A/HRC/12/48 page 145 parts of the hospital premises were being used by armed groups. That may be journalistic gloss and is tantamount to putting words in the mouth of Dr. Judah. The comments attributed to Mr. Safadi that “resistance fighters were firing from positions all around the hospital” can mean either that people were inside the hospital firing or were in positions outside but near to the hospital. The journalist did not clarify precisely what was meant. 618. The Mission, having carried out over eight hours of interviews with senior and junior staff, and having sought to verify the matter with others, including journalists who were in the area at that time, has concluded that it is unlikely there was any armed presence in any of the hospital buildings at the time of the attack. 619. The Mission finds that no warning was given at any point of an imminent strike and at no time has the Israeli Government suggested such a warning was given.376 620. Reviewing the scene at the time of the strikes on al-Quds hospital, it is important to bear in mind that a great deal of destruction had already occurred and that buildings with an apparent connection to the local government had been attacked and largely destroyed. As such, Israeli tanks had a relatively clear view of the area immediately to the south of the hospital. The Mission also notes that as a result of the attacks on al-Abraj Street by tanks for several days, the scope for resistance, if any, from that particular quarter had been significantly reduced. 621. The Mission is aware of reports that there was significant resistance from Palestinian armed groups in the Tal el-Hawa area on the night of 14January.377 Information available alleges that on the night of 14 January Israeli troops had entered buildings on al-Abraj Street, used human shields to check if there was any presence of enemy combatants or explosive devices and found none. Reports do not specify the nature, scale or precise location of resistance in Tal el-Hawa. The Mission notes that in the buildings directly opposite al-Quds hospital on Jami’at ad-Duwal al-Arabiyah Street there is very little sign of damage to any of the buildings on that side of the street, and certainly nothing that compares to the damage to the buildings on al-Abraj Street. 622. The Mission takes into account the damage that had already occurred between 27 December and 8 January on al-Abraj and Jami’at ad-Duwal al-Arabiyah Streets, and the lack of apparent damage to the buildings directly opposite the hospital on Jami’at ad-Duwal alArabiyah Street. It also takes account of the sighting of at least one tank whose direct line of fire, bearing in mind that it was surrounded by tall buildings on both sides, was the hospital itself. It also notes the credible sightings of Israeli aircraft in the area at various points throughout the day. It further notes the extensive damage to the ambulance depot at the same time as the strikes In its conclusions of its investigations published on 22 April, the Israeli armed forces highlight the fact, in connection with its investigation into allegations of attacks on medical services, that they gave warnings. One related to an ambulance and another to a clinic. There is no mention of al-Quds hospital. See http://dover.idf.il/IDF/English/Press+Releases/09/4/2202.htm. 376 The Mission has noted a witness account in relation to Israeli armed forces’ use of human shields on al-Abraj Street on the night of 14 January, thus indicating that there was indeed a very active Israeli presence on the ground. See Al Mezan Center for Human Rights, “Hiding behind civilians: April 2009 update report”, p. 8. 377

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