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

GAFSA, Tunisia – On January 13, the appeals of the sentences of Tunisian Trade Union Leader Adnan Hajji and several other union workers were postponed until February 3.  The men were arrested due to  protests during the summer of 2008 and they each face up to 10 years in prison.  They are charged with forming a criminal group with the intent to destroy property. 

Protests arose in the region over the summer in response to a promotion lottery that was allegedly rigged by the large mining companies to prevent certain people from being selected for promotion.  Tunisian authorities arrested several people, including those mentioned above.  Hajji and 37 others were tried by Tunisian courts in December and several were sentenced with the 10-year maximum sentence.

Amnesty International has called the trials unfair, stating that at least four of the accused were tried in absentia.  They describe the prison sentences as a “travesty of justice.”

Amnesty International – Tunisian Trade Unionists’ Appeal Postponed – 13 January 2009

Impunity Watch – Tunisian Trade Leader and Others to be Tried for Protests – 9 December 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

CAIRO, Egypt – Egyptian police detained 16 members of the Muslim Brotherhood on January 14, bringing the total number of people detained during the week to over 100.  On January 13, Egypt detained at least 18 and at least 64 were detained on January 12.  At least 20 people were arrested on January 10 and 11 as well. The detainments began in response to protests against the Egypt government over the Gaza Strip.  Egyptian officials stated that those being detained are suspected of involvement with the protests.

On January 12, Egyptian police entered several homes in the Nile Delta town of Damanhur and arrested 17 Muslim Brotherhood members.  The detainees were questioned about their roles in organizing protests.  Later that day, another 47 people were arrested at protests that had gathered throughout the day.  They were arrested for obstructing traffic.   Others were detained in Sharqiya, Damietta, and Tanta provinces.  A security official confirmed that the arrests were related to the protests and that those arrested were also suspected of being members of an illegal organization. 

The Muslim Brotherhood is the chief opposition to Egypt’s current ruling party.  The Egyptian government has declared it an illegal organization but until recently it has been allowed to continue to operate within Egyptian borders.  In the 2005 parliamentary elections Brotherhood members gained a fifth of the popular vote, despite police intervention.  The Brotherhood claims that Egyptian authorities currently hold more than 700 members in custody.

The Muslim Brotherhood has idealogical ties to Hamas and thus has been particularly sensitive to the situation in Gaza.   They have called on Egyptian authorities to allow for freedom of expression of the people due to the public anger over the situation in Gaza.  Despite the detentions, protests continue to gather in many cities in Egypt as well as elsewhere in the Middle East.

For more information, please see:

Jordan Times – Protesters Gather Outside the Egyptian Embassy – 14 January 2009

Reuters – Egypt Police Hold 16 Islamists After Gaza Protests – 14 January 2009

Easy Bourse – Egypt Holds Over 35 Muslim Brotherhood Members Over Gaza Protests – 13 January 2009

Reuters – Egypt Police Detain At Least 18 In Gaza Protests – 13 January 2009

Reuters – Egypt Police Detain 64 In Delta Protest For Gaza – 12 January 2009

Reuters – Egyptian Police Hold 21 Islamists After Gaza Rally – 11 January 2009