A/HRC/12/48
page 179
795. When they reached the crossroads next to the Omar Bin Khattab school in al-Atatra,
Israeli soldiers positioned on the roof of a nearby house, some ten metres away, ordered them to
stop. Muhammad Hekmat, Matar, Ali, Nabila and Matar got down and stood beside the tractor.
One or more soldiers opened fire, hitting Muhammad Hekmat Abu Halima in the chest and
Matar Abu Halima in the abdomen.441 Both died as a result of their injuries. Ali, Omar and
Nabila Abu Halima fled. Omar was shot in the arm, but they eventually reached Kamal Idwan
hospital.
796. The remaining family members were ordered to abandon the tractors and walk. They were
not permitted to take the bodies of the two dead boys, or the remains of Shahid Abu Halima,
which were recovered four days later, on 8 January. Ghada Abu Halima, who had burns on
45 per cent of her body, had great difficulty walking. After some 500 metres, a vehicle picked up
several members of the family, including Ghada and Farah, and took them to al-Shifa hospital in
Gaza City.
797. Dr. Nafiz Abu Shaban, Chief of Plastic Surgery at al-Shifa hospital, confirmed that Sabah,
Ghada and Farah Abu Halima were admitted there with serious burns and were transferred to
Egypt for treatment. The doctor believed that the burns were caused by contact with white
phosphorous.442
14.
Factual findings
798. The Mission found Sabah Abu Halima, Muhammad Sa’ad Abu Halima and Omar Sa’ad
Abu Halima to be credible and reliable witnesses. It has no reason to doubt the veracity of the
main elements of their testimonies, which were corroborated by the testimony of Dr. Nafiz Abu
Shaban of al-Shifa hospital.
799. With regard to the white phosphorous shelling of the Abu Halima family house, the
Mission notes that the house is located in a village in a rural area. The shelling occurred on
4 January 2009 at a time when Israeli ground forces were apparently advancing into al-Atatra.
Moreover, the Israeli armed forces had dropped leaflets warning civilians to leave. Under the
circumstances, the Mission cannot make any determination as to whether the shelling of the Abu
Halima house was a direct attack against a civilian objective, an indiscriminate attack or a
justifiable part of the broader military operation.
800. With regard to the shooting of Muhammad Hekmat Abu Halima and Matar Abu Halima,
the Mission notes that the Israeli soldiers had ordered the tractor on which they were transporting
the wounded to stop and had ordered the two cousins (aged 16 and 17) to come down. They had
complied with those instructions and were standing next to the tractor, when the Israeli soldiers
standing on the roof of a nearby house opened fire on them. The soldiers cannot have been
mistaken about the circumstance that these were two civilians taking gravely wounded persons to
a hospital. The shooting of Muhammad Hekmat Abu Halima and Matar Abu Halima was a direct
According to statements given by Omar and Nabila Abu Halima to the NGO Defence for Children International
(ibid.). Information provided to the Mission by Omar Abu Halima on 15 June 2009 was less detailed but consistent
with this information.
441
442
Mission interview, 12 June 2009.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents