A/HRC/10/20 page 16 assessment of the underlying allegation that the Israeli attacks commencing on 27 December 2008 were intrinsically criminal because of their incapacity to maintain the distinction between military and civilian targets, a contention that Israeli political and military leaders challenge. If a solid basis in fact and evidence could be provided to back up this contention, it would provide the grounds for contending that the highest political and military leaders could be held potentially criminally responsible. 33. Alleged crimes associated with battlefield operations and command policy, such as the targeting of schools, mosques, ambulances, residential homes and health facilities, should be investigated to the extent possible, including evidence pertaining to the existence of deliberate intent or gross negligence. Extenuating circumstances should be taken into account, including allegations that buildings and their near surroundings were being used for combat purposes. It is important that this evidence be gathered quickly, and that the cooperation of the parties be solicited to the extent that the investigation establishes a prima facie case with respect to war crimes, and the responsible perpetrators can be identified, then the investigating report should either recommend that the parties be encouraged to establish criminal law procedures by which such individuals can be indicted, prosecuted, accorded due process and punished if found guilty, or propose some alternative mechanism. It is quite likely that the investigation will be able to establish that certain practices and incidents have the characteristics of war crimes, but that it will be impossible to identify the supposed perpetrator(s), at least not without the cooperation of the parties engaged in combat. 34. Alleged crimes associated with legally dubious use of weaponry, such as white phosphorous (which burns through clothing, sticks to skin and burns flesh to the bone), flechette bombs (which expel razor sharp darts), and Dense Inert Metal Explosives (DIME) bombs (causing intense explosions in a small area and body parts to be blown apart) should also be investigated. None of these weapons is, per se, explicitly banned by international law, but there is considerable support for the view that their use in dense urban areas where civilians are known to be or are habitually present would be a war crime. An investigation is needed to establish the extent of such use, and the specific circumstances under which use occurred. To the extent that a basis for criminal prosecution is established, the orbit of responsibility should focus on the command levels of decision with respect to policies and practices governing use, and generally accord serious but subordinate attention to the identity of low-level perpetrators carrying out orders. Here too the cooperation of Israeli governmental authorities should be evaluated as a means of achieving accountability; if not regarded as reliable, alternative approaches should be recommended. 35. The practices of Hamas alleged to constitute war crimes should also be investigated, including the firing of rockets and mortar shells aimed at civilian targets; the alleged use of children and civilians as “human shields”; and the abuse of the protected status of certain structures either to hide weaponry or as places of sanctuary for carrying on combat operations. The extent to which these latter practices are distinct crimes or serve to mitigate or excuse failures by Israel to respect the immunity of such targets needs to be determined. Here also, it is important to concentrate on the appropriate level of military and political command to determine the locus of possible criminality, and to recommend how accountability should be assessed.