A/HRC/12/48 page 208 The routes of such pipes are marked by 1.5-metre-high, red and white poles to ensure that care is taken not to damage the pipes. The damage is very close to one such pole. 970. The precise date of the strike on Lagoon No. 3 is uncertain because there were no witnesses in the area at the time. With satellite images it is, however, possible to establish that the strike must have occurred before 10 January 2009, as the images clearly show the massive outflow of sewage from the lagoon on that date. 971. It is also possible to ascertain from the satellite images that the strike on the lagoon wall’s eastern side created a breach of about 22 metres, through which the sewage flowed. The same images show the route of the outflow and where it stopped. The United Nations Environment Programme carried out a ground survey of the site on 30 January 2009 and data from that survey were added to the UNOSAT image interpretation. 972. The plant occupies a position at the top of a hill and provides a view over a considerable area of open land, which is mainly farmland. As such, it might reasonably be considered to be of strategic interest. Factual findings 973. The plant was effectively abandoned by staff when the ground invasion began. The strike on lagoon No. 3 must have occurred after the Israeli armed forces had taken control of the plant and the surrounding area as the employees interviewed confirmed that it was intact when they left the area. Although the damage to the raw-sewage pipe may have been caused by a tank stopping or passing over it, the Mission is not in a position to conclude that this was in fact what occurred. 974. Notwithstanding the possible military advantage offered to the Israeli armed forces by the plant’s location, the Mission cannot find any justification for striking the lagoon with what must have been a very powerful missile, sufficient to cause a breach 5 metres deep and 22 metres wide. It is highly unlikely that Palestinian armed groups could have taken up positions in or around the lagoon after the initial occupation of the area by Israeli armed forces: any such groups would have been exposed in the open area. The fact that the lagoon wall was struck precisely there where it would cause outflow of the raw sewage suggests that the strike was deliberate and premeditated. 2. Namar wells group, Salah ad-Din Street, Jabaliyah refugee camp 975. The Mission visited the site of the Namar wells group on 17 June 2009.504 It interviewed engineer Ramadan Nai’m, CMWU water production and storage manager, and Ibrahim al-Ejjla, CMWU media coordinator. The Mission took photographs of the site. The Mission also addressed questions to the Government of Israel with regard to the military advantage pursued in attacking the Namar wells group, but received no reply. 504 The Namar wells group consists of two of installations situated in Jabaliyah. See “Damage assessment report…”.

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