A/HRC/12/48
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683. The Mission does not deny the possibility of children being recruited by Palestinian armed
groups. However, in the case of Imad Abu Askar, the Mission is satisfied that he was not a
Hamas operative. Apart from his father’s vehement and, in the Mission’s view, credible rejection
of any such claim, two other factors appear relevant. Firstly, since it has become clear that Imad
was a 13-year-old boy it is noticeable that Israel has not commented further on the allegation of
his alleged Hamas activity in general or the allegation in particular that on the day in question he
had launched mortars at Israel.
684. Secondly, the Israeli armed forces directly called Mr. Abu Askar early in the morning of
6 January notifying him that his house would be attacked imminently. If Imad Abu Askar was as
notorious and important as alleged, despite his young age, the Mission presumes that the Israeli
authorities would have known where he lived and, in particular, that he lived in the very house
they were about to destroy. It is extremely doubtful that the Israeli armed forces, having
identified the house where alleged Hamas militants of some significance lived, would warn them
so that they may escape and then bomb the house.
685. There is no indication that anyone of the name of Hassan Abu Askar was killed in the
attacks as far as the Mission can determine. The Mission notes that the two Hamas operatives
Israeli reports refer to were at least on one occasion referred to as brothers. Mr. Abu Askar
confirms that there is no one of such a name in his family.
686. It would appear that shortly after the attack the Israeli armed forces received some
information that two Abu Askar brothers had been killed. That much is indeed true. However,
the use made of that information appears to the Mission to have been knowingly distorted. The
brothers were Imad and Khaled, not Imad and Hassan as asserted. One was a 13-year-old boy,
the other was a recently married 19-year-old. The certainty and specificity with which the Israeli
authorities spoke at the time make it very difficult for them to suggest now that they had simply
mixed up the names.
E.
Factual findings
687. The facts gathered by the Mission indicate that on 6 January 2006 at around 1.45 a.m. the
Israeli forces called Mr. Abu Askar’s house, alerted him to the imminent strike on his house and
proceeded to destroy it with an aerial strike about seven minutes later. As a result of the warning,
Mr. Abu Askar was able to save himself and his family. The Mission finds that the Israeli forces
did not seek to kill Mr. Abu Askar or the members of his family with this strike.
688. The Mission also finds that at around 4 p.m. Israeli forces launched at least four mortar
shells. One landed in the al-Deeb courtyard, killing nine people immediately and two later on.
689. Three other shells landed on al-Fakhura Street, which was busy at the time, killing at least
a further 24 people and injuring as many as 40.
690. The Mission notes that the attack may have been in response to a mortar attack from an
armed Palestinian group but considers the credibility of Israel’s position damaged by the series
of inconsistencies and factual inaccuracies.
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