A/HRC/12/48 page 188 question was caused not by a bullet but by a small missile. Approximately 10 minutes later, at around 5.45 a.m. the al-Daya family house was hit by a projectile from an F-16 aircraft. 850. Twenty-two members of the al-Daya family inside the house were killed.469 851. The Mission interviewed a number of neighbours. Each one of them said they had not received any warning call from the Israeli forces prior to the strike on the al-Daya house and confirmed that no other house in the street was struck after the al-Daya house had been hit. 852. Owing to the location of the house and the narrow street access it took several hours before neighbours were able to dig through the rubble. One brother, Radwan al-Daya, was pulled out of the debris alive and taken to the hospital with the help of a PRCS worker who lived near the al-Daya house. He died three days later having suffered severe asphyxiation. Several bodies were recovered only after the withdrawal of the Israeli armed forces. 2. The Israeli position 853. On 22 April 2009 the Israeli armed forces issued the following statement: […] The Al-Daia family residence in the Zeitoun neighbourhood in the city of Gaza (January 6th, 2009) – the incident in question was a result of an operational error with unfortunate consequences. The investigation concluded that the IDF intended to attack a weapons storage facility that was located in the building next to the Al-Daia family residence. It appears that following an error, the structure that was planned to be attacked was the Al-Daia residence rather than the building containing the weapons.470 854. In July 2009 the Israeli Government stated the following: The IDF has concluded that this tragic event was the result of an operational error. An investigation determined that the IDF intended to strike a weapons’ storage facility located in a building next to this residence. However, the IDF erroneously targeted the Al-Daia residence, rather than the weapons storehouse. Although the IDF did provide warning shots to the roof of the Al-Daia residence, other warnings (such as the warning phone call) were made to the building actually containing the weapons, not the Al-Daia residence. The IDF is examining how the unfortunate operational error occurred, in order to reinforce safeguards and to prevent its recurrence. Israel deeply regrets the tragic outcome. This is the kind of mistake that can occur during intensive fighting in a crowded environment, against an enemy that uses civilian neighbourhoods as cover for its operations. IDF forces did not intentionally target civilians. This lack of unlawful intent These included the wife of Muhammad al-Daya (one of the surviving family members), their three daughters and one son, all under seven, who were crushed under the rubble of the house. Most of them were asleep at the time of the attack. Others killed included Fayez al-Daya and his wife; Iyad al-Daya and his wife Rawda, their three daughters and three sons, all under 10; Ramez al-Daya, his wife Safa, and their six-month-old daughter and twoyear-old son; two sisters, Raghdah and Sabrine, and Radwan al-Daya. 469 470 “Conclusions of investigations…”, annex C.