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Investigating Israeli War Crimes in Gaza  Independent investigations and convincing testimonies, on both sides, provide compelling evidence of Israeli war crimes in Gaza. It's time to hold the guilty accountable. In February, the Adalah Legal Center for Arab Minority Rights showed conclusively how Israel violated core international law principles by indiscriminately attacking civilians in spite of IDF claims such instances were justified. Amnesty International accused Israel of war crimes and called on the UN Security Council to impose an arms embargo. Human Rights Watch (HRW) has a long record of acting as an imperial agent even while at times fulfilling its mandate "to protect the human rights of people around the world....stand with (them) and uphold political freedom (by) bring(ing) offenders to justice." It partly did this in a report titled "Rain of Fire" by citing "Israel's Unlawful Use of White Phosphorous in Gaza....over populated areas, killing and injuring civilians, and damaging civilian structures, including a school, a market, a humanitarian aid warehouse and a hospital." The IDF also used "missiles, bombs, heavy artillery, tank shells, and small arms fire in densely populated neighborhoods, including downtown Gaza City (in violation of) international humanitarian law (and laws of war) which require taking all feasible precautions to avoid civilian harm and prohibits indiscriminate attacks." HRW called the use of white phosphorous "indiscriminate, deliberate (and) reckless." It said America supplied the weapons and needs to answer for its actions. It called on the UN Security Council or Secretary-General to appoint an independent international commission to investigate credible war crimes allegations, including use of illegal weapons. Omitted from the report were over six decades of mass slaughter and destruction, a process amounting to genocide. Also not mentioned was the full impact of 22 days of attacks, Gaza still under siege, and the West Bank under military occupation. Unlisted was the death and injury toll; civilian shootings in cold blood; the vast number of homes, government buildings, hospitals, ambulances, fishing boats, crops, schools, mosques, businesses, UN buildings and shelters, entire infrastructure and neighborhoods, and all other wanton destruction. Silence as well on the incalculable toll on 1.5 million Gazans and continued assaults against them. On April 6, Physicians for Human Rights-Israel (PHRI) and the Palestinian Medical Relief Society (PMRS) compiled detailed evidence of war crimes in a lengthy report - from Gazan and medical staff testimonies of wounded being denied care, shot in cold blood at close range, prevented from being evacuated, and being terrorized "without mercy." A team of international independent legal, health, and medical experts conducted the investigation. PHRI executive director Hadas Ziv said: "One of the difficult things in the report is clear harm to innocent people....(the unleashing of) such fire power among the population." Al-Haq on Operation Cast Lead Al-Haq is an independent Palestinian NGO based in Ramallah, West Bank, established in 1979 to "protect and promote human rights and the rule of law" in Occupied Palestine. In April, it issued a position paper titled: "Operation Cast Lead and the Distortion of International Law - A Legal Analysis of Israel's Claim to Self-Defense under Article 51 of the UN Charter." The justification is preposterous by a nation absolving itself of compelling war crimes evidence. Nonetheless, on March 30 (after 11 days), the IDF closed its inquiry into military misconduct allegations with judge advocate general, Avichai Mendelblit, dismissively calling them "heresay" based on no substantiating evidence. "They were based on rumors (and) did not reflect the operational circumstances which had actually taken place on the ground." This is typical Israeli stonewalling whenever it's caught red-handed along with blaming victims for its own crimes. On March 31, a Palestinian Centre for Human Rights (PCHR) press release stated: PCHR "believes that the speed with which this inquiry was concluded illustrates the consistent failure of the (IDF) to genuinely investigate crimes (its soldiers regularly commit) against Palestinian civilians. Investigations of this nature do not meet international standards of independence and transparency, and obstruct justice." "After a long period of utmost restraint, the government of Israel decided to exercise, as of this morning, its right of self-defense....as enshrined in Article 51 of the (UN) Charter." -- that Gaza remains effectively occupied and Israel bears full responsibility for it; and
-- Israel's attack was unprovoked, preemptive, and related to the broader occupation and conflict matching the world's fourth most powerful military against a defenseless civilian population with only small arms and homemade weapons for defense. Despite its 2005 disengagement, Gaza remains occupied. Article 42 of the 1907 Hague Regulations states that: "territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised." Self-Defense under International Law The UN Charter's Article 2(4) declares that all Member States "shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any manner inconsistent with the purpose of the United Nations." However, the Charter permits armed force under two conditions - when authorized by the Security Council or under Article 51 authorizing the "right of individual or collective self-defense if an armed attack occurs against a Member....until the Security Council has taken measures to maintain peace and security." Operation Cast Lead was unprovoked aggression in the context of 42 years of occupation and conflict, and as such is "regulated exclusively by international humanitarian law," not the whim of the occupier to twist it. As an occupying power, Article 51 doesn't apply, since Israel is bound by international humanitarian laws, including Fourth Geneva Convention provisions. It has specific legal obligations over Gaza and the West Bank: -- to treat civilians humanely;
-- refrain from violence of any kind;
-- care for the sick and wounded;
-- ensure adequate food and medical supplies;
-- afford judicial guarantees; and
-- look after "protected persons" under its control in all other respects. -- distinction between combatants and military targets vs. civilians and non-military ones; attacking the latter is a war crime; and
-- proportionality prohibitions against disproportionate, indiscriminate force likely to cause damage to or loss of lives or objects. Israel violated the rules of war and occupation and committed crimes of war and against humanity. It attacked civilians disproportionately without distinction, including in densely populated areas. It made no effort to distinguish between military and civilian targets. It willfully targeted the entire Gaza population, its property and infrastructure - indiscriminately in grave breach of Geneva and other international humanitarian laws. The laws of war as well. As such, its officials and commanders are criminally liable and should be held accountable for their actions. Al-Haq concluded: "Israel's reliance on self-defence misconstrues international law in an attempt to evade (its) international legal obligations...." Its self-defense justification under Article 51 is fraudulent on its face and "holds no validity under international law." On April 3, the UN announced Richard Goldstone's appointment to head a Gaza fact-finding investigation into alleged Gaza war crimes during Operation Cast Lead. Martin Uhomoibhi, president of the UN Human Rights Council, said an independent team of experts will conduct the mission after discussing it in Geneva for the next few weeks. Goldstone is a respected jurist, having been a justice for nine years on South Africa's Constitutional Court. He also served as chief prosecutor for the Yugoslavia and Rwanda tribunals and is a Hebrew University board member. As a Jew, he was "shocked" to be appointed but promised to be fair and even-handed. He "hope(s) that the findings....will make a meaningful contribution to the peace process....and provide justice for the victims."
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