middle: House's side and front entrances visible. Right: damage to garage and side entranceLegal note: The use of civilians as ‘human shields’The Israel Defence Forces Manual on the Laws of War (1998) states that it isprohibited to exploit the presence of prisoners to render military objectives immunefrom attack. 25 Israel, Laws of War in the Battlefield, Manual, Military Advocate GeneralHeadquarters, Military School, 1998, pp. 52 and 57.The Israel Defence Forces Manualon the Rules of Warfare (2006) states that, in the rules of war, there is a seriousprohibition on the use of civilians as human shields. 26 Israeli case law also includesrulings prohibiting the use of civilians as human shields. 27International humanitarian law prohibits the use of civilians as human shields. 28 TheInternational Criminal Tribunal for the former Yugoslavia has held that using a civilianas a human shield may constitute cruel and/or inhuman treatment and an outrageupon personal dignity, as prohibited by common Article 3 and the grave breachesregime of the 1949 Geneva Conventions. 29The methods described by Ramadan Qdeih at Para 10 above involved a combinationof methods of coercion, during which civilians were forced to act as human shields25Cited in the ICRC’s online resource Customary IHL, ‘Israel: Practice Relating to Rule 97. Human Shields’, available at https://www.icrc.org/customary-ihl/eng/docs/v2_cou_il_rule97 , accessed 17 Nov 2014.26Ibid.27In its judgment in HCJ 3799/02 Adalah et al v OC Central Command (Neighbour Procedure) in 2005, Israel’s High Court ofJustice stated: [I]t is clear that an army … is not permitted to use local residents as a “human shield”.28See article 28 of IV Geneva Convention Relative to the Protection of Civilian Persons in Time of War 1949 and Article 51(7) ofThe First Protocol [1977] Additional Protocol I.29Kordic and Cerkez, (Trial Chamber), February 26, 2001, paras. 256, 265; Kvocka et al., (Trial Chamber), November 2, 2001, para.161; Aleksovski, (Trial Chamber), June 25, 1999, para. 229.94
for Israeli armed forces while suffering threats of death, violence, constraints onmovement and restriction of basic necessities.The FFM teams conclude that the severe pain and suffering described above in thetestimony of Ramadan Qdeih, and his use as a human shield, engage the internationalhumanitarian law prohibition of human shields, and the prohibition of cruel and/orinhuman treatment, and outrages upon human dignity, as codified in common Article3 and the grave breaches regime of the 1949 Geneva Conventions. 30 The resultantpain and suffering also meets the definitions of torture in the Tokyo Declaration ofthe World Medical Association. 31In addition, regarding suspicions voiced above regarding use of evacuating medicalteams as human shields, if confirmed, such practices are likely to be a seriousviolation of IHL: Under no circumstances may medical units be used in an attempt toshield military objectives from attack. 32ConclusionThe incidents recorded at Khuza’a are in general indicative of several violationsof human rights and international humanitarian law, stemming from actionsand decisions by multiple levels of the chain of military command: from heavybombardments of civilian neighbourhoods, which must have entailed approval fromtop-level decision-makers, through denial of medical care and attacks on medicalevacuation, despite repeated coordination attempts and eye-contact between forceson the ground and the injured persons, to shooting of civilians at short and mediumrange by individual soldiers using light arms, and finally to abuse and ill-treatmentduring occupation of residential buildings, including the use of civilians as humanshields and practices that could amount to Cruel, Inhuman or Degrading Treatment(CIDT). No less serious was the prevention of prompt access of external investigatorsto the site. In some senses the events at Khuza’a can be said to epitomise the failingsof Israeli policy and practice in the course of this armed conflict in Gaza.30See Article 3 GC IV, and Article 147 GCIV.31WMA Declaration of Tokyo - Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatmentor Punishment in Relation to Detention and Imprisonment Adopted by the 29th World Medical Assembly, Tokyo, Japan,October 1975 and editorially revised by the 170th WMA Council Session, Divonne-les-Bains, France, May 2005 and the 173rdWMA Council Session, Divonne-les-Bains, France, May 2006. The UN Manual on Effective Investigation and Documentation ofTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment, published by the Office of the High Commissionerfor Human Rights and commonly known as the Istanbul Protocol, lists examples of torture methods in its section, ‘G. Reviewof torture methods’, including, inter alia, “(b) Positional torture… prolonged constraint of movement, forced positioning; (n)…restriction of sleep, food, water, toilet facilities, bathing, activities, medical care…; (p) Threats of death, harm to family… mockexecutions.” See section G. Review of torture methods, at p.29. Available at http://www.ohchr.org/documents/publications/training8rev1en.pdf , accessed 17 Nov 2014.32Additional Protocol I, Art 12(4)95
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Gaza, 2014Findings of an independen
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TABLE OF CONTENTS611131516181820222
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There״ was a call for help in a ho
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Meetings and site visits were held
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RecommendationsThe FFM• Calls upo
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Part AIntroduction and Methodology1
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1.2 Composition of the fact-finding
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Louis Reynolds, South Africa (LR)Re
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Meetings and site visits were held
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of their injuries or were either mi
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The FFM teams acquired an overview
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4. Writing and editing of this repo
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Part BFindings and Key Concerns1.Ty
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It is difficult to estimate the exa
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Buses destroyed in the attack on Mu
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Location of incident leading to pat
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2.2 ’No safe place’According to
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intense attacks during the air phas
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In two cases the team was told of w
- Page 44 and 45: advising him that he had ‘five mi
- Page 46 and 47: Injured paramedic Akram Al Awoor, A
- Page 48 and 49: These cases are a clear example of
- Page 50 and 51: Damage to Shuhada' Al Aqsa Hospital
- Page 52 and 53: Casualties arrive at Shifa Hospital
- Page 54 and 55: Bomb fragment shown to first FFM te
- Page 56 and 57: evacuation took 15-30 minutes; in 1
- Page 58 and 59: her wound after arrival at Maqassad
- Page 60 and 61: According to several patient interv
- Page 62 and 63: According to the ambulance drivers,
- Page 64 and 65: the level of violence and threat in
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- Page 70 and 71: Dr. Kamal Qdeih, of Khuza’a in Kh
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- Page 76: PART CKhuza’a - Focusand site vis
- Page 80 and 81: during the events. She also met Iya
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- Page 84 and 85: were so close to the civilian popul
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- Page 90 and 91: On 24 July 2014 at about 09:00, mos
- Page 92 and 93: Bullet hole A in front door of Muha
- Page 96: PART DConclusions andRecommendation
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- Page 105 and 106: 1.1 Erez areaWBBJ1 (MED4)Patient: S
- Page 107 and 108: 1.2 Beit Hanounof ambulances ahead
- Page 109 and 110: 1.2 Beit HanounHome address: Beit H
- Page 111 and 112: 1.3 Beit LahiyaEJJ19Image by PHR-Is
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- Page 115 and 116: 1.3 Beit LahiyaThere was no fightin
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- Page 119 and 120: 1.4 Jabalia Refugee Camprehabilitat
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- Page 123 and 124: 1.5 Jabaliarespiratory compromise d
- Page 125 and 126: 1.5 JabaliaEJM9Image by PHR-Israel,
- Page 127 and 128: 1.5 JabaliaOthers killed/injured in
- Page 129 and 130: 1.5 JabaliaInjuries: Broken knee ca
- Page 131 and 132: 1.5 JabaliaCrossing they underwent
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- Page 135 and 136: 2.1 Al TuffahNo warning was given t
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- Page 139 and 140: 2.1 Al TuffahAge: 38Witness: TR [Na
- Page 141 and 142: 2.2 Al Shati Refugee CampLocation o
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2.3 Shuja’iyashe underwent left f
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2.3 Shuja’iyaProgramme and an int
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2.3 Shuja’iyaA near-by house was
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2.3 Shuja’iyaCircumstances of inj
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2.5 Al NaserWBN3Image by PHR-Israel
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2.6 Gaza Beach & PortInjuries: Brai
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2.7 Othertaken by private car to Sh
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2.7 Other43,000 (about $11,000). Is
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2.7 Otherfourth floor of a 9-story
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3.Central Gaza / Middle Area163
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3.2 Bureij Refugee CampImage by Ali
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3.2 Bureij Refugee Campdespite the
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3.2 Bureij Refugee CampEJM4Patient:
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3.3 Deir Al Balahthe same tank miss
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3.3 Deir Al Balahdamaged but habita
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3.3 Deir Al Balahare deep black. A
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3.3 Deir Al BalahJ6 (MED5)Patient:
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3.3 Deir Al Balahand arrived in Amm
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3.3 Deir Al Balahpatient who was se
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4.1 Khan YounisEJJ5Patient: YA [Min
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4.1 Khan Younisresponsive to verbal
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4.1 Khan YounisCircumstances of inj
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4.1 Khan Younissurgical procedures,
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4.1 Khan Younispatient and her fami
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4.1 Khan YounisEvacuation and care
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4.1 Khan Younisremained in the Euro
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4.2 Khuza’aComments on displaceme
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4.1 Khan Younishusband went to Khan
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4.2 Khuza’acheckpoint. According
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5.Southern Gaza / Rafah203
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5.1 Rafahpatient’s home was struc
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5.1 Rafahinterview heavy breathing,
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5.1 RafahCircumstances of injury: T
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5.1 RafahLocation of incident: Site
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5.1 Rafahevacuated, and the family
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5.1 RafahEvacuation out of Gaza: Th
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5.1 RafahWBN7Image by PHR-Israel, A
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5.1 Rafahsince the convoy to Erez C
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interview questionnaireTestimony of
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APPENDIX 2Forensic Pathology223
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Appendix 2Forensic pathologyThree f
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Photos no. Date Gender/age Notes1 D
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Photos no. Date Gender/age Notes10
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Photos no. Date Gender/age Notes20
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Photos no. Date Gender/age Notes34
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Photos no. Date Gender/age Notes48
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Photos no. Date Gender/age Notes68