A/HRC/12/48 page 99 389. There is an absence of evidence or, indeed, any allegation from the Israeli Government and armed forces that the Legislative Council building, the Ministry of Justice or the Gaza main prison “made an effective contribution to military action.” On the information available to it, the Mission finds that the attacks on these buildings constituted deliberate attacks on civilian objects in violation of the rule of customary international humanitarian law whereby attacks must be strictly limited to military objectives. 390. In the Mission's view these facts further indicate the commission of the grave breach of extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly, as defined in article 147 of the Fourth Geneva Convention. 391. The Mission rejects the analysis of present and former senior Israeli officials that, because of the alleged nature of the Hamas government in Gaza, the distinction between civilian and military parts of the government infrastructure is no longer relevant in relation to Israel’s conflict with Hamas. This analysis is accompanied, in the statements of Col. Gabriel Siboni and Mr. Matti Steinberg, by an explicit argument that Israel should “put pressure” on Hamas by targeting civilian infrastructure to attain its war aims. 392. The Mission is of the view that this is a dangerous argument that should be vigorously rejected as incompatible with the cardinal principle of distinction. International humanitarian law prohibits attacks against targets that do not make an effective contribution to military action. Attacks that are not directed against military (or dual use) objectives are violations of the laws of war, no matter how promising the attacker considers them from a strategic or political point of view. As a recent academic contribution to the discussion on whether “new wars” require “new laws” has noted, “if this argument [that attacks against political, financial or psychological targets may prove more effective than those against military or dual-use objectives] was decisive, in some societies – in particular in democracies – it may be hospital maternity wards, kindergartens, religious shrines, or homes for the elderly whose destruction would most affect the willingness of the military or of the government to continue the war.”251 B. Deliberate attacks on the Gaza police 393. Information received by the Mission indicates that 248 members of the Gaza police were killed in the course of Israel’s military operations.252 In other words, more than one out of every six casualties was a member of the Gaza police. 394. The Mission visited the “Arafat City” police headquarters in Gaza City and five police stations: the Abbas police station (central Gaza City), three police stations in neighbourhoods in the east and south of Gaza City (Zeytoun, al-Shujaeiyah and al-Tuffah) and the Deir al-Balah investigative police station. The Mission interviewed the Director of Police, the police spokesman, station commanders at the stations visited and other persons knowledgeable about Marco Sassoli, “Targeting: the scope and utility of the concept of “military objectives” for the protection of civilians in contemporary armed conflicts”, New Wars, New Laws? Applying the Laws of War in 21st Century Conflicts, D. Wippman and M. Evangelista, eds. (Ardsley, New York; Transnational Publishers; 2005), p. 196. 251 The Central Commission for Documentation and Pursuit of Israeli War Criminals (TAWTHEQ), established by the Gaza authorities’ Ministry of Justice. 252

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