A/HRC/12/48 page 91 and Al Mezan, fewer than 17 per cent of the Palestinians killed during the military operations were combatants. 357. B’Tselem states that, of the 1,387 Palestinians who were killed, 773 did not take part in the hostilities, including 320 minors and 109 women over the age of 18. Of those killed, 330 took part in the hostilities and 248 were Palestinian police officers, most of whom were killed in aerial bombings of police stations on the first day of the operations. For 36 people B’Tselem could not determine whether they had participated in the hostilities or not. 358. According to Defence for Children International, 348 children were killed during the military operations.221 359. The Israeli armed forces claim that 1,166 Palestinians were killed during the military operations “according to the data gathered by the Research Department of the Israel Defense Intelligence”. They allege that “709 of them are identified as Hamas terror operatives”, 295 are “uninvolved Palestinians”, while the remaining 162 are “men that have not yet been attributed to any organization”.222 Of the 295 “uninvolved Palestinians”, 89 were children under the age of 16 and 49 women. According to these figures, at least 60 per cent, and possibly as many as three out of four, of those killed were combatants. The Mission notes, however, that the Israeli Government has not published a list of victims or other data supporting its assertions, nor has it, to the Mission’s knowledge, explained the divergence between its statistics and those published by three Palestinian sources, except insofar as the classification of policemen as combatants is concerned.223 360. The Mission, not having investigated all incidents involving loss of life in the Gaza Strip, will not make findings regarding the overall number of persons killed nor regarding the percentage of civilians among those killed. The incidents it did investigate, and on which it will make findings based on the information it gathered, involve the death of more than 220 persons, at least 47 of them children and 19 adult women. 361. The Mission notes that the statistics from non-governmental sources are generally consistent. Statistics alleging that fewer than one out of five persons killed in an armed conflict was a combatant, such as those provided by PCHR and Al Mezan as a result of months of field research,224 raise very serious concerns about the way Israel conducted the military operations in Gaza. The counterclaims published by the Government of Israel fall far short of international law standards. Defence for Children International confirmed the deaths of another five children caused indirectly by the military operations. 221 IDF spokesperson, “Majority of Palestinians killed in operation cast lead: Terror operatives”, 26 March 2009, available at http://dover.idf.il/IDF/English/News/today/09/03/2602.htm; see also The Jerusalem Post, “IDF releases cast lead casualty number”, 26 March 2009. 222 223 On the question of whether Gaza policemen were civilians or combatants, see chap. VII. The Mission notes that the figures from B’Tselem, which distinguish between casualties who took part in the hostilities and those who did not, lead to similar results. If the policemen were added to those who did not take part in hostilities (as Al Mezan and PCHR do in adding the policemen to the civilians killed), the B’Tselem statistics would indicate that approximately one in four Palestinians killed was taking part in hostilities. 224

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