A/HRC/10/27
page 3
6.
The humanitarian and human rights situation was already critical in Gaza prior to the
commencement of Operation Cast Lead, owing to the blockade applied by Israel for the previous
19 months to the Gaza Strip, which had brought Gazan society to the brink of collapse, with
widespread erosion of livelihoods and the breakdown of infrastructure and essential services.2
III. IMPLEMENTATION OF RECOMMENDATIONS
7.
The recommendations of the high-level mission can be grouped into three categories:
protection of the human rights of civilians; remedies and redress for victims and survivors; and
accountability and the rule of law.
A. Protection of the human rights of civilians
8.
The mission recommended that, with regard to the protection of the human rights of
civilians, the people of Gaza be afforded protection in compliance with international law, above
all the Fourth Geneva Convention; the Israeli military place at the centre of its decision-making
and activities the consequences of the use of force on civilians; the firing of rockets on the
civilian population in Israel be ceased; and the issue of the ongoing closure of the Gaza Strip be
addressed.
9.
The above-mentioned recommendations have not been implemented, as evidenced,
inter alia, by the Israeli military incursion into the Gaza Strip in November, which killed six
Palestinians; the subsequent escalation of tensions, with Palestinian militants firing rockets into
Southern Israel; and the recent Israeli military offensive in the Gaza Strip on 27 December 2008
during which over 6,700 Palestinians were killed or injured. Indeed, many of the victims of the
Beit Hanoun shelling were re-victimized as a result of Operation Cast Lead; for example, a
member of the Al-Athamna family, who lost 18 family members in the 2006 Beit Hanoun
shelling, moved to Izbet Abed Raboo after his house sustained damages in the Beit Hanoun
shelling because of concerns for the safety of his family, only to see the new house he had built
for his family in Izbet Abed Raboo destroyed during Operation Cast Lead.
10. As at January 2009, the Israeli blockade of the Gaza Strip has not yet been lifted. Israel
continues to restrict the flow of goods and supplies into the Gaza Strip, including humanitarian
supplies and fuel. In brief, since Israel imposed the closure of Gaza in June 2007, the Karni
crossing, the largest commercial crossing, has been completely closed; all exports and most
industrial and non-humanitarian imports have been suspended and the amount of fuel allowed
entry has been severely restricted; a ban on the movement of Palestinians through Erez, the sole
passenger crossing with Israel and the West Bank, has been introduced (except for emergency
medical and humanitarian cases); the Rafah terminal, the only passenger crossing into Egypt, has
been almost totally closed; and the sea area accessible to Palestinian fishermen has been further
reduced.
2
The United Nations High Commissioner for Human Rights will report more extensively on the
human rights situation in Gaza prior to, during and subsequent to Operation Cast Lead in her
report to the Human Rights Council requested by the Council in its resolution S-9.
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