(Mahmoud Nimer al-Bahtetee standing outside his
severely damaged building. Photograph by PCHR)
During the recent Israeli offensive, Operation Pillar
of Defence (14 – 21 November 2012), Israeli forces attacked streets, family
homes, and civilian buildings in densely populated areas, causing extensive
destruction to civilian property in Gaza Strip.
At around 05:30 on Friday, 16 November, the al-Bahtetee
family home in the Tel al-Hawa area in southern Gaza City
was shaken by one missile from an Israeli airstrike. The target was the Civil Department
of the Ministry of Interior, which is just 15 feet away from the
al-Bahtetee house. The family of 27, 13 of them children, managed to escape their
2-storey house, which sustained minor damage in the attack. However, later that
day at around 21:30, Israeli warplanes fired 4 more missiles at the same target.
The impact of the second attack severely damaged the al-Bahtetee home, as well
as their automobile workshop which is on the ground floor of the building.
Mahmoud Nimer al-Bahtetee, 62, is the eldest male
member of the family. He recalls, “During the first attack, we were all
sleeping in the house as it was very early in the morning. When the attack
happened, the windows of our house broke from the impact and, as they shattered,
pieces of glass fell on some of the children. Because of this, they sustained
some minor injuries like cuts and bruises.”
“Immediately after the first attack, the Civil Defence
team arrived. They were busy trying to control the fire that had erupted in the
Ministry building when the electricity generator in the building burst into
flames. The fire was not put out for a long time.”
“After the first attack, my family took shelter with
our relatives and friends in other parts of the city. We went in small groups,
as it was impossible for us to find a place where all of us could stay. Some of
my sons went to their in-laws’ houses with their wives and children. With all
of us being in different places, it became very difficult for us to communicate
with each other.”
Mahmoud stayed behind in the family home. He explains:
“It took me 50 years of hard work and labour to build this house for my family,
and I could not abandon it. Our
belongings were still inside and I wanted to guard them.”
Mahmoud was in the house when the second attack
occurred. He describes his experience: “The second attack was far more severe
than the first one and it badly damaged my house and workshop. During the
second attack, I was awake on the 2nd floor of the building. This
attack caused a fire in the house. Debris from the Ministry building and my
home fell everywhere. I took cover in one corner of the room and saw windows,
doors, and bricks from the walls fall around me. I was very shaken by this
attack. I cannot understand why they bombed the Ministry building so heavily
for the second time. It was already destroyed in the first attack.”
(First floor of al-Bahtetee house. The
Ministry of Interior’s building is seen through the cavity. Photograph by
PCHR)
Mahmoud expressed the grief he feels after these
attacks, saying, “Watching my grandchildren crying and injured was the most
horrifying part for me. One of my grandsons, who is just one and a half years
old, has not spoken since the day the attack happened, and my 16 year old
daughter is traumatized by the whole experience. Now, every time she hears a
loud noise she runs up to my wife and starts crying on her shoulder.”
This is not the first time the al-Bahtetee family has been
the victim of such military attacks. Mahmoud’s previous workshop, which was
located in the al-Zaytoun area, was shelled during ‘Operation Cast Lead’ and so
badly damaged that it could no longer be used.
Mahmoud and his wife are now staying in one of the
rooms on the 2nd floor of the building, whereas his other children
and grandchildren are still staying at their relatives’ and friends’ places,
because their house is not in a liveable condition. Given their previous
experience, they have lost all hope for any sort of remedy or compensation. The
family is now clearing out the debris and trying desperately to find the money
they need to repair their home and workshop.
As per Article 53 of the Fourth Geneva Convention
1949, any destruction by the Occupying Power of real or personal property
belonging individually or collectively to private persons, or to the State, or
to other public authorities, or to social or cooperative organizations, is
prohibited, except where such destruction is rendered absolutely necessary by
military operations. Moreover, Article
147 of the Fourth Geneva Convention says that such extensive destruction of
property protected by the convention which cannot be justified by military
necessity is a grave breach of International Humanitarian Law and;
Article 8(2)(b)(iv) of the Rome Statute of the International Criminal Court
states that intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to
civilians or damage to civilian objects or widespread, long-term and severe
damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall
military advantage anticipated is
a war crime.
(The severely damaged staircase in
al-Bahtetee house. Photograph by PCHR)
