A/HRC/9/26
page 11
32. At least five injured victims of the attack on 8 November were referred to different Israeli
hospitals for treatment not available in Gaza; three more were transferred to Cairo via an arduous
journey across the Sinai.
33. Reactions to the news of the shelling were swift, with condemnations from the
Palestinian Authority, the Secretary-General,16 the United Nations High Commissioner for
Human Rights,17 and aid agencies operating in Gaza,18 as well as Member States. In addition to
the special session of the Council at which resolution S-3/1 was adopted, on 30 November 2006,
the General Assembly adopted resolution ES-10/16, in which it deplored Israeli military assaults
on the Gaza Strip, in particular the killing of many Palestinian civilians in Beit Hanoun. The
Assembly requested the Secretary-General to establish a fact-finding mission on the attack. The
fact-finding mission has never been conducted.
C. The Israeli response and explanations for the shelling
34. Following the shelling, the Prime Minister and Minister for Defense of Israel “expressed
their regret over the deaths of Palestinian civilians in Beit Hanoun” and offered “urgent
humanitarian assistance and immediate medical care for the wounded”.19 The Israeli military
similarly expressed regret but stressed that “the responsibility for this rests with the terror
organizations, which use the Palestinian civilian population as a ‘human shield’, carrying out
terror attacks and firing Kassam rockets at Israeli population centres from the shelter of
populated areas”.20 The Minister for Foreign Affairs said that “unfortunately, in the course of
battle, regrettable incidents such as that which occurred this morning do happen”.21
35. On 8 November 2006, Israel announced an inquiry into the shelling of Beit Hanoun earlier
that day, intimating that the shells were not fired on civilian areas of Beit Hanoun intentionally
but rather as a result of some technical error.20 Use of artillery in Gaza was halted pending the
outcome of an investigation. It has been reported to the Mission that artillery has not been used
in Gaza since 8 November 2006.
36. The Israeli military appointed an internal investigation committee of military staff headed
by a senior officer.20 Some 15 months after the shelling, the committee presented its findings to
16
Statement of the Secretary-General, 8 November 2006.
17
United Nations press release, “In Gaza Strip, UN human rights chief decries ‘massive’
violations against civilians”, 20 November 2006.
18
BBC, “Aid agencies condemn Gaza carnage”, 9 November 2006.
19
IMFA communiqué, 8 November 2006, “PM Olmert and DM Peretz express regret at death of
Palestinian civilians”.
20
Ibid., “Initial reaction to Palestinian claims of civilian casualties in Beit Hanoun”.
21
Ibid., “Beit Hanoun: statement by FM Livni”.
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