Chapter

An assessment of the Gaza report's contribution to the development of international humanitarian law

Susan Breau

Protecting civilians during violent conflict : theoretical and practical issues for the 21st century

Farnham ; Burlington : Ashgate, 2012

p. 271-292

English

Breau examines the criticisms of the UN Fact-Finding Mission and subsequent report that have dogged it since its inception, and finds that there is much to commend in the report. Considering the charges of bias against the mission, and despite the criticisms of Israel made by one of its members, she argues that the report was not biased against Israel. She concedes that improvements might have been made to the mission's methodology, particularly in allowing closed-session interviews of Palestinian witnesses, but argues that this does not introduce a fatal flaw into the report ; rather, the mission's ability to produce findings was made far more difficult by Israel's refusal to cooperate. But, above all, and particularly in respect of humanitarian law regarding blockades, targeting and weaponry, Breau argues that the report helps to advance and clarify the laws applicable to armed conflict.

• Protecting civilians during violent conflict : theoretical and practical issues for the 21st century / ed. by David W. Lovell, Igor Primoratz