A/HRC/12/48
page 154
a few stretchers being used to lift the dead and injured. If Israel had that capacity of surveillance
in the immediate aftermath of the shelling, it must have been able to see that the shells had hit on
the street outside the school and not inside the school. Furthermore, if such surveillance was
recorded, in the face of serious allegations levelled against the Israeli armed forces by several
sources after the military operation in Gaza, the Government could have made this footage
public in order to establish the truth of its claims regarding this incident.
678. Finally, the Mission comes to the repeated assertion of the Israeli authorities as to the
identities of those killed in the strikes. The most detailed attempt to name these come in Col.
Levi’s statement of the 12 dead, including nine militants and three non-combatants. On
19 February The Jerusalem Post published seven of the names given to them by CLA. The
Mission notes that CLA did not provide any information to explain where the information on the
dead came from. None of the seven names corresponds with any the Mission has so far
established died in the attack.
679. The position assumed by Colonel Levi of CLA is problematic in the light of the relatively
uncomplicated case of the al-Deeb family, of whom nine members died immediately and two
died later. Four of these were women and four were children. Given these figures alone, and the
relative ease with which the victims could be identified, the Mission considers the CLA
assertions as to the total numbers and identities of those killed in the Israeli armed forces’ mortar
strikes to be unreliable. Even if the Israeli authorities were to be correct in saying that nine
combatants were killed, they are, in the considered view of the Mission, incorrect in stating that
only three non-combatants were killed.
680. A further assertion made several times by Israeli spokespersons on 6 and 7 January and
confirmed again on 12 January was that the strikes had not only managed to hit the militant
rocket launchers but had also killed two senior Hamas militants, namely Imad Abu Askar and
Hassan Abu Askar.391 Again, for the most part these early assertions indicated that both had been
killed in the UNRWA school. It is noticeable that the Israeli armed forces’ summary of their own
preliminary investigations does not repeat this claim.
681. What is now clear is that, if any Hamas operatives were killed by the Israeli strike, they
were not killed in the school premises. It is difficult for the Mission to understand how the Israeli
authorities could establish with such certainty within a matter of hours the identities of two of the
Hamas operatives it had killed but could not establish within a week that the alleged firing had
not come from the school and that the Israeli armed forces had not hit the school.
682. The Mission is satisfied that three Abu Askar family members were killed: Imad, aged 13,
his brother Khaled, aged 19, and their uncle, Arafat, aged 33. Mr. Mark Regev indicated that
Imad Abu Askar was a well-known member of Hamas’s militant operation and of some
significance in the rocket-launching operations. Major Leibovich and Captain Rutland also
named Imad as one of the two operatives killed.
In her interview with Channel 4 News, Major Leibovich in fact appears to say “Amr Abu Askar” after some
hesitation but in the light of the other statements the Mission considers this to have been an error on her part and that
in all likelihood she intended to say “Imad”.
391
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