By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

JERUSALEM – On January 25, Israeli Prime Minister Olmert announced that the Cabinet approved a measure that will give legal protection to its military officers if they are accused of war crimes during the Gaza incursion.  This measure was proposed by Defense Minister Barak in response to international calls for investigations and prosecutions of possible war crimes.  

In announcing the measure, Olmert stated, “The state of Israel will completely back anyone that acted in its name… The soldiers and commanders that were sent on missions in Gaza need to know that they are safe from different tribunals.  Israel will assist them and protect them as they physically protected us during the operation in Gaza.”

Prior to gaining Cabinet support, Barak urged ministers to back the proposal; “The endorsement will ensure that since we sent out soldiers to carry out Operation Cast Lead, which was carried out exceptionally and by the most moral army in the world, the state of Israel, which sent the IDF on the mission, will give soldiers and commanders backing in the face of any external accusations or internal self-flagellation,”

The measure creates an inter-ministerial committee and is headed by Justice Minister Daniel Friedman.  It consists of representatives from the Prime Minister’s Office, the Foreign, Justice and Defense ministries, and will include experts on international law.

The purpose of the committee is “to coordinate Israel’s efforts to offer legal defense for anyone who took part in the operation.”  According to Olmert, Friedman “will formulate questions and answers relating to the army’s operations, which self-righteous people … might use to sue officers and soldiers,”

According to the proposal, Operation Cast Lead was a legitimate act of self-defense under international law, and followed years of restraint following the firing of thousands of rockets into southern Israel.  In addition, the proposal states that despite Israel’s best efforts, there were tragic and regrettable instances of civilian casualties.  Means of avoiding civilian casualties included dropping pamphlets and calling local residents to warn them to stay away from conflict zones.

The proposal also notes that Hamas “cynically” used civilians as human shields and is therefore responsible for noncombatant casualties.  In addition, Hamas is also accused of using civilians to manipulate the media and international public opinion.  According to Olmert, “Out of a policy of moral acrobatics they try to make the aggressor the victim and turn the victim into the aggressor.”  He added, “Hamas’s policy for years has been to fight to the last drop of Gaza civilians’ blood and to hurt them.”

While Israel is committing state resources to protect its soldiers from international prosecution over possible war crimes, it still has an international obligation to investigate and prosecute for violations of the law of war.  International, Palestinian, and Israeli human rights groups demand that the Israeli government investigate various allegations and hold those responsible accountable.

For example, the BBC reported on four year old Samar Abed Rabbu.  BBC’s Christian Fraser met Samar in an Egyptian hospital.  According to her uncle, an Israeli tank stopped in front of the family’s home in Jabaliya, in northern Gaza.  Israeli soldiers ordered the family out into the street.  Then, an Israeli soldier opened fire; killing Samar’s two sisters and injuring her grandmother.  Samar was shot in the back and the bullet hit her spine, making it unlikely that she will walk again.

According to Samar’s uncle, the soldiers were only 15 meters away and they were all carrying white flags.  Her uncle insists that this was a deliberate targeting of civilians and thus a war crime.  

The BBC went into Gaza to look for Rabbu’s family and found her father, Khalid Abed Rabbu.  Khalid’s account of the incident is similar to Rabbu’s uncle.  The BBC submitted a map of the incident, the time and date, and witness statements to the Israeli military, who promised to investigate the incident.

During the 22 day operation, Palestinian Ministry of Health, 1,314 Palestinians were killed. 412 were children under the age of 18, and 110 were women.  It is estimated that 65 percent of Palestinian casualties were civilians.  In contrast, 13 Israelis were killed during Operation Cast Lead.  Three civilians were killed by rockets fired from Gaza.  Ten soldiers were killed during the ground incursion; however, four were lost to “friendly fire.”

For more information, please see:

AFP – Israel to Protect Its Soldiers From War Crimes Charges – 25 January 2009

Bloomberg – Israel Names Team to Defend Soldiers Against War-Crime Charges – 25 January 2009

CNN – Israel Prepares Legal Defense of Soldiers – 25 January 2009

Jerusalem Post – Cabinet Okays Legal Backing for Troops – 25 January 2009

Independent – A Shameful War: Israel in the Dock Over Assault on Gaza – 25 January 2009

Reuters – Israel Promise Troops Legal Backing Over Gaza War – 25 January 2009

BBC – New Evidence of Gaza Child Deaths – 22 January 2009

BBC – Gaza Father Finds Out Child Survived – 21 January 2009

BAGHDAD, Iraq– On December 21, 2008 the Iraq government announced plans to close Camp Ashraf within two months.  The Iraqi government assumed responsibility for the security of the camp from U.S. forces earlier this year.  On January 21, 2009, Iraqi Prime Minister Nuri al-Maliki announced the government will expel all members of PMOI from the country.

For more than 20 years, members of the exiled organization People’s Mujahideen of Iran (PMOI), also known as Mojahedin Khalq (MEK) have lived in the camp, located north of Baghdad.  The camp was first opened in 1986, when members of the group fled Iran and were permitted to establish a base north of Baghdad to launch raids against Iran in support of Iraqi war efforts during the Iran-Iraq War.  The organization was also used by Saddam Hussein to suppress Shiite and Kurdish opposition in Iraq following the first Persian Gulf War.  Although PMOI claims it has renounced violence since 2001, Iraq, the United States and the European Union continue to classify PMOI as a terrorist organization.  Iraq has also accused the organization of planning suicide attacks targeting Iraqi security forces, which the organization has denied, calling the allegation a “sheer lie” on the part of the Iraqi government.

According to Iraqi National Security Adviser, Muwaffeq al-Rubaie, “over 3,000 inhabitants of Camp Ashraf have to leave Iraq and the camp will be part of history within two months.”  The Iraqi government has announced plans to close the camp on more than one occasion since the fall of Saddam Hussein;s Baathist government in 2003.  However, according to al-Rubaie, the recent decision to close the camp and the two month time table are “irreversible.”  Iraq maintains it will not allow terrorist groups to operate on Iraqi soil.

While the Iraqi government has stated that the inhabitants of the camp will not be expelled from Iraq by force, the government has not indicated where they will be permitted to reside after the two month deadline expires.  The government has stated that members of the PMOI will either be returned to Iran, at their own request, or to another country where they currently hold a passport of residence.  According to al-Rubai, currently 914 PMOI members do have passports of residency for a third country.

Amnesty International has urged the Iraqi government to classify members of PMOI as “protected persons” under the Fourth Geneva Convention, Relative to the Protection of Civilian Persons in Time of War.  Classifying members of the organization in this manner will preclude the Iraqi government from extraditing or forcibly returning people to their countries of origin where they may be subject to torture, cruel, inhuman and degrading treatment or execution.

For more information, please see:

Gulf Daily News – Iraq Terror Clamp – 24 January 2009

Tehran Times – Iraq to Close MKO Camp in Two Months – 24 January 2009

Hartford Courant – Iraqi ACcuses Iranian Opposition Group of Planning Suicide Attack; Exiles Deny Allegation – 23 January 2009

Reuters – Iraq Says Will Shut Iran Rebel Camp in 2 Months – 23 January 2009

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

JERUSALEM, Israel – Israel announced on January 21 that the Israeli Defense Force (IDF) would begin an investigation into the alleged illegal uses of phosphorus shells in Gaza.  The Israeli army states that its use of weapons during the Gaza offensive was completely legal, however, until recently refused to specify which weapons had been used.

International law forbids the use of indiscriminate weapons, or weapons that unnecessarily harm civilians.  White phosphorus sticks to human skin and will continue to burn through the skin to the bone. killing most exposed to it.  Although the use of phosphorus shells is allowable under international law, it is only permitted for specific uses, such as lighting up an area at night, or creating a smoke screen to mask troops.  The use of white phosphorus in civilian areas is prohibited by the Geneva Conventions. 

Amnesty International and Human Rights Watch have both accused Israel of using white phosphorus in densely populated civilian areas in Gaza.  Human Rights Watch reported on January 10 that Israel appeared to be using white phosphorus to hide military operations in Gaza, however the shells were being detonated in or near densely populated areas causing many civilian casualties.  Amnesty International claims that Israel’s use of phosphorus in such an indiscriminate manner constitutes a war crime.

Medical reports coming from Gaza seem to support the claims that many civilians were exposed to the deadly chemical.  A surgeon at the Shifa hospital claimed that he treated many patients with burns unlike those he had ever seen.  He said he had already lost 60 to 70 patients due to severe burns and related injuries and that he had also been losing patients with relatively small burn injuries unexpectedly.  The wounds were consistent with phosphorus exposure.

At first, Israel denied all use of phosphorus weaponry.  However, it acknowledged on January 20 that it had used phosphorus shells, claiming that all use during the offense was allowable under international law.  Israeli media sources have claimed that approximately 200 shells were fired, but that they were mostly fired over orchards where gunmen and rocket launchers were known to be hiding.

For more information, please see:

Associated Press – Israel Will Investigate Use of Phosphorus Shells – 21 January 2009

BBC – Israel to Probe Phosphorus Claims – 21 January 2009

International Herald Tribune – Israeli Use of Phosphorus Shells Under Investigation – 21 January 2009

The National – Israel Accused of Phosphorus Use – 21 January 2009

Times Online – Israel ‘Admits’ Using White Phosphorus Munitions – 21 January 2009

Amnesty International – Amnesty International Team Reports From the Rubble of Gaza – 20 January 2009

BBC – New Israel Phosphorus Accusation – 20 January 2009

The Guardian – Gaza Doctors Struggle to Treat Deadly Burns Consistent with White Phosphorus – 20 January 2009

Reuters – Amnesty Accuses Israel of Crimes Over White Phosphorus – 19 January 2009

Human Rights Watch – Israel: Stop Unlawful Use of White Phosphorus in Gaza – 10 January 2009

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

GAZA CITY, Gaza – On January 18, Hamas announced an immediate ceasefire by its militants and allies.  The ceasefire was announced by Hamas’ deputy chief in Syria, Moussa Abou Marzouk.  In addition to immediate withdrawal of Israeli troops from Gaza, Hamas also demanded, “the opening of all the crossings for the entry of humanitarian aid, food and other necessities.”

Hamas’ statement followed Israel’s declaration of a unilateral ceasefire on January 17.  On January 18, Israeli Prime Minister Olmert clarified Israel’s conditions of the ceasefire.  “If the firing continues, the IDF is prepared. We’ll know how to act without hesitations as required… The ceasefire decision leaves Israel with the freedom of power to respond and resume its military activities should the terror organizations continue firing… The ceasefire is fragile and must be examined minute after minute, hour after hour.”

In announcing the ceasefire, Olmert said that Israel has achieved its goals and that Hamas had been defeated – Hamas was badly damaged both militarily and in terms of government infrastructure; rocket factories and dozens of smuggling tunnels had been destroyed.  The success of the ceasefire depended on Hamas and Israeli troops would remain in Gaza for the time being.  According to Olmert, if Hamas held fire, the military would “consider pulling out of Gaza at a time that befits us.”

Following the announcement of the ceasefire, Israel rebuffed international calls for a timetable for withdrawal.  “We can’t talk about a timetable for withdrawal until we know the ceasefire is holding,” said Mark Regev, spokesman for Prime Minister Ehud Olmert.  “If Hamas entirely ends its rocket fire on Israel, Israel will consider an IDF withdrawal from the Gaza Strip,” Olmert declared.  However, if that did not occur, he added, “The IDF will continue to operate in order to protect our citizens.”

The Israeli ceasefire went into effect at 2 am on January 18.  Israeli military kept up its assaults during the hours leading up to the ceasefire, and carried out more than 50 air raids overnight.  In addition, Israeli drones and helicopters were heard throughout the night and Gaza residents report that they heard troops and tanks in the streets.  Thus, despite the ceasefire going into effect, many Palestinians fear that fighting may resume at any moment.

While Israel claims that Operation Cast Lead diminished Hamas’ capability to launch rocket attacks from Gaza, in the 24 hours leading to the ceasefire, over 30 rockets and mortar rounds were fired into Israel from Gaza.  In addition, the ceasefire was subjected to an early test, with several rockets fired from Gaza into southern Israel.  Israeli military responded with retaliatory air strikes. 

In addition, at least one Palestinian has been killed since the ceasefire went into effect.  Palestinian medics report that a 20-year-old man was shot near the southern town of Khan Yunis.  According to witnesses, the young man was a farmer checking on his farm.  Israeli army report that the young man was shot because he was approaching lands that the Israeli ground troops occupied.

Since the beginning of Operation Cast Lead, it is estimated that 1,203 Palestinians have been killed and over 5,000 injured.  It is estimated that nearly 400 of those killed were children and 100 were women.  Estimates are expected to increase as the ceasefire allows Palestinian medics and rescue teams to begin searching for bodies.

For more information, please see:

AFP – Dozens of Bodies Found in Gaza Rubble as Truce Punctured – 18 January 2009

Al Jazeera – Clashes Follow Israeli “Cessation” – 18 January 2009

BBC – Hamas Announces Ceasefire in Gaza – 18 January 2009

BBC – Israel Declares Ceasefire in Gaza – 18 January 2009

Guardian – Analysis: Israeli Ceasefire Offers Respite, But Little Has Changed – 18 January 2009

Ha’aretz – Hamas Announces Cease-fire in Gaza, Gives IDF Week to Leave – 18 January 2009

Ha’aretz – Israel: No Timetable for IDF Gaza Exits Until Militants Halt Attacks – 18 January 2009 l

Xinhua – First Palestinian Shot Dead After Israel’s Unilateral Ceasefire – 18 January 2009

Yedioth – Olmert: If Shooting Continues, We’ll Respond – 18 January 2009

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

RAFAH, Egypt – On January 13, Egypt opened the border crossing at Rafah to allow medics and humanitarian aid to cross into Gaza.  Eleven doctors from Greece, Ireland, and France had been waiting in Egypt since early in the crisis to aid injured Palestinians, but were denied passage through the Rafah crossing.  The crossing is the only passage into the Gaza Strip that is not shared with Israel.

A group of nine doctors was allowed through to assist physicians already working at Nasr Hospital in Khan Yunis, a city over the border in Gaza.  However, before the doctors were allowed to cross, each was required to sign forms releasing Egypt from all liability.  Buses left from Egypt early in the evening on January 13 carrying the physicians, as well as 50 EMTs.  They returned later that evening with 42 injured Palestinians. 

However, on January 16, there were reports that Egyptian officials at the crossing were denying access to medics, humanitarian aid and the press.  A 26-person Greek medical team was denied access to Gaza.  According to members of the team, they were denied for national security reasons but were given no details.  A senior official at the border said that any foreign medical assistance must be coordinated with the Egyptian Red Crescent in order to be allowed through the border crossing.

The press has also been denied access to the area.  Neither Egyptian nor Israeli authorities are allowing media personnel into the region, even with appropriate documentation.  According the Malaysian reports, the guards at the crossing, which consists of two gates, allow media through the first gate but retain their passports, without which they cannot pass through the second gate.  Thus, media members are forced to turn around and wait in Egypt until they are allowed full passage.  As Egypt has been allowing some medical personnel to cross, many reporters have been getting some stories from doctors and medics when they return to Egypt.

Egypt held a press conference on January 12 at which it handed out a 16-page packet of information defending its position on the crisis and outlining its stance on the border crossing.  At the conference, Egypt stated that it does not want to express support for Hamas, but does want to aid the civilians living in Gaza.

For more information, please see:

Inner City Press – With Gaza Still Shelled, UN General Assembly Meets, Egypt Keeps Out Doctors, Fatah Complains of Cash, UN Takes Sides – 16 January 2009

Relief Web – Egypt-Israel-OPT: Confusion at Rafah Border Over Who Can Enter Gaza – 16 January 2009

San Francisco Chronicle – Barred Foreign Doctors Finally Cross into Gaza – 13 January 2009

The Star – Prevented From Revealing the Truth – 13 January 2009

The National – Egypt Defends Its Gaza Policy – 12 January 2009

Press TV – Rafah Crossing Still Closed to Medics – 12 January 2009