A/HRC/12/48
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476. The Mission’s attention has been drawn to a well-known incident in which women and
children followed calls to gather on the roof of the house of a Palestinian man who had been
informed by the Israeli authorities that his house would be targeted. This incident has been
documented in video footage in the public domain332 and is referred to in submissions received
by the Mission as evidence of the use of human shields. The Mission notes, however, that the
incident occurred in 2007. No such incidents are alleged by the Israeli Government with regard
to the military operations that began on 27 December 2008. The Mission received no reports of
such incidents from other sources. On the contrary, in one case investigated by the Mission,333
a Hamas official received a phone call from the Israeli armed forces to the effect that his house
would soon be targeted. He evacuated the house with his family and alerted the neighbours to the
imminent threat so that they, too, were able to leave their homes before the missile did indeed
strike.
477. The Mission is also aware of the public statement by Mr. Fathi Hammad, a Hamas
member of the Palestinian Legislative Council, on 29 February 2009, which is adduced as
evidence of Hamas’ use of human shields. Mr. Hammad reportedly stated that
… the Palestinian people has developed its [methods] of death seeking. For the Palestinian
people, death became an industry, at which women excel and so do all people on this land:
the elderly excel, the mujahideen excel and the children excel. Accordingly, [Hamas]
created a human shield of women, children, the elderly and the mujahideen, against the
Zionist bombing machine.334
478. Although the Mission finds this statement morally repugnant, it does not consider it to
constitute evidence that Hamas forced Palestinian civilians to shield military objectives against
attack. The Government of Israel has not identified any such cases.
F.
Mingling with the civilian population to shield combatants against attack
479. When military operations take place in areas in which civilians are present, the importance
of military dress and distinctive signs to distinguish combatants from civilians is all the greater.
The Mission notes that only one of the incidents it investigated clearly involved the presence of
Palestinian combatants. In that incident, the witness told the Mission that three fighters trapped
in his neighbour’s house were “wearing military camouflage and headbands of the al-Qassam
Brigades”.335
480. Reports on the military operations by NGOs suggest that in general members of
Palestinian armed groups did not wear military uniforms. One report states that after the
destruction caused by the Israeli air strikes at the start of the military operations, members of al-
332
See http://switch3.castup.net/cunet/gm.asp?ai=58&ar=StandingOnRoof-V&ak=null.
333
See the case of Mr. Abu Askar in chapter X.
“The operation in Gaza…”, para. 186. A video recording of this speech is available at http://www.youtube.com/
watch?v=ArJbn-lUCh4.
334
335
See the case of Mr. Majdi Abd Rabbo in chapter XIV.
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