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rockets, from entering a garden next to the building in which they lived.303 The International
Crisis Group interviewed a resident of Beit Lahia who stated that fighters used his land to fire
rockets, which he did not dare to resist, as his father had previously been shot in the leg by a
member of such an armed group when he had tried to prevent them from using his land as a
rocket launching site.304 Amnesty International conducted interviews with residents of Gaza
who stated that they had observed Palestinian fighters firing a rocket from a courtyard of a
Government school in Gaza City at a time when the schools were closed. In another area of
Gaza City, another resident reportedly showed an Amnesty International researcher a place
from which a rocket had been launched, 50 metres from a residential building.305 Amnesty
International also reported, however, that it had seen no evidence that rockets had been
launched from residential houses or buildings while civilians were still in them.
450. Both the International Crisis Group and Human Rights Watch found that the practice of
firing close to or within populated areas became more prevalent as the Israeli armed forces took
control of the more open or outlying areas.306
451. The Mission reviewed the pictures allegedly showing the launching of rockets “from
within or near residential buildings, including schools, mosques and hospitals” in the Israeli
Government’s paper307 and in several of the submissions it received.308 The Mission notes that it
is not reasonably possible to determine whether those photographs show what is alleged. As the
Israeli Government concedes,309 many of them refer not to the December 2008-January 2009
period, but to previous alleged instances of firing of rockets from Gaza.310
452. In view of the information communicated to it and the material it was able to review, the
Mission believes that there are indications that Palestinian armed groups launched rockets from
urban areas. In those instances in which Palestinian armed groups did indeed fire rockets or
mortars from urban areas the question remains whether this was done with the specific intent of
shielding the combatants from counter-attack. The Mission has not been able to obtain any direct
evidence on this question; nor do reports from other observers provide a clear answer.
453. According to the International Crisis Group, for instance, a fighter for Islamic Jihad stated
in an interview that “the most important thing is achieving our military goals. We stay away
from the houses if we can, but that’s often impossible”, which suggests the absence of intent.
The same NGO also reports an interview with three Palestinian combatants in January 2009 in
303
Rockets from Gaza…, p. 22.
304
“Gaza’s unfinished business…”, p. 3, footnote 29.
305
Israel/Gaza: Operation “Cast Lead”: 22 days…, p. 74.
306
Rockets from Gaza…, p. 21; “Gaza’s unfinished business…”, p. 3.
307
“The operation in Gaza…”, para. 155.
308
See, for instance, submission to the Mission by Mr. Maurice Ostroff.
309
“The operation in Gaza…”, para. 155.
The following video, referred to in a submission to the Mission by B’nai B’rith International, appears to show the
launching of rockets from within an urban area, allegedly from within a school, on 8 January 2009:
http://www.youtube.com/watch?v=UN9WzUc7iB0
310
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