A/HRC/36/55 55. The United States Central Command stated that F-15 aircraft had struck the building adjacent to the prayer hall with 10 bombs, that an MQ-9 drone had fired two missiles at targets who had emerged from the building, and that the weaponry chosen had been designed to avoid collateral damage. It added that the team had had information on the target three days prior to the attack but had not begun target planning until the day of the strike. It also acknowledged that the team had failed to identify the religious nature of the buildings, admitting that that had been a preventable error. Finally, it found irregularities in changeovers of teams on shift, which had “contributed to a lack of situational awareness, knowledge and understanding among the strike cell individuals”.12 56. Investigations into events surrounding the air strikes were initially focused on establishing whether a lawful target existed. The Commission collected satellite imagery and photos taken of the site, which confirmed the assessment of the United States Central Command that the weaponry used was intended to avoid collateral damage. Based on bomb fragments found at the scene, the Commission determined that the affected structure had been hit by numerous aerial bombs. An assessment of fragments found at the site, photos, satellite imagery and witness testimony reveal that up to eight GBU-39s (guided bomb units) and other munition were used. While only GBU-39 fragments were found, based on crater depth it is likely that two 500-pound joint direct attack munitions, with delay fuses, were also used. Delay fusing is used to contain collateral effects, as the bomb would detonate underground, collapsing a structure while keeping blast and fragmentation localized. 57. The GBU-39, used to target specific parts of a building, is a low-yield bomb with minimal blast and fragmentation. It was used to destroy the target with minimal collateral damage to the surrounding area, including the adjacent prayer hall. A follow-on strike using two Hellfire missiles killed individuals fleeing the mosque. Indeed, Hellfire missile fragments were found outside the site, and fragmentation patterns on the road are consistent with a Hellfire missile containing a fragmentation sleeve around the warhead. 58. Omar Bin al-Khatab mosque is part of a larger religious complex, which includes a service building adjacent to a prayer hall used for religious gatherings. Interviewees described it as the largest mosque in Al-Jinah and surrounding villages, and well-known in the area. Witnesses further identified the service building as the one directly hit by the air strikes. Apart from meeting rooms, the service building contained a kitchen to prepare meals for worshippers, a dining area and bathrooms. Interviewees referred to the service building as part of the mosque, and indeed such buildings are essential to the functionality of mosques, which commonly serve as community education and social centres for worshippers. 59. Most of the residents of Al-Jinah, relatives of victims and first responders interviewed by the Commission stated that on the evening in question, a religious gathering was being hosted in the mosque’s service building. This was a regular occurrence at the mosque attended by hundreds of congregants: every Thursday, worshippers gathered for sunset prayer, a religious lesson followed by nightly prayer, and a meal. The air strikes hit the service building at approximately 6.55 p.m., just as the religious lesson was concluding and the meal was being prepared. The nightly prayer was scheduled to begin 15 minutes later. Interviewees described how several air strikes hit the centre of the building, causing it to implode. With the exception of 2 survivors, all others, estimated to be at least 15, who were in the kitchen or bathrooms, were killed. As people attempted to flee through the western door, a drone fired two missiles, killing them in the streets. 60. In this instance, the service building was part of the mosque complex and was being used for religious purposes. Mosques are protected objects under international humanitarian law. Protected objects may not be made the object of attack unless used for military purposes, which would be the case if an Al-Qaida meeting, with regional leaders present, was in fact taking place. The United States Central Command has not released any details proving this was the case. Further, information gathered by the Commission does not support the claim that any such meeting was being held at that time. Interviewees described 12 12 Ibid.

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