A/HRC/12/48
page 118
Crescent … and the use of hospitals and medical infrastructure as headquarters, situation
rooms, command centres and hiding places.323
467. As described in detail in chapter IX, the Mission investigated the attacks against al-Quds
hospital in Tal el-Hawa, one of the hospitals which were allegedly used for military purposes by
Palestinian armed groups. This hospital was directly hit by white phosphorous shells and at least
one high explosive shell on 15 January 2009. The Mission conducted extensive interviews with
al-Quds hospital staff and others who were in the area at the time of the attack and concluded
that it was unlikely that there was any armed presence in any of the hospital buildings at that
time. The Mission also investigated the attacks against al-Wafa Hospital in eastern Gaza City. As
in the case of al-Quds hospital, after hearing credible testimony from doctors at that hospital, the
Mission excluded the possibility that there were combatants inside the hospital at the time of the
attack. However, the Mission did not make any findings with respect to the possible presence of
Palestinian combatants in the surroundings of the hospital.
468. In its report, the Government of Israel states that Hamas used two units and a ground-floor
wing of al-Shifa hospital, the largest in the Gaza Strip, as a military base.324 As its sources, it
cites an interview with a “Hamas activist” captured by Israel and an Italian newspaper article,325
which in turn bases this assertion on a single anonymous source. The Mission did not investigate
the case of al-Shifa hospital and is not in a position to make any finding with regard to these
allegations.
469. On the basis of the investigations it has conducted, the Mission did not find any evidence
to support the allegations made by the Israeli Government.
2.
Ambulances
470. The Government of Israel alleges that “Hamas made particular use of ambulances, which
frequently served as an escape route out of a heated battle with IDF forces.”326
471. The Mission investigated cases in which ambulances were denied access to wounded
Palestinians. Three cases in particular are described in chapter XI: the attempts of the Palestinian
Red Crescent Society (PRCS) to evacuate the wounded from the al-Samouni neighbourhood
south of Gaza City after the attack on the house of Ateya al-Samouni and after the shelling of the
house of Wa’el al-Samouni; the attempt of an ambulance driver to rescue the daughters of Khalid
and Kawthar Abd Rabbo in Izbat Abd Rabbo; and the attempt of an ambulance driver to
evacuate Rouhiyah al-Najjar after she had been hit by an Israeli sniper. In all three cases the
Mission found, on the facts it gathered, that the Israeli armed forces must have known that there
were no combatants among the people to be rescued or in the immediate vicinity.
323
“The operation in Gaza…”, para. 171.
Ibid., para. 172. “Ismail Haniyeh, the head of Hamas in the Gaza Strip, located his Southern Command centre in
one of the Shifa Hospital units, while the senior leaders of Hamas stationed themselves in another unit.”
324
325
Corriere della Serra, “Così i ragazzini di Hamas ci hanno utilizzato come bersagli”, 21 January 2009.
326
“The operation in Gaza…”, para. 176.
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