[News] Wrecking Gaza
Anti-Imperialist News
news at freedomarchives.org
Fri Dec 7 14:39:36 EST 2012
Weekend Edition December 7-9, 2012
http://www.counterpunch.org/2012/12/07/wrecking-gaza/
<http://www.counterpunch.org/2012/12/07/wrecking-gaza/print>
Civilian Infrastructure Targeted by Israeli Military
Wrecking Gaza
by JAMES MARC LEAS and THERESA McDERMOTT
The Israeli Defense Force (IDF) claims vast military gains
<http://www.idf.il/1283-17570-en/Dover.aspx> from its targeting of
hundreds of sites in Gaza, including substantial civilian property,
during "Operation Pillar of Cloud," the intensive 8-day bombing the IDF
initiated on November 14, 2012. But Palestinian witnesses deny that
fighters were present or that rockets had been or were being launched
from many of the sites the IDF bombed. Palestinian witnesses also deny
the claims of any other military advantage to Israel from the attacks.
They say the intent of Israeli political and military leaders was to do
exactly what Israeli forces actually did: destroy civilian property and
punish and traumatize the civilian population of Gaza.
Writing in the Jerusalem Post last March, Yaakov Katz reported the IDF
desire <http://www.jpost.com/Defense/Article.aspx?id=261274> "to do some
periodic 'maintenance work' in Gaza and to mow the lawn, so to speak,
with regard to terrorism, with the main goal of boosting its
deterrence." Thus, the IDF graphically admitted the political goal that
requires periodic attacks, destroying Palestinian civilian property, and
killing Palestinian civilians.
Evidence was collected by members of a US and UK delegation who were in
Gaza from November 27 to December 3. Members viewed destruction
throughout the Gaza Strip and interviewed Palestinian witnesses. They
found substantial evidence of violation of international humanitarian
law with regard to attacks on civilians and civilian property.
An independent and impartial investigation and prosecution is needed to
establish the guilt or innocence of those responsible. The prosecutor of
the International Criminal Court (ICC)
<http://www2.icc-cpi.int/Menus/ICC/> or, if that approach is blocked,
another tribunal established by the General Assembly under Article 22 of
the UN Charter <http://www.yale.edu/lawweb/avalon/un/unchart.htm>, may
initiate such an investigation. If the investigation shows evidence of
violations, the perpetrators should be prosecuted--including those
Israeli political and military leaders who ordered the violations.
Otherwise their immunity is likely to allow further violations.
Not waiting for the ICC to initiate its investigation, the Palestine
Center for Human Rights <http://www.pchrgaza.org/portal/en/> is calling
for establishment of a commission composed of prominent attorneys and
jurists to conduct a thorough fact-finding investigation in the coming
weeks and issue a report on its findings.
*International humanitarian law *
International humanitarian law (IHL) establishes rules for armed
conflict and military occupation with the purpose of minimizing civilian
suffering and casualties.
These rules apply to a country engaged in an occupation of territory not
its own. They apply to states and non-states alike. Thus, the rules
apply to both Israeli and Palestinian military forces in territory
occupied by Israel, including the Gaza Strip. Although Israel withdrew
its illegal settlers from Gaza in 2005, Israeli military forces retain
control over the territory, including its airspace and its land and sea
borders. The Israeli military conducts periodic military operations with
drones and F-16s and conducts military incursions on a regular basis.
Israeli naval forces regularly intercept and shoot at Palestinian
fishermen. Israeli forces along the border regularly shoot at farmers
attempting to work their land in Gaza along the border with Israel.
As occupying power, the rules provide Israel with an obligation to
protect Palestinian civilians and Palestinian civilian property. While
the Israel government may use police power to preserve order and protect
its own population, its right to use military force in occupied
territory is restricted, as described in an article by Noura Erakat
<http://www.jadaliyya.com/pages/index/8799/no-israel-does-not-have-the-right-to-self-defense->,
"No, Israel Does Not Have the Right to Self-Defense In International Law
Against Occupied Palestinian Territory."
The rules protect not just civilians but also civilian property and
other civilian infrastructure. Under the rules, a civilian building or
other civilian property might conceivably be a legitimate military
target--but only if it is being used for a military purpose and no other
method is possible. Each such facility must be assumed to be civilian
object--and therefore off limits as a military target--unless and until
evidence is shown that the building is actually being used for a
military purpose and that the attack is a military necessity.
For example, the Hague Convention IV
<http://www.icrc.org/ihl.nsf/full/195> of 1907 regarding the Laws and
Customs of War on Land provides in Article 23, "it is especially
forbidden . . .(g) To destroy or seize the enemy's property, unless such
destruction or seizure be imperatively demanded by the necessities of
war." Article 25 provides, " The attack or bombardment, by whatever
means, of towns, villages, dwellings, or buildings which are undefended
is prohibited."
In its advisory opinion on the wall
<http://www.icj-cij.org/docket/index.php?p1=3&p2=4&k=5a&case=131&code=mwp&p3=4>,
the International Court of Justice found that the Fourth Geneva
Convention <http://www.icrc.org/ihl.nsf/full/380> was applicable to
occupied Palestinian territory. The convention provides in Article 53:
"Any destruction by the Occupying Power of real or personal property
belonging individually or collectively to private persons, or to the
State, or to other public authorities, or to social or cooperative
organizations, is prohibited, except where such destruction is rendered
absolutely necessary by military operations." Although Israeli withdrew
its illegal settlers in 2005, Gaza is still considered under the control
of Israel and remains occupied territory.
Even if evidence is found that a building is being used for a military
purpose and the attack is the only way to accomplish the military
objective, an attack on the building is still unlawful if the injuries
to civilians or damage to civilian infrastructure is expected to be
disproportionate to the anticipated military advantage from the attack.
The principle is part of customary law that applies to all nations.
Protocol I of the Geneva Convention
<http://www.icrc.org/ihl.nsf/FULL/470?OpenDocument> defines this
requirement:
"With respect to attacks, the following precautions shall be taken:
(a) those who plan or decide upon an attack shall: . . . (iii)
refrain from deciding to launch any attack which may be expected to
cause incidental loss of civilian life, injury to civilians, damage
to civilian objects, or a combination thereof, which would be
excessive in relation to the concrete and direct military advantage
anticipated."
Ownership or use of a building by a government or by a semi-governmental
authority that is engaged in military combat is not sufficient to
legitimize an attack. The criteria of actual military use, necessity,
and proportionality must be met before any attack on the building can be
launched. Otherwise the attack violates International Humanitarian Law.
*Government buildings were closed and evacuated*
Government authorities in Gaza ordered all government buildings
<http://online.wsj.com/article/SB10001424127887324735104578118783342993080.html>,
including ministries, police stations, schools
<http://m.npr.org/news/World/165186079>, and other facilities, closed
and evacuated as Israeli military actions escalated around the time an
Israeli rocket extra-judicially executed the leader of the military wing
of the Hamas movement, Ahmed al Ja'bari and his bodyguard on November
14. The closure of government facilities extended even to prisoners
locked up in a jail at one police station in Gaza City visited by one of
the authors--the prisoners were all released and told to return when the
Israeli attacks ended and a real cease fire was in place.
Police stations and government ministries and offices are not inherently
legitimate military targets. Police and most government officials are
civilians, regardless of their political views, religious affiliation,
or party affiliation. If a police station or a government building is
not being used for military purposes, an attack on the police station or
ministry is a violation of international humanitarian law.
Furthermore, collective punishment of civilians and reprisals against
civilians and civilian property are both forbidden by international
humanitarian law. The Fourth Geneva Convention provides in Article 33:
"No protected person may be punished for an offence he or she has not
personally committed. Collective penalties and likewise all measures of
intimidation or of terrorism are prohibited. . . Reprisals against
protected persons and their property are prohibited."
Thus, the civilian population may not be punished by loss of a building
or other civilian infrastructure because of the acts of certain
resistance fighters. The attack on the building can only be justified if
the attack is to accomplish a present and necessary military objective
and the military advantage from the attack outweighs damage to civilians
and civilian property.
*Israeli Defence Force explains its attack on Government Buildings*
The Israeli Defense Force web site
<http://www.idf.il/1283-17607-EN/Dover.aspx> provides a day-by-day and
hour-by-hour report of actions it undertook in Gaza from November 14 to
21. The site reports on November 17 at 8:55am that "as part of the IDF
targeting of government buildings, [Prime Minister] Ismail Haniya's
headquarters, the Hamas Ministry of Interior, and the Hamas police
compound, were targeted."
The IDF website recorded a statement issued by the IDF's spokesperson,
Brig. Gen. Yoav (Poly) Mordecai on November 17 at 9:10am, who said, "the
IDF struck buildings belonging to the Hamas government. Ismail Haniyeh's
headquarters, which serve as the headquarters for the Hamas government,
was destroyed in a strike. Additionally, the Hamas' police headquarters
and the homeland security headquarters in Gaza City were also targeted."
On November 21 at 7:14am the IDF website reported that "The targets
included the Ministry of Internal Security -- which served as one of the
main command and control centers for the Hamas terror organization."
Our observation in Gaza confirms that the Israeli military attacked and
completely destroyed the Ministry of Interior, the Prime Minister's
government building, and several police stations. We also observed
severe damage to the Ministry of Health, located near the Ministry of
Interior. The damage to the Ministry of Health was not mentioned by the
IDF website.
The Interior Ministry was converted to rubble, with craters about 15
feet deep and about 40 feet across in several places from the bombs
dropped. In addition to the Health Ministry, buildings across streets on
two sides, including one housing a travel agency and a bank, had all
facing windows destroyed among other severe damage. The Israeli bombs
also killed or wounded civilians in the neighborhood.
The building housing the Prime Minister's office was also converted to
rubble. Adjacent residences were severely damaged.
Palestinian witnesses we interviewed denied that either the Interior
Ministry or Prime Minister Haniyeh's office was being used in any way at
all, as all government buildings, including both of these, had been
closed and evacuated. If true that the buildings were closed, evacuated,
and not being used in anticipation of Israeli strikes, the reasons given
for the attacks on the IDF web site do not fully explain how the
buildings could have been used for military purposes during the time
Israel was conducting its military operations.
*The IDF explains its attacks on residential housing*
The IDF website also mentions Israeli air force attacks that destroyed
or damaged residential housing. On November 17 at 7:10pm it reports that
GOC Southern Command Maj. Gen. Tal Russo addressed the media stating,
"Most of the weaponry of the terror organizations is stored in
residential houses, from which they launch the missiles and the rockets
against Israel."
Similarly, on November 19 at 7:10am the IDF website reports, "The IDF
targeted buildings owned by senior terrorist operatives, used as command
posts and weapon storage facilities."
On November 20 at 6:40 am, the website reports, "We also struck the
house of several senior officers within the terror organizations, of the
rank of company commander and battalion commander."
Delegation members visited with Wallid Al Nasassra, a neighbor of one of
the 55 houses destroyed by IDF bombs during Operation Pillar of Cloud.
An F-16 rocket targeted a home 200 yards away in which his brother,
Teewfiq Mamduh Id Abid, Teewfiq's wife, Amani Ibrm Qader, and 10 of
Teewfiq's children were living. Two of the children were killed in this
attack and 7 children were injured. Only one of the children escaped
uninjured. The witness's brother and his wife were both severely
injured. The Al Nasassra area is between Rafah and Khan Younis, on land
evacuated by Israeli settlers in 2005. Wallid Al Nasassra denied that
rockets were stored in the demolished home or that the owners were in
any way associated with fighters. Nor, he said, were any of the
neighboring homes used for storing rockets. He also said that neighbors
would not permit fighters to be in the vicinity of their homes. Israeli
forces have so far released no evidence supporting their assertion of
rocket storage at this or other residences they destroyed.
Similarly, the attack on the houses of several senior officers would
only be legitimate if military activity was being conducted in the
houses, the attack on the houses was the only way to accomplish the
military goal, and if the military advantage from the attack was not
outweighed by damage to civilians and civilian property. Nothing in the
IDF report indicated whether the houses of the senior officers contained
women and children and whether the senior officers who supposedly were
the targets were at home during the attacks.
*The IDF explains its attacks on a football stadium *
The IDF website quotes IDF Spokesperson Brig. Gen. Yoav (Poly)
Mordechai on November 19 at 1:40pm stating: "we attacked a stadium in
Gaza City after receiving verified information of a launch from within
the stadium, again showing the terrorists' continued use of civilian
centers." On November 19, @IDFSpokesperson posted this message on
Twitter <file://localhost/IDFSpokesperson/status/270578093431853059>: "3
days ago, Palestinian terrorists used a stadium to fire rockets to Tel
Aviv & Jerusalem. We targeted site this morn." The post included a map
with X marking two spots within the stadium from which the IDF says
rockets were fired 3 days earlier.
However, a Palestinian witness at the site denied that any rockets were
launched. Large craters are found adjacent the goals at both ends of the
football field as if the F-16 pilot was aiming for scoring goals with
his bombs rather than quenching rocket fire. Bombs also hit seating
areas of the stadium. No fighters were reported hit by any of the
Israeli bombs striking the stadium. The IDF so far has not released
evidence supporting their assertion of rocket firing from the stadium.
Israeli forces did not explain how they could wait 3 days to attack the
site while still claiming that bombing the stadium provided military
advantage and remained a military necessity. The necessity argument is
further diminished by the lack of IDF explanation as to how cratering
the field in two places, rendering it unusable for football, would
prevent, rather than encourage, its future use as a site for launching
rockets, if indeed the IDF actually has evidence to prove it ever was a
launch site.
*The IDF explains its attacks on a financial institution *
The IDF website reports on November 20 at 6:40 am, "A financial
institution used by Hamas to fuel its terror activity was targeted in
the northern Gaza Strip." At 9:30 that morning Brig. Gen. Mordecai said,
"During the night we attacked and hit one hundred targets, including a
financial center controlled by Hamas.
While the financial institution may have been engaged in financial
activity that the IDF objected to, the IDF justified its attack
exclusively based on its financial activity rather than based on any
military activity taking place at the financial institution.
The IDF position that a financial institution is a legitimate military
target if engaged in financing an organization considered to be an enemy
is likely to concern Israelis who may wonder whether their own financial
institutions may now become legitimate military targets if they have
financial transactions with the Israeli government, settlers, or other
occupation authorities. The Israeli justification may also surprise
large numbers of Americans who believe that the World Trade Center in
New York--which housed financial institutions--was not a legitimate
military target.
In the case of the financial institution, the IDF statement that it
attacked this civilian property because of its financial activity
appears to be an admission of a plan or policy to attack civilian
property without regard to the requirements of military objective and
military necessity.
In a report on November 17, the BBC reported
<http://www.bbc.co.uk/news/world-middle-east-20374282>, "The army told
the BBC it wanted to hit hundreds more [targets] and that it was
legitimate to target anything connected with Hamas." Thus, Israeli
military officials further admitted plan or policy to base its targeting
outside the requirements of international humanitarian law.
According to the Palestine Center for Human Rights weekly report for
November 14-21, the Israeli Occupation Forces carried out 1350 air
strikes in which 1400 missiles were launched during the 8-day assault on
Gaza: 55 houses were completely destroyed and hundreds of houses
sustained damage. 2 mosques were completely destroyed and 34 others were
damaged. 8 government establishments, 13 security offices and police
stations, and 2 bridges connecting the central Gaza strip with the north
were destroyed. 6 media offices, 6 health institutions, 28 educational
institutions, and 22 civil and charity associations were targeted. And
dozens of agricultural lands sustained big damage.
PCHR states that 168 Palestinians, including 100 civilians were killed
by the Israeli military. Among the civilians killed were 35 children, 14
women, and 2 journalists. 1288 Palestinians were wounded including 1261
civilians. Among the civilians wounded were 466 children, 219 women, and
10 journalists.
While in Gaza, the authors visited sites including the government
Interior Ministry and the adjacent Health Ministry, the office of the
prime minister, a police station, a soccer stadium, a sports facility,
and the Islamic bank. Palestinian sources maintain that no fighters were
present and no rockets were fired from any of these places and thus they
were not legitimate military targets.
*The IDF site does not explain its attacks on a sports facility *
An F-16 dropped bombs on a building in Gaza City that housed the
AlJazeera Club and the Islamic Bank. Housed on the second floor of a
four story building, the Al Jazeera Club is a sports facility for
athletes, girls and boys, and disabled people of all ages. It
particularly includes facilities to help the disabled and rehabilitate
them physically and socially and to integrate them into other segments
of society. Two members of the Al Jazeera Club represented Palestine at
the London paralympic games. One member won a Gold medal in javelin at
the Asian Paralympic Games in 2010. The Club is the only sports facility
for the disabled in Gaza. The Club is also one of few places in Gaza
that encourages girls and women to participate in sports. The bombs
completely destroyed the entire Club facility.
The Islamic Bank, located on the ground floor just below the Club, was
also completely destroyed, leaving a large crater in its floor. As other
banks in Gaza were also targeted, Palestinians think that destroying the
bank was the target of the attack.
Two floors of unfinished new construction were located above the Club.
According to PCHR, no fighters were in or near the building. No rockets
were being launched. No activity of any kind was in the building, as it
had been evacuated. The building could therefore not have been a
legitimate military target.
A building next door was also completely destroyed making seven families
homeless. The IDF has identified no military objective that outweighs
the destruction of the building, the Al Jazeera Club, the Islamic Bank,
and the residential building next door. Thus, the attack could also be
considered disproportionate.
In the cases investigated, Israel's destruction of civilian property
appears to have provided no military advantage. Damage to civilian
property was disproportionate and the IDF website admits that some of
the attacks were in reprisal. In all of the cases reported here,
interviewees reported that no Palestinian fighters were in the property
bombed by Israeli forces. Consequently military necessity does not
appear to be available.
Further investigation is needed into the apparent violations. The
International Criminal Court should conduct the investigation or, if the
ICC fails to do so, an International Criminal Tribunal for Israel should
be established by the UN General Assembly as a 'subsidiary organ' under
U.N. Charter Article 22
<http://www.yale.edu/lawweb/avalon/un/unchart.htm> to conduct the
investigation. The ICC or the tribunal should prosecute Israel's top
generals and other military and political leaders if the investigation
confirms the violations.
Israel's "Pillar of Cloud" follows Israel's "Operation Cast Lead" by
less than four years. Immunity and impunity continue--despite the
findings of the UN Goldstone Report
<http://www2.ohchr.org/english/bodies/hrcouncil/specialsession/9/factfindingmission.htm>.
If that immunity and impunity is allowed to continue further violations
are inevitable.
/*James Marc Leas* and *Theresa McDermott* participated in the US and UK
emergency delegation to Gaza November 27 to December 3. James, from S.
Burlington Vermont, is a co-chair of the National Lawyers Guild Free
Palestine Subcommittee. Theresa, from Edinburgh Scotland, participated
in two of the voyages to Gaza with the Free Gaza Movement/
--
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415
863.9977 www.freedomarchives.org
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