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Israeli Group Says Military Attacks on Palestinian Homes Appeared to Violate Law Israeli Group Says Military Attacks on Palestinian Homes Appeared to Violate Law
(about 14 hours later)
JERUSALEM — An Israeli human rights group said Israel’s attacks on residential buildings in Gaza during the 50-day war against Hamas last summer appeared in at least some instances to violate the provisions of international law and raised grave legal concerns in others, according to a report to be published on Wednesday. JERUSALEM — An Israeli human rights group said Israel’s attacks on residential buildings in Gaza during the 50-day war against Hamas last summer appeared in at least some instances to violate the provisions of international law and raised grave legal concerns in others, according to a report to be published on Wednesday.
The group, B’Tselem, which is identified with the Israeli left and focuses on human rights issues in Gaza and in the Israeli-occupied West Bank, said it had investigated 70 cases in which more than 600 Palestinians were killed inside homes, a majority of them — children, women and men over the age of 60 — considered unlikely to have been involved in the fighting.The group, B’Tselem, which is identified with the Israeli left and focuses on human rights issues in Gaza and in the Israeli-occupied West Bank, said it had investigated 70 cases in which more than 600 Palestinians were killed inside homes, a majority of them — children, women and men over the age of 60 — considered unlikely to have been involved in the fighting.
The study was at least the third by a human rights organization on the Gaza conflict, coming after reports by Amnesty International and Physicians for Human Rights-Israel, but as the first major one written by an Israeli group, it could have more resonance here than the others. It was published as prosecutors at the International Criminal Court in The Hague, at the urging of Palestinian leaders, have been conducting a preliminary inquiry into possible war crimes in Palestinian territories.The study was at least the third by a human rights organization on the Gaza conflict, coming after reports by Amnesty International and Physicians for Human Rights-Israel, but as the first major one written by an Israeli group, it could have more resonance here than the others. It was published as prosecutors at the International Criminal Court in The Hague, at the urging of Palestinian leaders, have been conducting a preliminary inquiry into possible war crimes in Palestinian territories.
Israeli military officials have insisted that the army acted in accordance with international law during the conflict, but for the most part, they have given only general explanations for the bombing of specific residential buildings, describing them as “command and control centers” used by militants living there with their families, or as part of the “terrorist infrastructure.”Israeli military officials have insisted that the army acted in accordance with international law during the conflict, but for the most part, they have given only general explanations for the bombing of specific residential buildings, describing them as “command and control centers” used by militants living there with their families, or as part of the “terrorist infrastructure.”
Israeli critics immediately denounced the B’Tselem report as they did the previous two, underlining longstanding and deep divides over the activities of such groups in Israel. NGO Monitor, an Israeli watchdog group widely considered to be right-leaning, said the reports presented a “distorted political narrative of Israeli guilt and Palestinian victimhood.” NGO Monitor added that B’Tselem was “contributing to the campaign” surrounding a commission of inquiry by the United Nations Human Rights Council, as well as the International Criminal Court investigation.Israeli critics immediately denounced the B’Tselem report as they did the previous two, underlining longstanding and deep divides over the activities of such groups in Israel. NGO Monitor, an Israeli watchdog group widely considered to be right-leaning, said the reports presented a “distorted political narrative of Israeli guilt and Palestinian victimhood.” NGO Monitor added that B’Tselem was “contributing to the campaign” surrounding a commission of inquiry by the United Nations Human Rights Council, as well as the International Criminal Court investigation.
Yet B’Tselem said its report was chiefly aimed at the Israeli public, which broadly supported the Israeli offensive. Officials said the campaign was meant to halt intense rocket fire from Gaza into Israel and to neutralize the threat of militant infiltrations into Israeli territory through underground tunnels. As Hamas and other militant groups fired thousands of rockets into Israel, few Israelis spent time pondering the military’s tactics, despite international censure over the high number of civilian casualties in Gaza.Yet B’Tselem said its report was chiefly aimed at the Israeli public, which broadly supported the Israeli offensive. Officials said the campaign was meant to halt intense rocket fire from Gaza into Israel and to neutralize the threat of militant infiltrations into Israeli territory through underground tunnels. As Hamas and other militant groups fired thousands of rockets into Israel, few Israelis spent time pondering the military’s tactics, despite international censure over the high number of civilian casualties in Gaza.
Hagai El-Ad, the executive director of B’Tselem, said he found it disturbing that just a few weeks before Israeli elections, scheduled for March 17, and five months after the end of combat, the Gaza war was not a major subject of debate in Israel. Briefing reporters on Tuesday, he said his group intended to try to engage Israelis and raise public awareness of the issues through social media.Hagai El-Ad, the executive director of B’Tselem, said he found it disturbing that just a few weeks before Israeli elections, scheduled for March 17, and five months after the end of combat, the Gaza war was not a major subject of debate in Israel. Briefing reporters on Tuesday, he said his group intended to try to engage Israelis and raise public awareness of the issues through social media.
Nearly 2,200 Palestinians were killed in the fighting, most of them civilians, according to the United Nations and the Gaza Health Ministry. On the Israeli side, more than 70 people were killed.Nearly 2,200 Palestinians were killed in the fighting, most of them civilians, according to the United Nations and the Gaza Health Ministry. On the Israeli side, more than 70 people were killed.
Israel has held Hamas accountable for the deaths of Palestinian civilians in Gaza, saying the group embedded its fighters among citizens in residential areas. According to B’Tselem, Hamas acted “in complete contravention” of international rules, firing from civilian areas at civilian communities in Israel. But B’Tselem said that violations by one side do not give a carte blanche to the other side regarding international obligations.Israel has held Hamas accountable for the deaths of Palestinian civilians in Gaza, saying the group embedded its fighters among citizens in residential areas. According to B’Tselem, Hamas acted “in complete contravention” of international rules, firing from civilian areas at civilian communities in Israel. But B’Tselem said that violations by one side do not give a carte blanche to the other side regarding international obligations.
B’Tselem concluded, however, that Israel was not deliberately trying to harm civilians.B’Tselem concluded, however, that Israel was not deliberately trying to harm civilians.
Instead, the group faulted the government and high echelons of the army for sticking to a policy of hitting residential buildings even after numerous cases of multiple deaths indicated that, on many occasions, the warning systems — telephone calls to residents or the firing of small missiles warning of impending attacks — were not understood or effective.Instead, the group faulted the government and high echelons of the army for sticking to a policy of hitting residential buildings even after numerous cases of multiple deaths indicated that, on many occasions, the warning systems — telephone calls to residents or the firing of small missiles warning of impending attacks — were not understood or effective.
The B’Tselem report contains wrenching testimonies from the survivors of 13 houses that were hit. It opens with a description of the bombing of the Kaware family home in Khan Younis on the first day of the operation, in which nine people, including five children ages 7 to 14, were killed. The family was warned to evacuate the three-story building, and did so, according to B’Tselem, but residents had re-entered the building and were on their way up the stairs or up on the roof when a missile struck. The military said residents had returned when it was too late to redirect the course of the missile. A member of the Kaware family told The New York Times that day that neighbors had come in and made their way to the roof “to form a human shield” to try to prevent an attack.The B’Tselem report contains wrenching testimonies from the survivors of 13 houses that were hit. It opens with a description of the bombing of the Kaware family home in Khan Younis on the first day of the operation, in which nine people, including five children ages 7 to 14, were killed. The family was warned to evacuate the three-story building, and did so, according to B’Tselem, but residents had re-entered the building and were on their way up the stairs or up on the roof when a missile struck. The military said residents had returned when it was too late to redirect the course of the missile. A member of the Kaware family told The New York Times that day that neighbors had come in and made their way to the roof “to form a human shield” to try to prevent an attack.
In some cases, B’Tselem established the presence of militants in houses that became targets. Yet in the absence of detailed explanations from the military, B’Tselem was unable to establish whether the buildings could be considered legitimate military targets by virtue of the military advantage gained by the attacks, or whether the collateral damage was proportional.In some cases, B’Tselem established the presence of militants in houses that became targets. Yet in the absence of detailed explanations from the military, B’Tselem was unable to establish whether the buildings could be considered legitimate military targets by virtue of the military advantage gained by the attacks, or whether the collateral damage was proportional.
Pnina Sharvit Baruch, a former head of the military’s international law department who is now at the Institute for National Security Studies in Tel Aviv, said that targets were usually based on intelligence and that the military would be unlikely to give detailed explanations that might expose intelligence sources.Pnina Sharvit Baruch, a former head of the military’s international law department who is now at the Institute for National Security Studies in Tel Aviv, said that targets were usually based on intelligence and that the military would be unlikely to give detailed explanations that might expose intelligence sources.
Separately, the United Nations Relief and Works Agency said on Tuesday that it had been forced to suspend its cash assistance program meant to help tens of thousands of people in Gaza repair homes that were damaged or destroyed during the conflict, or to provide rental subsidies.Separately, the United Nations Relief and Works Agency said on Tuesday that it had been forced to suspend its cash assistance program meant to help tens of thousands of people in Gaza repair homes that were damaged or destroyed during the conflict, or to provide rental subsidies.
The agency, which helps Palestinians registered as refugees, said it had received only $135 million in pledged funds out of the $720 million required to pay for the program.The agency, which helps Palestinians registered as refugees, said it had received only $135 million in pledged funds out of the $720 million required to pay for the program.
“We are talking about thousands of families who continue to suffer through this cold winter with inadequate shelter,” Robert Turner, the agency’s director in Gaza, said in a statement.“We are talking about thousands of families who continue to suffer through this cold winter with inadequate shelter,” Robert Turner, the agency’s director in Gaza, said in a statement.