A/HRC/12/48
page 117
trapped civilian houses were a frequently used tactic.319 According to the Israeli Government,
“because roads and buildings were often mined, IDF forces had to target them to protect
themselves”.320
463. While, in the light of the above reports, the Mission does not discount the use of booby
traps by the Palestinian armed groups, it has no basis to conclude that civilian lives were put at
risk, as none of the reports record the presence of civilians in or near the houses in which booby
traps are alleged to have been set.
C.
Use of mosques to launch attacks against the Israeli armed
forces or to store weapons
464. The Israeli Government alleges that “Hamas abused the protection accorded to places of
worship, making a practice of storing weapons in mosques”. This assertion is supported by
pictures of Israeli soldiers in a room amid weaponry, including anti-tank weapons, which are
alleged to have been taken upon discovery of a weapons cache in a Jabaliyah mosque during the
military operations.321 The Mission notes that Israeli soldiers speaking at the Rabin Academy
“Fighters’ Talk” recount coming under fire from Palestinian combatants positioned in a
mosque.322
465. Although the Mission was not able to investigate the allegation of the use of mosques
generally by Palestinian groups for storing weapons, it did investigate the incident of a missile
attack by the Israeli armed forces against al-Maqadmah mosque on the outskirts of Jabaliyah
camp, in which at least 15 people were killed and 40 injured on 3 January 2009 (see chap. XI).
The Mission found no evidence that this mosque was used for the storage of weapons or any
military activity by Palestinian armed groups. As far as this mosque is concerned, therefore, the
Mission found no basis for such an allegation. However, the Mission is unable to make a
determination regarding the allegation in general nor with respect to any other mosque that was
attacked by the Israeli armed forces during the military operations.
D.
Misuse of medical facilities and ambulances
1.
Use of hospitals for military purposes
466. The Government of Israel alleges that
Hamas systematically used medical facilities, vehicles and uniforms as cover for
terrorist operations, in clear violation of the Law of Armed Conflict. This included the
extensive use of ambulances bearing the protective emblems of the Red Cross and
319
See “The hidden dimension of Palestinian war casualties…”.
“The operation in Gaza…”, paras 184. On the destruction of civilian houses by the Israeli armed forces, see chap.
XIII.
320
“The operation in Gaza…”, para. 164. The Mission notes that there is no mention of which mosque in Jabaliyah
the pictures allegedly refer to nor of the date on which the weapons cache was found and the pictures taken.
321
322
“Fighters’ Talk” testimonies, pp. 4-5.
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