A/HRC/12/48 page 153 Regarding the UNRWA school in Jabaliya, the Fahoura school, the investigation concluded that the IDF used minimal and proportionate retaliatory fire, using the most precise weapons available to them. Hamas made this necessary, as it fired mortar shells at Israeli forces 80 metres from the school. Additionally, it was concluded that all of the shells fired by IDF forces landed outside of the school grounds.388 673. In July 2009 the Israeli Government stated: Soon after the source of fire was detected, a scouting unit was dispatched to confirm the location. Approximately 50 minutes after the mortar attack had begun, two independent sources cross-verified the location of the mortars. Only subsequent to this, and after verification of a safety margin of at least 50 metres between the target (i.e. the identified source of the mortar fire) and the UNRWA school, did the force respond to the ongoing barrage, by using the most accurate weapon available to it – 120-mm mortars.389 D. Other reports 674. The Mission carried out nine interviews with people who were present in al-Fakhura Street, in the al-Deeb yard or in the UNRWA school. No witness stated that he had heard any firing prior to the Israeli armed forces’ mortars landing. On the other hand, the Mission is aware of at least two reports that indicate local residents had heard such fire in the area.390 675. The Mission notes that the statement of the Israeli armed forces on 22 April did not indicate where the Hamas fire came from, only stating it was 80 metres away. The Mission finds it difficult to understand how the Israeli armed forces could have come to this view without having the information at the same time that Hamas operatives had been firing mortars for almost one hour. It regards these new allegations as lacking credibility. However, the Mission accepts, for the purposes of this report, that some firing may have occurred that gave rise to the Israeli armed forces’ response. 676. It seems clear to the Mission that Israel’s Government developed a position justifying the striking of an UNRWA school as a result of the immediate outcry generated by initial erroneous reports that the school had been hit. That effort included a number of statements, in particular those by Mr. Regev and Major Leibovich, which turned out to be erroneous. 677. The Mission notes the comment of Colonel Moshe Levi in The Jerusalem Post on 15 February 2009 casting doubt on the numbers of dead noting that Israeli surveillance saw only 388 http://dover.idf.il/IDF/English/News/today/09/4/2201.htm. 389 “The operation in Gaza…”, para. 338. One report comes from the Associated Press, whose sources insisted on anonymity. The other is by a correspondent of the British Channel 4 News programme who reports that locals told him “militants had been firing rockets” at the Israeli armed forces and were running down the street to get away. See Jonathan Miller, "Why UN 'reversal' over Gaza school should be treated with caution". Channel 4, 5 February 2009, available at: http://www.channel4.com/news/articles/world/middle_east/why+un+reversal+over+gaza+school+should+be+treate d+with+caution/2924657. 390

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents