A/HRC/12/48
page 141
the Israeli authorities claim they were facing. The decision to continue using the same means in
the face of such knowledge compounds that recklessness. It deprived the UNRWA staff of the
ability to contain the fires that had been caused and led to millions of dollars worth of damage
that could have been avoided. It also put in danger some 700 lives, including staff and sheltering
civilians.
595. The Mission, therefore, concludes on the basis of the information it received and in the
absence of any credible refuting evidence that Israeli armed forces violated the customary
international law requirement to take all feasible precautions in the choice of means and method
of attack with a view to avoiding and in any event minimizing incidental loss of civilian life,
injury to civilians and damage to civilian objects as reflected in article 57 (2) (a) (ii) of
Additional Protocol I to the Geneva Conventions.
C.
Al-Quds hospital, Tal el-Hawa, Gaza City
596. Al-Quds hospital belongs to the Palestinian Red Crescent Society (PRCS). It consists of
three buildings facing west towards the sea and occupying the corner of Jami’at ad-Duwal
al-Arabiyah Street and al-Abraj Street in the area of Tal el-Hawa. The building nearest the corner
is seven storeys high. Its principal purposes were administrative and cultural rather than medical.
It stored a huge quantity of PRCS archives. The middle building contains the accident and
emergency treatment area as well as other offices. The building furthest from the corner is the
main medical building with operating theatres in the basement. About 200 metres eastwards on
al-Abraj Street is the Palestinian Red Crescent ambulance depot. These buildings all suffered
significant damage in the course of an Israeli bombardment on 15 January 2009, which included
the use of white phosphorous. The attacks endangered the lives of the staff and more than
50 patients in the hospital. There was no warning given for any of the attacks.
597. The Mission met staff from the hospital on six separate occasions, three of them on site
visits. Two extended site visits included inspections not only of the hospital premises, but also of
the ambulance depot, of the damage done to apartment buildings on that street and of the area
opposite the hospital to assess the damage done by fighting in that area. Three long interviews
were carried out with one doctor individually, another was carried out with two doctors together
and there were two group meetings with four and five doctors, respectively. The Mission also
received a considerable body of photographs and digital video footage of the events of the day in
question. It furthermore addressed questions to the Government of Israel regarding the use of
white phosphorous munitions against al-Quds hospital and the direct military advantage pursued
by their use under the circumstances, but received no reply.
598. The doctors with whom the Mission spoke all occupied senior positions but also
witnessed the events that occurred throughout that day. The Mission was impressed with their
objectivity and the genuine distress several of them showed at being unable to help or protect the
sick and wounded who had come to the hospital. Throughout that day many of the staff,
including the doctors, took exceptional risks to stop fire spreading, including by removing white
phosphorous wedges from near diesel tanks. One doctor in particular showed remarkable
courage. He left the hospital to drive an ambulance through artillery shelling as he sought to
bring an eight-year-old girl to al-Shifa hospital for treatment which he was no longer able to
provide in al-Quds. Having taken the girl there, he drove back to the hospital in the same
conditions to continue assisting the efforts to fight the fires.
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