By Yasmine S. Hakimian
Impunity Watch Reporter, Middle East

BEIT HANOUN, Gaza – On September 18, South African archbishop, Desmond Tutu, argued that Israel may have committed a war crime when it attacked Beit Hanoun in Gaza two years ago. Israel has repeatedly explained the shelling resulted from a flawed artillery firing system. The Israeli military claims their private investigation of the shelling uncovered a technical error. Mr. Tutu is critical of the explanation in his report to the UN Human Rights Council.

Israel’s shelling of Beit Hanoun killed 19 people. In his report to the UN, Mr. Tutu asks Israel to pay compensation to the victims. The report includes horrific accounts from several people who survived the shelling. The victims speak of dead people lying in the streets, local hospitals being overwhelmed, and of victims paying guards at Israeli checkpoints to receive treatment.

Defying the standards for international humanitarian law, Mr. Tutu claims the shelling shows a disproportionate and reckless disregard for Palestinian civilian life. As a result, he is concerned that a war crime may have occurred.

In his report, Mr. Tutu asked for an independent investigation into the shelling. He argued that the largely secret internal investigation performed by the Israeli military is legally and morally unacceptable.

Even as a UN special advisor, Mr. Tutu never received a report from the Israeli investigation. Mr. Tutu protested that without a well-founded explanation from the military and no independent investigation, no one has been held accountable for the shelling.

He explained the shelling has greatly increased the suffering of Gazans who are entitled to protection and support from Israel. Residents of Gaza have been stripped of their right to life through the killings that occurred in Beit Hanoun and the lack of an appropriate investigation into the deaths. 

At the presentation, the Palestinian ambassador to the UN, Mohammad Abu-Koash, said the International Court of Justice and the International Criminal Court should be contacted about Mr. Tutu’s report. In disagreement, the Israeli ambassador to the UN, Aharon Leshno Yaar, said nothing can be gained by rehashing the shelling now as a thorough investigation was performed and the results were shared with the UN.

According to Barnaby Philips, a reporter for Al Jazeera, “there is no relief in sight for Gazans and little indication that Tutu’s report can alter the grim facts of the Beit Hanoun killings.”

For more information, please see:

Al Jazeera – Tutu Urges Israel ‘War Crime’ Probe – 19 September 2008

Jerusalem Post – Tutu: Israel May Have Committed War Crime – 16 September 2008 

BBC – Israel Raid ‘Could be a War Crime’ – 15 September 2008

Ha’aretz – Archbishop Tutu to UN: Israel May Have Committed War Crime – 15 September 2008

Ynet – Tutu Says Israel May Have Committed War Crime – 15 September 2008