The killing and wounding of the children of the Shuheibar family during the 2014 Israeli offensive on Gaza
On the evening of 17 July 2014, and while residents of the Gaza Strip were preparing for Iftar (dinner) during the holy month of Ramadan, the Israeli air force fired a missile that hit the residence of the Shuheibar family in Al-Sabra Neighborhood in Gaza City. As a result, three children were killed: Afnan Shuheibar (8), Jihad Shuheibar (8) and Waseem Shuheibar (7). Two other children were severely injured: Odai Shuheibar (15) and Basil Shuheibar (10). The children had gone to the roof to feed the pigeons. Shortly after, a massive explosion shook the entire building, and the three children were killed.
On 21 July 2014, Adalah – The Legal Center for Arab Minority Rights in Israel and Al Mezan Center for Human Rights filed a request to the Israeli Military Advocate General to open an immediate criminal investigation into the incident which took place during the Israeli offensive on the Gaza Strip, dubbed “Operation Protective Edge” by Israel. The organizations argued that that attack constitutes a grave violation of international humanitarian law, especially regarding the need to distinguish between civilians and military targets, and the obligation to protect civilians during the fighting. They stressed that the event must be immediately and independently investigated as required by international law, and the perpetrators must be held to account for these serious suspected crimes. The 2014 offensive on Gaza resulted in the killing of over 2,100 Palestinians, including around 530 children, and the wounding of around 11,000 more.
Adalah and Al-Mezan sent several follow-up letters, reiterating their request to open an investigation into the incident. Only six years later, on 19 July 2020, did the Military Advocate General's office send the organizations a response, according to which it decided not to open an investigation into the attack and ordered to close the case. In February 2021, the organizations filed an appeal to the Israeli Attorney General against the decision to close the case, and proceeded to send out several follow-up letters, including in June 2023.
Nine years have passed since the attack, but to date no investigation has been opened by Israel and no one has been held accountable, despite repeated requests by Adalah and Al Mezan to Israeli authorities. The United Nations Independent Commission of Inquiry on the 2014 Gaza Conflict (COI) stated that the Israeli army may have failed to take all feasible measures to avoid or at least to minimize harm to civilians, and that this attack could be deemed disproportionate (paragraph 230). The COI found that there was an indication that specific objectives were targeted (including in the case of the Shuheibar family) and that the burden is on Israel "to make available information about those objectives and explain how attacking them contributed to military action". The Commission noted that "Unless there were legitimate military objectives, the targeting of civilians not taking part in the hostilities would be a violation of the principle of distinction and could constitute a direct attack against civilians, a war crime under international criminal law." (paragraph 228).
The appeal by Adalah and Al-Mezan remains pending.
