A/HRC/15/21 would also mean bringing exports out of Gaza in order to rebuild the economy destroyed by the blockade.31 44. At the end of August, OCHA reported that despite the easing of the restrictions and an increase of imports into the Gaza Strip for some weeks, ongoing restrictions on the entry of construction materials, as well as on exports, continued to impede major reconstruction and development, noting that the truckloads of goods entering Gaza during the week of 18 to 24 August constituted only 37 per cent of the weekly average of truckloads that entered during the first five months of 2007, prior to the imposition of the blockade. In the same report, OCHA also highlights the continuing fuel shortage and electricity crisis in the Gaza Strip.32 The impact of the power cuts in terms of putting people’s lives at risk, for instance those people in need of medical treatment (i.e. dialysis patients), was also highlighted by the ICRC in a press release on 7 September 2010. 3. Information on recent armed hostilities 45. According to OCHA, in 2010, 41 Palestinians (including 14 civilians), 3 Israeli soldiers and one foreign national have been killed in the context of the Palestinian-Israeli conflict in the Gaza Strip and southern Israel, with another 178 Palestinians (including 154 civilians) and 8 Israeli soldiers having been injured.33 According to the Israeli Defense Forces, a total of 120 rockets were fired from the Gaza Strip into Israel from 1 January to 31 July 2010.34 This figure does not include failed attempts or firing directly at Israeli forces. B. Applicable law 46. At the outset it should be noted that a State is responsible for the conduct of its officials, including its armed forces, when acting either in their official capacity or when acting under the authority of, and using means put at their disposal by, the State, even if exceeding their authority or contravening instructions.35 In the course of enforcement actions carried out by a State, certain fundamental, minimum obligations are applicable at all times, whether an operation is governed by the laws of armed conflict (LOAC) or the laws of international human rights law. The content of those obligations is not affected by the legality or otherwise of a State’s claim to exercise authority over individuals or property. 47. However, acting in an official capacity does not relieve a State agent of individual criminal responsibility. It is possible that individual criminal liability and State responsibility may arise from the same act. The fact that the State bears international responsibility does not mean that individuals cannot also bear individual criminal liability. 31 32 33 34 35 See http://www.irinnews.org/Report.aspx?ReportId=89762 Protection of Civilians Weekly Report, 18-24 August 2010, United Nations OCHA oPt, p.4. Protection of Civilians Weekly Report, 18-24 August 2010, United Nations OCHA oPt, p.3. http://dover.idf.il/IDF/English/News/today/10/08/1203.htm Article 7, International Law Commission Articles on Responsibility of States for Internationally Wrongful Acts, [2001] Vol. II(2) ,Yearbook of the International Law Commission, p. 45. See also: Caire (1929) 5 Reports of International Arbitral Awards 516; Mallén (1925) 4 Reports of International Arbitral Awards 173. 11