A/HRC/12/48
page 133
542. The Mission is also mindful of several incidents it has investigated where civilians were
killed or otherwise harmed and met with humiliation and degrading treatment by Israeli soldiers,
while fleeing from locations about which some form of warning was issued. The effectiveness of
the warnings has to be assessed in the light of the overall circumstances that prevailed and the
subjective view of conditions that the civilians concerned would take in deciding upon their
response to the warning.
B.
UNRWA compound, Gaza City
543. The field office compound of UNRWA is situated in the southern Rimal area of Gaza
City. On the morning of 15 January 2009 it came under sustained shelling from the Israeli armed
forces. At least three high explosive shells and seven white phosphorous container shells struck
the workshop and warehouse area of the compound causing massive damage as a result of
ensuing fires. Five of the shells exploded in the compound including all three high explosive
shells. Two complete container shells of white phosphorous were retrieved. Five additional white
phosphorous shells were retrieved but not in their complete form. These five shells deposited
large amounts of the phosphorus wedges contained in the shells into the compound, if not in fact
all of the wedges. At least three shells hit the Gaza Training Centre and caused light injuries to
one staff member. At the time of the attack there were between 600 and 700 civilians sheltering
in the compound. The remaining shells hit the area in and around the fuel depot and workshop.
544. The Mission has inspected the site and interviewed several of the people who were present
at the time. It has also had access to detailed written materials produced by the UNRWA office
in relation to its inquiries into the incident. It has furthermore addressed questions to the
Government of Israel regarding the use of white phosphorous munitions to strike within the
UNRWA compound and the direct military advantage pursued by their use under the
circumstances, but has received no reply.
545. The Mission will not here repeat all of the details of the attack that are recounted
accurately in a number of other reports.366 It will, however, join with others in noting the bravery
of two staff members in particular in dealing with the white phosphorous in close proximity to
thousands of litres of fuel stored in tankers. Had the fuel depot exploded, it would have caused
untold deaths and damage. The swift and courageous actions of these two people at huge
personal risk may have prevented a disaster of gigantic proportions and their efforts should be so
recognized.
546. In this particular case, the Mission’s interest lay in what was known by the Israeli armed
forces at the time, what steps were feasible to reduce the massive risk to civilian life and why
were these steps not taken.
For instance, Secretary-General’s summary of the Report of the United Nations Headquarters Board of Inquiry
into certain incidents in the Gaza Strip between 27 December 2008 and 19 January 2009 and reports by Human
Rights Watch (Rain of Fire: Israel’s Unlawful Use of White Phosphorous in Gaza (March 2009), pp. 41 ff) and
Amnesty International (Israel/Gaza: Operation “Cast Lead”: 22 days of death and destruction (London, 2009), p. 31).
366
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