By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

GAZA CITY, Gaza – On January 1, Israel continued its military operation in Gaza, launching strikes from drones, manned aircraft and the sea.  Targets were mainly government buildings in Gaza City; including the parliament building and the justice ministry.  Palestinians also report that the buildings housing the Ministry of Education and Ministry of Transportation were virtually destroyed.  Other targets include Hamas security compounds, smuggling tunnels, and the homes of Hamas leaders.

Also, on January 1, Palestinian and Israeli sources confirmed that Nizar Rayyan, a senior Hamas leader, was killed during an air strike on his home in Gaza.  Rayyan is the most senior Hamas leader to be killed since 2004.  Israeli Channel 10 news reported that Rayyan was the “mufti” of Hamas’s military wing and had replaced Sheikh Ahmed Yassin as Hamas’ top cleric.  Palestinian medics say that Rayyan’s wife and three children were also killed in the strike.

While Rayyan often wears a military uniform, Hamas considered him to be a political leader.  Targeting him indicates that Israel might target other key members of the Hamas leadership – individuals who Israel holds responsible for the rockets fired from Gaza. 

However, Israeli targeting decisions have been criticized by some human rights organizations.  B’Tselem, an Israeli human rights organization, recently expressed concern over statements made by Israeli military officials regarding legitimate targets.  Specifically, B’Tselem cited a statement from Major Avital Liebowitz, of the IDF Spokesperson’s Office: “Anything affiliated with Hamas is a legitimate target.”  Also, Liebowitz confirmed that the army had widened its target list in comparison to previous operations. 

B’Tselem is concerned that the statement suggests that any person or entity connected with Hamas is now viewed as a legitimate target, regardless of whether they are engaged in military action against Israel.  B’Tselem went on to identify some targets that have been hit since the operation began which may not have been legitimate. 

The first example was the bombing of the main police building in Gaza, where over 40 Palestinians were killed.  According to reports, the individuals were participating in a course teaching first-aid, handling of public disturbances, human rights, and public-safety exercises.

Another example offered by B’Tselem was the bombing of specific government buildings; including the Ministry of Foreign Affairs and the Ministry of Labor, Construction and Housing.  According to B’Tselem, the activity in these places is not military activity, making them clear civilian objects.  Thus, B’Tselem concluded, targeting them is a violation of international humanitarian law.

Human Rights Watch (HRW) expressed similar concerns.  Joe Stork, Deputy Director of HRW’s Middle East and North Africa division, stated that “Israel should not target individuals and institutions in Gaza solely because they are part of the Hamas-run political authority, including ordinary police. Only attacks on military targets are permissible, and only in a manner that minimizes civilian casualties.”

“Israel must not make a blanket decision that all police and police stations are by definition legitimate military targets,” Stork continued. “It depends upon whether those police play a role in fighting against Israel, or whether a particular police station is used to store weapons or for some other military purpose.”

Like B’Tselem, HRW identified three Israeli attacks that raised particular concern about Israel’s targeting decisions and called for independent inquiries into whether the incidences violated the laws of war.  In these incidences, 17 civilians were killed, including seven children.

According to the UN, 25 percent of the over 400 Palestinians killed have been civilians.  However, this figure does not include Hamas police officers not involved in other military activity.

For more information, please see:

Al Jazeera – Israel Kills Senior Hamas Figure – 1 January 2009

Associated Press – Israelis Detail Combat Sorties over Gaza – 1 January 2009

BBC – Gaza Violence Goes into Sixth Day – 1 January 2009

BBC – Hamas Leader Killed in Air Strike – 1 January 2009

The Guardian – Israel Rejects Ceasefire as Warplanes Attack Government Buildings in Gaza – 1 January 2009

Jerusalem Post – Nizar Rayyan Considered Successor of Ahmen Yassin – 1 January 2009

Radio Netherlands – Israel Targets Government Buildings in Gaza Strip – 1 January 2009

B’Tselem – B’Tselem to Attorney General Mazuz: Concern over Israel Targeting Civilian Objects in the Gaza Strip – 31 December 2008

Human Rights Watch – Israel/Hamas: Civilians Must Not be Targets – 30 December 2008

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

NEW YORK CITY, United States – On December 31, the UN Security Council held an emergency meeting at the request of the Arab League to discuss Israeli operations in Gaza.  The Security Council envoys began with closed-door consultations but then moved into a formal public meeting.  During the meeting, Libya, the only Arab state on the Security Council, presented a resolution drafted by the Arab League earlier that day.

The draft resolution “strongly condemns all military attacks and the excessive, disproportionate and indiscriminate use of force by Israel, the occupying power, which have led to the death and injury of scores of innocent Palestinian civilians, including women and children.”  It also calls for “an immediate ceasefire and for its full respect by both sides.”

Additionally, the draft resolution calls on Israel “to scrupulously abide by all of its obligations under international humanitarian law, particularly under the Geneva Convention relative to the protection of civilians in time of war.”  Specifically, it calls “for the immediate and sustained opening of the border crossings of the Gaza Strip,” and the resumption of humanitarian aid deliveries to its population.

AFP reports that the language in the draft resolution has been amended since the initial version was released to the press in Cairo.  The initial version characterized Israel’s actions in Gaza as “barbaric aggression” and as “collective punishment” of the Palestinian people.

However, the Security Council meeting adjourned without a vote on the draft resolution.  Since the it did not mention the rockets being fired by Hamas, British and US ambassadors said the draft resolution seemed too partial. 

US Ambassador Zalmay Khalilzad stated, “This resolution as currently circulated by Libya is not balanced and therefore, as currently drafted, it is not acceptable to the United States.”  Britain’s UN Ambassador, John Sawers, added “any resolution will need to reflect the responsibilities of all parties…There is no mention so far of the rocket attacks that have triggered the Israeli offensive.”

During the emergency meeting, Riyad Mansour, the Palestinian permanent observer, called on the Security Council to take strong and urgent action.  He said, “Our children in the Gaza Strip today and their mothers are looking up to you to stop this barbarian aggression and to protect them from this criminality, this forced hunger and this deliberate killing.”

Israeli Ambassador to the UN, Gabriela Shalevl, told the Security Council that Israel will continue its operation in Gaza as long as it needs to and will defend its citizens against terror.  In a statement during the emergency meeting, Shalevl said that Israeli citizens will not be “ducks on a shooting range.”

For more information, please see:

Al Jazeera – UN Divided on Gaza Resolution – 1 January 2009 

BBC – UN Fails to Make Progress on Gaza – 1 January 2009

International Herald Tribune – Arabs Want UN Resolution to Halt Gaza Attacks – 1 January 2009

Yedioth – Israel to UN: We’ll Continue Gaza Op – 1 January 2009

AFP – UN Security Council Takes Up Arab Resolution on Gaza – 31 December 2008

Reuters – UN Security Council Meet on Gaza Violence – 31 December 2008

By Nykoel Dinardo
Impunity Watch Reporter, Middle East

CAIRO, Egypt – As many countries throughout the Middle East protest the air strikes on the Gaza strip, many protests are focused on Egypt.  Egypt has offered to send humanitarian aid into areas affected by the strikes, but has seriously restricted crossings into Egypt at the Rafah border crossing.  These restrictions have been in place since 2007, but Egypt refuses to reconsider them in light of the number of residents attempting to flee the area.  The Rafah crossing is the only passing into Egypt from the Gaza strip.

Egyptian Ambassador to the UN Maged Abdelaziz said in a press conference on December 29 that those wishing to cross the border at Rafah were not being inhibited by Egypt.  He claimed that any difficulties in crossing were occurring on the Palestinian side of the border.

Several protesting groups, including a group of students in Yemen who attacked the Egyptian consulate earlier this week, claim that Egypt’s refusal constitutes approval.  They claim that Egypt is choosing Israel’s side over the Palestinians affected in this conflict for Egypt’s political gain.   Egypt is one of only two Arab states that have treaties with Israel.

Egyptian foreign minister Ahmed Aboul Gheit has called on Israel to end the attacks.  However, he also blamed Hamas for ignoring warnings that Israel would attack if rocket fires from Gaza did not cease.  This statement prompted several responses.  In Lebanon, roughly 4,000 protesters gathered to criticize Egypt’s response.  Although the protesters also criticized Israel’s attacks, the focus of the protest was on Egypt.  Slogans calling Egyptian President Hosni Mubarak a traitor and an Agent of the Americans were shouted by the crowds. 

Giving fuel to the fire, President Mubarak was photographed leaving meetings with Israeli Foreign Minister Tzipi Livni the day before the attacks commenced.  The Israeli cabinet had already approved the attacks.  Gheit was also photographed smiling and shaking hands with Livni, though it is reported that he urged restraint in meetings with Israel. 

Although Egypt has been strongly criticized in the Arab world for its reaction to this conflict, the Arab League will meet today in Cairo to discuss possible future steps.

For more information, please see:

NPR – Arab League Meets in Egypt Over Gaza Crisis – 31 December 2008

International Herald Tribune – Arab Outrage over Gaza Carnage targets Egypt – 30 December 2008

The New York Times – Egypt Offers Humanitarian Aid but Is Criticized for Refusing to Open Gaza Border – 30 December 2008

Inner City Press – On Gaza, Egypt Blames Blockage of Rafah Crossing on “Other Party,” Strange Bedfellows Noted – 29 December 2008

The Jerusalem Post – Arab League Delays Emergency Meeting – 28 December 2008

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

TYRE, Lebanon – On December 30, a boat carrying international peace activists and medical supplies to Gaza sailed to the port city of Tyre, Lebanon after it was damaged in a collision involving Israeli patrol ships.  The SS Dignity was carrying crew and 16 passengers – physicians from Britain, Germany and Cyprus and human rights activists from the Free Gaza Solidarity Movement.  The SS Dignity was attempting to break the Israeli blockade to deliver humanitarian aid.

The Dignity’s crew and passengers claim that Israeli patrol ships intentionally rammed the boat three times.  Denis Healey, Dignity’s captain, added that the Israeli action came “without any warning, or any provocation.” 

The collision resulted in extensive damage to the Dignity and according to CNN correspondent Karl Penhaul, who was on board when the incident occurred, the boat was taking on water.  Healey told Penhaul, “It could have ended with people drowning if they hit us more square on…It [the Dignity] could have gone down in minutes.”

Former US Representative Cynthia McKinney, who was also aboard the Dignity, recounted the incident: “We were prevented from entering Gaza… by Israeli patrol boats that tracked us for about 30 minutes. They shone their spotlight on us and then all of a sudden they rammed us approximately three times, twice in the front and once in the side.”

Israeli Foreign Ministry spokesman Yigal Palmor denied the activists’ claims that Israeli patrol ships intentionally rammed the Dignity, calling the allegations “absurd.”  Palmor said the collision resulted after the Dignity tried to outmaneuver an Israeli navy ship and crashed into it.  He added, “There is no intention on the part of the Israeli navy to ram anybody.”

In addition, Palmor denied the activists’ claims that the collision occurred without prior warning.  He said that the navy patrol boat had warned the Dignity not to proceed to Gaza because it was a closed military area.  He added that the interception occurred after the Dignity ignored the radio warning.

Cypriot MP Eleni Theocharous condemned Israel and called it a “terrorist state.”  Theocharous and two other Cypriots were aboard the Dignity, which had set sail from Cyprus the day before.  She stated that the boat and the individuals on board were not violating any international laws. Rather, she claims that since the interception occurred in international waters, Israel violated international law.

The Dignity was carrying over three tons of Cyprus-donated medical supplies, including surgical equipment and antibiotics.  Cyprus state radio reported that the government would seek explanations from Israel over the incident.  Additionally, according to the Free Gaza group, the Lebanese government promised to provide a forensic analysis of what happened to the ship.

On December 31, Free Gaza promised to continue its attempts to bring humanitarian supplies to Gaza despite the Israeli blockade.  The group’s spokesman, Vangelis Pissios, stated “We have decided to send the same vessel or another one back within the next few days. The route to Gaza must remain open.”

Pissios said that the group is planning three to four monthly trips throughout the winter.  Since August, the Free Gaza group has made five successful trips to deliver aid to Gaza. 

For more information, please see:

Financial Mirror – Cypriot MP Says Israel Behaving as a Terrorist State – 31 December 2008

International Herald Tribune – Activists Vow to Persist in Gaza Aid Effort – 31 December 2008 

Ma’an News Agency – SS Dignity to Be Forensically Analyzed to Verify Israeli Attacks in International Waters – 31 December 2008

Associated Press – Gaza Protest Boat Sails into Lebanon – 30 December 2008

CNN – Gaza Relief Boat Damaged in Encounter with Israeli Vessel – 30 December 2008

Reuters – Gaza Aid Boat Damaged by Israelis Reaches Lebanon – 30 December 2008

Xinhua – Cyprus Regrets Israeli Blockage of Aid Boat for Gaza – 30 December 2008

By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East

TEL AVIV, Israel – On December 31, Israel’s High Court of Justice ruled that Israel has until 10:00am Thursday to facilitate limited entry of foreign journalists into Gaza.  According to the Jerusalem Post, the ruling would allow a pool of up to 12 foreign journalists into Gaza, but only when the border is already open for humanitarian shipments. 

The Jerusalem Post characterizes the ruling as a recommendation and stated that the three-justice panel gave the government until Thursday morning to respond and the petitioners will have until noon Thursday to respond to the government’s position.

The ruling is a response to a petition filed by the Tel Aviv-based Foreign Press Association (FPA) on November 24.  FPA filed the petition following Israel’s ban of foreign journalists entering Gaza, which was imposed two months ago.  After the petition was initially filed, Israel temporarily opened the border for journalists on December 4.  However, when Operation Cast Lead began on December 27, a complete ban was re-imposed.

FPA Chairman Steven Gutkin, also the Jerusalem bureau chief for the Associated Press, cautiously welcomed the decision.  He said, “Anything that the court does that furthers our goal of ensuring free access to the Gaza Strip for the international media we view as positive.”  However, Gutkin added, “We note that the court ruling is limited in scope and we hope that the court will view positively our other wider position as well.”

Hila Gorni, an attorney for the Israeli government, said that the opening and closing of the border for the foreign press presented a security risk.  “Security “ reasons were also cited by the Defense Ministry when it closed the Erez crossing to all foreign journalists last month as the ceasefire between Israel and Hamas began to collapse.

In addition, Government Press Office Director Danny Seaman voiced concerns that Hamas will exploit foreign journalists as, he claims, that Islamic groups have done in the past.  Seaman said, “Based on our experience from the war in Lebanon and the way the foreign press has conducted itself in Gaza, we know that Hamas is in complete control of the news, and that reports from Gaza are carried out under duress.”

According to the Jerusalem Post, the Court will decide how to proceed following responses from both the Israeli government and the FPA.  The decision represents a limited resolution and the broader lawsuit asking for full media access to Gaza is still pending.

For more information, please see:

Jerusalem Post – Courts Backs Limited Foreign Press Entry to Gaza – 31 December 2008

Jewish Telegraphic Agency – Court: Let Reporters into Gaza – 31 December 2008

Kazakhstan News – Israel High Court Overturns Ban on Foreign Journalists Entering Gaza – 31 December 2008 

The Guardian – Foreign Journalists Demand Gaza Access – 30 December 2008

International Herald Tribune – Foreign Journalists Asks Court for Access to Gaza – 28 December 2008