A/HRC/12/48 (ADVANCE 1)
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phase of the military operations. The Mission also examined the practice of dropping lighter
explosives on roofs (so-called roof knocking). It concludes that this technique is not effective as
a warning and constitutes a form of attack against the civilians inhabiting the building. Finally,
the Mission stresses that the fact that a warning was issued does not relieve commanders and
their subordinates of taking all other feasible measures to distinguish between civilians and
combatants.
38. The Mission also examined the precautions taken by the Israeli armed forces in the context
of three specific attacks they launched. On 15 January 2009, the field office compound of the
United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) in
Gaza City came under shelling with high explosive and white phosphorous munitions. The
Mission notes that the attack was extremely dangerous, as the compound offered shelter to
between 600 and 700 civilians and contained a huge fuel depot. The Israeli armed forces
continued their attack over several hours despite having been fully alerted to the risks they
created. The Mission concludes that the Israeli armed forces violated the requirement under
customary international law to take all feasible precautions in the choice of means and method of
attack with a view to avoiding and in any event minimizing incidental loss of civilian life, injury
to civilians and damage to civilian objects.
39. The Mission also finds that, on the same day, the Israeli armed forces directly and
intentionally attacked al-Quds hospital in Gaza City and the adjacent ambulance depot with
white phosphorous shells. The attack caused fires which took a whole day to extinguish and
caused panic among the sick and wounded who had to be evacuated. The Mission finds that no
warning was given at any point of an imminent strike. On the basis of its investigation, the
Mission rejects the allegation that fire was directed at the Israeli armed forces from within the
hospital.
40. The Mission also examined the intense artillery attacks, again including white phosphorous
munitions, on al-Wafa hospital in eastern Gaza City, a facility for patients receiving long-term
care and suffering from particularly serious injuries. On the basis of the information gathered,
the Mission found a violation of the prohibition of attacks on civilian hospitals in both cases. The
Mission also highlights that the warnings given by leaflets and pre-recorded phone messages in
the case of al-Wafa hospital demonstrate the complete ineffectiveness of certain kinds of routine
and generic warnings.
6.
Indiscriminate attacks by Israeli forces resulting in the loss
of life and injury to civilians
41. The Mission examined the mortar shelling of al-Fakhura junction in Jabaliyah next to a
UNRWA school, which, at the time, was sheltering more than 1,300 people (chap. X). The
Israeli armed forces launched at least four mortar shells. One landed in the courtyard of a family
home, killing 11 people assembled there. Three other shells landed on al-Fakhura Street, killing
at least a further 24 people and injuring as many as 40. The Mission examined in detail
statements by Israeli Government representatives alleging that the attack was launched in
response to a mortar attack from an armed Palestinian group. While the Mission does not
exclude that this may have been the case, it considers the credibility of Israel’s position damaged
by the series of inconsistencies, contradictions and factual inaccuracies in the statements
justifying the attack.
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