A/HRC/12/48
page 228
the IDF of actions of this kind creates a mistaken and misleading impression of the IDF
and its fighters, who operate according to moral criteria and international law.532
F.
Factual findings
1090. The Mission found the foregoing witnesses to be credible and reliable. It has no reason to
doubt the veracity of their accounts and found that the different stories serve to support the
allegation that Palestinians were used as human shields.
1091. The Mission notes in particular that Mr. Majdi Abd Rabbo has told the story of his
experience from 5 to 7 January 2009 to several NGOs, to several journalists and to the Mission
without any material inconsistencies. There are some minor inconsistencies, which are not, in the
opinion of the Mission, sufficiently weighty to cast doubt on the general reliability of Majdi Abd
Rabbo. There are also, not surprisingly, some elements of the long account which appear in some
versions and not in others. The Mission finds that these inconsistencies do not undermine the
credibility of Majdi Abd Rabbo’s account.
1092. The Mission further notes that one of the Israeli soldiers interviewed by the NGO
Breaking the Silence recounts the case of Majdi Abd Rabbo. The soldier describes the case in
great detail and mentions having personally met Majdi Abd Rabbo.533 Finally, the Mission notes
that the submission it has received from the Jerusalem Center for Public Affairs, while not
containing a summary of Majdi Abd Rabbo’s role in the incident in which the three Palestinian
fighters were killed, also refers to the incident.534
532
“Gazans: IDF used us as 'human shields' during offensive”.
The Mission notes, however, that the soldier does not appear to have been a direct witness to the incident, but
rather heard it from others and subsequently met Majdi Abd Rabbo. Soldiers’ Testimonies…, pp. 7-8:
533
“Testimony 1 […] In one case, our men tried to get them to come out, then they opened fire, fired some anti-tank
missiles at the house and at some point brought in a D-9, bulldozer, and combat helicopters. There were three armed
men inside. The helicopters fired anti-tank missiles and again the neighbour was sent in. At first he told them that
nothing had happened to them yet, they were still in there. Again helicopters were summoned and fired, I don't
know at what stage of escalation (in the use of force). The neighbour was sent in once again. He said that two were
dead and one was still alive, so a D-9 was brought in and started demolishing the house over him until the neighbour
went in, the last armed man came out and was caught and passed on to the Shabak. […] [Some civilians] were made
to smash walls with 5-kilo sledgehammers. There was a wall around a yard where the force didn't want to use the
gate, it needed an alternative opening for fear of booby-traps or any other device. So the "Johnnies" themselves were
required to bang open another hole with a sledgehammer. Talking of such things, by the way, there was a story
published by Amira Hass in Haaretz daily newspaper, about Jebalya where a guy tells exactly the same thing. It's the
guy who was sent. I saw him afterwards, the guy who was made to go into that house three times. He also told us
about being given sledgehammers to break walls.”
The newspaper article referred to by this testimony is “Gazans: IDF used us as 'human shields' during offensive”.
The Mission notes that the soldier who gave testimony 1 states that one of the three Palestinian combatants was
arrested, while Majdi Abd Rabbo’s testimony is that he saw all three of them dead.
“The hidden dimension…” p. 20. This submission is a “war diary” pieced together “from detailed data that both
Hamas and its Izz ad-Din Qassam Brigades have published.” That this incident and the story of Majdi Abd Rabbo
are the same is corroborated by comparing the three names of the killed Palestinian combatants mentioned in both
accounts (one name is identical, the second very similar).
534
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