A/HRC/12/48 (ADVANCE 2)
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PART FIVE: CONCLUSIONS AND RECOMMENDATIONS
XXX. CONCLUSIONS
A.
Concluding observations
1874. An objective assessment of the events it investigated and their causes and context is
crucial for the success of any effort to achieve justice for victims of violations and peace
and security in the region, and as such is in the interest of all concerned and affected by
this situation, including the parties to the continuing hostilities. It is in this spirit, and with
full appreciation of the complexity of its task, that the Mission received and implemented
its mandate.
1875. The international community as well as Israel and, to the extent determined by their
authority and means, Palestinian authorities, have the responsibility to protect victims of
violations and ensure that they do not continue to suffer the scourge of war or the
oppression and humiliations of occupation or indiscriminate rocket attacks. People of
Palestine have the right to freely determine their own political and economic system,
including the right to resist forcible deprivation of their right to self-determination and the
right to live, in peace and freedom, in their own State. The people of Israel have the right to
live in peace and security. Both peoples are entitled to justice in accordance with
international law.
1876. In carrying out its mandate, the Mission had regard, as its only guides, for general
international law, international human rights and humanitarian law, and the obligations
they place on States, the obligations they place on non-State actors and, above all, the
rights and entitlements they bestow on individuals. This in no way implies equating the
position of Israel as the occupying Power with that of the occupied Palestinian population
or entities representing it. The differences with regard to the power and capacity to inflict
harm or to protect, including by securing justice when violations occur, are obvious and a
comparison is neither possible nor necessary. What requires equal attention and effort,
however, is the protection of all victims in accordance with international law.
B.
The Israeli military operations in Gaza: relevance to and links with Israel’s
policies vis-à-vis the Occupied Palestinian Territory
1877. The Mission is of the view that Israel’s military operation in Gaza between 27
December 2008 and 18 January 2009 and its impact cannot be understood or assessed in
isolation from developments prior and subsequent to it. The operation fits into a
continuum of policies aimed at pursuing Israel’s political objectives with regard to Gaza
and the Occupied Palestinian Territory as a whole. Many such policies are based on or
result in violations of international human rights and humanitarian law. Military
objectives as stated by the Government of Israel do not explain the facts ascertained by the
Mission, nor are they congruous with the patterns identified by the Mission during the
investigation.
1878. The continuum is evident most immediately with the policy of blockade that
preceded the operations and that in the Mission’s view amounts to collective punishment
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