A/HRC/12/48 page 187 841. Based on the facts ascertained, the Mission finds that the Israeli armed forces have violated the prohibition under customary international law that the civilian population as such will not be the object of attacks as reflected in article 51 (2) of Additional Protocol I. 842. Based on those facts, the violations also constitute a grave breach of the Fourth Geneva Convention in respect of wilful killings and wilfully causing great suffering to protected persons. 843. The Mission also finds that the State of Israel would be responsible for the arbitrary deprivation of the right to life, in relation to article 6 of the International Covenant on Civil and Political Rights, of those killed. F. The attack on the al-Daya family house, 6 January 2009 1. The facts gathered by the Mission 844. On 6 January 2009, the al-Daya Family house located on al-Rai’i Street in Zeytoun, southeast of Gaza City, was struck by a projectile fired from an F-16 aircraft which killed 22 members of the family. Twelve of those killed were children under 10. 845. In June 2009, the Mission visited the site of the incident where it interviewed two of the four surviving members from the al-Daya family and a number of local residents.465 Further inquiries and interviews were conducted in late July with neighbours of the al-Daya family. 846. The al-Daya house was a four-storey building with seven apartments owned by Fayez Musbah al-Daya. Each apartment was occupied by one of his seven sons, some married and living with their own families, and two unmarried daughters. 847. The Israeli armed forces reached Zeytoun on 3 January. Witnesses interviewed by the Mission said that the Israeli armed forces dropped leaflets in the area instructing people not to support Hamas and to provide the Israeli armed forces with information, at a given number, on military activities in the neighbourhood, including details of weapon facilities.466 848. Witnesses mentioned that a rumour had circulated that the Israeli forces were going to bomb a house in the neighbourhood, which led several families to leave their homes.467 A few families chose to stay, including the remaining members of the al-Daya family and five other families.468 849. On the morning of 6 January, at around 5.35 a.m. a missile was reportedly fired in the vicinity of the al-Daya house, close to the Hassan al-Banna mosque, which killed an elderly man. Witnesses stated that the strike occurred shortly after the morning prayers had ended and when the man was on his way home. The same witnesses confirmed that the death of the man in 465 Muhammad Fayez al-Daya, Rida Fayez al-Daya, Aimer al-Daya and Hafez al-Daya. 466 Mission interviews with Muhammad Salam al-Ra’i, Deeb al-Ra’i, Faraj al-Ra’i and Rida al-Daya, July 2009. 467 Those who left included the eldest son of the al- Daya family, Nafez al-Daya, his wife and seven children. The families of Zuher al-Ra’i (an estimated 16 people), Faraj al-Ra’i (an estimated 15 people), Jumaa al-Ra’i (an estimated 7 people), Mahmoud al-Hindi (an estimated 4 people) and Shawqi Sa’d. 468

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