SherriMunnerlyn
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- Jun 11, 2012
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Summary In the present report, while noting the continuing non-cooperation of Israel, the Special Rapporteur addresses Israel‟s Operation “Pillar of Defense” and the general human rights situation in the Gaza Strip, as well as the expansion of Israeli settlements – and businesses that profit from Israeli settlements and the situation of Palestinians detained by Israel.
Here is part of one paragraph of what this over 50 page report has to say about Operation Pillar of Defense, after the Special Rapporteur addresses the fact that Israel still has responsibilities as an Occupier in Gaza. The issue raised by the attacks in Operation Pillar Of Defense and discussed is that they constituted unlawful attacks on civilians under international law, the Special Rapporteur in subsequent comments in Paragraph 13, after those quoted below, calls the attacks collective punishment.
13. The Special Rapporteur visited the destroyed residence of the Al Dalou family, which lost ten family members, including four young children during the attack. Jamel Mahmoud Yassin Al Dalou, the surviving grandfather to 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 said 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 received in my life. I rushed home to find many working to remove the rubble of the destroyed house.” Finding 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 am sleeping 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. It was the same essential story told by other victims and survivors of the attacks with whom the Special Rapporteur spoke. From an IHL perspective, 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 increased accuracy creates a 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 damage to civilians far outweighs the direct damage inflicted on legally acceptable targets. The Special Rapporteur was informed by several Gazans that rockets were neither stored nor fired from residential districts, but were stored underground and launched from open spaces. The Special Rapporteur was briefed by United Nations officials and civil society representatives who had observed and investigated compliance with human rights and international humanitarian law during Pillar of Defense. The concerns noted above were affirmed and our attention was called to other important issues.
http://reliefweb.int/report/occupie...pporteur-situation-human-rights-palestinian-7
http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A-HRC-23 -21_en.pdf
Sherri
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