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and of his neighbour, HS/08, for instance, were destroyed in combat against the three Palestinian
fighters hiding in HS/08’s house (see chap. XIV).507
993. In many others, such as the shelling of the houses of Mahmoud Abd Rabbo al-Ajrami
(chap. XIV), of the Sawafeary family (see above and chap. XI) and of the Abu Halima family
(chap. XI), the houses were in the general path of the advancing Israeli ground troops.
994. In a third group of cases, however, the facts ascertained by the Mission strongly suggest
that housing was destroyed without their having any direct link to combat operations. On
6 January 2009 at 1.45 a.m., Mr. Abu Askar received a phone call from the Israeli armed forces
informing him that his family should evacuate their house as it was going to be targeted by an air
strike. This warning was put into practice a few minutes later, when the home of about
40 members of the extended Abu Askar family was destroyed by a missile (see chap. X).
995. In Juhr ad-Dik, after the killing of Majda and Rayya Hajaj (chap. XI), the Israeli armed
forces directed machine-gun fire at the house of the al-Safadi family for the entire afternoon of
4 January 2009. The soldiers firing at the house had seen the Hajaj and al-Safadi families taking
refuge there after their failed attempt to flee to Gaza City. When the Hajaj family managed to
leave Juhr ad-Dik the following day, Israeli troops apparently took up position in Mr. Youssef
Hajaj’s house, which they rendered completely uninhabitable, as the Mission saw for itself
during a visit. His brother Saleh Hajaj was even less fortunate. His house was reduced to a pile
of rubble.
996. Other neighbourhoods were destroyed during the last few days of the military operations
as the Israeli armed forces were preparing to withdraw. For example, in an incident described
below, after an attempt to demolish a cement-packaging plant in east Gaza, soldiers also
destroyed the surrounding houses of the owner and the employees. The factory owner, Mr. Abu
Jubbah, had hidden in the house for two days with seven members of his family. Suddenly, a
direct strike on the side of the house warned them that the house was to be destroyed and they
should leave. Waving a white flag, Mr. Abu Jubbah left the house in a rush, put his family in a
car and drove off. On their way they saw tanks and soldiers in the area. Their house was
destroyed by shelling. It took several strikes to destroy it, while the factory facilities and the
fence were demolished by bulldozers. Housing for 55 factory workers was also demolished with
bulldozers.508
997. Two further cases investigated by the Mission also exemplify the deliberate demolition of
residential housing. The house of Wa’el al-Samouni, in which 21 family members died, was
damaged but still standing when PRCS and ICRC extracted the wounded survivors in the
afternoon of 7 January 2009 (chap. XI). When the family and rescuers returned to the area on
18 January, the house was completely demolished. As the Mission could see for itself during its
visit to the area as well as on photographs taken on that day, the manner in which the house had
collapsed strongly indicated that this was the result of deliberate demolition and not of combat.
The Mission is only noting that there was a factual link between combat and the destruction of the houses, it is
not making a finding as to whether the destruction of the two civilian houses was proportionate to the military
objective to be achieved.
507
508
Mission interview with Mr. Atta Abu Jubbah, owner of the cement packaging factory.
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