| Israel's Response To Goldstone Report: The El-Badr Flour Mill |
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Israel's response to the Goldstone Report, which came out in January, had the following response to the claims about the destruction of the El-Bader Flour Mill:
(3) El-Bader flour mill119
163. With respect to the allegation of deliberate targeting of the el-Bader flour mill, the IDF conducted a command investigation, which gathered evidence from numerous sources, including relevant commanders and officers and ground and aerial forces. In addition, the investigator received information from the Israeli CLA, which was in direct contact with the owner of el-Bader flour mill, Mr. Rashad Hamada. The command investigation included several findings, which are delineated below.
164. From the outset of the Gaza Operation, the immediate area in which the flour mill was located was used by enemy armed forces as a defensive zone, due to its proximity to Hamas’s stronghold in the Shati refugee camp. Hamas had fortified this area with tunnels and booby-trapped houses, and deployed its forces to attack IDF troops operating there. For example, 200 meters south of the flour mill an IDF squad was ambushed by five Hamas operatives in a booby-trapped house; 500 meters east of the flour mill another squad engaged enemy forces in a house that was also used for weapons storage; and adjacent to the flour mill, two booby-trapped houses exploded.
165. The IDF ground operation in this area began on 9 January 2009, during night time. Before the ground operation, the IDF issued early warnings to the residents of the area, included recorded telephone calls, urging them to evacuate. Such telephone calls were made to the flour mill as well.
166. While preparing for the operation, the commanders identified the flour mill as a “strategic high point” in the area, due to its height and clear line of sight. Nevertheless, in the planning stage, it was decided not to pre-emptively attack the flour mill, in order to prevent damage to civilian infrastructure as much as possible.
El-Bader flour mill, 9 January 2009, prior to alleged incident (Source: IDF)
167. In the course of the operation, IDF troops came under intense fire from different Hamas positions in the vicinity of the flour mill. The IDF forces fired back towards the sources of fire and threatening locations. As the IDF returned fire, the upper floor of the flour mill was hit by tank shells. A phone call warning was not made to the flour mill immediately before the strike, as the mill was not a pre-planned target.
168. Several hours after the incident, and following a report about fire in the flour mill, the IDF coordinated the arrival of several fire engines to fight the fire.
El-Bader flour mill, 10 January 2009, following alleged incident. Fire trucks are visible on the scene. (Source: IDF)
169. The Military Advocate General reviewed the findings and the records of the command investigation and other materials. In addition, the Military Advocate General reviewed the information included in the Human Rights Council Fact-Finding Report, as well as the transcript of the public testimony of Mr. Hamada to the Fact-Finding Mission.
170. Taking into account all available information, the Military Advocate General determined that the flour mill was struck by tank shells during combat. The Military Advocate General did not find any evidence to support the assertion that the mill was attacked from the air using precise munitions, as alleged in the Human Rights Council Fact-Finding Report. The Military Advocate General determined that the allegation was not supported in the Report itself, nor in the testimony to the Fact-Finding Mission by Rashad Hamada, who had left the area prior to the incident in response to the IDF’s early warnings. Photographs of the mill following the incident do not show structural damage consistent with an air attack.
El-Bader flour mill, 11 January 2009, following alleged incident (Source: IDF)
171. The Military Advocate General found that, in the specific circumstances of combat, and given its location, the flour mill was a legitimate military target in accordance with the Law of Armed Conflict. The purpose of the attack was to neutralize immediate threats to IDF forces.
172. The Military Advocate General did not accept the allegation in the Human Rights Council Fact-Finding Report that the purpose of the strike was to deprive the civilian population of Gaza of food. In this regard, he noted the fact that shortly after the incident, the IDF allowed Palestinian fire trucks to reach the area and extinguish the flames, as well as the extensive amount of food and flour that entered Gaza through Israel during the Gaza Operation.120
173. Although the Military Advocate General could not conclusively determine that the flour mill was in fact used by Hamas’s military operatives, there was some evidence of such use. The Military Advocate General noted that Mr. Hamada testified before the Fact- Finding Mission that after the operation he found empty bullets on the roof of the flour mill. This could not have been the result of IDF fire, since – as was evident from the findings of the command investigation – the IDF forces which occupied the mill’s compound three days after the incident did not occupy the roof of the mill, where they would have been exposed to enemy fire.
174. Accordingly, the Military Advocate General found no reason to order a criminal investigation regarding the case.
119 See Human Rights Council Fact-Finding Report ¶¶ 913-21. 120 See The Operation in Gaza: Factual and Legal Aspects ¶¶ 266-82.
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