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
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