Rapporto Goldstone: E. S. Cb.: The Occupied Palestinian Territory: 18. Restriction on freedom of movement in the West Bank - §§ 92-96.

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Executive Summary
C.
b. The Occupied Palestinian Territory: the West Bank, including East Jerusalem
18.
Restrictions on freedom of movement in the West Bank

§§: 92 - 93 - 94 - 95 - 96 -

92. In the West Bank, Israel has long imposed a system of movement restrictions. Movement is restricted by a combination of physical obstacles such as roadblocks, checkpoints and the Wall, but also through administrative measures such as identity cards, permits, assigned residence, laws on family reunification, and policies on the right to enter from abroad and the right of return for refugees. Palestinians are denied access to areas expropriated for the building of the Wall and its infrastructure, for use by settlements, buffer zones, military bases and military training zones, and the roads built to connect these places. Many of these roads are “Israeli only” and forbidden for Palestinian use. Tens of thousands of Palestinians today are subject to a “travel ban” imposed by Israel, preventing them from travelling abroad. A number of witnesses and experts invited by the Mission to meet in Amman and participate in the hearings in Geneva could not meet with the Mission due to this travel ban.

93. The Mission has received reports that, during the Israeli offensive in Gaza, movement restrictions in the West Bank were tightened. Israel imposed a “closure” on the West Bank for several days. Additionally there were a greater number of checkpoints in the West Bank, including in East Jerusalem, for the duration of the operation. Most of these were so-called “flying” checkpoints. In January 2009, several areas of the West Bank between the Wall and the Green line were declared “closed military areas”.

94. During and following the operations in Gaza, Israel deepened its hold on the West Bank through an increased level of expropriation, an increased number of house demolitions, demolition orders and of permits granted for homes built in settlements, and increased exploitation of the natural resources in the West Bank. Following the operations in Gaza, Israel has amended the regulations which determine the ability of persons with “Gaza ID” to move to the West Bank, and vice versa, further entrenching the separation between the people of the West Bank and Gaza.

95. Israel’s Ministry of Housing and Planning is planning a further 73,000 settlement homes to be built in the West Bank. The building of 15,000 of these homes has already been approved, and, if all the plans are realized, the number of settlers in the occupied Palestinian territory will be doubled.

96. The Mission believes that the movement and access restrictions to which West Bank Palestinians are subject are disproportionate to any military objective served, in general, and more so in relation to the increased restrictions during and to some extent after the military operation in Gaza. In addition, the Mission is concerned about the steps taken recently to formalise the separation between Gaza and the West Bank, and as such between two parts of the OPT.

Rapporto Goldstone: E. S. Cb.: The Occupied Palestinian Territory: 17. Detention of Palestinians in Israeli prisons - §§ 86-91.

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Executive Summary
C.
b. The Occupied Palestinian Territory: the West Bank, including East Jerusalem
17.
Detention of Palestinians in Israeli prisons

§§: 86 - 87 - 88 - 89 - 90 - 91 -

86. It is estimated that since the beginning of the occupation, approximately 700,000 Palestinian men, women and children have been detained by Israel. According to estimates, as at 1st June 2009, there were approximately 8,100 Palestinian ‘political prisoners’ in detention in Israel, including 60 women and 390 children. Most of these detainees are charged or convicted by the Israeli Military Court System that operates for Palestinians in the West Bank and under which due process rights for Palestinians are severely limited. Many are held in administrative detention, and some under the Israeli “Unlawful Combatants Law”.

87. The Mission focussed on a number of issues in relation to Palestinian detainees that in its view are linked to the December-January Israeli military operations in Gaza or their context.

88. Legal measures since Israel’s disengagement from Gaza in 2005 have resulted in differential treatment for Gazan detainees. A 2006 law altered due process guarantees, and is applied only to Palestinian suspects, the overwhelming majority of whom are from Gaza according to Israeli government sources. The ICRC Family Visits Programme in the Gaza Strip was suspended in 2007, barring all means of communication between Gazan prisoners and the outside world.

89. During the Israeli military operations in Gaza, the number of children detained by Israel increased compared to the same period in 2008. Many children were reportedly arrested on the street and/or during demonstrations in the West Bank during the Gaza operations. Numbers of child detainees continued to be high in the months following the end of the operations, accompanied by reports of abuses by Israeli security forces.

90. A feature of Israel’s detention practice vis-à-vis the Palestinians since 2005 has been the arrest of persons affiliated with Hamas. A few months before the Palestinian Legislative Council (PLC) elections in 2005, Israel arrested numerous persons who had been involved in municipal or PLC elections. Following the capture by Palestinian armed groups of Israeli soldier Gilad Shalit in June 2006, the Israeli army arrested some 65 members of the PLC, Mayors and Ministers, mostly Hamas members. All were held at least two years, generally in inadequate conditions . Further arrests of Hamas leaders were conducted during the Gaza military operations. The detention of the PLC members has meant that the PLC has been unable to function and exercise its legislative and oversight function over the Palestinian executive.

91. The Mission finds that these practices have resulted in violations of international human rights and humanitarian law, including the prohibition of arbitrary detention, the right to equal protection under the law and not to be discriminated based on political beliefs and the special protections to which children are entitled. The Mission also finds that the detention of PLC members may amount to collective punishment contrary to international humanitarian law.

Rapporto Goldstone: E. S. Cb.: The Occupied Palestinian Territory: the West Bank, including East Jerusalem - § 81-85.

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Executive Summary
C.
b. The Occupied Palestinian Territory: the West Bank, including East Jerusalem

§: 81 - 82 - Cb16: 83 - 84 - 85.

81. The Mission considered developments in Gaza and the West Bank as closely interrelated, and analysed both to reach an informed understanding of and to report on issues within the Mission’s mandate.

82. The A consequence of Israel’s non-cooperation with the Mission was that the Mission was unable to visit the West Bank to investigate alleged violations of international law there. However, the Mission has received many oral and written reports and other relevant materials from Palestinian, Israeli and international human rights organizations and institutions. In addition, the Mission has met with representatives of human rights organizations, members of the Palestinian legislature and community leaders. It heard experts, witnesses and victims in the public hearings, interviewed affected individuals and witnesses and reviewed video and photographic material.

16.

Treatment of Palestinians by Israeli security forces in the West Bank, including use of excessive or lethal force during demonstrations

83. The Various witnesses and experts informed the Mission of a sharp increase in the use of force by the Israeli security forces against Palestinians in the West Bank from the commencement of the Israeli operations in Gaza (Chapter XIX). A number of protestors were killed by Israeli forces during Palestinian demonstrations, including in support of the Gaza population under attack, following the beginning of the operations, and scores were injured. The level of violence employed in the West Bank during the time of the operation in Gaza, was sustained also after the
end of the operation.

84. The Of particular concern to the Mission were allegations of the use of unnecessary, lethal force by Israeli security forces, the use of live ammunitions, and the provision in the Israeli armed forces “open fire regulations” of different rules to deal with disturbances where only Palestinians are present, as compared to disturbances where Israelis are present. This raises serious concern with regard to discriminatory policies vis-à-vis Palestinians. Eye-witnesses also reported to the Mission the use of sniper fire in the context of crowd control. Witnesses spoke of the markedly different atmosphere they encountered in the confrontation with the soldiers and border police during demonstrations in which all checks and balances had been removed. Several witnesses told the Mission that during the operation in Gaza, the sense in the West Bank was one of a “free
for all”, where anything was permitted.

85. The Little if any action is taken by Israeli authorities to investigate, prosecute and punish violence against Palestinians by settlers and members of security forces, including killings, resulting in a situation of impunity. The Mission concludes that Israel has failed to fulfil its obligations to protect the Palestinians from violence by private individuals under both international human rights law and international humanitarian law.

Rapporto Goldstone: Executive Summary Ca.: 15. Internal violence and targeting of Fathe affiliates by security services under the control of the Gaza authorities. - § 79-80

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Executive Summary
C.
a. Facts investigated by the Mission, factual and legal findings
15.
Internal violence and targeting of Fateh affiliates by security services under the control of the Gaza authorities

§§: 79 - 80 - Le illustrazioni sono liberamente attinte dalla rete e possono essere modificate o annullate in qualsiasi momento, ove ciò appaia opportuno. Chi vuole subito tutto il testo originale del rapporto deve cliccare sopra su pdf. Un indice analitico dei §§ lo si trova qui.

79. The Mission obtained information about violence against political opponents by the security services that report to the Gaza authorities. These included killing of a number of Gaza residents between the beginning of the Israeli military operations and 27 February. Among these were some detainees who had been at al-Saraya detention facility on 28 December, and who had fled following the Israeli aerial attack. Not all those killed after escaping detention were Fatah affiliates, detained for political reasons, or charged with collaborating with the enemy. Some of the escapees had been convicted of serious crimes, such as drug-dealing or murder, and had been sentenced to death. The Mission was informed that the movement of many Fatah members was restricted during Israel’s military operations in Gaza and that many were put under house arrest. According to the Gaza authorities, arrests were made only after the end of the Israeli military operations and only in relation to criminal acts and to restore public order.

80. The Mission gathered first-hand information on five cases of Fatah affiliates detained, killed or subject to physical abuse by members of security forces or armed groups in Gaza. In most cases those abducted from their homes or otherwise detained were reportedly not accused of offences related to specific incidents, but rather targeted because of their political affiliation. When charges were laid, these were always linked to suspected political activities. The testimonies of witnesses and the reports provided by international and domestic human rights organizations bear striking similarities and indicate that these attacks were not randomly executed, but constituted part of a pattern of organized violence directed mainly against Fatah affiliates and supporters. The Mission finds that such actions constitute serious violations of human rights and are not consistent with either the Universal Declaration of Human Rights or the Palestinian Basic Law.

Rapporto Goldstone: Executive Summary Ca.: 14. The continuing detention of Israeli Giald Shalit - § 76-78

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Executive Summary
C.
a. Facts investigated by the Mission, factual and legal findings
14.
The continuing detention of Israeli soldier Gilad Shalit

§§: 76 - 77 - 78 - Le illustrazioni sono liberamente attinte dalla rete e possono essere modificate o annullate in qualsiasi momento, ove ciò appaia opportuno. Chi vuole subito tutto il testo originale del rapporto deve cliccare sopra su pdf. Un indice analitico dei §§ lo si trova qui.

76. The Mission notes the continued detention of Gilad Shalit, a member of the Israeli armed forces, captured in 2006 by a Palestinian armed group. In reaction to his capture, the Israeli Government ordered a number of attacks against infrastructure in the Gaza Strip and Palestinian Authority offices as well as the arrest of eight Palestinian Government ministers and 26 members of the Palestinian Legislative Council. The Mission heard testimonies indicating that during the military operations of December 2008 – January 2009, Israeli soldiers questioned captured Palestinians about the whereabouts of Gilad Shalit. Gilad Shalit’s father, Noam Shalit, appeared before the Mission at the public hearing held in Geneva on 6 July 2009.

77. The Mission is of the opinion that, as a soldier who belongs to the Israeli armed forces and who was captured during an enemy incursion into Israel, Gilad Shalit meets the requirements for prisoner-of-war status under the Third Geneva Convention. As such, he should be protected, treated humanely and be allowed external communication as appropriate according to that Convention. The ICRC should be allowed to visit him without delay. Information about his condition should also be provided promptly to his family.

78. The Mission is concerned by declarations made by various Israeli officials, who have indicated the intention of maintaining the blockade of the Gaza Strip until the release of Gilad Shalit. The Mission is of the opinion that this would constitute collective punishment of the civilian population of the Gaza Strip.

Rapporto Goldstone: E. S. Ca.: 13. The impact of the military operations and the blockade on the Gaza population and their human rights - § 65-75

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Executive Summary
C.
a. Facts investigated by the Mission, factual and legal findings
13.
The impact of the military operations and the blockade on the Gaza population and their human rights

§§: 65 - 66 - 67 - 68 - 69 - 70 - 71 - 72 - 73 - 74 - 75 - Le illustrazioni sono liberamente attinte dalla rete e possono essere modificate o annullate in qualsiasi momento, ove ciò appaia opportuno. Chi vuole subito tutto il testo originale del rapporto deve cliccare sopra su pdf. Un indice analitico dei §§ lo si trova qui.

65. The Mission examined the combined impact of the military operations and of the blockade on the Gaza population and its enjoyment of human rights. The economy, employment opportunities and family livelihoods were already severely affected by the blockade when the Israeli offensive began. Insufficient supply of fuel for electricity generation had a negative impact on industrial activity, on the operation of hospitals, on water supply to households and on sewage treatment. Import restrictions and the ban on all exports from Gaza affected the industrial sector and agricultural production. Unemployment levels and the percentage of the population living in poverty and deep poverty were rising.

66. In this precarious situation, the military operations destroyed a substantial part of the economic infrastructure. As a large part of the factories were targeted and destroyed or damaged, poverty, unemployment and food insecurity further increased dramatically. The agricultural sector similarly suffered due to the destruction of agricultural land, water wells and fishing boats during the military operations. The continuation of the blockade impedes the reconstruction of the economic infrastructure destroyed.

67. As a result of the razing of farmland and destruction of greenhouses, food insecurity is expected to further worsen in spite of the increased quantities of food items allowed into Gaza since the beginning of the military operations. Dependence on food assistance increases. Levels of stunting and thinness in children and of anaemia prevalence in children and pregnant women were worrying already before the military operations. The hardship caused by the extensive destruction of shelter (UNDP reported 3,354 houses completely destroyed and 11,112 partially damaged) and resulting displacement particularly affects children and women. In the water and sanitation sector, the destruction of infrastructure (such as the destruction of the Namar wells and the attack against the water treatment plant described in Chapter XIII), aggravated the preexisting situation. Already before the military operations, 80 percent of the water supplied in Gaza did not meet the WHO’s standards for drinking water. The discharge of untreated or partially treated waste water into the sea is a further health hazard worsened by the military operations.

68. The military operations and resulting casualties subjected the beleaguered Gaza health sector to additional strain. Hospitals and ambulances were targeted by Israeli attacks. Patients with chronic health conditions could not be given priority in hospitals faced with the influx of patients with life-threatening injuries. Patients with hostilities-related injuries had often to be discharged as early as possible to free beds. The long term health impact of these early discharges, as well as of weapons containing substances such as tungsten and white phosphorous, remains a source of concern. While the exact number of people who will suffer permanent disabilities is still unknown, the Mission understands that many persons who sustained traumatic injuries during the conflict still face the risk of permanent disability due to complications and inadequate follow-up and physical rehabilitation.

69. The number of persons suffering from mental health problems is also bound to increase. The Mission investigated a number of incidents in which adults and children witnessed the killing of their loved ones. Doctors of the Gaza Community Mental Health Programme gave information to the Mission on psychosomatic disorders, on a widespread state of alienation in the population, and on “numbness” as a result of severe loss. They told the Mission that these conditions were likely to in turn increase the readiness to embrace violence and extremism. They also told the Mission that 20 percent of children in the Gaza Strip suffer Post Traumatic Stress Disorders.

70. Children’s learning difficulties of psychological origin are compounded by the impact of the blockade and the military operations on the education infrastructure. 280 schools and kindergartens were destroyed in a situation in which already restrictions on the importation of construction materials meant that many school buildings were in serious need of repair.

71. The Mission’s attention was also drawn to the particular manner in which women were affected by the military operations. The cases of women interviewed by the Mission in Gaza dramatically illustrate the suffering resulting from the feeling of inability to provide children with the care and security they need. Women’s responsibility for the household and the children often forces them to conceal their own sufferings, resulting in their issues remaining unaddressed. The number of women who are sole breadwinners increased, but their employment opportunities remain significantly inferior to men’s. The military operations and increased poverty add to the potential for conflicts in the family and among widowed women and their inlaws.

72. The Mission acknowledges that the supply of humanitarian goods, particularly foodstuffs, allowed into Gaza by Israel temporarily increased during the military operations. The level of goods allowed into Gaza before the military operations, however, was insufficient to meet the needs of the population even before hostilities started, and has again decreased after the end of the military operations. From the facts ascertained by it, 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. 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.

Rapporto Goldstone: Executive Summary Ca.: 12. Objectives and strategy of Israeli’s military operations in Gaza - § 61-64

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Executive Summary
C.
a. Facts investigated by the Mission, factual and legal findings
12.
Objectives and strategy of Israeli’s military operations in Gaza

§§: 61 - 62 - 63 - 64 - Le illustrazioni sono liberamente attinte dalla rete e possono essere modificate o annullate in qualsiasi momento, ove ciò appaia opportuno. Chi vuole subito tutto il testo originale del rapporto deve cliccare sopra su pdf. Un indice analitico dei §§ lo si trova qui.

61. The Mission reviewed available information on the planning of the Israeli military operations in Gaza, on the advanced military technology available to the Israeli forces and on their training in international humanitarian law (Chapter XVI). According to official Government information, the Israeli armed forces have an elaborate legal advice and training system in place, which seeks to ensure knowledge of the relevant legal obligations and support to commanders for compliance in the field. The Israeli armed forces possess very advanced hardware and are also a market leader in the production of some of the most advanced pieces of military technology available, including UAVs. They have a very significant capacity for precision strikes by a variety of methods, including aerial and ground launches. Taking into account the ability to plan, the means to execute plans with the most developed technology available, and statements by the Israeli military that almost no errors occurred, the Mission finds that the incidents and patterns of events considered in the report are the result of deliberate planning and policy decisions.

62. The tactics used by Israeli military armed forces in the Gaza offensive are consistent with previous practices, most recently during the Lebanon war in 2006. A concept known as the Dahiya doctrine emerged then, involving the application of disproportionate force and the causing of great damage and destruction to civilian property and infrastructure, and suffering to civilian populations. The Mission concludes from a review of the facts on the ground that it witnessed for itself that what was prescribed as the best strategy appears to have been precisely what was put into practice.

Links:
1. La strategia della Dahiya.

63. In the framing of Israeli military objectives with regard to the Gaza operations, the concept of Hamas’ “supporting infrastructure” is particularly worrying as it appears to transform civilians and civilian objects into legitimate targets. Statements by Israeli political and military leaders prior to and during the military operations in Gaza indicate that the Israeli military conception of what was necessary in a war with Hamas viewed disproportionate destruction and creating the maximum disruption in the lives of many people as a legitimate means to achieve not only military but also political goals.

64. Statements by Israeli leaders to the effect that the destruction of civilian objects would be justified as a response to rocket attacks (“destroy 100 homes for every rocket fired”), indicate the possibility of resort to reprisals. The Mission is of the view that reprisals against civilians in armed hostilities are contrary to international humanitarian law.