A/HRC/12/48 page 258 disruption in the lives of many people as a legitimate means to achieve military and political goals. 1214. Through its overly broad framing of the “supporting infrastructure”, the Israeli armed forces have sought to construct a scope for their activities that, in the Mission’s view, was designed to have inevitably dire consequences for the non-combatants in Gaza. 1215. Statements by political and military leaders prior to and during the military operations in Gaza leave little doubt that disproportionate destruction and violence against civilians were part of a deliberate policy.594 1216. To the extent to which statements such as that of Mr. Yishai on 2 February 2009 indicate that the destruction of civilian objects, homes in that case, would be justified as a response to rocket attacks (“destroy 100 homes for every rocket fired”), the Mission is of the view that reprisals against civilians in armed hostilities are contrary to international humanitarian law.595 Even if such actions could be considered a lawful reprisal, they do not meet the stringent conditions imposed, in particular they are disproportionate,596 and violate fundamental human rights and obligations of a humanitarian character.597 One party's targeting of civilians or civilian areas can never justify the opposing party’s targeting of civilians and civilian objects, such as homes, public and religious buildings, or schools. XVII. THE IMPACT OF THE BLOCKADE AND OF THE MILITARY OPERATIONS ON THE PEOPLE OF GAZA AND THEIR HUMAN RIGHTS “A military commander’s obligation does not end with avoiding harm to the lives and the dignity of the local residents, a “negative obligation”, but his obligation is also “positive”- he must protect the lives and dignity of the residents, within the constraints of the time and place….” Justice Barak (HCJ 764/04) “As long as Israel has control of the transfer of necessities and the supply of humanitarian needs to the Gaza Strip, it is bound by the obligations of international humanitarian law to allow the civilian population to have access, inter alia, to medical facilities, food and water, as well as additional humanitarian items”. Justice Beinisch (HCJ 201/09) 1217. During its visits to the Occupied Palestinian Territory, and its meetings and hearings in Gaza, Amman, Geneva and other places, the Mission saw for itself and received reports and Highlighting the pattern of military actions targeting civilian shelters and shelter seekers, the Habitat International Coalition concludes: “The official statements that accompany these actions […] seem to reflect a presumption that any source of brutality against the indigenous inhabitants would convert the victims into agents of the attackers’ preferred outcome: defeat of resistance” (submission, cited, p. 40). 594 595 See Additional Protocol I, art. 51 (6). 596 Customary International Humanitarian Law…, pp. 513–518. See also article 50 of the articles on responsibility of States for internationally wrongful acts of the International Law Commission (General Assembly resolution 56/83, annex). 597

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