A/HRC/12/48
page 257
find life so intolerable that they would leave (if that were possible) or turn Hamas out of office,
as well as to collectively punish the civilian population.
1209. The Israeli Government has stated:
While Hamas operates ministries and is in charge of a variety of administrative and
traditionally governmental functions in the Gaza Strip, it still remains a terrorist
organization. Many of the ostensibly civilian elements of its regime are in reality active
components of its terrorist and military efforts. Indeed, Hamas does not separate its
civilian and military activities in the manner in which a legitimate government might.
Instead, Hamas uses apparatuses under its control, including quasi-governmental
institutions, to promote its terrorist activity.592
1210. The framing of the military objectives Israel sought to strike is thus very wide indeed.
There is, in particular, a lack of clarity about the concept of promoting “terrorist activity”: since
Israel claims there is no real division between civilian and military activities and it considers
Hamas to be a terrorist organization, it would appear that anyone who supports Hamas in any
way may be considered as promoting its terrorist activity. Hamas was the clear winner of the
latest elections in Gaza. It is not far-fetched for the Mission to consider that Israel regards very
large sections of the Gazan civilian population as part of the “supporting infrastructure”.
1211. The indiscriminate and disproportionate impact of the restrictions on the movement of
goods and people indicates that, from as early as some point in 2007, Israel had already
determined its view about what constitutes attacking the supporting infrastructure, and it appears
to encompass effectively the population of Gaza.
1212. A statement of objectives that explicitly admits the intentional targeting of civilian objects
as part of the Israeli strategy is attributed to the Deputy Chief of Staff, Maj. Gen. Dan Harel.
While the Israeli military operations in Gaza were under way, Maj. Gen. Harel was reported as
saying, in a meeting with local authorities in southern Israel:
This operation is different from previous ones. We have set a high goal which we
are aiming for. We are hitting not only terrorists and launchers, but also the whole Hamas
government and all its wings. […] We are hitting government buildings, production
factories, security wings and more. We are demanding governmental responsibility from
Hamas and are not making distinctions between the various wings. After this operation
there will not be one Hamas building left standing in Gaza, and we plan to change the
rules of the game.593
E.
Conclusions
1213. The Israeli military conception of what was necessary in a future war with Hamas seems
to have been developed from at least the time of the 2006 conflict in southern Lebanon. It finds
its origin in a military doctrine that views disproportionate destruction and creating maximum
592
“The operation in Gaza…”, para. 235.
593
Ynet, “Deputy chief of staff: worst still ahead”.
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