By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East
LONDON, England – On January 11, the Times ran an editorial endorsed by 27 prominent lawyers and academics, which called the Israeli operations in Gaza war crimes. While calling the Hamas rocket attacks “deplorable,” these legal scholars argue that the attacks do not justify Israel’s actions. They reject Israel’s argument that the operations in Gaza are justified as self defense and state that under international law, self defense is subject to the principles of necessity and proportionality.
The editorial states: “The killing of almost 800 Palestinians, mostly civilians, and more than 3,000 injuries, accompanied by the destruction of schools, mosques, houses, UN compounds and government buildings, which Israel has a responsibility to protect under the Fourth Geneva Convention, is not commensurate to the deaths caused by Hamas rocket fire.”
The group contends that Israel’s actions amount to aggression, not self-defense, “not least because its assault on Gaza was unnecessary.” In addition, the group argues that Israel’s invasion and bombardment amounts to collective punishment of Gaza’s 1.5 million residents. Also, “the blockade of humanitarian relief, the destruction of civilian infrastructure, and preventing access to basic necessities such as food and fuel, are prima facie war crimes.”
The group recognized that Hamas rocket and suicide attacks are also war crimes. The group also recognized that “Israel has a right to take reasonable and proportionate means to protect its civilian population from such attacks.” However, the manner and scale of Israel’s operations amount to acts of aggression and are “contrary to international law, notwithstanding the rocket attacks from Hamas.”
Similarly, condemnation from states and human rights groups continue to increase as the Israeli operations in Gaza enter their third week. For example, on January 12, Iranian Foreign Ministry spokeman, Hassan Qashqavi, stated that it is expected that an international court will bring to justice the Israeli leaders for crimes against humanity and war crimes in Gaza. Qashqavi’s statements followed a call by Iranian President Mahmoud Ahmadinejad to leaders of the regional states to support a demand for an international war crimes tribunal.
In addition, Malaysian Prime Minister Datuk Seri Abdullah Ahmad Badawi tabled 10 resolutions before the UN General Assembly relating to Israel’s operations in Gaza. Specifically, one urged the General Assembly to immediately set up an International Crimes Tribunal to investigate and prosecute suspected Israeli war criminals involved in the atrocities against Palestinians.
Additionally, Raji Sourani from the Palestinian Center for Human Rights said the Palestinian Authority will conduct legal proceedings against top Israeli officials for alleged war crimes committed during the Gaza operations. According to Sourani, “The repeated bombing of clearly marked civilian buildings, where civilians were sheltering, crosses several red lines in regard to international law.”
According to Richard Falk, Israel’s violations include collective punishment, targeting civilians, and disproportionate military response. While UN figures state that only a quarter of the casualties have been civilians, Mezan Center for Human Rights said that 85 percent of those killed were noncombatants. In particular, the center mentions that over 200 children have died since Operation Cast Lead began on December 27.
The Mezan Center explains the difference between their figures and the UN’s figures is the UN’s reluctance to include men, other than the elderly or infirmed, as noncombatants. The center notes that the vast majority of men killed are not “Hamas militants,” but rather they are teachers, students, shopkeepers, construction workers, laborers, students, as well as the civil policemen. Under international law, police officers are considered noncombatants and are not legitimate targets
For more information, please see:
Free Gaza – ‘Spirit of Humanity’ Leaves for Gaza – 12 January 2009
ISRIA – Iran Calls for Trial of Israeli Leaders for War Crimes in Gaza – 12 January 2009
Sun2Surf – Investigate, Prosecute Israelis for War Crimes, UN Urged – 12 January 2009
EasyBourse Actualités – Syrian Foreign Min Accuses Israel of Gaza ‘War Crimes’ – 11 January 2009
Times – Israel’s Bombardment of Gaza is Not Self-Defence – 11 January 2009
Wall Street Journal – George E. Bisharat: Israel Is Committing War Crimes – 10 January 2009
Anti-War.com – Israel May Face Charges for War Crimes – 8 January 2009
Alter.Net – Israel’s War Crimes – 7 January 2009
Foreign Policy Association – Palestinian Authority to File War Crimes Charges Against Israel – 7 January 2009
