A/HRC/12/48
page 186
3.
Factual findings
834. The Mission has established that the Israeli armed forces fired a missile that struck near
the doorway of the mosque. The penetration pattern witnessed on the concrete ramp and stairs
underneath is consistent with that which would be expected of a shrapnel fragmentation sleeve
fitted onto an air-to-ground missile. Shrapnel cubes that the Mission retrieved from the rear
inside wall of the mosque are consistent with what would be expected to be discharged by a
missile of this nature.463
835. The strike killed at least 15 people attending the mosque for prayers and very seriously
injured several others.
836. The Mission is not in a position to say from which kind of aircraft or air-launch platform
the missile was fired. It believes the testimony of the witnesses regarding the circumstances of
the attack, finding it plausible and consistent not only with the other witnesses, but also with the
physical evidence at the scene. The Mission also notes that a number of local organizations sent
representatives to the site of the attack very shortly after it occurred and they witnessed the scene
for themselves. The Mission has also spoken with them and notes that their accounts are
consistent with the testimony provided by the witnesses it heard.
837. There has been no suggestion that the al-Maqadmah mosque was being used at that time
to launch rockets, store weapons or shelter combatants.464 Since it does not appear from the
testimonies of the incident or the inspection of the site that any other damage was done in the
area at that time, the Mission concludes that what occurred was an isolated strike and not in
connection with an ongoing battle or exchange of fire.
4.
Legal findings
838. In the absence of any explanation as to the circumstances that led to the missile strike on
al-Maqadmah mosque and taking into account the credible and reliable accounts the Mission
heard from multiple witnesses, as well as the matters it could review for itself by visiting the site,
the Mission concludes that the mosque was intentionally targeted by the Israeli armed forces.
The Mission also takes into account the precision and sophistication of the Israeli armed forces’
munitions in making this finding.
839. The Mission’s finding is strengthened in the face of the unsatisfactory and demonstrably
false position of the Israeli Government.
840. It follows that this was an attack on the civilian population as such and not on a military
objective.
The Mission considers it possible in analysing the information available that the missile in question may have
been a modified high-explosive anti-tank missile, sometimes referred to as either augmented high-explosive antitank (AHEAT) or high-explosive dual-purpose (HEDP).
463
464
See, for example, statements made by Israel in “The operation in Gaza…”, para. 234.
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