By Brittani Howell

Impunity Watch Reporter, Middle East

 

JERUSALEM, Israel – The United Nations released a report on Monday concluding that war crimes may have been committed by both Israel and Palestinian militants during the 2014 conflict in the Gaza Strip. The investigation revealed “serious violations of international humanitarian law.”

Shoppers take cover in shopping mall as air raid siren warns of incoming rockets on July 10, 2014. (Photo Courtesy of New York Times)

The report found that 2,251 Palestinians were killed, 1,462 of whom were civilians. It was also found that 67 Israeli soldiers were killed, as well as six civilians. Children on both sides were “savagely affected,” the report concluded. “Children on both sides suffered from bed-wetting, shaking at night, clinging to parents, nightmares, and increased levels of aggressiveness.”

The conflict, which ended with a truce, lasted for 50 days during July and August 2014. On June 12, 2014 three teenagers had been kidnapped and killed by two Hamas militants. Israel cracked down against Hamas who responded with rocket fire. Israel in turn began a military operation and launched an offensive against Gaza Strip.

The report stated that Israel launched 6,000 airstrikes, 14,500 tank shells, and 35,000 artillery shells. Palestinians were found to have used 4,881 rockets and 1,753 mortars.

It was found that Israel used artillery in residential areas, which violated rules of “distinction, precaution, and proportionality.” These violations could constitute as a war crime. In addition, attacks on medical and school facilities that had been used as shelters may be considered another war crime.

Israel dismissed the investigation and refused to co-operate stating that the investigation was “politically motivated and morally flawed.” Israel’s Foreign Ministry stated that the report, “failed to recognize the profound difference between Israel’s behavior… and the terror organization it confronted.”

The report also found that Palestinian armed groups, “indiscriminate nature of most of the projectiles launched into Israel and the targeting of civilians” may constitute a war crime. Palestinian officials, while reviewing the report expressed a commitment and respect for international laws. A Hamas official rejected the reports findings that Palestinians committed any war crimes, arguing that military sites had been targeted not civilian areas.

International humanitarian law requires that there be sufficient warning when civilian areas may be affected by attacks. Israel used roof-knocks, small strikes that precede major attacks. The report found that these however do not constitute as an effective warning.

The UN Human Rights Council (UNHRC) led the investigation, which resulted in a 217 page report based off 280 interviews with witnesses and victims, 500 written submissions, and other publically available sources. The investigation began with William Schabas as head, but Mary McGowan Davis, took over after allegations of bias. William Schabas had previously done work for the Palestine Liberation Organization.

The UN Human Rights Council will discuss the report this month. Ms. McGowan Davis stated that the report must not be considered a judicial process but rather as objective findings to lay groundwork for further investigation.

For further information, please see:

BBC- Gaza Conflict 2014: ‘War Crimes by Both Sides’- UN – 22 June 2015

CNN- Israel, Palestinians Both may Have Committed War Crimes in 2014 Conflict – 22 June 2015

New York Times- U.N. Report on Gaza Finds Evidence of War Crimes by Israel and by Palestine Militants – 22 June 2015

Reuters- Israel, Palestinians may Have Committed War Crimes in Gaza: U.N. Report– 22 June 2015

Author: Impunity Watch Archive