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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