A/HRC/12/48
page 159
prohibited to intentionally strike civilians or civilian objects (in contrast to incidental
proportional harm).”393
705. The Mission investigated 11 incidents in which serious allegations of direct attacks with
lethal outcome were made against civilians. There appears to have been no justifiable military
objective pursued in any of them. The first two incidents concern alleged attacks by Israeli
armed forces against houses in the al-Samouni neighbourhood of Gaza during the initial phase of
the ground invasion. The following group of seven incidents concern the alleged shooting of
civilians who were trying to leave their homes to walk to a safer place, waving white flags and,
in some of the cases, following an injunction from the Israeli armed forces to do so. In the last of
these seven cases, a house was allegedly shelled with white phosphorous, killing five and
injuring others. Two further members of the family were allegedly shot by Israeli troops as they
tried to evacuate the wounded to a hospital. In the following incident, a mosque was targeted
during the early evening prayer, resulting in the death of 15. In many of the incidents, the Israeli
armed forces allegedly obstructed emergency medical help to the wounded. A further incident
concerns the bombing of a family house, killing 22 family members. In the last of the incidents
described, a crowd of family and neighbours at a condolence tent was attacked with flechettes.
A.
Attacks on the houses of Ateya al-Samouni and Wa’el al-Samouni in Zeytoun,
resulting in the death of 23 members of the al-Samouni family
706. To investigate the attacks on the houses of Ateya and Wa’el al-Samouni, which killed
23 members of the extended al-Samouni family, the Mission visited the site of the incidents.394 It
interviewed five members of the al-Samouni family and several of their neighbours on site.395
Two members of the extended al-Samouni family, who were eyewitnesses to the incident,
Messrs. Wa’el and Saleh al-Samouni, testified at the public hearing in Gaza. The Mission also
interviewed PRCS ambulance drivers who went to the area on 4, 7 and 18 January 2009, and
obtained copies of PRCS records. The Mission finally reviewed material on this incident
submitted to it by TAWTHEQ as well as by NGOs.
707. The so-called al-Samouni area is part of Zeytoun, south of Gaza City, bordered to the east
by al-Sekka Street, which in that part of Gaza runs parallel and very close to Salah ad-Din Street.
It is inhabited by members of the extended al-Samouni family, which gives its name to the area,
as well as by other families, such as the Arafats and the Hajjis. Al-Samouni area is more rural
than urban, houses used to stand next to small olive and fig groves, chicken coops and other
small plots of agricultural land. A small mosque stood in the centre of the neighbourhood. These
no longer existed at the time of the Mission’s visit in June 2009. The Mission saw very few
393
“The operation in Gaza…”, para. 222.
Graffiti left by Israeli soldiers in the house of Talal al-Samouni, which were photographed by the Mission,
included (a) in Hebrew, under the Star of David: “The Jewish people are alive” and, above a capital “T” [referring to
the army (Tsahal)], “This [the letter T] was written with blood”; (b) on a drawing of a grave, in English and Arabic,
“Arabs 1948-2008 ”; and (c) in English: “You can run but you can not hide”, “Die you all”, “ 1 is down, 999,999 to
go”, “Arabs need to die” and “Make war not peace”.
394
Testimony to the Mission by Saleh al-Samouni, Talal al-Samouni, Wa’el Faris al-Samouni, Muhammad Asaad
al-Samouni, Ms. Massouda Sobhia al-Samouni, Mr. Faraj Ata al-Samouni, Mrs. Abir Muhammad Hajji and
Mr. Fawzi Arafat, 3 June 2009.
395
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