A/HRC/12/48
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entered other houses after knocking on the door) and the fact that the soldiers had already spoken
to Faraj al-Samouni, one of the persons in Ateya al-Samouni’s house, the Mission cannot see any
circumstance justifying the violent entry into the house.
729. With regard to the attack on the five men who stepped out of Wa’el al-Samouni’s house to
fetch firewood in the early morning of 5 January 2009 and to the subsequent shelling of the
house, the Mission notes that the members of the other families who had been moved by the
Israeli forces into Wa’el al-Samouni’s house had been searched by Israeli soldiers, as recounted
by Saleh al-Samouni. Everything indicates that the Israeli forces knew that there were about
100 civilians in the house. Indeed, the families had asked to be allowed to leave the area towards
a safer place, but had been ordered to stay in Wa’el al-Samouni’s house. The house must have
been under constant observation by the Israeli soldiers, who had complete control over the area
at the time.
730. The Mission was not able to determine whether the attack was carried out by missiles
launched from Apache helicopters, as Saleh and Wa’el al-Samouni told the Mission at the public
hearing in Gaza, or by other munitions. Nevertheless, the fact that a first projectile struck next to
the five men soon after they had left the house (at a time at which there was no combat in the
area) and two or three projectiles struck the house after the survivors had retreated into the
house, indicates that the weaponry used allowed a high degree of precision with a short response
time and that the five men and then the house were the intended targets of the attack.
731. The Mission notes that, four days later, the Israeli armed forces denied that the attack on
the house of Wa’el al-Samouni had taken place. On 9 January 2009, an Israeli army spokesman,
Jacob Dallal, reportedly told the Reuters news agency that “the IDF did not mass people into any
specific building. […] Furthermore, we checked with regard to IDF fire on the 5th. The IDF did
not target any building in or near Zeitun on the 5th.”411 The Mission is not aware of any
subsequent statement from the Israeli Government which would contradict this blanket denial or
suggest that the allegations have been the subject of further investigation.
732. With regard to the obstruction of emergency medical access to the wounded in the
al-Samouni neighbourhood, the Mission notes that four-year-old Ahmad al-Samouni was still
alive at 4 p.m. on 4 January 2009, when the PRCS ambulance called by his relatives managed to
arrive within what the Mission estimates to be 100 to 200 metres from the house where he was.
In fact, he died about 10 hours later, which suggests that he might have had a good chance of
survival. Israeli soldiers stopped the ambulance and thoroughly searched the driver, nurse and
vehicle.412 Although they did not find anything indicating that the ambulance staff was not on a
genuine emergency mission to evacuate a wounded civilian, they forced the ambulance to return
to Gaza City without the injured Ahmad.
733. On 5 and 6 January 2009, following the arrival in Gaza City hospitals of survivors of the
attack on Wa’el al-Samouni’s house, PRCS and ICRC requested permission from the Israeli
411
http://www.javno.com/en-world/gaza-boy-recounts-house-of-death_222451.
In addition to searching the ambulance driver and the nurse, the Israeli soldiers also appear to have intended to
humiliate them by forcing them to lie down on the street in their underwear for 5 to 10 minutes, in the cold of an
early January late afternoon.
412
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