A/HRC/29/52
densely populated environment through the use of heavy weaponry predictably leads to
violations of the principles of distinction and proportionality.
(e)
Targeting of civilians
59.
The commission examined several cases in which the people or groups of people
targeted were civilians, at times children, who were not directly participating in the
hostilities and did not represent any threat to the Israeli soldiers present in the area. For
instance, Salem Shamaly, whose death was recorded on video, was shot several times while
looking for a relative during a humanitarian pause, even after he had been felled by the first
shot (A/HRC/28/80/Add.1, para. 43). The commission examined two other incidents in
which civilians allegedly carrying white flags were targeted by soldiers in Khuza’a. The
first case pertained to a large group of people, including children, who were attacked in
front of a clinic while attempting to leave the village holding white flags. In the second
case, a man in a house carrying a white flag was shot at point-blank range in front of some
30 other people, including women, children and elderly persons, who had sought shelter in
the house.
60.
Directing attacks against civilians constitutes a violation of the principle of
distinction and may amount to a war crime. These acts may also constitute wilful killings.
Such acts are also a violation of the right to life, as guaranteed by article 6 of the
International Covenant on Civil and Political Rights.
4.
Impact on the population in Gaza of the conduct of Palestinian armed groups
61.
The commission examined the conduct of Palestinian armed groups in a densely
populated environment, and what measures, if any, were taken by the authorities in Gaza to
protect civilians in Gaza from the effects of the attacks conducted by Israel.
62.
The commission regrets that it was unable to verify allegations made by Israel on the
use of civilian buildings by Palestinian armed groups 51 owing to the denial by Israel of
access to Gaza; fears by Palestinian witnesses of reprisal by armed groups and local
authorities, in particular when providing information remotely; and challenges faced by
Palestinian human rights organizations in documenting alleged violations by Palestinian
armed groups.
(a)
Conducting military operations from within or near densely populated areas
63.
Palestinian armed groups allegedly often operated from densely populated
neighbourhoods, including by firing rockets, mortars and other weapons from built-up
areas. In addition, they were alleged to have frequently placed command and control
centres and firing positions in residential buildings and to have stockpiled weapons and
located tunnel entrances in prima facie civilian buildings. They also reportedly conducted
military operations within or in close proximity to sites benefiting from specific protection
under international humanitarian law, such as hospitals, shelters and places dedicated to
religion and education, including within or in the vicinity of schools operated by the United
Nations Relief and Works Agency for Palestine Refugees in the Near East. The SecretaryGeneral expressed his dismay that Palestinian militant groups would put United Nations
schools at risk by using them to hide their arms. “The three schools in which weaponry was
found were empty at the time and were not being used as shelters. However, the fact that
they were used by those involved in the fighting to store their weaponry and, in two cases,
probably to fire from is unacceptable” (S/2015/286, p. 3). Israel made specific allegations
51
Israel Ministry of Foreign Affairs (see footnote 5), “Hamas’ Violations of the Law”.
15
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