Informing humanitarians worldwide 24/7 — a service provided by UN OCHA

oPt

Israel/Gaza conflict, July 2014

Attachments

AMNESTY INTERNATIONAL
QUESTIONS & ANSWERS

What does Amnesty International think of the resolution passed by the UN Human Rights Council on 23 July? What should happen next?

Amnesty International welcomes resolution S-21/1 to establish a commission of inquiry and notes that the wording allows the commission to investigate violations of international law by all parties to the current conflict. The commission of inquiry represents an important opportunity to break the cycle of persistent impunity for crimes under international law in Israel and the Occupied Palestinian Territories (OPT). In order to be effective the commission of inquiry must be thorough, independent and impartial, and look into violations by any party to the conflict. It must be adequately resourced and have unrestricted access to all relevant areas. Amnesty International urges all states – including all EU member states, who abstained on the resolution – to co-operate with the commission as required.

What are the key obligations of the parties to the conflict during the hostilities under international humanitarian law?

During an armed conflict, all parties – whether state or non-state armed forces – must respect international humanitarian law, which aims to protect civilians by regulating the conduct of all sides in hostilities. States also continue to have an obligation to respect international human rights law during a conflict.

Under international humanitarian law, all sides in an armed conflict must distinguish between military targets and civilians and civilian structures, and direct attacks only at the former. Deliberate attacks on civilians or civilian objects – such as homes, medical facilities, schools, governmental buildings – that are not being used for military purposes are prohibited and are war crimes. Indiscriminate and disproportionate attacks (where the likely number of civilian casualties or damage to civilian property outweighs the anticipated military advantage to be gained) are also prohibited.

All sides must take necessary precautions in attack to minimize harm to civilians and civilian objects. This includes giving civilians effective warnings ahead of attacks, and cancelling or suspending an attack if it becomes apparent that the target is civilian or that the attack would be disproportionate. They also must take all feasible precautions to protect civilians under their control from the effects of attacks. For example, warring parties should avoid endangering civilians by storing ammunition in, and launching attacks from, populated civilian areas.