A/HRC/12/48 page 177 12. Factual findings 785. The Mission has no reason to doubt the veracity of the main elements of the testimony of the witnesses it heard with regard to the shooting of Rouhiyah al-Najjar. 786. The Mission’s site inspection and the testimony of several witnesses appear to establish that the group of women and children led by Rouhiyah al-Najjar had slowly walked for at least 20 metres before the shot that killed Rouhiyahher was fired. During that time, Israeli soldiers standing on the roofs of the houses in the neighbourhood had ample time to observe the group. The fact that, after shooting Rouhiyah and Yasmine al-Najjar, the soldiers directed warning fire at the group without injuring anyone, but forcing them to retreat to a house, is further indication that the soldiers had not observed any threat to them from the group.433 Indeed, a few hours later the same group was allowed to walk past the soldiers to a safer area of Khuza’a. The Mission accordingly finds that Rouhiyah al-Najjar was deliberately shot by an Israeli soldier who had no reason to assume that she was a combatant or otherwise taking part in hostilities. 787. The Mission also observes that, while it is unclear whether the ambulance from Khan Yunis hospital could have saved Rouhiyah al-Najjar’s life, the Israeli forces prevented the evacuation of the wounded woman without any justification. 13. The Abu Halima family case 788. The Mission interviewed three members of the Abu Halima family who were eyewitnesses to the events described below.434 The Mission also spoke to the doctor who treated some of the family members.435 The Mission reviewed a report by Physicians for Human Rights – Israel and Palestinian Medical Relief Society which includes analysis by doctors who observed the wounds of the surviving victims at the beginning of March 2009 and also has medical reports confirming the injuries they suffered.436 Finally, the Mission reviewed information received from TAWTHEQ. 789. On 3 and 4 January 2009, the initial days of the ground invasion, there was heavy aerial bombardment and shelling by tanks of the open areas around Siyafa village, in al-Atatra neighbourhood west of Beit Lahia. Most residents are farmers and, although the Israeli armed The Mission was not given any testimony about the presence of Palestinian combatants in Khuza’a at the time of this incident. In fact, Khuza’a municipal officials expressly denied that there was any combatant activity in Khuza’a at the time of the Israeli ground invasion, arguing that, Khuza’a and the surrounding fields being such an open area, there was no place for fighters to take cover. These statements are contradicted by reports indicating that “about one dozen fighters had directly engaged the IDF in Khuza’a. But these engagements appear to have been minimal, with the fighters mostly retreating whenever the Israeli forces advanced.” (Human Rights Watch, Rain of Fire: Israel’s Unlawful Use of White Phosphorous in Gaza (March 2009), pp. 53-54). 433 Mission interviews with Sabah Abu Halima (aged 45), Muhammad Sa’ad Abu Halima (aged 24), Omar Sa’ad Abu Halima (aged 18), 15 June 2009. 434 435 Mission interview with Dr. Nafeez, the burns expert from al-Shifa hospital, 12 June 2009. Physicians for Human Rights-Israel and Palestinian Medical Relief Society, “Final report: Independent factfinding mission into violations of human rights in the Gaza Strip during the period 27.12.08-18.01.09”, pp. 51-55, available at: http://www.phr.org.il/phr/files/articlefile_1241949935203.pdf. 436