[News] For the Third Day, Israel Bombards Residential Properties Across the Gaza Strip

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Fri May 12 19:18:59 EDT 2023


For the Third Day, Israel Bombards Residential Properties Across the 
Gaza Strip
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*For the Third Day, Israel Bombards Residential Properties Across the 
Gaza Strip*

*Reporting Period:*

*(12:00 pm Tuesday, 9 May 2023 – 12:00 pm Thursday, 11 May 2023)*

The ongoing Israeli military offensive on the Gaza Strip, so-called 
“Operation Arrow and Shield”, which started 
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on 9 May 2023, has resulted in the killing of 25 Palestinians, including 
six children and four women, and the injury of 76 Palestinians, 
including 24 children and 13 women, according to the Palestinian 
Ministry of Health, as of 12:00 pm, 11 May 2023. The Government Media 
Office in Gaza has reported the total destruction of five buildings, 
including 19 residential units, and the partial destruction of 314 
residential units, 28 of which are uninhabitable and 286 of which are 
partially damaged.

The Gazan agricultural and fishing sectors have ground to a halt since 
Israel’s latest offensive started on the Gaza Strip. Fishermen have been 
unable to enter the sea due to the aggression, while significant damage 
has been caused to agricultural lands that were bombed. Further, 
Israel’s continued closure of the “Kerem Abu Salem” commercial crossing, 
which is located in the far southeast of the Gaza Strip, is preventing 
the movement of goods and the entry of medical supplies and fuel 
necessary to ensure the continued operation of the power plant. Al-Haq 
warns that this may have serious repercussions on the health system and 
the lives of thousands of patients.

For the third day in a row, the Israeli occupying forces (IOF) have 
continued to close the Gaza Strip crossings. According to the Ministry 
of Health, the continued closure of the Beit Hanoun-“Erez” crossing, 
located in the northern Gaza Strip, has prevented 432 patients, most of 
whom are oncology patients, in addition to 27 critical cases, who do not 
receive treatment in the hospitals in Gaza, from travelling for their 
treatments to hospitals in the West Bank, including Jerusalem, and 
Israel. For the past 18 months, Israel has denied the entry of 
diagnostic medical devices, and obstructed the entry of medicines into 
the Gaza Strip. The continued denial of the entry of foodstuffs, 
medicines, and medical equipment into the hospitals of the Gaza Strip, 
resulting in the unparalleled suffering of two million Palestinians held 
under a 16-year military closure, amounts to acts of collective 
punishment and inhumane acts of apartheid, in contravention of 
international law.

1. North Gaza Governorate

At approximately 9:40 pm on Wednesday, 10 May 2023, an Israeli warplane 
targeted the house of Mohammad Sa’adi Salem Al-Masri, 67, located in 
Al-Shaimaa Street in the town of Beit Lahiya in the northern Gaza Strip, 
with two missiles. The targeted house is part of a two-storey 
residential building, which is 436 square metres  and contains four 
housing units, inhabited by four families, numbering 16 individuals, 
including four women and eight children. The targeted house was 
completely destroyed, and a number of neighbouring homes and the 
headquarters of the Beit Lahiya Development Association were partially 
damaged. No injuries were reported.

The owner of the house explained to Al-Haq that two of his neighbours 
had received calls from the Israeli intelligence at around 9:00 pm on 
the same day, from an unknown number. The caller informed them to 
evacuate the house of Mohammad Sa’adi Al-Masri and the neighbouring 
houses in preparation for its bombing. At approximately 9:30 in the 
evening, a reconnaissance plane targeted the house with a reconnaissance 
missile, known as a “warning missile”. Then, a warplane targeted the 
house with one missile, levelling the house to the ground.

2. Khan Yunis Governorate

At approximately 5:15 pm on Tuesday, 9 May 2023, an Israeli drone 
targeted a civilian car, east of Al-Qarara town, hundreds of metres away 
from the perimeter fence, northeast of the city of Khan Yunis, in the 
southern Gaza Strip. According to initial information collected by 
Al-Haq’s field researcher, the targeting resulted in the complete 
destruction and burning of the car, killing two who were inside the car, 
Wa’el Mohammad Sabri Al-Agha, 34, and Sa’ed Jawad Abd Farawneh, 28, and 
wounding two others at the scene. They were all transferred to Nasser 
Governmental Hospital in Khan Yunis, where the Ministry of Health in 
Gaza announced the deaths. The bodies of the deceased were charred and 
remained unidentified for about three hours, before confirmation by 
their families. Following the attack,  the Israeli occupying authorities 
claimed 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=847818428a&e=08c14cf485>that 
they had targeted a Palestinian cell of anti-tank launchers belonging to 
Al-Quds Brigades. Nonetheless, it remains unclear if the two targeted 
and killed Palestinians were directly participating in hostilities at 
the time of the attack

At approximately 11:30 am on Wednesday, 10 May 2023, an Israeli drone 
targeted Palestinians while they were in  agricultural fields in the 
town of Abasan Al-Kabira, east of Khan Yunis, in the southern Gaza 
Strip. The injured were transferred to the European Gaza Hospital in 
Khan Yunis, where their injuries were described as critical, and 
doctors’ attempts failed to resuscitate them. At approximately 1:00 pm, 
the Ministry of Health in Gaza announced the death of Mohammad Yousef 
Saleh Abu Ta’ima, 23 (one day before his 24th birthday). Later the same 
day, at approximately 4:00 pm, the death of Alaa Maher Yassin Abu 
Ta’ima, 28, was announced. Both had been residents of the town of Abasan 
Al-Kabira, east of Khan Yunis. While Abu Ali Mustafa Brigades, the 
military wing of the Popular Front for the Liberation of Palestine, 
announced that Mohammad and Alaa were among its members, it remains 
unclear if they were directly participating in hostilities at the time 
of the attack.

At approximately 1:19 a.m., on Thursday, 11 May 2023, Israeli warplanes 
launched three missiles, suddenly and without prior warning, resulting 
in the killing of  of leader of the Al-Quds Brigades, Ali Hassan 
Mouhammad Ghali, 50, a leader of the Al-Quds Brigades, the military wing 
of the Islamic Jihad movement. The missiles targeted Apartment No. H1, 
on the fifth floor of a five-storey residential building containing 20 
apartments, located in Hamad Residential City in Khan Yunis, in an area 
densely populated with civilians. The apartment was completely 
destroyed, and extensive damage was caused to the neighbouring 
apartments and buildings. Three dead bodies were recovered from the 
scene, Ali Hassan Mouhammad Ghali, 50, his brother Mahmoud Hassan 
Mouhammad Ghali, 34, and nephew Mahmoud Walid Mouhammad Abdel-Gawad, 26. 
Another seven Palestinians who sustained minor and moderate injuries 
were injured due to the attack, including a child and three women, one 
of whom is pregnant, and were transported from the nearby apartments and 
buildings. The injured include:

o Maysa Muhammad Fawzi Abu Musa, 32, in moderate condition, and pregnant;

o Rania Yahya Muhammad Hamid, 32, in moderate condition;

o Nima Nahed Ibrahim Ayyash, 25, in minor injuries;

o Maya Wissam Mahmoud Al-Hindi, 10, in minor injuries;

o Wissam Mahmoud Ahmed Al-Hindi, 42, in minor injuries;

o Abdul Karim Jamal Fayeq Al-Nakhala, 18, in minor injuries;

o Abdullah Jamal Fayeq Al-Nakhala, 26, in moderate condition.

>From the remains of rocket fragments found at the scene, it is likely 
that the military planes bombed the apartment with three GBU-39 rocket 
bombs.

3. Rafah Governorate

At approximately 3:00 pm, on Wednesday, 10 May 2023, an Israeli drone 
targeted two Palestinians while they were in an open agricultural land 
in the town of Al-Shouka, east of Rafah, in the southern Gaza Strip. The 
two killed, Ayman Karam Hussein Saidam, 26, and Alamuddin Samir Tawfiq 
Abdel Aziz, 23, both of whom are from Rafah, were transferred to Martyr 
Abu Yousef Al-Najjar Hospital in Rafah. While Abu Ali Mustafa Brigades 
announced that Ayman and Alamuddin were among its members, it remains 
unclear if they were directly participating in hostilities at the time 
of the attack.

At approximately 8:50 pm, on Wednesday, 10 May 2023, Israeli 
reconnaissance planes fired a missile at a three-storey residential 
belonging to Ziad Mousa Ahmed Al-Agha, 54, built on an area of 160 
square metres on three dunums of land. The house is inhabited by four 
families consisting of 19 members, including four women and ten 
children. The building is located east of Al-Qarara town, northeast of 
Khan Yunis, about a kilometre away from the perimeter fence. About ten 
minutes later, Israeli F16 warplanes bombed the house with two missiles, 
which led to its complete destruction, without causing any casualties. 
The IOF called one of the neighbours and asked him to confirm the 
evacuation of the house and the neighbouring houses. The family had 
evacuated the house since the start of the escalation in the Gaza Strip, 
at dawn on Tuesday, 9 May 2023, due to its proximity to the border area. 
Notably, the house had previously been bombed during the Israeli 
aggression on the Gaza Strip in 2014, which had resulted in severe 
damage to the house.

At approximately 1:50 am on Thursday, 11 May 2023, Israeli warplanes 
bombed an old, uninhabited (abandoned) house in Bani Suhaila, east of 
Khan Yunis, which led to its complete destruction, without causing any 
casualties.

Legal Analysis

1. Direct Participation in Hostilities

Israel premises its undifferentiated targeting of members of the 
Palestinian resistance, even when not engaged in military actions, on 
the doctrine of continuous combat function (CCF), a notion derived from 
theICRC’s Interpretive Guidance on the Notion of Direct Participation in 
Hostilities 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=0e777f5991&e=08c14cf485>. 
The notion, which is not legally binding, expands the concept of who is 
a combatant, outside of the parties to the conflict, and those directly 
participating in hostilities, to include those individuals who are 
members of an armed group and “recruited, trained and equipped by such a 
group to continuously and directly participate in hostilities on its 
behalf”. These individuals are considered “to assume a continuous combat 
function even before he or she first carries out a hostile act”. The 
Israeli High Court of Justice, similarly provides that members of armed 
groups who carry out “a chain of hostilities, with short periods of rest 
between them”, will lose their immunity from attack when carrying out 
hostile acts, and during the breaks in between.^[1] The application of 
CCF further raises preliminary issues around the classification of the 
conflict, given that CCF only applies in non-international armed 
conflicts (NIAC). Notably, the Palestinian territory held under 
belligerent occupation is one of an international armed conflict.

The report of the Independent International Commission of Inquiry on the 
protests in the Occupied Palestinian Territory in 2018, warned against 
the application of CCF, stating that: “CCF does not appear in IHL 
treaties and the concept remains unsettled when assessed as custom. In 
such circumstances, the Commission has taken the view that it must 
choose, particularly with humanitarian law, the interpretation accepted 
by a significant majority of the international community. Legal 
approaches accepted by only a small group of countries are not 
necessarily wrong, but are best not applied by a Commission until there 
is further acceptance by the international community”.^[3] Given the 
absence of any treaty or customary law basis for CCF, the only 
legitimate targeting is of those who are at the time, directly 
participating in hostilities. Civilians would only lose protection from 
attack, “for the duration of each specific act 
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amounting to direct participation in hostilities. This includes any 
preparations and geographical deployments or withdrawals constituting an 
integral part of a specific hostile act”. From the preliminary field 
reports, there is no evidence that those targeted were carrying out acts 
amounting to direct participation in hostilities, at the time of the 
attacks.

2. Knock on the Roof, Precautions

In the conduct of military operations, Article 57 of Additional Protocol 
I, requires that parties, “take all feasible precautions in the choice 
of means and methods of attack with a view to avoiding, and in any event 
to minimizing, incidental loss of civilian life, injury to civilians and 
damage to civilian objects”. Further, the aforementioned Article 
specifically warns that “[n]o provision in this article may be construed 
as authorizing any attacks against the civilian population, civilians or 
civilian objects.” Employing the use of a bomb to “knock” on the roof, 
or a reconnaissance missile as a form of communication, like a knock on 
a door, may amount to “[a]cts or threats of violence the primary purpose 
of which is to spread terror among the civilian population” and 
accordingly “are prohibited” under Article 51 of Additional Protocol I.

Critically, reconnaissance missiles that are employed to deliver “knock 
on the roof” warnings are far from benign, and in many cases are capable 
of penetrating several floors in high rise buildings. There are numerous 
documented cases of persons being killed 
<https://alhaq.us2.list-manage.com/track/click?u=10071401ba4201bc1a4992f68&id=7a9d2fc819&e=08c14cf485> 
in missile attacks from “knock on the roof” warnings. It is worth 
mentioning that due to this type of bombardment the residents of the 
house, and neighbouring houses, evacuate them to be bombed and 
completely destroyed by fighter jets. In some cases, this happens after 
hours and mostly the residents of the house, and even the residents of 
neighbouring houses are not be able to go back to the houses out of fear 
of another bombardment, until there is a cease-fire. In this case the 
residential building containing four residential units was completely 
destroyed. Crucially the principle of distinction in armed conflict is 
sacrosanct and Israel must distinguish between civilian objects which do 
not constitute legitimate military objectives in targeting.

3. Superfluous Injury and Unnecessary Suffering

>From preliminary field reports, the drone attack on a car, which caused 
the total destruction of the car, and the burning of the two occupants 
beyond recognition, may be indicative of a deployment of weapons, 
projectiles and material and methods of warfare of a nature to cause 
superfluous injury or unnecessary suffering, acts which are specifically 
prohibited under Article 35 of Additional Protocol 1.

Further, collateral civilian damage arising from military operations 
must not be excessive in relation to the direct and concrete military 
advantage anticipated from such operations. Notably, the attacks were 
directed at densely populated compactly built residential areas, 
resulting in the total damage of 19 residential units, and the partial 
destruction of 314 residential units, and may be indicative of a 
response disproportionately destroying civilian objects. More 
specifically, the bombing and complete destruction of the residential 
building of Ziad Mousa Ahmed Al-Agha, 54, home to four families, 
amounted to a direct attack on a civilian object and may amount to a 
breach of the principle of distinction.

4. Collective Punishment of Palestinian Population

Article 43 of the Hague Regulations, reflective of customary 
international law, requires that the Occupying Power restore and ensure, 
as far as possible, public order and civil life in the occupied 
territory. This places an onus on the occupant exercising de facto 
control, to ensure the welfare of the occupied population, including by 
ensuring that Palestinians enjoy a fuel supply and electricity services. 
As Occupying Power, Israel also has specific obligations “to the fullest 
extent of the means available to it and without any adverse 
distinction”, to ensure “supplies essential to the survival of the 
civilian population of the occupied territory”.^[4] This includes the 
ensuring the entry of critical medical supplies into the Gaza Strip.

Article 55 of the Fourth Geneva Conventions obliges the Occupying Power, 
“to the fullest extent of the means available to it” the duty of 
ensuring “the food and medical supplies of the population”. In the case 
where such resources are inadequate, as has been clearly demonstrated 
from the impact of the 16-year closure of Gaza, “it should, in 
particular, bring in the necessary foodstuffs, medical stores and other 
articles if the resources of the occupied territory are inadequate”. 
There are further specific obligations to ensure the passage of 
humanitarian supplies in areas under siege. Article 17 of the Fourth 
Geneva Convention for example specifically requires that parties to the 
conflict conclude agreements to facilitate the passage of medical 
personnel and medical equipment on their way to such areas under siege.

The denial of movement to civilians in receipt of life-saving and 
life-prolonging medical treatments outside the Gaza Strip, breaches the 
inviolability of rights of the protected occupied population, enshrined 
in Article 27 of the Fourth Geneva Convention. All forms of collective 
punishment are absolutely prohibited by Article 50 of the 1907 Hague 
Regulations, Article 33(1) of the Fourth Geneva Convention, and 
constitute a breach of customary international humanitarian law. The 
Fourth Geneva Convention prohibits “penalties of any kind inflicted on 
persons or entire groups of persons, in defiance of the most elementary 
principles of humanity, for acts that these persons have not committed.” 
This includes, “economic closures on civilian populations, cutting off 
of power and water supplies, [and] withholding of medical supplies”.^[5]

Conclusion

Due to the failure of the international community to curb Israel’s 
continued aggressions on the Gaza Strip, due to the continued abuse of 
the US veto at the UN Security Council, it is incumbent on Third States 
to take measures to ensure respect for the Geneva Conventions and to cut 
off the economic incentives that drive the prolonged illegal occupation. 
Al-Haq calls on Third States to adopt legislation to ban the import of 
settlement goods and services into their jurisdictions, for financial 
institutions to divest from settlement enterprises including Israeli 
banks, and for municipalities and regional councils to end all 
procurements from illegal settlement enterprises. The international 
community must address the root causes underpinning Israel’s successive 
military offensives on the Gaza Strip, as acts of violence employed to 
maintain and entrench the settler colonial apartheid regime. Al-Haq 
calls on Third States to recognise Israel’s policies and practices of 
segregating Gaza as an isolated Bantustan disconnected from the world, 
as the inhumane acts of a segregationist discriminatory apartheid 
regime. Moreover, Al-Haq calls on Third States to implement meaningful 
and effective measures to counter Israel’s impunity, including economic 
sanctions, arms embargoes, severing diplomatic ties.

Al-Haq further calls on the International Criminal Court to increase the 
budget allocation to the Situation in the State of Palestine, and for 
the Prosecutor to coordinate entry into the Gaza Strip to investigate 
the violations of international humanitarian law which may amount to 
grave breaches of the Geneva Conventions, war crimes and crimes against 
humanity within the jurisdiction of the court, including the crimes 
against humanity of apartheid and persecution.

^[1] Israeli High Court of Justice, The Public Committee against Torture 
v. The Government of Israel, HCJ 769/ 02, Judgment, 13 December 2006, 
para. 39.

^[2] ICRC’s Interpretive Guidance on the Notion of Direct Participation 
in Hostilities, p. 24, footnote 6.

^[3] Report of the detailed findings of the independent international 
Commission of inquiry on the protests in the Occupied Palestinian 
Territory, para 105.

^[4] Article 69(1), Additional Protocol 1 (1977).

^[5] Report of the Special Rapporteur on the situation of human rights 
in the Palestinian territories occupied since 1967, para. 26.

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