A/HRC/12/48
page 187
841. Based on the facts ascertained, the Mission finds that the Israeli armed forces have
violated the prohibition under customary international law that the civilian population as such
will not be the object of attacks as reflected in article 51 (2) of Additional Protocol I.
842. Based on those facts, the violations also constitute a grave breach of the Fourth Geneva
Convention in respect of wilful killings and wilfully causing great suffering to protected persons.
843. The Mission also finds that the State of Israel would be responsible for the arbitrary
deprivation of the right to life, in relation to article 6 of the International Covenant on Civil and
Political Rights, of those killed.
F.
The attack on the al-Daya family house, 6 January 2009
1.
The facts gathered by the Mission
844. On 6 January 2009, the al-Daya Family house located on al-Rai’i Street in Zeytoun, southeast of Gaza City, was struck by a projectile fired from an F-16 aircraft which killed 22 members
of the family. Twelve of those killed were children under 10.
845. In June 2009, the Mission visited the site of the incident where it interviewed two of the
four surviving members from the al-Daya family and a number of local residents.465 Further
inquiries and interviews were conducted in late July with neighbours of the al-Daya family.
846. The al-Daya house was a four-storey building with seven apartments owned by Fayez
Musbah al-Daya. Each apartment was occupied by one of his seven sons, some married and
living with their own families, and two unmarried daughters.
847. The Israeli armed forces reached Zeytoun on 3 January. Witnesses interviewed by the
Mission said that the Israeli armed forces dropped leaflets in the area instructing people not to
support Hamas and to provide the Israeli armed forces with information, at a given number, on
military activities in the neighbourhood, including details of weapon facilities.466
848. Witnesses mentioned that a rumour had circulated that the Israeli forces were going to
bomb a house in the neighbourhood, which led several families to leave their homes.467 A few
families chose to stay, including the remaining members of the al-Daya family and five other
families.468
849. On the morning of 6 January, at around 5.35 a.m. a missile was reportedly fired in the
vicinity of the al-Daya house, close to the Hassan al-Banna mosque, which killed an elderly man.
Witnesses stated that the strike occurred shortly after the morning prayers had ended and when
the man was on his way home. The same witnesses confirmed that the death of the man in
465
Muhammad Fayez al-Daya, Rida Fayez al-Daya, Aimer al-Daya and Hafez al-Daya.
466
Mission interviews with Muhammad Salam al-Ra’i, Deeb al-Ra’i, Faraj al-Ra’i and Rida al-Daya, July 2009.
467
Those who left included the eldest son of the al- Daya family, Nafez al-Daya, his wife and seven children.
The families of Zuher al-Ra’i (an estimated 16 people), Faraj al-Ra’i (an estimated 15 people), Jumaa al-Ra’i
(an estimated 7 people), Mahmoud al-Hindi (an estimated 4 people) and Shawqi Sa’d.
468
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