Impunity for war crimes in Gaza a recipe for further civilian suffering
Israeli forces killed hundreds of unarmed Palestinian civilians and destroyed thousands of homes in Gaza in attacks which breached the laws of war, Amnesty International concluded in a new 117-page report published today - the first comprehensive report to be published on the 22-day conflict earlier this year.
Download the Report, Operation 'Cast Lead': 22 days of death and destruction (pdf 1.2Mb), now.
“Israel’s failure to properly investigate its forces’ conduct in Gaza, including war crimes, and its continuing refusal to cooperate with the UN international independent fact-finding mission headed by Richard Goldstone, is evidence of its intention to avoid public scrutiny and accountability,” said Donatella Rovera, who headed a field research mission to Gaza and southern Israel during and after the conflict.
“The international community, led by the UN Security Council, must use all its leverage to ensure that Israel cooperates fully with the Goldstone inquiry, which now offers the best means to establish the truth.”
Hamas and other Palestinian armed groups fired hundreds of rockets into southern Israel, killing three Israeli civilians, injuring scores and driving thousands from their homes. “Such unlawful attacks constitute war crimes and are unacceptable,” added Rovera.
The report, based on evidence gathered by Amnesty International delegates, including a military expert, during field research in January and February, documents Israel’s use of battlefield weapons against a civilian population trapped in Gaza, with no means of escape.
The scale and intensity of the attacks on Gaza were unprecedented. Some 300 children and hundreds of other unarmed civilians who took no part in the conflict were among the 1,400 Palestinians killed by Israeli forces.
Most were killed with high-precision weapons, relying on surveillance drones which have exceptionally good optics, allowing those observing to see their targets in detail. Others were killed with imprecise weapons, including artillery shells carrying white phosphorus – not previously used in Gaza - which should never be used in densely populated areas.
Amnesty International found that the victims of the attacks it investigated were not caught in the crossfire during battles between Palestinian militants and Israeli forces, nor were they shielding militants or other military objects. Many were killed when their homes were bombed while they slept. Other were sitting in their yard or hanging the laundry on the roof. Children were struck while playing in their bedrooms or on the roof, or near their homes. Paramedics and ambulances were repeatedly attacked while attempting to rescue the wounded or recover the dead.
“The deaths of so many children and other civilians cannot be dismissed simply as ‘collateral damage’, as argued by Israel,” said Donatella Rovera. “Many questions remain to be answered about these attacks and about the fact that the strikes continued unabated despite the rising civilian death toll.”
More than 3,000 homes were destroyed and some 20,000 damaged in Israeli attacks which reduced entire neighbourhoods of Gaza to rubble and left an already dire economic situation in ruins. Much of the destruction was wanton and could not be justified on grounds of “military necessity”.
The Israeli army has not responded to Amnesty International’s repeated requests over the past five months for information on specific cases detailed in the report and for meetings to discuss the organization’s findings.
"For its part, Hamas has continued to justify the rocket attacks launched daily by its fighters and by other Palestinian armed groups into towns and villages in southern Israel during the 22-day conflict. Though less lethal, these attacks, using unguided rockets which cannot be directed at specific targets, violated international humanitarian law and cannot be justified under any circumstance,” added Rovera.
In addition to locally made Qassam rockets, Palestinian militants often fired longer-range Grad-type rockets smuggled into Gaza via the tunnels on the Egyptian border, which reached deeper into Israel and placed many more Israeli civilians at risk.
“Five months on, neither side has shown any inclination to change its practices and abide by international humanitarian law, raising the prospect that civilians will again bear the brunt if fighting resumes,” said Donatella Rovera.
Under international law, states have a responsibility to exercise universal jurisdiction and start criminal investigations in national courts, wherever there is sufficient evidence of war crimes or other crimes under international law, to arrest and bring to justice alleged perpetrators.
“Those responsible for war crimes and other serious violations must not be allowed to escape accountability and justice.”
Among other recommendations, the report calls on states to suspend all transfers of military equipment, assistance and munitions to Israel, Hamas and other Palestinian armed groups until there is no longer a substantial risk that such equipment will be used to commit serious violations of international law.
It calls on Israel to commit not to carry out direct, indiscriminate or disproportionate attacks on civilians; or use artillery, mortars and white phosphorus weapons in densely populated areas; and to end its blockade on the Gaza Strip, which is collectively punishing the entire population.
It urges Hamas to renounce its policy of unlawful rocket attacks against civilian population centres in Israel and to prevent other armed groups from carrying out such attacks.


Comments
Steve | Posted on 9 July 2009, 11:10AM | Report comment
Former commander of British forces in Afghanistan Col. Richard Kemp told a conference in Jerusalem on June 18, 2009 that the Israel Defence Forces did more in the recent Gaza conflict to safeguard the rights of civilians in a combat zone than any other army in the history of warfare.
Follow the link on my name to see a summary of his comments, and see further links to a full transcript of his talk, or a video of the presentation.
Steve | Posted on 9 July 2009, 10:59AM | Report comment
Arab rejectionism part 3:
For sixty years since their self-inflicted, violent and catastrophic rejection of the UN partition, misguided, self-serving Arab leaders have kept the refugees of 1948 and their descendants in squalid camps as cannon fodder, fed on hatred and false hope; and squandered repeated opportunities for statehood and economic progress.
Similarly misguided Australian human-rights activists like Amnesty and support Arab despots and terrorists by vilifying Israel and agitating for its political isolation.
Instead they should call for a new and fundamentally different Arab leadership, and stop importing the conflict to Australia.
Steve | Posted on 9 July 2009, 10:55AM | Report comment
Arab rejectionism, part 2:
In 1949, Israel offered to return captured land as part of a formal peace agreement. Arab rulers refused.
From 1948 to 1967, Israel did not control the West Bank and Gaza. The PLO could have demanded an independent state from Jordan and Egypt, but did not. Had they sought peace and reconciliation, instead of rejection and global terrorism, a Palestinian state could have been established from the 1960’s.
They rejected the offer of Palestinian autonomy in the 1979 Egypt-Israel peace negotiations. They scuttled the Oslo process that began in 1993 leading toward the creation of a Palestinian state, by violating their commitments. In 2000, they also rejected the offer at Camp David to create a Palestinian state.
Steve | Posted on 9 July 2009, 10:53AM | Report comment
Dear Neda
True friends of the Arab refugees in Palestine should be directing their attention to overhauling the failed Arab leadership that has impoverished and tormented the refugees for decades.
Arab leaders violently persecuted the Jewish population in Palestine from the 1920s, and launched a relentless campaign, against the interests of their own people, to obliterate the Jewish national revival ….before any “occupation” and even before the establishment of the State of Israel.
They flatly rejected the restoration of the Jewish homeland as mandated by the League of Nations in 1920. Even after Jordan was created from 80% of the British Mandate of Palestine, they rejected the 1937 Peel Commission proposal to partition the remaining 20%.
But for the Arabs’ violent attempt to abort the 1947 UN partition there would have been no war, and no dislocation in the first place.
…and the rejection of Jews continues to this day.
Neda | Posted on 9 July 2009, 12:10AM | Report comment
@Steve, let me say that I dont see Hamas as heros and I believe they are terrorist group however i recomment to you to make sure you read about how they come together and when and why before you make a claim that Palestinians had terrorist group amongst them before the Israel occupation.
Wasalu | Posted on 8 July 2009, 06:40PM | Report comment
israel needs to be held accountable first. It has a higher level of responsibility, a duty of care per se, than Hamas. Israel is a part of the UN, Hamas is not. Nor does Hamas represent any sort of majority in Palestine.
Marilyn | Posted on 8 July 2009, 06:01PM | Report comment
Steve and Sandy, the Israeli’s have the biggest army in the region, they do still occupy Gaza and it is a war crime to attack a place that you already occupy.
Honest to god will the Israeli’ machine spinners give us all a rest now?
Israel has been a terrorist state since 1948 and nothing can change that reality.
When every human rights group in the world, including all the Israeli ones, say the same things well you know that probably means they are true.
Hamas did hold the truce, Israel broke it and murdered over 1400 people because Hamas wanted to join the political system.
And don’t forget that Israel started Hamas and the US started their funding.
Sandy | Posted on 8 July 2009, 05:40PM | Report comment
Amnesty International’s hysterical and relentless criticism of Israeli self-defence in Gaza just supports the Hamas terrorist regime there.
It will have the opposite of the intended effect, because it will prolong the conflict and the suffering of innocent civilians on both sides.
The world should hold Hamas terrorists to account. If they desist from their murderous policies, the conflict would end.
Steve | Posted on 8 July 2009, 05:24PM | Report comment
Claims that Hamas terrorism is a form of “resistance” to Israel’s blockade of Gaza and occupation of the West Bank are patently false. The blockade of Gaza, which Israel vacated entirely in 2005, was instituted only after Hamas’s bloody coup, to prevent it from threatening Israel. If Hamas were to accede to international calls to recognise Israel, renounce violence and accept prior agreements with the Palestinian Authority, there would be no blockade. Furthermore, Palestinian terrorism commenced long before the “occupation” of the West Bank and Gaza in 1967, and even before the establishment of the State of Israel.
Perpetration of war crimes is Hamas’s everyday mode of operation.
Concerned Australians should call for Hamas to renounce terrorism and join civilised society. Providing any support that may in effect assist the Hamas regime will only encourage more terrorism and violence, and thereby prolong the death and suffering on both sides of the conflict.
Steve | Posted on 8 July 2009, 05:20PM | Report comment
The poor, suffering gazans have only their own murderous leaders to blame for their plight.
Hamas is a criminal terrorist organisation whose charter openly calls for the destruction of a sovereign nation and genocide of the Jews. It is willing and eager to transform its own constituents into martyrs to promote these goals, while exploiting their death and suffering for propaganda purposes.
Outrage should be directed against Hamas, which is its perpetrator.
Hamas and similar terrorist groups have conducted a campaign of suicide bombings, drive-by shootings, stabbings and rocket and mortar attacks on Israeli civilians since 2000. In that period, over 1,200 Israelis have been killed, 7,000 injured and 900,000 held to ransom and traumatised by this campaign of terrorism. Hamas knew exactly what it was doing when it terrorised Israeli children from behind its own children.
Lúcia Nunes | Posted on 7 July 2009, 05:55AM | Report comment
Until Israel it will torment the children and the civilians in Gaza?
They are in fact a Nation when do not accept to be investigated on war crimes?
wasalu mohammed | Posted on 3 July 2009, 12:49AM | Report comment
how about returning Palestine to the mandate system while peace terms are negotiated.
Marilyn | Posted on 3 July 2009, 12:37AM | Report comment
Yes well, let’s have the Palestinians sit around like good little vegetables to be blasted to bits then.
It’s pathetic when a human rights group like Amnesty tries to make the occupied equivalent to the brutal occupier.
wasalu mohammed | Posted on 2 July 2009, 11:24PM | Report comment
@ Marylin
because fighting back just encourages violence.
it is situations like these where the UN needs emergency powers, or where another supranational body needs to be set up to control the violence. The conflict in gaza has been going on for too long.
Marilyn | Posted on 2 July 2009, 09:59PM | Report comment
Why do you stupid people think the Palestinians should just sit around and be slaughtered and never fire back?
It is not a war crime to fight back.