. For present purposes, the Mission will recall a few of the incidents relating to the
destruction of housing.
992. In some cases, the damage to or destruction of housing was arguably related to the
conduct of military operations against Palestinian combatants. The houses of Majdi Abd Rabbo
Information received includes the following reports: Al Mezan, Statistical Report on Persons Killed and Property
Destroyed by Israeli Occupation Forces during Operation Cast Lead, June 2009, Al-Dameer Gaza, IOF Targets
Civilian Premises and Cultural Properties during its Offensive on the Gaza Strip, May 2009, Submission to the
Mission by Habitat International Coalition’s Housing and Land Rights Network entitled “Targeting Shelters and
Shelter Seekers during Operation Cast Lead in the Context of Israeli Military Practice.”, and Submission to the
Mission by the Centre on Housing Rights and Evictions (COHRE), June 2009, pp. 3-4.
506
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