A/HRC/9/26
page 13
40. This view is in conflict with the information received by the mission. Numerous sources
show that 12 shells hit the area around Hamad Street, possibly 13. The mission received no
evidence of shelling in a field near Beit Hanoun before the shelling, which resulted in casualties.
Indeed testimonies indicate that, just before the shelling, the majority of Beit Hanoun residents
were sleeping or at prayer, which would have been quite abnormal if heavy artillery fire had
been directed just 450 metres away from the residential area. Furthermore, investigations carried
out by the explosive ordnance disposal unit of the Palestinian Police and presented to the mission
suggest that six 155 mm artillery shells were fired from a location to the east of Beit Hanoun,
and another six from a separate location to the south-east, suggesting the attack was not
conducted from one single artillery battery, as reported by the Israeli military, but two.
41. Victims and survivors interviewed by the mission are seeking an explanation for the
shelling, a common refrain being “why did this happen to us?” Many expressed doubts as to
claims that they had been shelled in error. More than one remarked that they “could believe one
shell fired in error but not 12”. Others indicated that the level of Israeli monitoring of
Beit Hanoun (including by unmanned aerial drones as witnessed by the mission) is such that an
error of this magnitude is highly unlikely. Yet another survivor juxtaposed the alleged 450-metre
error in the Beit Hanoun shelling with the precision with which the Israeli military carry out
targeted assassinations in the occupied Palestinian territories. Others noted that an error
of 450 metres would have placed Israeli soldiers at the nearby Erez crossing at risk of shelling, a
risk survivors felt the Israeli military would not take.
42. The mission strongly endorses the position put forward by others, particularly human
rights organizations, that the use of artillery in urban areas, especially in densely populated urban
settings such as Gaza, is wholly inappropriate and likely contrary to international humanitarian
and human rights law. The risks of this practice were compounded by the reported reduction by
the Israeli military of the “safety zone” for artillery shelling from 300 to 100 metres earlier
in 2006. The 155 mm artillery shells fired on Beit Hanoun have an expected lethal radius of 50
to 150 metres and a casualty radius of up to 300 metres. Firing such a shell within 100 metres of
civilians appears to the mission almost certain to cause casualties at one time or another. In
litigation by human rights groups against the safety-zone reduction, it was reported that Israeli
military officers “admitted that the new regulations put Palestinian lives at risk but insisted it
would help strike back at Palestinian militants launching rockets at Israeli civilians”.26
IV. VICTIMS AND SURVIVORS
43. The mission’s core mandate was to assess the situation of victims and the needs of
survivors. While recognizing that all Gazans are victims of the occupation and live with the
constant disruptions to life caused by the realities of Israeli control, fear of attack and
humiliation, the mission focused on the specific situation of victims of the Beit Hanoun shelling,
as required by its mandate. There were many more victims than the 19 killed in the shelling. In
identifying victims, the mission was guided by the definition of the Basic Principles and
26
Haaretz, “IDF accused of ‘knowingly risking Palestinian lives’”, 17 April 2006. The article
quoted an unnamed military officer as saying, “We have no way of ensuring that civilians will
not be hurt in the next shelling”.
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