Date: 13 May 2023
Ref: 38/2023
Day 5: Israel continues to commit acts of ‘domicide’ against Palestinian homes in Gaza, displacing hundreds of civilians
For the fifth consecutive day, Israeli forces continued their military offensive on the Gaza Strip, escalating attacks on houses using highly destructive missiles. The use of force caused substantial damage beyond intended targets, to dozens of houses and civilian objects, including hospitals and medical facilities.
Al Mezan’s documentation shows that since 9 May 2023, 33 Palestinians were killed, including six children and four women, and 147 others were injured, including 48 children and 26 women. In addition, 57 residential units housing 58 families of 374 people, including 133 children and 53 women, were entirely destroyed. Three hundred more residential units were also partially damaged. Hundreds of people were displaced amid relentless airstrikes.[1]
In parallel, Israel’s complete closure of Gaza crossings for the fifth consecutive day continues to threaten the supply of essential basic services and foreshadows a major humanitarian crisis. The Union of Gaza Municipalities has warned that an environmental and health catastrophe is looming as, due to lack of fuel, treatment plants have stopped treating sewage and about 120,000 cups a day are being pumped into the sea. Some 200 drinking water wells are also in danger of no longer being able to supply water to residents. In addition, Gaza’s only power plant is about to be completely shut down in the coming days.
Below are the main Israeli attacks against the Gaza Strip that took place on the evening of 12 May and up to 1 p.m. on 13 May, based on Al Mezan’s initial documentation:
– At approximately 2:15 p.m. on Friday, 12 May 2023, Israeli warplanes launched a missile at the house of Ahmed Ayesh al-Hashash, 41, where a family of seven members lived—including five children. The asbestos-roofed house is located on a 100 m2 plot near Al-Birr and Al-Taqwa mosque in the Msabbeh neighborhood, northwest of Rafah City. Ahmed’s father, Ayesh Salama al-Hashash, 71, was injured in the attack. Medical sources at Abu Youssef al-Najjar Hospital described his injury as moderate. The attack completely destroyed the house and two neighboring houses, one of which was owned by Mohammed Ayesh al-Hashash and housed a family of nine members, including five children. The other home housed the families of two brothers: Kamel Mezyed al-Hashash and his family of eight members, including five children, and his brother Abdelmalek, and his family of five members, including three children. Partial damage was also caused to some nearby houses.
– Simultaneously, Israeli warplanes launched two missiles at the house of Samir Mohammed Taha, 62, in al-Zawawi Street, east of Abbas al-Kilani gas station in Beit Lahiya (North Gaza District). Two families of eight members lived in the two-story house, including four children and two women. The attack completely destroyed the house and caused considerable property damage to some neighboring houses. Israeli forces called one of the neighbors to inform him of their intention to strike the house.
– At approximately 3:55 p.m. the same day, Israeli warplanes launched two missiles at the three-story house of Kamal Ahmed Abu Tair, 61, in the village of Abasan Al-Kabira, east of Khan Younis City, and completely destroyed it. Four families of 18 people, including seven children and four women, lived in the house. The attack caused partial damage to some neighboring houses. Israeli forces called one of the neighbors to inform him about their intention to strike the house.
– At approximately 4:20 p.m. the same day, Israeli warplanes launched two missiles at the three-story house of Hussein Mohammed Marouf, 58, in Beit Lahiya (North Gaza District). Three families of 15 people, including nine children and three women, lived in the house. The attack completely destroyed the house and caused considerable property damage to some neighboring houses. Israeli forces called the owner of the house to inform him about their intention to strike it.
– Simultaneously, Israeli warplanes launched a missile at an apartment on the fifth floor of the Banyas building, which consists of six floors, in al-Nassr neighborhood, in the west of Gaza City, killing the Islamic Jihad leader Iyad al-Hasani, 51, and Mohammed Walid Abdelal, 33, and injuring others, including two children. The attack caused property damage to some of the neighboring apartments.
– At approximately 8:30 p.m. the same day, Israeli warplanes launched two missiles at the five story-house of Mohammed Ali Yassin, 60, in Kishko Street, east of al-Zaytoun neighborhood, eastern Gaza City. Five families of 24 people, including ten children and three women, lived in the house. The attack completely destroyed the house and caused property damage to some neighboring houses. Israeli forces called one of the neighbors to inform him of their intention to strike it.
– At approximately 8:35 p.m. the same day, Israeli warplanes launched two missiles at the two-story house of Yehya Kamel Abu Obeid, 46, in central Deir al-Balah City (Middle Area District). Two families of 11 members, including six women and two children, lived in the house. The attack completely destroyed the house and caused partial damage to some neighboring houses, the Ambulance and Emergency Department of the Ministry of Health, and some departments and buildings of al-Aqsa Hospital, which is only 120 meters far from the targeted house. Two of the hospital workers were injured: Khalil al-Daqran, 57, a Nursing Supervisor, and Hani Abu Sweireh, 47, Electrical Technician in the Hospital’s Maintenance Department, as well as an in-patient child. In addition, six injuries arrived at the hospital due to the attack, including two children and four women. Medical sources described all injuries as minor.
According to the General Director of al-Aqsa Hospital, partial damage was caused to various hospital departments, including the Intensive Care Unit. Medical patients and their companions, predominantly children and women, were terrified. Medical staff merged departments try to mitigate the risk of harm to patients. Al Mezan notes that Al-Aqsa Hospital is the only hospital in the Middle Area District, serving around 350,000 people. It has 22 departments and 191 beds. Around 250 patients visit the hospital’s external clinics every day. Furthermore, the Emergency Department receives between 600-700 cases every day.
– At approximately 1:30 a.m. on Saturday, 13 May 2023, Israeli warplanes launched four missiles at the three-story house of Salim Hassan Abu al-Ata, 60, in al-Tawahin Street, east of al-Shujaeya neighborhood, east of Gaza City. Two families of 20 people, including 13 children and two women, lived in the house. The attack caused considerable damage to the second and third floors and caused property damage in neighboring houses. Israeli forces called the owner of the house to inform him of their intention to strike it.
– At approximately 3:00 a.m. the same day, Israeli warplanes launched one missile at the five-story house of Hazem Adel Muhanna, 60, in the vicinity of al-Yarmouk Mosque (North Gaza District). Five families of 19 people, including five children and eight women, lived in the house. The attack totally destroyed the house and caused considerable damage to neighboring houses. Israeli forces called one of the house’s residents to inform him of their intention to strike the house.
– At approximately 10:05 a.m. the same day, Israeli warplanes launched two missiles at the three-story house of Faraj Fathi Banat, 39, in the vicinity of Beit Lahiya roundabout (North Gaza District). Three families of 22 people, including 12 children and four women, lived in the house. The attack led to the injury of two women with minor injuries and completely destroyed the house. Property damage was caused to neighboring houses and to the al-Shikh Saad mosque. Israeli forces called one of the house’s residents to inform him about their intention to strike the house.
– At approximately 11:45 a.m. the same day, Israeli warplanes launched two missiles at the three-story house of the sons of Khader Radwan al-Zanin, in Beit Hanoun (North Gaza District). Six families of 46 people, including 30 children and six women, lived in the house. The attack totally destroyed the house and caused property damage to neighboring houses. Israeli forces called one of the house’s residents to inform him about their intention to strike the house.
Al Mezan asserts that Israel’s warning to residents of impeding attacks does not exempt it from complying with international norms regulating the conduct of hostilities. The direct targeting of civilian objects such us residential houses is strictly prohibited under international humanitarian law. Intentionally directing attacks against civilian objects amounts to a war crime under Article 8(2)(b)(ii) of the Rome Statute of the International Criminal Court. The extensive destruction of property, not justified by military necessity and carried out unlawfully and wantonly also amounts to a grave breach of the Fourth Geneva Convention.
Al Mezan also notes that Israeli attacks appeared to violate rules concerning the prohibition of certain means and methods of warfare, as Israeli forces deliberately employed missiles with destructive power that surpassed that necessary to strike intended target, causing damage to dozens of surrounding houses, facilities, and other civilian property. In just a few seconds, Palestinian homes have been turned to rubble. Along with homes, the life savings of entire families and their memories are also destroyed, therefore causing social and psychological trauma.
According to the United Nations Special Rapporteur on the right to adequate housing, “[t]he massive, arbitrary destruction of civilian housing in violent conflict should be recognised as a standing crime under international law”. The Special Rapporteur employs the term ‘domicide’ to refer to the massive, arbitrary destruction of civilian houses and the ensuing violation of the human right to adequate housing. Back in February 2023, UN Experts hold that “[t]he systematic demolition of Palestinian homes, erection of illegal Israeli settlements and systematic denial of building permits for Palestinians in the occupied West Bank amounts to ‘domicide’”.
Al Mezan stresses that gross violations of the right to adequate housing must be investigated and prosecuted like any crime against humanity currently recognized under international law. Such severe violations of economic, social and cultural rights need to receive due attention by international accountability mechanisms, including the International Criminal Court
