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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