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
