‘foreign’ entity that poses an external threat to its national security.136 As an
occupying power, moreover, Israel has the obligation to ensure the wellbeing
of the population under occupation and maintain public order and safety.137
The 2009 UN Fact-Finding Mission on the Gaza Conflict (Goldstone Report),
regarding the 2008-09 war on the Gaza Strip, concluded that; “The expected
impact, and the Mission believes primary purpose [of Operation Cast Lead],138
was to bring about a situation in which the civilian population would find life
so intolerable that they would leave (if that were possible) or turn Hamas out
of office, as well as to collectively punish the civilian population.” 139
In the case of the attacks suffered by the civilian population during the three
wars, and considering the large number of civilians killed and injured, it could
be concluded that the civilian population of the Gaza Strip was the primary
target of the attack.140 According to international law, in order to affirm an
attack was directed against a civilian population it is not necessary for an
entire population to be targeted, but rather to prove that individuals were
targeted in a way that demonstrates the attack was in fact directed to the
general population and not a small, specific, and purposefully selected group
of individuals.141
In the 2014 war on the Gaza Strip, 2,251 Palestinians were killed by Israel, 551 of
which were children.142 Moreover, 11,231 Palestinians were injured, including
3,436 children.143 From those injured, 899 were permanently disabled by the
injuries.144 Regarding material damage, over 11,000 Palestinian homes were
destroyed by the war and 6,800 were severely damaged, resulting in a total
136 Noura Erakat, No, Israel does not have the right to self-defense in international law against occupied
Palestinian territory, op. cit., 5 December 2012
137 The 1907 Hague Regulation, Article 43
138 Operation Cast Lead is the military title given to the 2008-2009 Israeli war on the Gaza Strip
139 UN Human Rights Council, Report of the United Nations Fact-Finding Mission on the Gaza Conflict, A/
HRC/12/48, 25 September 2009, paragraph 1208
140 International Criminal Tribunal for the former Yugoslavia (ICTY), Prosecutor v Kunarac et al, Case
No. IT-96-23 & IT-96-23/1-A, "Appeals Chamber Judgment", 12 June 2002, paras. 91-92; affirmed
in: International Criminal Court (ICC), The Prosecutor v Jean-Pierre Bemba Gombo, 15 June 2009,
Decision Pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor
Against Jean-Pierre Bemba Gombo, para. 76
141 ICTY, ibid, para.90
142 OCHA oPt, Key figures on the 2014 hostilities, Data featured in the Report of the Independent
Commission of Inquiry on the 2014 Gaza Conflict, June 2015. Available at: http://gaza.ochaopt.
org/2015/06/key-figures-on-the-2014-hostilities/
143 Ibid.
144 Email update requested from Dr. Mohammed Al Kashif, Director General for International
Cooperation, Ministry of Health in Gaza, provided on 23 December 2014. Ministerial Committee for
the Reconstruction of Gaza, Detailed Needs Assessment (DNA) and Recovery Framework for Gaza
Reconstruction, August 2015. Available at: http://www.lacs.ps/documentsShow.aspx?ATT_ID=21974
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