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acts, but also to prevent arbitrary killing by their own security forces.475 No exception is made
for acts during war.
866. The right to life also includes a procedural component that requires adequate investigation
of any alleged violation “promptly, thoroughly and effectively through independent and
impartial bodies” for “failure by a State party to investigate allegations of violations could in and
of itself give rise to a separate breach of the Covenant.”476 The investigation of the Israeli armed
forces referred to above lacks transparency and credibility. The failure of Israel to comply with
the procedural requirement adds to the frustration and anger felt by survivors, who have received
no credible explanation for what occurred.
G.
Attack on the Abd al-Dayem condolence tents
1.
The facts gathered by the Mission
867. On 4 January 2009 the Israeli armed forces struck an ambulance in the Beit Lahia area
with a flechette missile as it was attending a number of wounded persons who had been hit in an
earlier attack. Those wounded in the first attack had also been hit by a flechette missile. As a
result of the attack on the ambulance, one of the first-aid volunteers in the ambulance crew,
Arafa Abd al-Dayem, suffered severe injuries. He died later the same afternoon.
868. The following day, as is the custom, the family set up condolence tents where family and
friends would pay their respects and comfort the grieving relatives. The family home is in Izbat
Beit Hanoun, a built-up area in the north-east corner of the Gaza strip. It is located between
Jabaliyah and Beit Hanoun, about 3 kilometres from the border with Israel both to the north and
to the east. Although the Israeli armed forces had entered Gaza at the time of the incident, in this
area they remained on the Israeli side of the “Green Line” border. Two tents were set up – one
for male visitors and one for female visitors. They were positioned at about ten metres from each
other. The male tent was outside the house of Mohammed Deeb Abd al-Dayem, the father of the
ambulance driver.
869. The tents were struck three times in two hours, again with flechette missiles.
870. The Mission spoke to several of the witnesses who had attended and survived the attacks
on the condolence tents. The Mission noted the great pride Arafa Abd al-Dayem’s father had in
his son and the deep sense of loss he clearly felt.
871. As regards the attacks on the condolence tents, witnesses stated that at around 7.30 a.m.
on 5 January, the house of Mohammed Deeb Abd al-Dayem, was hit by a shell. The shell struck
the fourth floor of the five-storey building causing the roof to collapse.477 Three men at the
gathering, including the father of the deceased, were slightly wounded and taken to the Kamal
475
General comment No. 6 (1982), para. 3.
Human Rights Committee, general comment No. 31 (2004), para. 15. See also Basic Principles and Guidelines
on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law, para. 3 (b).
476
477
Testimony of IK/12 and IK/13 to the Mission on 30 June 2009.
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