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page 152
battery squad who were firing on IDF forces in the area. Hamas operatives Immad Abu
Iskar and Hassan Abu Iskar were among terrorists identified killed.384
669. Further statements from spokespersons for the Prime Minister,385 the Foreign Ministry and
the Israeli armed forces all adhered to the position set out in the statement cited above. In two
interviews the Prime Minister’s spokesman, Mr. Regev, emphasized that he considered Hamas
were mounting a cover-up in relation to the fact the senior operatives had been killed by the
Israeli armed forces in its strike and in particular that two persons, Imad and Hassan Abu Askar,
were “well-known members of the Hamas military machine – part of the rocket network”.386
670. The position set out on 6 January was repeated again in comments to the press on 12
January by an Israeli armed forces’ spokesman.387
671. On 15 and 19 February 2009 The Jerusalem Post published reports quoting Colonel
Moshe Levi of CLA. He indicated that the stories of 40 or more dying as a result of the attack
were the result of distortions and that in fact the Israeli armed forces had killed 12 people,
including nine Hamas operatives and three non-combatants. The report of 19 February lists 7 of
the 12 he said were killed. He also pointed out that the Israeli surveillance footage showed only a
“few stretchers were brought in to evacuate people”.
672. On 22 April 2009 the Israeli armed forces published the results of their preliminary
investigations, stating a completely different position from that previously expressed:
384
http://www.mfa.gov.il/MFA/Government/Communiques/2009/Initial_inquiry_school_incident_6-Jan-2009.htm.
On 7 January in a television interview on the British Broadcasting Corporation’s programme Newsnight, Mr.
Regev indicated that he believed that the Israeli armed forces had attacked the school because they had come under
fire, that the school was occupied by Hamas operatives and that those Hamas operatives had committed a war crime
by using the premises for the purpose of launching mortars. See http://www.youtube.com/watch?gl=GB&hl=enGB&v=9wv0giW1elo&feature=PlayList&p=9277810AA376DF8D&playnext=1&index=5.
385
In another interview he indicated the Israeli armed forces’ patrol returned fire having received mortar fire, that he
assumed the school had been taken by force by Hamas “with guns” and held the people in the school as “hostages”.
See https://www.csidonline.org/resources/news/9/462-strike-on-gaza-school-kills-40?tmpl=component&print
=1&page.
On the same day Major Avital Leibovich, spokeswoman of the Israeli armed forces, in an interview with Channel 4
news said that Hamas had fired from “the vicinity of the school” but later asserted that the two Hamas militants were
inside the school firing at the Israeli armed forces. See http://link.brightcove.com/services/player/
bcpid1184614595?bctid=6539745001
On the same day Israeli armed forces’ spokesman Captain Benjamin Rutland made a presentation posted on
YouTube. He indicated that it had transpired later that the mortar fire had come from within a United Nations
school, that this was a crime on the part of Hamas and that civilians had been killed. He noted, however, that Hamas
terror operatives had been killed including the well-known Abu Askar brothers. Another Israeli armed forces
spokesperson confirmed on 12 January that it was adhering to the same positions as had been expressed on 6 and
7 January. See http://dover.idf.il/IDF/English/News/today/09/4/2201.htm.
See https://www.csidonline.org/resources/news/9/462-strike-on-gaza-school-kills40?tmpl=component&print=1&page
386
387
The statement of Captain Ishai David in The Jerusalem Post on 12 January 2009.
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