First, the Commission finds that the killing and maiming of children through air strikes and direct targeting indicate a clear pattern where the Israeli authorities and their security forces violate basic principles of international humanitarian law, namely the principles of distinction, proportionality, necessity and precaution, all of which are applicable to Palestinian children in Gaza
Second, the Commission finds that the Israeli authorities and their security forces have systematically and deliberately mistreated Palestinian children during arrest and in detention (see further Section. IV (E). ‘Mistreatment of children during arrest and in detention’). The Commission finds that Israel, through the conduct of its authorities and security forces, has violated customary international law which obligates it, as the occupying power, to ensure the protection of children from torture, abuse or neglect (see further Section. VII (C). ‘Torture and other inhumane acts’). The Commission highlights the conditions of detention to which Palestinian children have been and are being subjected, including the refusal of medical care and lack of appropriate shelter and essentials, and finds that such conduct is abusive – both physically and mentally – against Palestinian children, which is a violation of international humanitarian law.421 Furthermore, international humanitarian law provides that children who are deprived of their liberty must be held in quarters separate from those of adults, except where they are families.422 The Commission finds that the Israeli authorities have violated such protection granted to children; on the contrary, Palestinian children endured excruciating conditions during detention which, in one case, led to death.
Third, the Commission finds that Israel has failed to protect Palestinian children in the Occupied Palestinian Territory from all forms of sexual violence. Not only did Israel as the occupying power fail to take all legislative, administrative and preventive measures to ensure such protection afforded to children; on the contrary, through its security forces, Israel has subjected children to sexual and gender-based violence during their detention
Fourth, as the occupying power, Israel has failed to facilitate the proper working of all institutions necessary for the care and education of children and to prevent the destruction of the much-needed facilities for the care of children and it has itself destroyed them.423 It has specifically ensured that these facilities were destroyed during its military campaign in Gaza, in direct violation of customary international law which requires the occupying power to facilitate the proper working of institutions dedicated to the care and education of children and prohibit any interference of such special protection for children
Fifth, the conditions of life imposed by Israel in Gaza are in direct violation of its obligation to ensure special protection of children under international humanitarian law. In relation to the displacement of children, the Commission finds that the conduct of the Israeli authorities and their security forces amounts to forcible transfer, which is a violation of customary international law.424 While displacement of the civilian population may be allowed for the security of the civilians or if imperative military reasons so demand, all possible measures must be taken to ensure that the civilians concerned are provided with support in evacuation and satisfactory conditions of shelter, hygiene, health, safety and nutrition, that members of the same family are not separated and that displaced persons have a right to return to their homes as soon as the reasons for their displacement cease to exist.425 The Commission finds that these conditions were not met; therefore, the displacement of Palestinian children in Gaza is unlawful
