Israel defends conduct during Gaza war

Date published: 31st July 2009

Source: Al Jazeera English

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Israel has said it will investigate more than a hundred complaints of misconduct by its military during the Gaza war.

But Al Jazeera’s Sherine Tadros, who was in Gaza during the war, said a new government report was merely trying to absolve Israel of responsibility for its actions and falls far short of what is needed.

Israel defends Gaza war

Israel repeated claims that its use of white phosphorus was legal [AFP] The Israeli government has said that its war on the Gaza Strip earlier this year, that left up to 1,417 Palestinians dead, was “necessary and proportionate”. The government also said on Thursday that it was investigating about 100 complaints of misconduct by its forces during the three week war that began on December 27. “Israel had both a right and an obligation to take military action against Hamas in Gaza to stop Hamas’s almost incessant rocket and mortar attacks,” the report published by the foreign ministry said. The 163-page document was published ahead of a UN war crimes investigation that is due to be published in August and in the wake of accusations from human rights groups that Israeli forces committed war crimes and violated international law during the war. ‘Deliberate use of force’ Al Jazeera’s Sherine Tadros, reporting from Jerusalem, said many see the report as a pre-emptive strike to defend the much criticised war. She said that the report follows testimonies from witnesses and human rights organisations about soldiers’ conduct during the offensive. “What we’ve seen in the past few months since the end of the war are various human rights reports from Amnesty International, the United Nations, Human Rights Watch, as well as testimonies coming out from army soldiers themselves,” Tadros said. “What really ties all of these reports together is the idea that there was no proportionality and a deliberate use of force against the civilian population in Gaza.” Palestinian officials say 1,417 Palestinians, including 926 civilians, were killed during the 22-day assault which ended in January. Israel says that the number killed was considerably lower, and that only 295 of the dead were civilians. Ten Israeli soldiers were killed in the fighting, while three Israeli civilians were killed in rocket attacks. The report details steps that the Israeli military says were taken to minimise civilian casualties in Gaza, while claiming that some such casualties were inevitable because Hamas fighters took up positions in crowded neighbourhoods. It cited the 2.5 million leaflets dropped on the territory and 165,000 phone calls to civilians warning them to leave targeted areas as evidence of the military’s efforts. The report said international law is violated only “when there is an intention to target civilians,” and Israel denied it had such an intention. “Under international law, Israel had every right to use military force to defend its civilians,” the report said. Independent inquiry urged John Ging, the head of the United Nations Relief and Works Agency in Gaza, welcomed the Israeli report as an “acknowledgment that an investigation has to be done into what happened” during the conflict. Human rights groups have charged the Israeli army with violating international law during the war [AFP] But he told Al Jazeera that the process has taken “far too long” and added that “what we actually need is an independent investigation that is credible for both sides”.”The litmus test is that [any investigation] has to be credible to both sides. As is well documented, both sides have certain concerns and they have to be addressed. “We have to see the rule of international law applied and upheld, even-handedly, with the confidence of both populations.” The report also defended Israel’s controversial use of the chemical agent white phosphorus in the conflict, saying its use was in accordance with Israeli law. The Israeli army “used munitions containing white phosphorus” in Gaza, the government report said, but denied firing such weapons inside populated areas. International law permits the use of white phosphorus – which can cause severe burns – as an “obscurant” to cover troop movements and prevent enemies from using certain guided weapons.

Israel says investigating 100 Gaza war complaints

Date published: 30th July 2009

Source: Reuters

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JERUSALEM, July 30 (Reuters) – Israel said Thursday it was investigating 100 complaints of misconduct by its forces in a Gaza offensive this year and admitted its troops had fired white phosphorous munitions but not in violation of international law.

A 163-page government statement issued in anticipation of a United Nations war crimes investigation headed for completion next month defended the 22-day as a “necessary and proportionate” response to Hamas rocket fire at Israel.

Some 1,400 Palestinians, many of them civilians, and 13 Israelis were killed in the Dec. 27-Jan. 18 operation and Israel has repeatedly rebuffed war crimes charges by several human rights groups.

In its report published by the Israeli Foreign Ministry, Israel calls the war its response to shootings by Hamas Islamist militants in Gaza of 12,000 rockets over eight years alongside suicide bombings that killed 1,100 in Israel.

It restated Israel’s insistence it complied with international law in the 22-day campaign, adding it was “conducting comprehensive investigations” into 100 pending complaints after inquiries from U.N. and human rights groups.

Thirteen criminal files have also been opened, most involving allegations Israeli soldiers used civilians as human shields or perpetrated property damage, the report added.

Israel previously has said internal investigations by its armed forces had found no evidence of serious misconduct by troops in the Gaza fighting.

Israel also admitted outright for the first time in the report that its army had “used munitions containing white phosphorous” in Gaza, but denied violating international law, saying it had not fired such weapons inside populated areas.

Previously Israel had said it was investigating allegations that it fired weapons with phosphorous, which cause serious burns, without directly denying or confirming it had done so.

Israel has not cooperated with a United Nations probe headed by former chief U.N. war crimes prosecutor Richard Goldstone, accusing the organisation of bias against the Jewish state.

But the investigation due in August seemed a catalyst behind Israel’s report, in addition to charges published this month by 30 Israeli veterans saying they were encouraged to minimise their own casualties rather than avoid civilian deaths in Gaza.

“There are constant efforts to keep this issue on the agenda, and we reached the conclusion we should prepare a complete explanation so there would be a clear Israeli statement as to why we did what we did and how,” an Israeli ministry official said.

Rain of Fire: White Phosphorous in Gaza

In their report published today, the Human Rights Watch declares in Gaza the IDF air-burst white phosphorus in at least three unlawful ways:

1. In densely populated areas hitting homes, hospitals and UN compounds where civilians were taking shelter.
2. On the edges of populated areas therefore not taking all feasible precautions during military operations to minimize civilian harm.
3. In open areas along the boundary separating Israel and Gaza, although Human Rights Watch was not able to investigate the extend of the destruction because of the security concerns prohibiting to travel to the area.

White phosphorus munitions are not illegal if they are used properly in open areas, but the Human Rights Watch report “concludes that the IDF repeatedly exploded it unlawfully over populated neighborhoods, killing and wounding civilians and damaging civilian structures, including a school, a market, a humanitarian aid warehouse, and a hospital.”

Israel first denied its use of white phosphorus in Gaza. However, facing mounting evidence to the contrary, it declared it was using all weapons in compliance with international law but announced an internal investigation into possible improper white phosphorus use.

All of the white phosphorus shells that Human Rights Watch found were manufactured in the United States in 1989 and 1991.

The Human Rights Watch report concluded that the IDF had deliberately or recklessly used white phosphorus munitions in violation of the laws of war: “First, the repeated use of air-burst white phosphorus in populated areas until the last days of the operation reveals a pattern or policy of conduct rather than incidental or accidental usage. Second, the IDF was well aware of the effects of white phosphorus and the dangers it poses to civilians. Third, the IDF failed to use safer available alternatives for smokescreens.”

The Human Rights Watch report also reminds the international community that “The laws of war obligate states to investigate impartially allegations of war crimes” and calls for a serious international investigation and the prosecution as appropiate of those who ordered or carried out unlawful attacks using white phosphorus munitions.

Please check this if you want to watch the documentary Rain of Fire: White Phosphorous in Gaza and here if you want to download the report in English (PDF, 6.08 MB).

This 71-page report provides witness accounts of the devastating effects that white phosphorus munitions had on civilians and civilian property in Gaza. Human Rights Watch researchers in Gaza immediately after hostilities ended found spent shells, canister liners, and dozens of burnt felt wedges containing white phosphorus on city streets, apartment roofs, residential courtyards, and at a United Nations school. The report also presents ballistics evidence, photographs, and satellite imagery, as well as documents from the Israeli military and government.