A/HRC/12/48 page 218 carried out. The deployment of bulldozers for systematic destruction is graphically recounted. Soldiers confirm in considerable detail information provided to the Mission by witnesses.525 1027. The Mission refers to chapter XVII, where it found that the systematic destruction of food production, water services and construction industries was related to the overall policy of disproportionate destruction of a significant part of Gaza’s infrastructure. 5. General legal findings 1028. The Mission has made detailed findings in relation to each of the incidents set out above. However, given the nature of the systematic attacks on the food, water and infrastructure provision in Gaza during the military operations, the Mission also believes it is important to highlight the issue of State responsibility and the liability of Israel in relation to the internationally wrongful acts committed. 1029. While the element of fault is controversial in the law of State responsibility, the Mission has found that in all of the cases described above both the act and the consequence were intended. 1030. Israel had a number of duties in respect of its actions during the military operations. These included the general obligation reflected in article 52 of Additional Protocol I to ensure that civilian objects are not the objects of attack and to ensure the protection of objects indispensable to the survival of the civilian population. In addition, the customary norms of international law contained in article 54 (2) of Additional Protocol I require States not to destroy objects indispensable to the survival of the population. 1031. Israel displayed a premeditated determination to achieve the objective of destruction. It is, therefore, responsible for the internationally wrongful acts it perpetrated in breach of the duties specified above. XIV. THE USE OF PALESTINIAN CIVILIANS AS HUMAN SHIELDS 1032. The Mission received allegations that in two areas in north Gaza Israeli troops used Palestinian men as human shields whilst conducting house searches. The Palestinian men were allegedly forced to enter houses at gunpoint in front of or, in one case, instead of soldiers. The Mission investigated four cases. One incident took place in the Izbat Abd Rabbo neighbourhood and another in al-Salam neighbourhood, both east of Jabaliyah, close to the border with Israel. Two incidents took place in al-Israa neighbourhood, west of Beit Lahia. The Mission visited See Soldiers’ Testimonies…, testimony 17 on “infrastructure work” and the razing of orchards, p. 44 and testimony 29, p. 66. Note also testimony 46 on the practice of D-9 armoured bulldozers effectively working around the clock, largely destroying orchards (p. 100). The Mission notes that an issue raised on several occasions was the idea of the “day after” – the circumstances that Israel would find after finishing the military operations in terms of addressing future attacks from Gaza. Even if this could be conceived of as a longer-term strategic military goal, it is not a legitimate one in these circumstances. It does not meet the appropriate test for military advantage in the pursuit of certain objectives. Nor does it meet the test of military necessity referred to in the grave breaches provisions. See also chapter XVI. 525

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