A/HRC/12/48
page 149
651. The Mission notes that the case of al-Wafa hospital demonstrates the complete
ineffectiveness of certain kinds of warnings. The information the Mission has received points
towards a kind of repetition and routine warning system taking no account at all of the realities
of the hospital.
652. As such the Mission considers that, from all the information available to it, the Israeli
armed forces violated articles 18 and 19 of the Fourth Geneva Convention as well as customary
international law as reflected in Additional Protocol I, articles 57 (2) (b) and (c).
X. INDISCRIMINATE ATTACKS BY ISRAELI ARMED FORCES RESULTING
IN THE LOSS OF LIFE AND INJURY TO CIVILIANS
A.
The shelling in al-Fakhura Street by Israeli armed forces
653. In the afternoon of 6 January at least four mortar bombs fired by Israeli armed forces
exploded near the al-Fakhura junction in the al-Fakhura area of the Jabaliyah camp in northern
Gaza.379
654. The Mission interviewed Mr. Muhammed Fouad Abu Askar on three occasions. His
brother and two sons were killed in the attack.380 It also met surviving members of the al-Deeb
family on two occasions.381 The Mission interviewed four men who had lost family members in
the attack, the Director of the UNRWA premises that were being used as a shelter for civilians
and a number of journalists who covered the story. In addition, the Mission has seen a number of
statements provided to organizations in Gaza in the form of affidavits. The Mission has also
considered to the degree possible the information available from Israeli sources on the
circumstances of the strike.
B.
The facts surrounding the Israeli armed forces’ mortar shelling
655. On 5 January 2009 UNRWA had opened the elementary school on al-Fakhura Street to
provide shelter to civilians fleeing the areas where the Israeli armed forces had entered.
656. The Mission spoke on two occasions with the Director of the shelter about its
management. He said that about 90 per cent of those in the shelter had come from outside of
Jabaliyah camp, largely from the al-Atatra area. He explained that the shelter was guarded by
Interviewees’ statements vary, asserting between four and six shells landed. The Mission saw for itself what it
assessed to be the effects of mortars that landed. The crater in the orchard beside the al-Deeb house may have been
caused by a mortar, but given the nature of the surroundings it is less easy to tell in terms of shrapnel patterns. The
Mission does not reject the possibility that more landed but was not able to inspect those sites or to come to a firm
view confirming the additional shells.
379
Mr. Abu Askar is a Hamas member. He also provided testimony at the public hearings in Gaza. He was detained
on the charge of being a member of Hamas in 1992. He is the Director-General for Religious Affairs (a voluntary
position) and is on the Dialogue Committee, organizing the pilgrimage to Mecca (Saudi Arabia). He is in charge of
the Hamas Follow-Up Committee in North Gaza related to the settlement of disputes between Hamas and other
groups in the Occupied Palestinian Territory. He has a master’s degree in education and is currently pursuing a PhD
in the Syrian Arab Republic. He denies any involvement in armed militant activities.
380
381
Two of the members of the family also presented their testimony at the public hearings in Gaza.
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