...Attacks on the foundations of civilian life in Gaza: destruction of industrial
infrastructure, food production, water installations, sewage treatment and housing
50. The Mission investigated several incidents involving the destruction of industrial
infrastructure, food production, water installations, sewage treatment and housing (Chapter
XIII). Already at the beginning of the military operations, the Al 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 in terms of
its 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 for the purposes of denying
sustenance to the civilian population, which is a
violation of customary international law and
A/HRC/12/48
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may constitute a war crime. The strike on the flour mill further constitutes a violation of human
rights provisions regarding the right to adequate food and means of subsistence.
51. The chicken farms of Mr. Sameh Sawafeary in the Zeitoun neighbourhood south of Gaza
City reportedly supplied over 10 per cent of the Gaza egg market. Armoured bulldozers of the
Israeli 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 that this was
a deliberate act of wanton destruction not justified by any military necessity and draws the same
legal conclusions as in the case of the destruction of the flour mill.
52. Israeli forces also carried out a strike against a wall of one of the raw sewage lagoons of the
Gaza Waste Water Treatment Plant, which caused the outflow of more than 200,000 cubic
metres of raw sewage into neighbouring farmland. The circumstances of the strike on the lagoon
suggest that it was
deliberate and premeditated. The Namar Wells complex in Jabalya consisted
of two water wells, pumping machines, a generator, fuel storage, a reservoir chlorination unit,
buildings and related equipment. All were destroyed by multiple air strikes on the first day of the
Israeli aerial attack. The Mission considers it unlikely that a target the size of the Namar Wells
could have been hit by multiple strikes in error. It found no grounds to suggest that there was any
military advantage to be had by hitting the wells and noted that there was no suggestion that
Palestinian armed groups had used the wells for any purpose. Considering that
the right to
drinking water is part of the right to adequate food, the Mission makes the same legal findings as
in the case of the Al Bader flour mill.
53. During its visits to the Gaza Strip, the Mission witnessed the extent of the destruction of
residential housing caused by air strikes, mortar and artillery shelling, missile strikes, the
operation of bulldozers and demolition charges. In some cases, residential neighbourhoods were
subjected to air-launched bombing and to intensive shelling apparently in the context of the
advance of Israeli ground forces. In other cases, the facts gathered by the Mission strongly
suggest that the destruction of housing was carried out in the absence of any link to combat
engagements with Palestinian armed groups or any other effective contribution to military action.
Combining the results of its own fact finding on the ground with UNOSAT imagery and the
published testimonies of Israeli soldiers, the Mission concludes that, in addition to the extensive
destruction of housing for so-called “operational necessity” during their advance, the Israeli
A/HRC/12/48
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forces engaged in another wave of systematic destruction of civilian buildings during the last
three days of their presence in Gaza, aware of the imminence of withdrawal. The conduct of the
Israeli forces in this respect violated the principle of distinction between civilian and military
objects and amounted to the grave breach of “extensive destruction … of property, not justified
by military necessity and carried out unlawfully and wantonly”. Israeli forces further violated the
right to adequate housing of the families concerned.
54. The attacks on industrial facilities, food production and water infrastructure investigated by
the Mission are part of a broader pattern of destruction, which includes the destruction of the
only cement packaging plant in Gaza (the Atta Abu Jubbah plant), the Abu Eida factories for
ready-mix concrete, further chicken farms and the Al Wadia Group’s foods and drinks factories.
The facts ascertained by the Mission indicate that there was a deliberate and systematic policy on
the part of the Israeli armed forces to target industrial sites and water installations.
10.
The use of Palestinian civilians as human shields
55. The Mission investigated four incidents in which Israeli forces coerced Palestinian civilian
men at gun point to take part in house searches during the military operations (Chapter XIV).
The Palestinian men were blindfolded and handcuffed as they were forced to enter houses ahead
of the Israeli soldiers. In one of the incidents, Israeli forces repeatedly forced a man to enter a
house in which Palestinian combatants were hiding. Published testimonies of Israeli soldiers who
took part in the military operations confirm the continued use of this practice, in spite of clear
orders from Israel’s High Court to the armed forces to put an end to it and repeated public
assurances from the armed forces that the practice had been discontinued. The Mission
concludes that
this practice amounts to the use of Palestinian civilians as human shields and is
therefore prohibited by international humanitarian law. It puts the right to life of the civilians at
risk in an arbitrary and unlawful manner and constitutes cruel and inhuman treatment.
The use of
human shields also is a war crime. The Palestinian men used as human shields were questioned
under threat of death or injury to extract information about Hamas, Palestinian combatants and
tunnels.
This constitutes a further violation of international humanitarian law....
...the Mission believes that Israel has
violated its obligation to allow free passage of all consignments of medical and hospital objects,
food and clothing (article 23 of the Fourth Geneva Convention). The Mission also finds that
Israel violated specific obligations it has as Occupying Power spelled out in the Fourth Geneva
Convention, such as the duty to maintain medical and hospital establishments and services and to
agree to relief schemes if the occupied territory is not well supplied.
73.
The Mission also concludes that in the destruction by Israeli armed forces of private
residential houses, water wells, water tanks, agricultural land and greenhouses there was a
specific purpose of denying them for their sustenance to the population of the Gaza Strip. The
Mission finds that Israel violated its duty to respect the right of the Gaza population to an
adequate standard of living, including access to adequate food, water and housing. The Mission
moreover finds violations of specific human rights provisions protecting the rights of children,
particularly those who are victims of armed conflict, women and the disabled.
74. The conditions of life in Gaza, resulting from deliberate actions of the Israeli forces and the
declared policies of the Government of Israel – as they were presented by its authorized and
legitimate representatives - with regard to the Gaza Strip before, during and after the military
operation, cumulatively indicate the intention to inflict collective punishment on the people of
the Gaza Strip in
violation of international humanitarian law.
75. Finally, the Mission considered whether the series of acts that deprive Palestinians in the
Gaza Strip of their means of sustenance, employment, housing and water, that deny their
freedom of movement and their right to leave and enter their own country, that limit their access
a court of law and an effective remedy, could amount to
persecution, a crime against humanity.
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From the facts available to it, the Mission is of the view that some of the actions of the
Government of Israel might justify a competent court finding that
crimes against humanity have
been committed....
http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/docs/UNFFMGC_Report.pdf