A. Launching attacks from within civilian areas and from within or in the immediate vicinity of protected sites
446. The Mission investigated two incidents in which the Government of Israel alleged that Palestinian combatants had fired on the Israeli armed forces from within a United Nations protected site or its immediate vicinity in densely populated urban areas. In the case of the shelling in al-Fakhura Street by the Israeli armed forces on 6 January 2009 (chap. X), the Mission accepted, on the basis of information in the reports it had seen, the possibility of mortar attacks from Palestinian combatants in the vicinity of the school.
447. In the incident at the UNRWA compound in the neighbourhood of Rimal, in the centre of Gaza City, senior international UNRWA staff indicate that they were unaware of any sustained fire at the relevant time from anywhere in the nearby areas (chap. IX). In that case the Mission was unable to make a finding as to whether any combat activity was being conducted by Palestinian armed groups against the Israeli armed forces in that area at that time.
448. The Mission spoke with two witnesses who testified to the launching of rockets from urban areas. One witness stated seeing rockets being launched from a narrow street and from a square in Gaza City without providing further details as to when this occurred.300 A second witness told the Mission that rockets may have been fired from within the Sheikh Radwan neighbourhood north of Gaza City during the military operations in Gaza.301
449. The Mission found corroboration of these witness accounts in a number of reports from international NGOs. In reports issued following Israel’s military operations in Gaza, Amnesty International, the International Crisis Group and Human Rights Watch each determined that the rocket units of the Palestinian armed groups operated from within populated areas. Human Rights Watch and the International Crisis Group gathered reports from civilians about instances in which armed groups had launched or had attempted to launch rockets near residential areas. Human Rights Watch quoted a resident of northern Gaza as stating that, on 1 January 2009, residents of the area prevented Palestinian fighters, who they believed were preparing to launch rockets, from entering a garden next to the building in which they lived. The International Crisis Group interviewed a resident of Beit Lahia who stated that fighters used his land to fire rockets, which he did not dare to resist, as his father had previously been shot in the leg by a member of such an armed group when he had tried to prevent them from using his land as a rocket launching site. Amnesty International conducted interviews with residents of Gaza who stated that they had observed Palestinian fighters firing a rocket from a courtyard of a Government school in Gaza City at a time when the schools were closed. In another area of Gaza City, another resident reportedly showed an Amnesty International researcher a place from which a rocket had been launched, 50 metres from a residential building. Amnesty International also reported, however, that it had seen no evidence that rockets had been launched from residential houses or buildings while civilians were still in them.
450. Both the International Crisis Group and Human Rights Watch found that the practice of firing close to or within populated areas became more prevalent as the Israeli armed forces took control of the more open or outlying areas.
451. The Mission reviewed the pictures allegedly showing the launching of rockets “from within or near residential buildings, including schools, mosques and hospitals” in the Israeli Government’s paper and in several of the submissions it received. The Mission notes that it is not reasonably possible to determine whether those photographs show what is alleged. As the Israeli Government concedes, many of them refer not to the December 2008-January 2009 period, but to previous alleged instances of firing of rockets from Gaza.
452. In view of the information communicated to it and the material it was able to review, the Mission believes that there are indications that Palestinian armed groups launched rockets from urban areas. In those instances in which Palestinian armed groups did indeed fire rockets or mortars from urban areas the question remains whether this was done with the specific intent of shielding the combatants from counter-attack. The Mission has not been able to obtain any direct evidence on this question; nor do reports from other observers provide a clear answer.
453. According to the International Crisis Group, for instance, a fighter for Islamic Jihad stated in an interview that “the most important thing is achieving our military goals. We stay away from the houses if we can, but that’s often impossible”, which suggests the absence of intent. The same NGO also reports an interview with three Palestinian combatants in January 2009 in which the fighters reportedly stated that rockets and mortars were launched in close proximity to homes and alleyways “in the hope that nearby civilians would deter Israel from responding”.
https://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/a-hrc-12-48.pdf