On 5 May 2009, Al Dameer Association for Human Rights issued a special report on the outcome of the Israeli offensive on the Gaza Strip. The report followed day by day the Israeli offensive against the civilian premises and cultural properties in the Gaza Strip. The report was divided into two main parts, an introduction, conclusion and two annexes.

The first part of the report dealt with the legal status of the civilian and the cultural premises in the occupied territories.   Civilians and civilian objects must be spared the effects of any hostilities to the greatest extent possible. This is the core premise on which International Humanitarian Law (IHL) is founded  ,particularly, the Protection of Civilian Persons in Time of War, and the Additional Protocol I of 1977 of the four Geneva Conventions and the Hague Convention for the Protection of Cultural Property in 1954. The offensive took place in the context of an ongoing international armed conflict and belligerent occupation. International humanitarian law (IHL) lays down stringent, legally-binding, obligations regulating the conduct of hostilities. Of primary relevance is the principle of distinction, which obliges all Parties to the conflict to distinguish between combatants and non-combatants (including civilians). IHL also regulates the methods and means used in an attack. In short, all precautions must be taken to restrict any damage and destruction beyond that absolutely required by military necessity.

The second part of the report dealt with monitoring and documenting the Israeli crimes day by day against the civilian premises and cultural properties during its latest offensive on the Gaza Strip. Al Dameer investigations reveal that throughout the course of the assault, Israeli Occupation Forces (IOF) used excessive, indiscriminate force, in violation of the principle of distinction that violates the right to life and from the other hand it constitutes a clear violation to the general and special protection granted to civilian objects.

It is noteworthy that the second part has reached that the Israeli offensive launched on the Gaza Strip between 27 December 2008 and 18 January 2009 resulted in severe destruction throughout the Gaza Strip. These results reflect the relative truth of what had happened from crimes against civilian objects and cultural property in the Gaza Strip during the period of aggression. These results was according to Al Dameer campaign in documenting with details the implications of the IOF's operations on life and property in the Gaza Strip

The results of documentation and monitoring, which was based on the remarks of citizens affected by the offensive showed that:

1- IOF has destroyed 2011 civilian and cultural premises throughout the Gaza Strip during its latest offensive, including 1404 houses were destroyed completely and 453 partially. In addition to damage in 11 schools and 37 mosques were destroyed completely. Moreover, 25 institutions and public facilities have been destroyed completely.  21 civil and private facilities and 55 security buildings and police stations were destroyed completely. Finally, five wedding halls have been destroyed completely.

2- According to the previous result and according to  the statistical sources that determine the arithmetic average of all buildings in the Gaza Strip , which consists of four houses that makes the total output of all houses that were destroyed completely or partially were 8044 houses that became uninhabitable.

3- The most wide-scale destruction by IOF during the reported offensive took place in GazaCity, where 781 cases of destruction were documented. Northern Gaza comes in the second rank, where 707 cases of destruction to civil and cultural premises were documented. In the third rank come Khan Younis and Rafah, where 404 cases of destruction were documented. In the last rank comes the middle governorate that documented 119 civil and cultural premises were documented during the latest Israeli offensive in the Gaza Strip.   

4-     In Northern Gaza Strip

·      IOF has destroyed 707 houses, at least another 203 houses have been rendered uninhabitable, and 446 houses have been heavily damaged.

·      IOF has destroyed six educational institutions completely or partially.

·      IOF has destroyed nine mosques.

·      IOF has destroyed three institutions and public facilities.

·      IOF has destroyed private and civil facilities.

·      IOF has destroyed two wedding halls completely. 

5-In Gaza City 

·      IOF has destroyed 781 houses, 172 houses have been partially destroyed and 553 were heavily damaged.

·      IOF has damaged two schools.

·      IOF has destroyed 17 mosques completely.

·      IOF has destroyed nine private and public facilities.

·      IOF has destroyed 11 institutions and private enterprises completely.

·      IOF has destroyed 15 security buildings and police stations.

·      IOF has destroyed two wedding halls.

6- In Central Gaza Strip

·      IOF has destroyed 119 houses, including 90 were heavily damaged and 13 houses have been partially destroyed.

·      IOF has destroyed two mosques completely.

·      IOF has destroyed three public facilities completely.

·      IOF has destroyed one institution and civil and private enterprise completely.

·      IOF has destroyed ten security buildings and police stations.

7-In Khan Younis and Rafah

·      IOF has destroyed 404 houses, 65 of these houses have been partially destroyed and 295 were heavily damaged. 

·      IOF has destroyed three educational institutions completely or partially.

·      IOF has destroyed nine mosques.

·      IOF has destroyed ten public and private facilities.

·      IOF has destroyed two institutions and a private and civil enterprise.

·      IOF has destroyed 20 security buildings and police stations and a wedding hall.

8- The findings of the report monitored the degree of inequality in targeting the civil premises and the cultural properties during the latest Israeli offensive. on 5 January 2009 ”the tenth day of the aggression” recorded the highest escalation in the number of violations , as 244 Civilian Property and facilities have been destroyed , while on 30 December 2009,   "the fifth day of the aggression" recorded less number of violations , as ten Civilian Property and facilities have been destroyed 

9- According to the above mentioned results, the tenth day of the aggression "on 5 January 2009" recorded the highest percentage in the number of violations by 12.13%, while the fifth day of the aggression "on 31 December  2008  recorded the lowest percentage in the number of violations by 0.49%.

The IOF offensive on the Gaza Strip showed that the IOF has launched its war on the Gaza Strip with total disregard for international humanitarian standards and humanitarian law. The extensive destruction to public and private property are clear evidence that IOF, instructed by the Israeli political and military establishments, intend to cause maximum destruction to civilian  property, mosques and houses. Therefore, these violations can be considered as war crimes under The Rome Statute of the International Criminal Court

According to what was mentioned in the report from facts and results, and due to the international silence, which encourages Israel to commit more crimes and violations against the civilian and cultural premises in the Gaza Strip, Al Dameer calls for the following:

·      International community, particularly the High Contracting Parties to the Fourth Geneva Convention of 1949 to ensure the legal protection granted to the civilian premises and cultural properties and to uphold its legal and moral obligations towards the Palestinian civilians and their property in the Gaza Strip.

·      United Nations, particularly, the international Security Council to   adopt resolution to establish an international criminal court To prosecute all political and military officials who are accused of committing war crimes against Palestinian civilians and their property.

·      Al Dameer demands all the humanity advocates , particularly, lawyers  in various parts of the world to provide legal and international judicial assistance to the victims of the Israeli violations, in order to prosecute the military commanders and Israeli civilians before the national courts of criminal jurisdiction, to effectuate the principle of international criminal jurisdiction of national courts.

·      Al Dameer calls upon the Palestinian National Authority (PNA) and all the regional organizations, particularly, the League of the Arab States  to establish  effective international investigation into crimes committed by IOF against Palestinian civilians, and Israel’s conduct of hostilities.  Also, they must enact appropriate legislation to ensure that such persons may be tried in national courts, in accordance with the principle of universal jurisdiction.  Also, Al Dameer calls them to provide aid and to   allow the reconstruction material to enter into the Gaza Strip to ease the reconstruction efforts.

·      Finally, Al Dameer Association for Human Rights calls on all the humanitarian organizations to facilitate unrestricted humanitarian access, in an attempt to rebuild the Palestinian civilian’s lives and to recover from the devastation wreaked on the Gaza Strip.

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ALDAMEER ASSOCIATION FOR HUMAN RIGHTS\GAZA