A/HRC/12/48 (ADVANCE 1)
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Mission concludes that, if a mistake was indeed made, there could not be said to be a case of
wilful killing. State responsibility of Israel for an internationally wrongful act would, however,
remain.
8.
The use of certain weapons
48. Based on its investigation of incidents involving the use of certain weapons such as white
phosphorous and flechette missiles, the Mission, while accepting that white phosphorous is not at
this stage proscribed under international law, finds that the Israeli armed forces were
systematically reckless in determining its use in built-up areas. Moreover, doctors who treated
patients with white phosphorous wounds spoke about the severity and sometimes untreatable
nature of the burns caused by the substance. The Mission believes that serious consideration
should be given to banning the use of white phosphorous in built-up areas. As to flechettes, the
Mission notes that they are an area weapon incapable of discriminating between objectives after
detonation. They are, therefore, particularly unsuitable for use in urban settings where there is
reason to believe civilians may be present.
49. While the Mission is not in a position to state with certainty that so-called dense inert
metal explosive (DIME) munitions were used by the Israeli armed forces, it did receive reports
from Palestinian and foreign doctors who had operated in Gaza during the military operations of
a high percentage of patients with injuries compatible with their impact. DIME weapons and
weapons armed with heavy metal are not prohibited under international law as it currently
stands, but do raise specific health concerns. Finally, the Mission received allegations that
depleted and non-depleted uranium were used by the Israeli armed forces in Gaza. These
allegations were not further investigated by the Mission.
9.
Attacks on the foundations of civilian life in Gaza: destruction
of industrial infrastructure, food production, water installations,
sewage treatment plants and housing
50. The Mission investigated several incidents involving the destruction of industrial
infrastructure, food production, water installations, sewage treatment plants and housing (chap.
XIII). Already at the beginning of the military operations, el-Bader flour mill was the only flour
mill in the Gaza Strip still operating. The flour mill was hit by a series of air strikes on 9 January
2009, after several false warnings had been issued on previous days. The Mission finds that its
destruction had no military justification. The nature of the strikes, in particular the precise
targeting of crucial machinery, suggests that the intention was to disable the factory’s productive
capacity. From the facts it ascertained, the Mission finds that there has been a violation of the
grave breaches provisions of the Fourth Geneva Convention. Unlawful and wanton destruction
which is not justified by military necessity amounts to a war crime. The Mission also finds that
the destruction of the mill was carried out to deny sustenance to the civilian population, which is
a violation of customary international law and may constitute a war crime. The strike on the flour
mill furthermore constitutes a violation of the right to adequate food and means of subsistence.
51. The chicken farms of Mr. Sameh Sawafeary in the Zeytoun neighbourhood south of Gaza
City reportedly supplied over 10 per cent of the Gaza egg market. Armoured bulldozers of the
Israeli armed forces systematically flattened the chicken coops, killing all 31,000 chickens
inside, and destroyed the plant and material necessary for the business. The Mission concludes
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