RSS
Home
United Nations set to discuss Goldstone report
Print
Email
RSS
Subscribe
On Wednesday, the United Nations General Assembly is set to discuss the results of the United Nations Fact Finding Mission on the Gaza Conflict, commonly referred to as the Goldstone report, in reference to its author, Justice Richard Goldstone.
The report outlines the crimes committed by both sides during the Gaza conflict of December 2008-January 2009.
Justice Goldstone has produced a report which illuminates the extent ot the crimes committed by both sides, with Israel responsible for a far greater percentage of the atrocities.
Lead up to the incursion
A ceasefire between Israel and Hamas, negotiated by Egypt, began on June 18th, 2008. However, neither side honored in earnest the claims, with Hamas and other Palestinian militants launching rocket attacks into Israel, while the IDF continued to conduct raids in Palestinian territory. Further, Israel closed many border crossings, effectively blockading the Gaza strip. The amount of goods allowed into Gaza was in fact only seventy percent of what it had been one year prior.
Following two months of relative calm, an incident on November 4th, 2008 began the escalation that resulted in the Gaza incursion by the IDF. IDF soldiers entered Palestinian territory and raided a house they claimed was the starting point of a tunnel used to smuggle weapons. A member of the al-Quassam Brigades was killed in the attack. In response to the attack, the al-Quassam Brigades fired 30 mortars into Israel, which was in turn followed by an Israeli strike resulting in the deaths of an additional five members of the al-Quassam brigade.
Following this incident, rocket attacks on Isreali territory commenced, as well as IDF air force attacks on Palestinians. Israeli officials estimate that in November of 2008, 125 rockets were fired into Isreal. All of the crossings into Gaza were closed in November, and the IDF continued air attacks which resulted in the deaths of Palestinian civilians into December.
In response to the escalating violence, Hamas declared the cease fire void on December 18, 2008, stating that Israel had not made good on their vow to end the blockade on Gaza. Increasing rocket fire from Gaza, along with continued Isreali air strikes, culminated in the IDF incursion into Gaza.
Major offensive activity from the Isreali military began on December 27th, 2008, with a massive aerial bombardment aimed at Hamas facilities across the Gaza Strip.
Throughout the attack, both groups committed war crimes. Hamas militants, as well as other militant groups throughout the Gaza strip, were responsible for rocket attacks against civilian targets inside Israel. The IDF, however, was responsible for a far greater number of crimes, in terms of sheer numbers as well as impact upon the population.
The crimes committed by the IDF included tactics which resulted in a large number of cvilian casualties, intentional killing of Gaza police, the deliberate targeting of civilian buildings and infrastructure, shelling of a hospital, use of human shields, and use of questionable weapons, each of which will be discussed in further detail below.
Civilian casualties
Although the reporting varies by organization, the total number of Palestinian dead is reasonably estimated at around 1,400. Of this number, as many as 450 are estimated to have been women and children. Further, an additional 240-250 of those killed were Palestinian police officers.
The Gaza strip is one of the most densely populated areas on the planet. No amount of precision would have been able to prevent the large number of deaths that resulted from Isreali bombardment.
Killing of Gaza police
The UN Mission's report estimates that of the total killed, 248 were police officers, many of whom were killed during the first minutes of the December 27th attack by Israeli missiles and bombs. Under international law, police officers are considered civilians, and are therefore are not legitimate targets.
Deliberate attacks on Gaza civilian infrastructure
Seven government instituions were either partially or completely destroyed, as well as nineteen municipal facilities. The government institutions attacked include the Archives Building, the Government Palace, the General Personnel Council, the Presidential Compound, the Ministry of Justice, the Ministry of Interior, and the Ministry of Culture. The municipal centers destroyed included markets, slaughterhouses, and stores.
In addition, both the Gaza City main prison and the Palestinian Legislative Council building were destroyed. At the time of the Israeli air strike, the prison housed 200-300 prisoners.
The Israeli military did not claim that any militant activities were taking place inside of these facilities. Rather, they claimed, that any Hamas facility was a legitimate target.
Major General Dan Harel reportedly stated
"This operation is different from previous ones. We have set a high goal which we are aiming for. We are hitting not only terrorists and launchers, but also the whole Hamas government and all its wings. ..After this operation there will not be one Hamas building left standing in Gaza, and we plan to change the rules of the game."
An analysis of international law revealed that despite Israeli claims to the contrary, the civilian infrastructure of the Hamas government did not constitute legitimate targets. A refutation of Israeli claims, and a clear explanation of what constiutes a civilian target, can be found in article 52 of Additional Protocol 1, ("General Protection of Civilian Objects,") which states unequivocally:
1. Civilian objects shall not be the object of attack or reprisal. Civilian objects are all objects which are not military objectives as defined in paragraph 2.
In addition to the deliberate targeting of Hamas government facilities, the Israeli military also destroyed a flour mill, chicken farm, and a water and sewage facility. After thoroughly investigating the circumstances sorrounding the destruction of these facilities, Justice Goldstone concluded that there was no validity whatsoever to Israeli claims that these buildings were used as hiding places for militants. The facilities in question were destroyed completely without any military necessity.
According to the testimony of Isreali soldiers, homes were destroyed as a matter of establishing visibility for IDF soldiers, or as a means of sterilizing the area. IDF forces used aeriel bombardment, bulldozers, and even anti-tank mines to destroy countless homes throughout the Gaza strip. Although some cases were justified militarily, many houses were destroyed only to establish visibility for IDF soldiers. Israeli soldiers themselves provided the testimony, stating that they received the following orders:
"In any case of doubt, take down houses. You don't need confirmation for anything, if you want. "
Targeting of Hospitals and a United Nations Relief Work Agency Facility
On January 5th, 2009, IDF forces attacked the Al-Wafa Hospital. The hospital, which provides long term care to those suffering from head and spine injuries, was shelled by tanks. Three witnesses from the senior staff confirm that there were no militants hiding in the Hospital.
On January 15th, 2009, Isreali shelling destroyed an UNRWA facility. At the time, 600-700 civilians were taking shelter inside, and this information had been conveyed to the Israeli military. 120,000 liters of fuel was stored at the facility in underground tanks, as well as a further 49,000 liters stored inside tanker trucks. Ten separate shells struck the facility, including shells containing the incendiary white phosphourous.
Had it not been for the brave actions of UN workers on the scene, the result of this attack could have been a catastrophic fire.
Also on this day, the Al Quds Hospital was attacked without warning by over fifty Israeli shells. Staff fought desparately to save the lives of the patients and to control the fires that began as a result of the use of white phosphorous. No proof was found that any militants used the hospital as cover, nor that any were firing from positions near the hospital.
The next day, January 16th, 2009, the Al-Wafa Hospital was again struck by Israeli shells, some containing white phosphorous.
The UN Fact Finding Mission speculates that the rationale behind the attack may have been the Israeli belief that a senior Hamas militant received treatment at the Al-Wafa hospital.
As a result of their work, the Fact Finding Mission found that Israel violated both the 18th and 19th articles of the Geneva Convention.
Use of human shields
Credible eyewitness testimony confirms that Isreali soldiers used Palestinian civilians as human shields while they conducted military operations. Testimony recounts IDF soldiers forcing Palestinian civilians to accompany them at gunpoint, and keeping entire families inside of their homes while the soldiers fired from positions inside.
Soldiers also forced civlians to accompany they as they searched houses for militant activity.
Use of white phosphourous and flechettes
Although the use of white phosphorous is not prohibited under international law, its use in densely populated urban areas was reckless. White phosphorous is an incendiary, and self-igniting. Use of white phosphorous, for whatever purpose, was almost certain to result in devastating fires. Further, the injuries resultant from the use of white phosphorous are exceptionally difficult to treat, and many victims died as a result of burn wounds they received.
Flechettes are small, dart like projectiles, usually deployed from a shell or canister. Their use was widespread during the Gaza incursion, resulting in numerous civlian deaths.
Hamas/Miitant crimes
The most obvious example of Hamas crimes was the continued firing of rockets into Israeli territory. Attacks which deliberately target civilians cannot be justified by any rationale, and are ilegal under international law. These rocket attacks also were launched from within heavily populated civilian areas, showing a failure on the part of the militants to adequately protect civilians in the area. However, research suggests that the militant groups made no effort to use civilians as human shields in most instances; operating out of densely populated areas was a military necessity based on the terrain available.
The additional claims that Hamas fighters fired from mosques, or misused hospitals and ambulances, were found to have no basis in fact.
Justice Richard Goldstone
Although there have been some attempts to discredit Justice Goldstone in an attempt to invalidate the findings of his report, hsi critics may have some difficulty succcessfully assassinating his character. Justice Goldstone actively worked against the apartheid regime in South Africa during his tenure there, serving as the Chairperson of the Comission of Inquiry Regarding Violence and Intimidation from 1991-1994. Following his anti-apartheid work in South Africa, Justice Goldstone served as the Chief Prosecutor for the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda. His career has been defined by his sound reasoning and commitment to fairness on all sides.
Analysis and Predicted Response
The severe disproportion of force used by Israel in this latest instance of aggression highights both the vulnerability of the citizens of the Gaza Strip and the extreme violence which the state of Israel is willing to stomach in its pursuit of continued oppression. Both sides are guilty of numerous crimes, to be sure, but Israel cannot in any way claim victimhood in this instance in the usual manner. Despite the severity of the crimes committed during this attack, It is unlikely that the discussion of the Goldstone Report will result in any meaningful resolution. A veto from the United States in the Security Council would kill any attempts at sanctions against Israel. The world will have to wait and see.
Feel free to comment and discuss below.
If you liked this article, you may also enjoy:
Olmert protests highlight growing opposition to Israeli crimes
Related Articles:
Comments
