A/HRC/12/48
page 252
1186. Taking into account all of the foregoing factors, the Mission, therefore, concludes that
Israel had the means necessary to plan the December-January military operations in detail. Given
both the means at Israel’s disposal and the apparent degree of training, including training in
international humanitarian law, and legal advice received, the Mission considers it highly
unlikely that actions were taken, at least in the aerial phase of the operations, that had not been
the subject of planning and deliberation.572 In relation to the land-air phase, ground commanders
would have had some discretion to decide on the specific tactics used to attack or respond to
attacks. The same degree of planning and premeditation would therefore not be present.
However, the Mission deduces from a review of many elements, including some soldiers’
statements at seminars in Tel Aviv and to Breaking the Silence, that what occurred on the ground
reflected guidance that had been provided to soldiers in training and briefing exercises.573
1187. The Mission notes that it has found only one example where the Israeli authorities have
acknowledged that an error had occurred. This was in relation to the deaths of 22 members of the
al-Daya family in Zeytoun. The Government of Israel explained that its armed forces had
intended to strike the house next door, but that errors were made in the planning of the
operation.574 The Mission expresses elsewhere its concerns about this explanation (see chap. XI).
However, since it appears to be the only incident that has elicited an admission of error by the
Israeli authorities, the Mission takes the view that the Government of Israel does not consider the
other strikes brought to its attention to be the result of similar or other errors.
1188. In relation to air strikes, the Mission notes the statement issued in Hebrew posted on the
website of the Israeli armed forces on 23 March 2009:
Official data gathered by the Air Force concluded that 99 per cent of the firing that
was carried out hit targets accurately. It also concluded that over 80 per cent of the bombs
and missiles used by the Air Force are defined as accurate and their use reduces innocent
casualties significantly…575
1189. The Mission understands this to mean that in over 80 per cent of its attacks the Air Force
deployed weapons considered to be accurate by definition – what are known colloquially as
precision weapons as a result of guidance technology. In the other 20 per cent of attacks,
therefore, it apparently used unguided bombs. According to the Israeli armed forces, the fact that
these 20 per cent were unguided did not diminish their accuracy in hitting their targets, but may
have caused greater damage than those caused by precision or “accurate” weapons.
572
See “The operation in Gaza…”, para. 236.
See, for example, a soldier’s report of a junior officer’s briefing before entering Gaza: “I want aggression. If we
suspect a building we take down this building. If there’s a suspect on one of the floors of that building we shell it.
No second thoughts. It’s either them or us. Let it be them… No one has second thoughts. Let error take their lives,
not ours”. See transcript from Channel Ten News on record with the Mission of soldiers speaking at a seminar in Tel
Aviv.
573
“The operation in Gaza…”, paras. 385-387. The Israeli Government’s comments in relation to the attack on a
truck with oxygen tanks is somewhat more equivocal. The blame is put on the proximity of the tanks to alleged
armed groups. Ibid., paras. 398-400.
574
575
http://dover.idf.il/IDF/News_Channels/today/09/03/2301.htm (Mission’s own translation).
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