Israeli War Crimes Against Children During Operation Cast Lead
 
Following Israel's Operation Cast Lead, the Palestinian Centre for Human Rights (PCHR) documented the toll on Gaza's children and published it in May. It did so "in response to the unprecedented number of children who were killed (and injured) by (the Israeli Defense Forces) during the offensive on Gaza." According to international standards, the Convention on the Rights of the Child's (CRC) definition was used to apply to anyone under age 18.

PCHR reviewed IDF killing of Gaza's children since the beginning of the Second Intifada in September 2000, then focused on the 313 youth deaths during the recent conflict. Its evidence comes from eye-witness accounts of the willful targeting of civilians, including women and children. Also covered are the psychological scars and "alarming scale of physical injuries" leaving some children blind and many others (as well as adults) permanently disabled by the loss of limbs and psychological trauma.

PCHR's report bears testimony to Israel's contempt for  international laws, its imperial agenda, culture of violence, disdain for peace, genocidal intentions, disparagement of Arabs and Islam, and its scorn for Palestinian lives and welfare.

PCHR presented 13 case studies in its report. Briefly  discussed below, they represent a small fraction of the many hundreds killed and thousands more grievously harmed.

Introduction

Since the September 2000 Second Intifada, Israeli forces killed 1179 children, including 865 in Gaza as part of a decades-long policy of collectively punishing millions of Palestinians in the Occupied Territories, mostly civilian men, women, and children.

Israel calls self-defense "terrorism" and justifies its actions as responses to militant missile or other attacks. PCHR's investigations "have consistently undermined these claims," and condemns all killing, especially of children.

In September 2006, the London Independent's Donald Macintyre headlined his story: "Gaza: The children killed in a war the world doesn't want to know about." He wrote about more than 37 children under 18 killed since June 25 during Israel's Operation Summer Rain, according to PCHR figures, out of an overall 228 total, mostly civilians.

He highlighted a "forgotten war in the Middle East" with young boys, girls and adults blown apart by Israeli shells and missiles, but who notices. He said the IDF attacks heavily populated areas indiscriminately on the pretext of fighting a "terrorist infrastructure." He stressed that "attention (was) diverted from Gaza as Israel launch(ed) a full military invasion of southern Lebanon" yet civilian deaths mounted in both areas. He listed by name Gazan children under 18 killed and by what means - from airstrikes, while playing football, missiles, shrapnel, tank or artillery shells, and shot in the head or chest at close range. Khitam Mohammed Rebhi Tayey was one - age 11. Aya Salmeya another - age 9.

Israel rarely responds to public outrage or investigates its crimes, including against children. The few times it does turn into whitewashes. After 11 days on March 30, 2009, military advocate general Avichai Mandelblit closed the IDF's inquiry into Israeli soldiers' accounts of Operation Cast Lead crimes and dismissed them as unfounded.

International Humanitarian Law (IHL) Protection for Children

Various laws apply, including the Fourth Geneva Convention and UN Convention on the Rights of the Child (CRC). As protected persons, they're to be safeguarded against willful killing, coercion, corporal punishments, torture, collective penalties and reprisals.

CRC was the first legally binding international instrument incorporating all human rights for children, including civil, cultural, economic, political and social. They're now universally agreed on non-negotiable standards and obligations supporting their rights.

CRC's Optional Protocol on the Involvement of Children in Armed Conflict took effect on February 12, 2002. Israel ratified it on July 18, 2005 and CRC in 1991. The Optional Protocol strengthens children's rights, recognizes that they require special protection, and condemns their being targeted in armed conflicts, especially in schools, hospitals or at home. Israel is legally bound under both laws and Geneva, yet disdains them repeatedly, especially by "willful killing" through indiscriminate attacks or deliberately targeting civilian areas or structures.

Truth and Lies: Operation Cast Lead and Civilian Deaths

Besides vast destruction and mass population displacement, 313 children were killed among the 1414 who died over a 23-day period. Of the 5300 injured (many seriously), 1606 were children. In all cases, the vast majority were noncombatants.

Of the children killed:

Others included:

To safeguard civilians and non-military areas and structures, IHL requires that precautions be taken in any attack, and civilian protection is paramount. Israel pays no heed and attacks indiscriminately in grave violation of the law.

Case Study One - The Olaiwa Family

Gaza City's Isma'il (age 7), Mo'men (age 13), Mo'tassem (age 14) and Lana Olaiwa, (age 9) and their mother Amal were killed when an artillery shell struck their home on January 5, 2009. Three other family members were injured, including Amal's husband, Haider, and her eldest son, Muntasser.

Two survivors were too badly injured to be interviewed. PCHR spoke to Fadwa Olaiwa, Haider's sister, who lived two floors below. She said that 42 extended family members lived in the four-story house. The shell killed five of them in their kitchen where Amal was cooking.

When Fadwa heard the explosion, she ran upstairs and saw what happened. She found Amal decapitated by the refrigerator and the other bodies close by. Haider, Muntasser and Ghadir were taken to Gaza City's al-Shifa Hospital. Haider sustained permanent facial and jaw injuries. Ghadir's right arm was seriously injured. She and her father's hearing were badly damaged. Muntasser had serious liver and stomach shrapnel wounds requiring two operations. Metal is still embedded in his right leg, and he continues to undergo treatment.

PCHR investigations confirm that no combatants or military targets were close by at the time of the attack. Artillery shells were fired indiscriminately, have a range of up to 60 km, and were used against entire areas, including civilian ones. This attack and many others like it constitute war crimes on two counts under Articles 8(2)(b)(ii) and (iv) of the International Criminal Court Statute.