GAZA CITY – We are a delegation of 8 American lawyers, members of the National Lawyers Guild in the United States, who have come here to the Gaza Strip to assess the effects of the recent attacks on the people, and to determine what, if any, violations of international law occurred and whether U.S. domestic law has been violated as a consequence. We have spent the last five days interviewing communities particularly impacted by the recent Israeli offensive, including medical personnel, humanitarian aid workers and United Nations representatives. In particular, the delegation examined three issues: 1) targeting of civilians and civilian infrastructure; 2) illegal use of weapons and 3) blocking of medical and humanitarian assistance to civilians.
Targeting of Civilians and Civilian Infrastructure
Much of the debate surrounding Israel’s aerial and ground offensive against Gaza has centered on whether or not Israel observed principles of proportionality and distinction. The debate suggests that Israel targeted Hamas i.e., its military installations, its leaders, and its militants, and in the process of its discrete military exercise it inadvertently killed Palestinian civilians. While we have found evidence that Palestinian civilians were victims of excessive force and collateral damage, we have also found troubling instances of Palestinian civilians being targets themselves.
The delegation recorded numerous accounts of Israeli soldiers shooting civilians, including women, children, and the elderly, in the head, chest, and stomach. Another common narrative described Israeli forces rounding civilians into a single location i.e., homes, schools which Israeli tanks or warplanes then shelled. Israeli forces continued to shoot at civilians fleeing the targeted structures.
We spoke to Khaled Abed Rabbo, who witnessed an Israeli soldier execute his 2-year-old and 7-year-old daughters, and critically injure a third daughter, Samar, 4-years old, on a sunny afternoon outside his home. Two other Israeli soldiers were standing nearby eating chips and chocolates at the time on January 7, 2009. Abed Rabbo recounts standing in front of the Israeli soldiers with his mother, wife and daughters for 5 – 7 minutes before one of the soldiers opened fire on his family.
We spoke to Ibtisam al-Sammouni, 31, and a resident of Zaytoun neighborhood in Gaza City. On January 4th, the Israeli army forced approximately 110 of Zaytoun’s residents into Ibtisam’s home. At approximately 7 am on January 5th, the Israeli military launched two tank shells at the house without warning killing two of Ibtisam’s children: Rizka, 14 and Faris, 12. When the survivors attempted to flee Israeli forces shot at them. Her son Abdullah, 7, was injured in the shelling and remained in the home among his deceased siblings for four days before Israeli forces permitted medical personnel into Zaytoun to rescue them. After medical personnel removed the injured persons, an Israeli war plane destroyed the house and it crumbled over the lifeless bodies. The dead remained beneath the rubble for 17 days before the Israeli Army permitted medical personnel to remove their bodies for burial.
We spoke to the family of Rouhiya al-Najjar, 47, who lived in Khoza’a, Khan Younis. Israeli forces ordered her neighborhoods residents to march to the city center. Rouhiya led 20 women out of her home and into the alley. They all carried white scarves. Upon entering the alley, an Israeli sniper shot Rouhiya in her left temple killing her instantly. Israeli forces prevented medical personnel from reaching her body for twelve hours. These are only some of the accounts that we’ve collected.
Israeli forces also destroyed numerous buildings throughout the Gaza Strip during the recent incursion. Guild delegates viewed the remains of hundreds of demolished homes and businesses – in addition to the remains of the American School in Gaza, damaged medical centers, and the charred innards of UNRWA warehouses. While in situations of armed conflict, collateral damage and mistakes can occur, the circumstances surrounding the cases that the delegation investigated indicate deliberate targeting rather than collateral damage or mistake. Specifically:
The American School at Gaza, which was hit with two F-16 missiles on January 3, 2009, killing the watch guard on duty. According to Ribhi Salem, the school’s director, the Israelis gave no warnings. Mr. Salem stated that the school had come to an agreement with resistance groups not to use school grounds and there had never been resistance activity on the property.
United Nations Relief and Works Agency (UNRWA)
John Ging, the Director of Gaza Operations for UNRWA reported that Israeli forces fired missiles at UNRWA schools in Gaza City, Jabalyia and Bet Lahiya. The United Nation compound in Gaza city was also hit with white phosphorous shells and missiles. Ging noted that al United Nations buildings and vehicles all fly UN flags, are marked in blue paint from the top, and that during hostilities the UN personnel remained in constant contact with Israeli authorities.
Misuse of Weapons
Our delegation has heard allegations of the use of DIME (Dense Inert Metal Explosive) weaponry, white phosphorus and other possible weapons whose use in civilian areas is prohibited. We have also heard of the use of prohibited weapons, such as flachettes. We have found our own evidence of the use of flachette shells, which we will combine with evidence collected by Amnesty International to push for further investigation. We have not found any conclusive evidence of the use of DIME, though we believe that this warrants further investigation and disclosure by the Israeli military.
Our findings overwhelmingly point to the use of conventional weapons in a prohibited manner, specifically, the use of battlefield weaponry in densely populated civilian areas. Customary international law forbids the use of weapons calculated to cause unnecessary suffering. We found evidence that Israel used white phosphorus in extensively throughout its three-week offensive in a manner that led to numerous deaths and injuries. For example, Sabah Abu Halima, 45, lived in Beit Lahiya with her husband, seven boys, and one girl. It was midday and she and her entire family was home. Within minutes she felt her home shaking and missiles fell through the rooftop. She fell to the ground upon impact. When she looked up she saw her children burning.
Preventing Access to Medical and Humanitarian Aid
Under customary international humanitarian law, the wounded are protected persons and must receive the medical care and attention required by their conditions, to the fullest extent practicable and with the least possible delay. Parties to a conflict are required to ensure the unhindered movement of medical personnel and ambulances to carry out their duties and of wounded persons to access medical care. Speaking to medical workers and the family of victims, NLG delegates documented serious violations of this provision. Among the stories documented include:
Zaytoun neighborhood, which came under attack and invasion by ground foces on January 3, 2009. The Palestinian Red Crescent received 145 calls from Zaytoun for help, but were denied entry by Israel. Bashar Ahmed Murad, Director of Emergency Medical Services for the Palestinian Red Crescent Society told us that “a lot of people could have been saved, but hey weren’t given medical care by the Israelis, nor did the Israeli army allow Palestinian medical services in.” When paramedics were finally allowed to enter on January 7, Israeli forces only gave them a 3-hour “lull” to work and prohibited ambulances into the area. Instead they forced paramedics park the ambulances 2 kilometers away and enter the area on foot. Murad told delegation members how they had to pile the wounded on donkey carts and have the medical workers pull the carts in order to help the most people possible in the short time they were given. After the 3 hours were over, the
Israeli army started shooting toward the ambulances. The Red Crescent was not able to reach that area again to evacuate the dead until January 17, 2009 when the Israeli army pulled out.
Al-Shurrab Family
On January 16th, Israeli forces shot at the jeep of Mohammed Shurrab, 64 years of age, and two of his sons, Kassab and Ibrahim, aged 28 and 18 as they were returning from their fields. Mohammad was shot in the left arm and Ibrahim was shot in the leg. The elder son, Kassab, sustained a fatal bullet wound to the chest, being shot multiple times after being ordered out of the car. Mohammad, bleeding from his wound, contacted the media, the International Committee of the Red Cross, and a number of NGOs via mobile phone in order to acquire medical assistance. Israeli forces denied medical relief agencies clearance to reach them until almost 24 hours after Mohammad, Ibrahim and Kassab had been shot. Earlier that morning, Ibrahim had succumbed to his wound and died. Mohammad Shurrab and his sons were shot during a so-called “lull” in Israeli ground operations, which Israeli forces had agreed to in order to allow humanitarian relief to enter and be
distributed in the Gaza Strip. As such NLG delegates fail to see how this denial of medical access to the wounded Shurrab family could have been absolutely necessary and not simply arbitrary.
International humanitarian law also prohibits attacks on medical personnel, medical units and medical transports exclusively assigned to carry out medical functions. Delegate members saw ambulances seriously damaged and destroyed, some apparenly deliberately crushed by Israeli tanks. The Palestinian Red Crescent Society and the Palestinian Ministry of Health informed delegates that 15 Palestinian medics were killed and 21 injured in the course of Israel’s assualt.
Conclusions
This delegation is seriously concerned by our initial findings. We have found strong indications of violations of the laws of war and possible war crimes committed by Israel in the Gaza Strip. We are particularly concerned that most of the weapons that were found used in the December 27 assualt on Gaza are US-made and supplied. We believe that Israel’s use of these weapons may constitute a violation of US law, and particularly the Foreign Assistance Act and the US Arms Export Control Act.
A report of our initial findings will be compiled and submitted to, among others, members of the United States Congress. We intend to push for an investigation by the United States government into possible violations by Israel of US law. We also hope to contribute our finding and efforts to other efforts by local and international lawyers to push for accountability against those found responsible for the egregious crimes that we have documented.
Members of the Legal Delegation
Huwaida Arraf (New York, Washington DC)
huwaida.arraf@gmail.com
Palestine: 0599-130-426
USA: 1-202-294-8813
Noura Erekat (Washington DC)
noo194@yahoo.com
Palestine:
USA: 1-510-847-4239
James Marc Leas (Vermont)
jolly39@gmail.com
Palestine:
USA: 1-802 864-1575 and 1-802 734-8811(cell)
Linda Mansour (Ohio)
Lindamansour@aol.com
Palestine:
USA: 1-419-535-7100 and 1-419-283-8281 (cell)
Rose Mishaan (California)
roseindigo7@gmail.com
Palestine:
USA: 1-917-803-2201
Thomas Nelson (Oregon)
nelson@thnelson.com
Palestine:
USA: 1-503-709-6397
Radhika Sainath (California)
radhika.sainath@gmail.com
Palestine:
USA: 1-917-669-6903
Reem Salahi (California)
reemos@gmail.com
Palestine:
USA: 1-510-225-8880
Gaza: the world looks away
February 12, 2009If the IDF and Hamas have breached the laws of war, they must be held to account, to set down a marker for future conflicts
On top of the dreadful casualties from Israel’s 22-day war in Gaza, we should add a further serious injury. It is longer-lasting and threatens the lives and wellbeing of very many people in the future. In the Israel/Palestine conflict, we are seeing a terrible undermining of international law and the principle that armies should adhere to minimum standards of humane behaviour, even during the heat of battle.
If they fall below this minimum, they should, according to the laws of war, be held responsible for their war crimes – first, by their own superiors or courts, but, if necessary, by other nations or international courts. This principle – of accountability, even in war – is now in a critical condition as the standards are being ignored by Gaza’s warring parties. Then, it’s being assailed afresh by pugnacious and irresponsible remarks from leaders in the region.
Both sides endangered civilian lives during the conflict, but obviously the behaviour of Israel was massively more destructive. There were reports from Amnesty International of Israeli Defence Forces units commandeering Palestinian homes, forcing families to remain in a ground-floor room while then using the property as a military operations point. In other words, Palestinian families were used as human shields or, at the very least, were exposed to quite unacceptable risk.
Hamas is also accused of using local civilians as human shields, but since this excuse was used for every Israeli attack on civilian targets, we must await objective reports on whether this allegation is true. Even more shockingly, evidence has been growing of the IDF’s use of white phosphorous shells in residential areas – a clear war crime in exposing civilians to horrendous deep-burn injuries that have shocked and bewildered burns unit doctors in Gaza’s overrun hospital wards. Moreover, as the new BBC Panorama programme on Gaza asks, was the colossal destruction of roads, houses, factories, farms and ordinary civilian infrastructure right across the Gaza Strip (creating what an Amnesty researcher called “total devastation“) an act of “wanton destruction” and therefore itself a war crime.
It is true that virtually every conflict has involved atrocious deeds and virtually every armed force, however professional, has lapsed into barbarity. Senior military figures and their apologists will regularly seek to excuse these actions as occurring in the “heat of the moment” or because of the “tremendous pressure of conflict”, but it is notable in the House of Commons that it was MPs with a military background who were most shocked by the use of white phosphorus.
It’s depressing but predictable that, as things stand, with little word from the UN security council, no one looks likely to be held responsible for the wiping out of hundreds of civilian lives in the three-week Gaza war. This abrogation of responsibility doesn’t just let down civilians in Israel and Palestine; it lets down people all over the world. And it is not just the Bush administration that won’t apply the Geneva convention in the occupied Palestinian territories.
The UK and the EU are equally collusive in Israel’s grave breaches of international law and, as human rights lawyer Phil Shiner has pointed out, have taken no action to uphold the opinion of the International Court of Justice that held the route of the wall and the settlements a complete breach of the Geneva convention. The convention requires all high contracting parties (those who have signed and ratified it) to take action to enforce it. The UK and the EU have taken no such action and, instead, plan to upgrade the EU relationship with Israel, which already extends privileged trade access in a treaty containing conditionalities on human rights which are not invoked. By failing to uphold these standards in the occupied territories, our governments are undermining the whole structure of international law.
Adding further insult to international law in the aftermath of Israel’s massive military campaign is the strident post-conflict tone. Prime minister Ehud Olmert has recently threatened a “disproportionate” response to continuing Palestinian rocket attacks – precisely what international humanitarian law forbids and what Israel already stands accused of having engaged in.
The international criminal court’s prosecutor Luis Moreno-Ocampo recently confirmed that he is assessing whether the court has jurisdiction over war crimes committed in Gaza. But, in fact, the right way forward is for the security council to fulfil the role envisaged for it when the international criminal court was set up. It was anticipated that some international crimes would not be dealt with when the suspects were from states not party to the Rome Statute.
Instead of establishing ad hoc tribunals, as in Rwanda and former Yugoslavia, it was provided that the security council should have power to refer cases to the ICC. This was done in the case of Darfur and surely should be done in the case of Gaza.
Last November, I saw for myself the damage wrought by Israel’s 19-month blockade of Gaza, and with this battered territory now a scene of almost biblical destruction, of course I understand that humanitarian aid and reconstruction are a priority.
However, the UN security council shouldn’t turn a blind eye to wanton destruction and war crimes either. ICC cases against Israel and Hamas will prove explosive, but it’s my firm belief that it will also set down a marker for future conflict in the Middle East, as well as more widely in the world – from Sri Lanka to Burma to Zimbabwe.
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Tags:Amnesty International reports, blockade of Gaza, civilian lives, Hamas, international law, Israeli Defence Forces, Israeli war in Gaza, laws of war, UN security counci, white Phosphorous shells
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