A/HRC/23/21
and exit to Gaza by land, sea and air; its frequent violent incursions; and a blockade
maintained since mid-2007. The situation in Gaza has been likened to a large open-air
prison in which the inmates control the interior while the guards control the perimeter.
11.
The Special Rapporteur conducted three activities during his mission: visits to
targeted areas and meetings with families affected adversely by Operation “Pillar of
Defense”; briefings with United Nations officials and with national and international
representatives of non-governmental organizations active in Gaza; and meetings with local
journalists, doctors and individuals acquainted with the policies and practices of and
discussions held at the senior level of the de facto authorities. It was an intense yet
illuminating means to acquire a direct appreciation of the overall situation of human rights
in Gaza.
12.
The Special Rapporteur visited Ismail Mohamed Abu Tabiekh Aslan, a
neighbourhood of Gaza City situated near the border with Israel that had experienced heavy
artillery and missile attacks. Some residents reported that drones were used to attack. The
Special Rapporteur met with adult residents, mainly men, who spoke of how the attacks had
damaged the modest infrastructure (especially electricity and water storage) of this
extremely poor neighbourhood, and had killed their livestock, which were crucial to their
meagre livelihood. They also spoke of their shared sense of vulnerability during the attacks,
with no facilities available to offer protection. A deep psychological impact was widely
reported, especially affecting young children who were experiencing nightmares,
bedwetting and panic attacks.
13.
The Special Rapporteur visited the destroyed residence of the Al Dalou family,
which lost 10 family members, including four young children during the attack. Jamel
Mahmoud Yassin Al Dalou, the surviving grandfather of the four dead children, described
himself as a trader in foodstuffs who lived with his family in the Nasser neighbourhood and
enjoyed better living conditions than most Gazans. Mr. Al Dalou stated that, during the
November attacks:
Every one of us was a target. The sky was full of Israeli planes and drones,
everything that moved could be hit. I left to go to my business by taxi to bring
needed food to the family, but while there, people came to me crying and told me
my house had been hit, the worst news I’ve ever received in my life. I rushed home
to find many working to remove the rubble of the destroyed house.
On the deaths of his children and grandchildren, Mr. Al Dalou commented:
If they cannot deal with Islamic militants, should they attack children? We have no
problem if Israelis attack militants, but this was a great injustice. I lost my family. I
sleep on the street. Only my son and I survived. This is one of the worst crimes.
Where is the international court to prosecute the perpetrators? They destroy our
houses, take our land and destroy our women and children. To whom can I
complain?
This man’s voice represented the pain and grief encountered throughout the visit.
Essentially, the other victims and survivors of the attacks with whom the Special
Rapporteur spoke told the same story. From the perspective of international humanitarian
law, what seems striking is that several of the damaged structures were situated in clearly
demarcated residential districts. There is a new yardstick by which to assess responsibility
for military strikes on civilian targets. On the one side, missile technology has become
more accurate, allowing for less accidental or collateral damage. At the same time, this
greater accuracy leads to the presumption that direct hits on civilian residences are
deliberate, and thus exhibit criminal intention. In certain instances, there may have been
someone acknowledged as a militant living in a residential building, but such a presence
does not justify targeting an entire residential complex. In such circumstances, the collateral
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