A/HRC/12/48
page 173
767. The others scrambled back to the al-Safdi family house, and managed to take shelter
behind a shack next to it and later inside the house. Members of the Hajjaj family called PRCS
for help with the evacuation of Majda and Rayya Hajaj’s bodies. PRCS in turn contacted ICRC.
The Israeli armed forces denied ICRC access to Juhr ad-Dik on the ground that the area had been
declared a military zone.427 The two families spent the remainder of the day and the night
sheltering under the staircase in the al-Safdi house, while the Israeli armed forces continued to
direct shell and machine-gun fire at the house. The following day they walked to Gaza City by a
different, circuitous route. The Hajaj family found the bodies of Majda and Rayya Hajaj under
the rubble when they were able to return to Juhr ad-Dik on the evening of 18 January 2009.
8.
Factual findings
768. The Mission found the witnesses interviewed to be credible and reliable. It has no reason
to doubt the veracity of their testimony.
769. The Mission finds that Majda and Rayya Hajaj were part of a group of civilians moving
with white flags through an area in which there was, at the time, no combat. Moreover, the
Israeli armed forces had, according to witnesses interviewed by the Mission, called over local
radio on the civilian population of Juhr ad-Dik to evacuate their homes and walk towards Gaza
City. In the light of these reported circumstances, and particularly considering that the civilians
were at a distance of more than 100 metres from them, the Israeli soldiers could not have
perceived an imminent threat from the movement of people in that area, as they would have
expected the civilians to respond to the call for evacuation. The Mission, therefore, finds the
shooting and killing of Majda and Rayya Hajjaj a deliberate act on the part of the Israeli soldiers.
9.
The shooting of Amal, Souad, Samar and Hajja Souad Abd Rabbo
770. The Mission visited the site of the shooting of Amal, Souad, Samar and Hajja Souad Abd
Rabbo and interviewed an eyewitness, Mr. Khalid Abd Rabbo, on site. Khalid and Kawthar Abd
Rabbo gave their testimony at the public hearing in Gaza on 28 June 2009. The Mission also
reviewed sworn statements from two additional witnesses it was not able to interview in
person.428
771. The family of Khalid Abd Rabbo and his wife Kawthar lived on the ground floor of a
four-storey building in the eastern part of Izbat Abd Rabbo, a neighbourhood east of Jabaliyah
inhabited primarily by members of their extended family. Khalid Abd Rabbo’s parents and
brothers with their families lived on the upper floors of the house. The residents of Izbat Abd
Rabbo started hearing the sound of shooting and of the Israeli ground incursion in the evening of
3 January 2009. Khalid Abd Rabbo’s family decided to stay inside the house, all gathered on the
ground floor, as they had done safely during previous Israeli incursions into the neighbourhood.
772. In the late morning of 7 January 2009, Israeli tanks moved onto the small piece of
agricultural land in front of the house. Shortly after 12.30 p.m., the inhabitants of that part of
Izbat Abd Rabbo heard megaphone messages telling all residents to leave. According to one
427
PRCS records confirm the ICRC requests to the Israeli armed forces to be allowed access to Juhr ad-Dik.
428
Affidavits of W5 and W6.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents