A/HRC/12/48 (ADVANCE 2)
page 9
1907. The Mission, in fulfilling its mandate to investigate alleged violations of international
law that occurred in the context of the December 2008 – January 2009 military operations
in Gaza, spoke predominantly to those most affected by the most recent events in a conflict
that has spanned decades. As may be expected, the Mission found societies scarred by
living in conflict with significant psychological trauma stemming from a life that may
rightly seem to those living in more peaceful countries to be unbearable.
1908. Both the Palestinians and the Israelis are legitimately angered at the lives that they
are forced to lead. For the Palestinians, the anger about individual events – the civilian
casualties, injuries and destruction in Gaza following from military attacks, the blockade,
the continued construction of the Wall outside of the 1967 borders – feed into an
underlying anger about the continuing Israeli occupation, its daily humiliations and their
as-yet-unfulfilled right to self-determination. For the Israelis, the public statements of
Palestinian armed groups celebrating rocket and mortar attacks on civilians strengthen a
deep-rooted concern that negotiation will yield little and that their nation remains under
existential threat from which only it can protect its people. In this way, both the Israelis
and the Palestinians share a secret fear – for some, a belief – that each has no intention of
accepting the other’s right to a country of their own. This anger and fear are unfortunately
ably represented by many politicians.
1909. Some Israelis pointed out to the Mission that policies of the Israeli Government
relating to the isolation of the Gaza Strip and the tighter restrictions on the movement of
Palestinians within the Occupied Palestinian Territory and between the Occupied
Palestinian Territory and Israel, have contributed to increasing the distance between
Palestinians and Israelis, reducing the opportunities to interact other than in situations of
control and coercion such as checkpoints and military posts.
1910. In this context, the Mission was encouraged by reports of exchange and cooperation
between Palestinians and Israelis, for example with regard to mental health specialists
working with Palestinians from Gaza and southern Israel’s communities, and with regard
to cooperation between Magen David Adom and the Palestinian Red Crescent Society,
especially in the West Bank, as they fulfil a shared commitment to providing humanitarian
assistance to the communities in which they work, regardless of the ethnicity of the patient
who lies before them.
H.
The intra-Palestinian situation
1911. The division and violence between Fatah and Hamas, which culminated in the
establishment of parallel governance entities and structures in the Gaza Strip and the West
Bank, is having adverse consequences for the human rights of the Palestinian population in
both areas, as well as contributing to erode the rule of law in the Occupied Palestinian
Territory in addition to the threats already linked to foreign occupation. Even with the
narrow focus of the Mission on violations relevant to the context of the December-January
military operations, the diminishing protections for Palestinians are evident from the cases
of arbitrary deprivation of life, arbitrary detention of political activists or sympathizers,
limitations on freedom of expression and association, and abuses by security forces. The
situation is compounded by the ever reducing role of the judiciary in ensuring the rule of
law and legal remedies for violations. A resolution of the internal divisions based on the
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