A/HRC/12/48
page 137
IDF forces. The smoke projectiles were fired at an area a considerable distance
from the UNRWA headquarters, and were not intended to cause damage to either
person or property. However, it appears that fragments of the smoke projectiles did
hit a warehouse located in the headquarters, causing it to catch fire.
During the incident, claims were also made that an explosive shell or
shrapnel hit the UNRWA headquarters. The investigation showed that these were
shells, or shell fragments that were fired at military targets within the battle zone.
The damage caused to the UNRWA headquarters during the fighting in the
Tel El-Hawwa neighbourhood is the unfortunate result of the type of warfare that
Hamas forced upon the IDF, involving combat in the Gaza Strip's urban spaces
and adjacent to facilities associated with international organizations. These results
could not be predicted.
Nevertheless, it is clear that the forces did not intend, at any stage, to hit a
UN facility. Following UN complaints that an explosive shell had hit the
headquarters, the forces were ordered to cease firing explosive shells in the region
in question. Following the receipt of reports about the fire in the warehouse, all
firing in the area was stopped. The entry of fire-fighting trucks to the area was
coordinated with the IDF in order to assist in extinguishing the fire.368
574. In its report of July 2009 on the military operations, the Israeli Government explains that
the “primary rationale” for firing white phosphorous was to “produce a smokescreen to protect
Israeli forces from the Hamas anti-tank crews operating adjacent to the UNRWA headquarters”.
The report goes on to assert:
The IDF sought to maintain a safety distance of several hundred metres from
sensitive sites, including the UNRWA compound. Despite the maintenance of a
safety distance, some felt wedges and other components of the projectiles
apparently landed in the compound after the release of felt wedges in the air. The
IDF neither anticipated not intended this outcome.369
575. The Mission has a number of observations about the conclusions of the Israeli
Government. First, it does not share the circumspect or indeed understated representation of the
nature and extent of the strikes in the compound. There were ten strikes: three high explosive
shells landed and exploded in the compound; seven white phosphorous container shells
discharged completely or very substantially in the confines of a very limited space around
particularly vulnerable areas of the UNRWA compound. This is not a matter of a limited number
of wedges falling inside the compound or shrapnel or parts of shells landing in the compound as
the shells exploded elsewhere. It is important to emphasize that we are dealing with shells
exploding or discharging inside the compound in areas where hazardous material was stored.
368
http://dover.idf.il/IDF/English/opcast/postop/press/2202.htm.
369
“The operation in Gaza…”, paras. 344 and 346.
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