Concerns about violations of international humanitarian law in the conduct of hostilities

Effective investigations and accountability are urgently needed

The hostilities that took place between 7 July and 26 August 2014 can be broken down into three phases: a period of air, land and naval strikes between 7 and 17 July; a ground operation by Israeli forces entering the Gaza Strip from 18 July to 5 August, accompanied by continuing airstrikes; and a period of alternating ceasefires and military strikes until an indefinite ceasefire came into effect on 26 August.

During the entire period, 5,830 missiles were used in 4,028 air raids, plus 16,507 artillery and tank projectiles and 3,494 naval shells were fired at targets in the Gaza Strip. During the same period, Palestinian armed groups fired 4,844 rockets and 1,734 mortars at Israel, at least 243 of which were intercepted by the Iron Dome anti-missile defence system.[1] At least 31 more fell short and landed in Gaza.

Based on initial information collected on the conduct of hostilities, a number of concerns arise about potential lack of compliance with international law, including humanitarian law (IHL) and international human rights law, by all parties to the conflict, and which warrants prompt, thorough, effective, impartial, independent and transparent investigations. Accountability must be sought for violations of international law, including justice and remedies for victims.

Issues related to the conduct of hostilities by Israeli forces include the possible lack of adherence to key principles of IHL, such as the principles of distinction, proportionality and precaution in attacks. Concerns include the possible targeting of civilians; attacks on schools, including those used as IDP shelters, hospitals, ambulances and ambulance staff; possible indiscriminate attacks impacting the civilian population and civilian objects, especially during the ground operation; and allegations of the use of Palestinians as human shields. Of particular concern are instances in which UNRWA schools designated as emergency shelters for displaced Palestinians were hit directly or indirectly in disregard of the inviolability of UN premises stipulated in international law, killing a total of 45 Palestinians, including 17 children.[2]

Palestinian armed groups fired large numbers of projectiles at Israel, with most attacks appearing to be indiscriminate in nature. There have been reports of Palestinian armed groups locating military objects in populated areas, including the placing of weapons in UNRWA schools in breach of the inviolability of UN premises and international humanitarian law.

Israeli authorities have alleged that armed groups used hospitals and ambulances for military purposes; located tunnels used for military purposes under civilian objects; and that the Palestinian population were used as human shields. In addition, there is evidence of the extrajudicial execution of suspected collaborators with Israel and alleged restrictions on the movement of Fatah members and violations of their physical integrity.

* This article contains contributions from the Office of the High Commissioner for Human Rights[3]