A/HRC/8/17
page 15
39. Media and human rights organizations reported that medical crews and ambulances were
also targeted. Reportedly, in three different incidents, ambulances and medical personnel were
fired at while trying to reach the wounded, resulting in the death of the injured. Also, a
paramedic was seriously wounded when the Israeli military fired on ambulances on their way to
reach the wounded at the site of a helicopter rocket attack.46
40. Israeli security forces claimed that Palestinian militants exploited the Palestinian
population for their purposes, namely that militants deliberately launched rockets from populated
areas; used civilian homes to hide arms and explosives manufacturing facilities; and that they
used civilians as human shields against anticipated air strikes.47 Israeli security forces also
reported that in order to avoid civilian casualties, they send warning messages before attacking
targets advising civilians to leave.48
41. Following the 27 February to 3 March 2008 operation, a relative calm prevailed for a few
weeks, with no large-scale Israeli military offensive or air strikes on Gaza, and a lesser number
of rockets and mortar shells fired by Palestinian militants into Israel. On 8 April, however, after
two Israeli civilian drivers were killed by Palestinian militants at the Nahal Oz gas terminal, the
Israeli Defense Force renewed its incursions into the northern and eastern parts of the Gaza Strip,
killing 7 Palestinians (including one 16-year-old from Gaza City) and injuring 15 others.
42. On 16 April, after an ambush opposite Kibbutz Be'eri near the border with Gaza in which
three Israeli soldiers were killed, the Israeli security forces carried out attacks on Gaza that killed
an estimated 18 Palestinians, 13 of whom were allegedly non-combatants. In one of the strikes, a
Reuters cameraman and three other persons, two of whom were minors,49 were killed by a tank
shell (the first while filming the tank and two while cycling nearby the journalists’ car, which
was clearly marked with a “Press” sign). Human rights organizations alleged, based on
46
Al-Mezan Centre for Human Rights: Report on IOF’s Operation Warm Winter in the
Gaza Strip (27 February-3 March, 2008), March 2008.
47
http://www.mfa.gov.il/MFA/Terrorism-+Obstacle+to+Peace/Hamas+war+against+Israel/
Hamas+exploitation+of+civilians+as+human+shields+-+Photographic+evidence.htm.
48
A similar conduct of hostilities was witnessed during the war in Lebanon in 2006. As the
Special Rapporteur on extrajudicial, summary or arbitrary executions stated in the report
following the mission to Lebanon, “Israel’s responsibility to distinguish between combatants and
civilians is in no way discharged by warning civilians that they will be targeted. Warnings are
required for the benefit of civilians, but civilians are not obligated to comply with them. A
decision to stay put - freely taken or due to limited options - in no way diminishes a civilian’s
legal protections. It is categorically and absolutely prohibited to target civilians not taking a
direct part in hostilities”.(A/HRC/2/7), para. 41, p. 10.
49
PCHR identified them as Ahmed ‘Aaref Farajallah, 14, Ghassan Khaled Abu ‘Otaiwi, 17, and
Khalil Isma’il Dughmosh, 22.
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