A/HRC/12/48
page 146
on the hospital occurred and the apparently unexplainable crushing of ambulances parked
outside the depot.
623. In the light of all these considerations, the Mission finds that there are reasonable grounds
to believe that the hospital and the ambulance depot, as well as the ambulances themselves, were
the object of a direct attack by the Israeli armed forces in the area at the time and that the
hospital could not be described in any respect at that time as a military objective.
4.
Legal findings
624. Article 18 of the Fourth Geneva Convention provides that civilian hospitals may in no
circumstances be the object of attack but shall at all times be respected and protected by the
parties to the conflict.
625. Article 19 provides that the protection to which civilian hospitals are entitled shall cease
“only after due warning has been given, naming, in all appropriate cases, a reasonable time limit
and after such warning has remained unheeded.”
626. Even in the unlikely event that there was any armed group present on hospital premises,
there is no suggestion even by the Israeli authorities that a warning was given to the hospital of
an intention to strike it. As such the Mission finds on the information before it that Israeli armed
forces violated articles 18 and 19 of the Fourth Geneva Convention.
627. On considering the information before it, the Mission takes the view that there was intent
to strike the hospital, as evidenced in particular by the high explosive artillery shell that
penetrated the rear of the hospital and destroyed the pharmacy.
628. Even if it is suggested that there was no intent to directly strike the hospital but that
Palestinian armed groups had taken up positions near al-Quds hospital, the Israeli armed forces
would still have been bound to ensure that risk of death, injury or damage to the people in the
hospital or the hospital itself would not be excessive in relation to the military advantage
anticipated in attacking the hospital.
629. Taking into account the weapons used, and in particular the use of white phosphorous in
and around a hospital that the Israeli armed forces knew was not only dealing with scores of
injured and wounded but also giving shelter to several hundred civilians, the Mission finds,
based on all the information available to it, that in directly striking the hospital and the
ambulance depot the Israeli armed forces in these circumstances violated article 18 of the Fourth
Geneva Convention and violated customary international law in relation to proportionality.
D.
Attacks on al-Wafa hospital, 5 and 16 January 2009
630. The Mission interviewed three senior doctors of al-Wafa hospital. One was Dr. Khamis
el-Essi, its Director. The two other doctors do not wish to be identified. The Mission has also
reviewed information in the public domain in relation to the various alleged attacks on the
hospital.
631. Al-Wafa hospital is located at the eastern part of al-Shujaeiyah (east Gaza City), very
close to the Israel-Gaza eastern border. It was founded in 1996 and provides long-term care to
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