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916. On 30 December 2008, a recorded warning was left on the flour mill’s answering machine
to the effect that the message was from the Israeli armed forces and that the building should be
evacuated immediately. The approximately 45 workers in the mill at the time were evacuated at
around 9.30 a.m.
917. Following the evacuation, Mr. Hamada called a business associate in Israel, explained
what had happened and asked him for advice. The business associate called him back, indicating
that he had spoken with contacts in the Israeli armed forces on Mr. Hamada’s behalf, and had
been told that, although the mill had been on a list of proposed targets, they had decided not to
proceed with the strike. Mr. Hamada did not receive any information as to why his mill might
have been targeted.
918. As a result of these conversations and the fact that there had been no strike, the employees
returned to work the next day. Work continued for a number of days until a second recorded
warning was received on or around 4 January 2009. The flour mill was again evacuated and
Mr. Hamada again contacted his business associate in Israel. The same scenario unfolded
whereby Mr. Hamada received a call later on to the effect that the Israeli armed forces had
informed his associate that the mill would not be hit. The employees returned to work in the light
of the information and the fact that the warnings had not been put into effect.
919. On 9 January, at around 3 or 4 a.m., the flour mill was hit by an air strike, possibly by an
F-16. The missile struck the floor that housed one of the machines indispensable to the mill’s
functioning, completely destroying it. The guard who was on duty at the time called Mr. Hamada
to inform him that the building had been hit and was on fire. He was unhurt. In the next 60 to
90 minutes the mill was hit several times by missiles fired from an Apache helicopter. These
missiles hit the upper floors of the factory, destroying key machinery. Adjoining buildings,
including the grain store, were not hit. The strikes entirely disabled the factory and it has not
been back in operation since. A large amount of grain remains at the site but cannot be
processed.
920. The Israeli armed forces occupied the disabled building until around 13 January.
Hundreds of shells were found on its roof after the soldiers left. They appeared to be 40-mm
grenade machine-gun spent cartridges.
921. The Hamada brothers rejected any suggestion that the building was at any time used for
any purpose by Palestinian armed groups. They pointed out that all of the buildings and factories
were surrounded by a high wall and manned by at least one guard at night. In addition, the Israeli
authorities knew them as businessmen and they would not have been given Businessman Cards
had there been any reason for the Israeli Government to suspect that they were involved with or
supported armed groups. They were both adamant that their interest was and always had been
industrial and commercial, and that the last thing they were prepared to do was put their business
at risk.
1.
Factual findings
922. The Mission found the Hamada brothers to be credible and reliable witnesses. It has no
reason to doubt the veracity of their testimony. The information they provided was corroborated
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