A/HRC/12/48
page 119
472. The Mission is aware of an interview reportedly given by an ambulance driver to an
Australian newspaper, in which he describes how Palestinian combatants unsuccessfully tried to
force him to evacuate them from a house in which they were apparently trapped. The same driver
reportedly told the journalist that “Hamas made several attempts to hijack the ambulance fleet of
al-Quds Hospital”. He also describes how the PRCS ambulance teams managed to avert this
misuse of ambulances. According to this report, relied on by the Israeli Government, the
attempts of Palestinian combatants to exploit ambulances as shield for military operations were
not successful in the face of the courageous resistance of the PRCS staff members.327
473. This is consistent with the statements of representatives of the Palestinian Red Crescent
Society in Gaza who, in interviews with the Mission, denied that their ambulances were used at
any time by Palestinian combatants. Finally, in a submission to the Mission, Magen David Adom
stated that “there was no use of PRCS ambulances for the transport of weapons or ammunition
… [and] there was no misuse of the emblem by PRCS.”328
474. While it is not possible to say that no attempts were ever made by any armed groups to
use ambulances during the military operations, the Mission has substantial material from the
investigations it conducted and the enquiries it made to convince it that, if any ambulances were
used by Palestinian armed groups, it would have been the exception, not the rule. None of the
ambulance drivers that were directly interviewed by the Mission reported any attempt by the
armed groups to use the ambulances for any ulterior purpose. Moreover, of the ambulance staff
members and their volunteer assistants that were killed or injured in the course of their duties,
none was a member of any armed groups, so far as the Mission is aware.
E.
Forcing civilians to remain in an area for the specific purpose
of sheltering that area or forces in that area from attack
475. As discussed in more detail in other parts of the report, the Mission asked numerous
witnesses in Gaza why they had stayed in their homes in spite of the shelling, bombing and
Israeli ground invasion. They stated that they had decided to stay put either because they had
experienced previous incursions and, based on past experience, did not think they would be at
risk as long as they remained indoors329 or because they had no safe place to go.330 In additional,
some witnesses stated that they had chosen to stay because they wished to watch over their
homes and property.331 The Mission did not find any evidence of civilians being forced to remain
in their houses by Palestinian armed groups.
327
Ibid., para. 177-179.
Communication by Magen David Adom to the Mission, 9 August 2009. Magen David Adom is Israel’s national
emergency medical, disaster, ambulance and blood bank service. It is a member of the International Federation of
Red Cross and Red Crescent Societies and has a long-standing cooperation with the Palestinian Red Crescent
Society. That no PRCS ambulances had been used to transport weapons or fighters was also stated forcefully by a
Magen David Adom representative to representatives of the Mission in Geneva on 22 July 2009.
328
329
Mission interview with Khaled Abd Rabbo.
330
See chap. IX.
Interview with Abbas Ahmad Ibrahim Halawa, 3 June 2009 (see chap. XIV on the case of Abbas Ahmad Ibrahim
Halawa).
331
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents