By Meredith Lee-Clark
Impunity Watch Reporter, Middle East

 GAZA CITY, Gaza – Hamas submitted a formal response to the United Nations on February 3, rejecting allegations that it committed war crimes during the 2008-2009 Gaza War between Hamas and Israel.  Hamas has been the governing party in the Gaza Strip since 2006.

 Hamas’ fifty-two-page response said that the killing of three Israeli citizens was an accident and that Hamas only targeted military installations.  During the twenty-two day war, as many as 1,387 Palestinians, including hundreds of civilians, and thirteen Israelis were killed. 

 After the fighting ended, the U.N. commissioned an investigation and a report on the hostilities.  The mission was headed by South African jurist and former war crimes prosecutor Richard Goldstone, and the mission’s final report accused both Israel and Hamas of targeting civilians and other war crimes during the Gaza War.  The Goldstone Report also called for Israel and Hamas to conduct internal investigations about the war crimes allegations.  The deadline for submitting internal findings to the U.N. is February 5.

 Human Rights Watch, which has also condemned Israel’s actions, responded to Hamas’ response, saying the party’s “claim that its rocket attacks against Israel are not war crimes is factually and legally wrong.”

 Israel submitted its forty-six page response earlier in the week, likewise denying any allegations of war crimes and stating that two of its top military officers had been reprimanded for shelling a U.N. building where hundreds of Palestinians had been staying.  Palestinian and human rights groups rejected Israel’s account; Amnesty International called the Israeli response “totally inadequate.”    

 U.N. Secretary General Ban Ki-Moon said on February 4 that he could not determine whether Israel and Hamas had met the U.N. requirements for credible, independent internal investigations.

 

The Palestinian Authority said it would open its own internal investigation into Hamas’ actions during the war.  Palestinian President Mahmoud Abbas had announced in the week leading up to the investigation deadline that he would establish a committee to investigate the conduct of P.A. security officers during the Gaza War.  Fatah is the ruling party of the P.A., and has been at odds with Hamas since Hamas took over control of the Gaza Strip from Fatah in 2006.

 For more information, please see:

 AFP – UN Chief Uncertain if “Credible” Gaza Probes Underway – 4 February 2010

 Ha’aretz – PA to Probe Alleged Hamas Gaza War Crimes – 3 February 2010

 New York Times – Hamas Gives U.N. Response to Gaza War Crimes Report – 3 February 2010

 Human Rights Watch – Gaza:  Hamas Report Whitewashes War Crimes – 28 January 2010

 Washington Post – Human Rights Group:  Hamas Targeted Civilians – 28 January 2010