21 juli 2010
Israeli report on shootings of ‘4 civilians
Israeli report on shootings of ‘4 civilians
Israeli report on shootings of ‘4 civilians’ fails to state that they were three sisters, 3, 5, and 9, and their grandmother
On Monday the Israeli government posted its latest word on the Gaza conflict of '08-'09. It's called the "second update" on its investigation of incidents during the conflict.
Below I have excerpted three accounts of one incident in the war: the shootings of three sisters and their grandmother on January 7, 2009, in which two of the girls died. The accounts: 1, the Israeli government's account, 2, a report on the incident in the Goldstone Fact-Finding Mission of the U.N., and 3, the account of the shootings from the girls' father, as told to the Goldstone Mission.
Notice that the Israeli account, which absolves the Israeli unit engaged of any criminal responsibility, and describes the shootings as allegations purely, refers to the case as the shooting of 4 civilians, and while it gives their names, it does not say that the civilians were three sisters, aged 3, 5, and 9, and their 60-year-old grandmother.
1, The Israeli investigation:
(3) Amal, Souad, Samar, and Hajja Souad Abd Rabbo & Adham Kamiz Nasir
108. This incident involved the alleged shooting of four Palestinian civilians on 7 January 2009 in the neighborhood of Izbat Abd Rabbo, and was reported to Israeli authorities by several human rights organizations. The MAG referred the complaint to a direct criminal investigation which was recently concluded. In the course of this comprehensive investigation, the MPCID collected testimony from eleven Palestinians who witnessed the events. Some of them were unable or unwilling to testify before MPCID investigators, but provided detailed affidavits. In addition, the investigators reviewed medical reports and death certificates, as well as aerial photographs provided by an Israeli NGO, which helped identify the different units involved in the incident. More than fifty commanders and soldiers from these units were also questioned by the MPCID. Some were questioned multiple times in order to clarify the circumstances of the case.
109. The evidence collected in the course of the investigation could not confirm the description of the incident by the complainants, who claimed that a soldier standing on a tank had opened fire at a group of civilians. The substantial discrepancies between the complaint and the findings of the investigation—in particular, the identity of the force and the sequence of events—led the MAG to conclude that the evidence was insufficient to initiate criminal proceedings.
2, Now: The Goldstone Report, hear it narrated here:
770. The Mission visited the site of the shooting of Amal, Souad, Samar and Hajja Souad Abd Rabbo and interviewed an eyewitness, Mr. Khalid Abd Rabbo, on site. Khalid and Kawthar Abd Rabbo gave their testimony at the public hearing in Gaza on 28 June 2009. The Mission also reviewed sworn statements from two additional witnesses it was not able to interview in person.
771. The family of Khalid Abd Rabbo and his wife Kawthar lived on the ground floor of a four-storey building in the eastern part of Izbat Abd Rabbo, a neighbourhood east of Jabaliyah inhabited primarily by members of their extended family. Khalid Abd Rabbo’s parents and brothers with their families lived on the upper floors of the house. The residents of Izbat Abd Rabbo started hearing the sound of shooting and of the Israeli ground incursion in the evening of 3 January 2009. Khalid Abd Rabbo’s family decided to stay inside the house, all gathered on the ground floor, as they had done safely during previous Israeli incursions into the neighbourhood.
772. In the late morning of 7 January 2009, Israeli tanks moved onto the small piece of agricultural land in front of the house. Shortly after 12.30 p.m., the inhabitants of that part of Izbat Abd Rabbo heard megaphone messages telling all residents to leave. According to one witness's recollection, there had also been a radio message broadcast by the Israeli armed forces around 12.30 announcing that there would be a temporary cessation of shooting between 1 and 4 p.m. that day, during which time residents of the area were asked to walk to central Jabaliyah.
773. At about 12.50 p.m., Khalid Abd Rabbo, his wife Kawthar, their three daughters, Souad (aged 9), Samar (aged 5) and Amal (aged 3), and his mother, Hajja Souad Abd Rabbo, stepped out of the house, all of them carrying white flags. Less than 10 metres from the door was a tank, turned towards their house. Two soldiers were sitting on top of it having a snack (one was eating chips, the other chocolate, according to one of the witnesses). The family stood still, waiting for orders from the soldiers as to what they should do, but none was given. Without warning, a third soldier emerged from inside the tank and started shooting at the three girls and then also at their grandmother. Several bullets hit Souad in the chest, Amal in the stomach and Samar in the back. Hajja Souad was hit in the lower back and in the left arm.
774. Khalid and Kawthar Abd Rabbo carried their three daughters and mother back inside the house. There, they and the family members who had stayed inside tried to call for help by mobile phone. They also shouted for help and a neighbour, Sameeh Atwa Rasheed al-Sheikh, who was an ambulance driver and had his ambulance parked next to his house, decided to come to their help. He put on his ambulance crew clothes and asked his son to put on a fluorescent jacket. They had driven a few metres from their house to the immediate vicinity of the Abd Rabbo house when Israeli soldiers near the Abed Rabbo house ordered them to halt and get out of the vehicle. Sameeh al-Sheikh protested that he had heard cries for help from the Abd Rabbo family and intended to bring the wounded to hospital. The soldiers ordered him and his son to undress and then re-dress. They then ordered them to abandon the ambulance and to walk towards Jabaliyah, which they complied with. When the families returned to Izbat Abd Rabbo on 18 January, they found the ambulance was in the same place but had been crushed, probably by a tank.
775. Inside the Abed Rabbo house, Amal and Souad died of their wounds. The family decided that they had to make an attempt to walk to Jabalya and take Samar, the dead bodies of Amal and Souad, and their grandmother to hospital. Khaled and Kawthar Abd Rabbo, and other family members and neighbours carried the girls on their shoulders. Hajja Souad was carried by family and neighbours on a bed. Samar was transferred to al-Shifa hospital and then, through Egypt, to Belgium, where she still is in hospital. According to her parents, Samar suffered a spinal injury and will remain paraplegic for the rest of her life.
776. When Khalid Abd Rabbo returned to his home on 18 January 2009, his house, as most houses in that part of Izbat Abd Rabbo, had been demolished. He drew the Mission’s attention to an anti-tank mine under the rubble of a neighbour’s house.
From the Goldstone Mission's interview of Khaled Abed Rabbo, the father of the three girls:
Khaled Abed Rabbo:
On January 7 at 12:50 p.m. the Israeli army bulldozed our garden and the Israeli tanks were positioned in front of our house. They started yelling at us through the speakers and asked us to leave the house. So I came out along with my wife and my three children: Suad, 8 years old, Samar, 4 years old, and Amal, 3 years old, and my mother, 60 years old. We were all holding white flags. The Israeli army was stationed right across from our house. So we stood by our entrance and holding… white flags. The tanks were seven meters away from our house…. They did not say anything to us. There were two soldiers sitting on top of the tank. One of them was eating chips. The other one was eating chocolate. We were looking at them like what are we supposed to do, where should we go…
We were surprised because there was all of a sudden a third soldier coming out of the tank and they starting shooting at the children with no reason… with no explanation, no pretext. My daughter, 3 years old, her stomach was hit and her intestines were coming out. So really I was amazed at how could a soldier be firing at my daughter? So I carried my daughter, 3 years old. She could hardly breathe…. My other daughter was also wounded in her chest. So I took both of them, Samar and Amal, inside the house.
My wife and my mother and my other daughter Suad were still outside. All of a sudden my wife joined me carrying Suad… Her chest was wounded by many bullets. My mother, 60 years old, she was carrying the white flag and she was wounded on her forearm and also in her stomach. So we were all inside the house and we started calling the ICRC, the ambulances, anybody to come and rescue us but nobody came and all of a sudden we heard an ambulance but all of a sudden nothing, silence. But later, we saw that the Israeli soldiers asked the ambulance drivers to come out of the car, to undress, and they bulldozed the ambulance with the tank…
My daughter, Amal, 3 years old, she was dying and at the end of the day she did die. My other daughter, 8 years old, like I said, her chest was riddled with bullets. She passed away. My other daughter, Samar, her back was riddled with bullets. Her back was open. She was not breathing through her nose but through her lungs and she was telling me, “Dad, help, help,” and I couldn’t do anything. She was thirsty. I was afraid if I gave her any water something would happen. I didn’t know what to do. My mother, 60 years old, was also dying. I was helpless.
I didn’t know what to do for my children. There was my daughter dying in front of me. So I carried her and left the house even if I had to die myself because I couldn’t take it anymore. So I carried my daughter and left the house again so that the soldier, he might as just well kill my daughter and kill myself because I couldn’t take it anymore. I couldn’t let my children die in front of me.
http://www.goldstonefacts.org/
On Monday the Israeli government posted its latest word on the Gaza conflict of '08-'09. It's called the "second update" on its investigation of incidents during the conflict.
Below I have excerpted three accounts of one incident in the war: the shootings of three sisters and their grandmother on January 7, 2009, in which two of the girls died. The accounts: 1, the Israeli government's account, 2, a report on the incident in the Goldstone Fact-Finding Mission of the U.N., and 3, the account of the shootings from the girls' father, as told to the Goldstone Mission.
Notice that the Israeli account, which absolves the Israeli unit engaged of any criminal responsibility, and describes the shootings as allegations purely, refers to the case as the shooting of 4 civilians, and while it gives their names, it does not say that the civilians were three sisters, aged 3, 5, and 9, and their 60-year-old grandmother.
1, The Israeli investigation:
(3) Amal, Souad, Samar, and Hajja Souad Abd Rabbo & Adham Kamiz Nasir
108. This incident involved the alleged shooting of four Palestinian civilians on 7 January 2009 in the neighborhood of Izbat Abd Rabbo, and was reported to Israeli authorities by several human rights organizations. The MAG referred the complaint to a direct criminal investigation which was recently concluded. In the course of this comprehensive investigation, the MPCID collected testimony from eleven Palestinians who witnessed the events. Some of them were unable or unwilling to testify before MPCID investigators, but provided detailed affidavits. In addition, the investigators reviewed medical reports and death certificates, as well as aerial photographs provided by an Israeli NGO, which helped identify the different units involved in the incident. More than fifty commanders and soldiers from these units were also questioned by the MPCID. Some were questioned multiple times in order to clarify the circumstances of the case.
109. The evidence collected in the course of the investigation could not confirm the description of the incident by the complainants, who claimed that a soldier standing on a tank had opened fire at a group of civilians. The substantial discrepancies between the complaint and the findings of the investigation—in particular, the identity of the force and the sequence of events—led the MAG to conclude that the evidence was insufficient to initiate criminal proceedings.
2, Now: The Goldstone Report, hear it narrated here:
770. The Mission visited the site of the shooting of Amal, Souad, Samar and Hajja Souad Abd Rabbo and interviewed an eyewitness, Mr. Khalid Abd Rabbo, on site. Khalid and Kawthar Abd Rabbo gave their testimony at the public hearing in Gaza on 28 June 2009. The Mission also reviewed sworn statements from two additional witnesses it was not able to interview in person.
771. The family of Khalid Abd Rabbo and his wife Kawthar lived on the ground floor of a four-storey building in the eastern part of Izbat Abd Rabbo, a neighbourhood east of Jabaliyah inhabited primarily by members of their extended family. Khalid Abd Rabbo’s parents and brothers with their families lived on the upper floors of the house. The residents of Izbat Abd Rabbo started hearing the sound of shooting and of the Israeli ground incursion in the evening of 3 January 2009. Khalid Abd Rabbo’s family decided to stay inside the house, all gathered on the ground floor, as they had done safely during previous Israeli incursions into the neighbourhood.
772. In the late morning of 7 January 2009, Israeli tanks moved onto the small piece of agricultural land in front of the house. Shortly after 12.30 p.m., the inhabitants of that part of Izbat Abd Rabbo heard megaphone messages telling all residents to leave. According to one witness's recollection, there had also been a radio message broadcast by the Israeli armed forces around 12.30 announcing that there would be a temporary cessation of shooting between 1 and 4 p.m. that day, during which time residents of the area were asked to walk to central Jabaliyah.
773. At about 12.50 p.m., Khalid Abd Rabbo, his wife Kawthar, their three daughters, Souad (aged 9), Samar (aged 5) and Amal (aged 3), and his mother, Hajja Souad Abd Rabbo, stepped out of the house, all of them carrying white flags. Less than 10 metres from the door was a tank, turned towards their house. Two soldiers were sitting on top of it having a snack (one was eating chips, the other chocolate, according to one of the witnesses). The family stood still, waiting for orders from the soldiers as to what they should do, but none was given. Without warning, a third soldier emerged from inside the tank and started shooting at the three girls and then also at their grandmother. Several bullets hit Souad in the chest, Amal in the stomach and Samar in the back. Hajja Souad was hit in the lower back and in the left arm.
774. Khalid and Kawthar Abd Rabbo carried their three daughters and mother back inside the house. There, they and the family members who had stayed inside tried to call for help by mobile phone. They also shouted for help and a neighbour, Sameeh Atwa Rasheed al-Sheikh, who was an ambulance driver and had his ambulance parked next to his house, decided to come to their help. He put on his ambulance crew clothes and asked his son to put on a fluorescent jacket. They had driven a few metres from their house to the immediate vicinity of the Abd Rabbo house when Israeli soldiers near the Abed Rabbo house ordered them to halt and get out of the vehicle. Sameeh al-Sheikh protested that he had heard cries for help from the Abd Rabbo family and intended to bring the wounded to hospital. The soldiers ordered him and his son to undress and then re-dress. They then ordered them to abandon the ambulance and to walk towards Jabaliyah, which they complied with. When the families returned to Izbat Abd Rabbo on 18 January, they found the ambulance was in the same place but had been crushed, probably by a tank.
775. Inside the Abed Rabbo house, Amal and Souad died of their wounds. The family decided that they had to make an attempt to walk to Jabalya and take Samar, the dead bodies of Amal and Souad, and their grandmother to hospital. Khaled and Kawthar Abd Rabbo, and other family members and neighbours carried the girls on their shoulders. Hajja Souad was carried by family and neighbours on a bed. Samar was transferred to al-Shifa hospital and then, through Egypt, to Belgium, where she still is in hospital. According to her parents, Samar suffered a spinal injury and will remain paraplegic for the rest of her life.
776. When Khalid Abd Rabbo returned to his home on 18 January 2009, his house, as most houses in that part of Izbat Abd Rabbo, had been demolished. He drew the Mission’s attention to an anti-tank mine under the rubble of a neighbour’s house.
From the Goldstone Mission's interview of Khaled Abed Rabbo, the father of the three girls:
Khaled Abed Rabbo:
On January 7 at 12:50 p.m. the Israeli army bulldozed our garden and the Israeli tanks were positioned in front of our house. They started yelling at us through the speakers and asked us to leave the house. So I came out along with my wife and my three children: Suad, 8 years old, Samar, 4 years old, and Amal, 3 years old, and my mother, 60 years old. We were all holding white flags. The Israeli army was stationed right across from our house. So we stood by our entrance and holding… white flags. The tanks were seven meters away from our house…. They did not say anything to us. There were two soldiers sitting on top of the tank. One of them was eating chips. The other one was eating chocolate. We were looking at them like what are we supposed to do, where should we go…
We were surprised because there was all of a sudden a third soldier coming out of the tank and they starting shooting at the children with no reason… with no explanation, no pretext. My daughter, 3 years old, her stomach was hit and her intestines were coming out. So really I was amazed at how could a soldier be firing at my daughter? So I carried my daughter, 3 years old. She could hardly breathe…. My other daughter was also wounded in her chest. So I took both of them, Samar and Amal, inside the house.
My wife and my mother and my other daughter Suad were still outside. All of a sudden my wife joined me carrying Suad… Her chest was wounded by many bullets. My mother, 60 years old, she was carrying the white flag and she was wounded on her forearm and also in her stomach. So we were all inside the house and we started calling the ICRC, the ambulances, anybody to come and rescue us but nobody came and all of a sudden we heard an ambulance but all of a sudden nothing, silence. But later, we saw that the Israeli soldiers asked the ambulance drivers to come out of the car, to undress, and they bulldozed the ambulance with the tank…
My daughter, Amal, 3 years old, she was dying and at the end of the day she did die. My other daughter, 8 years old, like I said, her chest was riddled with bullets. She passed away. My other daughter, Samar, her back was riddled with bullets. Her back was open. She was not breathing through her nose but through her lungs and she was telling me, “Dad, help, help,” and I couldn’t do anything. She was thirsty. I was afraid if I gave her any water something would happen. I didn’t know what to do. My mother, 60 years old, was also dying. I was helpless.
I didn’t know what to do for my children. There was my daughter dying in front of me. So I carried her and left the house even if I had to die myself because I couldn’t take it anymore. So I carried my daughter and left the house again so that the soldier, he might as just well kill my daughter and kill myself because I couldn’t take it anymore. I couldn’t let my children die in front of me.
http://www.goldstonefacts.org/
IDF: We don't have to promise not to hurt civilians
Response to UN aimed at countering Goldstone Report includes list of rules of engagement that were altered. Many officers outraged, say report is exaggerated, unnecessary apology that will tie military's hands in future.
"You can't operate in the Gaza Strip as you would in a sterile area." This is the pivotal point of the criticism voiced on Wednesday in a conversation with Ynet by an IDF officer who served in Operation Cast Lead of the additional report issued by Israel to the UN to counter the Goldstone Report.
Mandelblit. Signed on recommendations
Like many other officers, he is outraged by the IDF report, which symbolizes in is eyes a defeatist attitude and an exaggerated apology.
"It is entirely uncertain that we need to promise the entire world that the next time there will be 'zero casualties' among civilians, because this won't happen," he said. "We were very moral during the previous operation, and thus we will be in the future. However, there is a limit as to how much we can present ourselves as the bad guys in the story."
Furthermore, the new orders and rules of engagement that have been promised are liable, many officers claimed, to harm the military's ability to function in battle. "We are going a few steps forward for the Palestinians and a few steps backwards for the IDF," said another officer. "It looks as though they were frightened by Goldstone, by 'what they'll say' about us."
Goldstone. Got a response.
150 investigations, 4 indictments
The said document, 37 pages long, was written by senior officials in the Military Prosecution, headed by Military Advocate General Avihai Mandelblit, and was laid on the tables of the UN last Friday. However, the Foreign Ministry decided not to issue it publicly except for a publication on its English-language website.
The report provides a response to the claims raised in the Goldstone Report and to international accusations against Israel for allegedly violating international laws of war. As such, the report is a continuation of the first report issued to the UN at the beginning of the year that had addressed the investigations completed at that point in time.
The report outlines five main issues: harming Palestinian civilians, damaging Palestinian property, damaging public institutions (including UN facilities), establishing a commission of inquiry into the Gaza flotilla (the Turkel Commission), and a chapter of findings.
Overall the new update reports on some 150 investigations launched following allegations made against Israel. Among others, four instances in which IDF soldiers were put on trial were mentioned. However, in the vast majority of the incidents outlined, Mandelblit did not find evidence of the allegations. Therefore, no disciplinary or judicial moves were made despite international accusations.
'Why limit use of weapon when there's no problem?
Beyond the figures and statistics regarding the investigations, the report also explains the changes made in legislation and IDF rules of engagement regarding combat in urban areas and other additional future changes.
The report includes recommendations made by Mandelblit that were authorized by Chief of Staff Gabi Ashkenazi, who instructed that orders be reformulated in the spirit of the said recommendations.
White phosphorous rains down on UN compound during offensive
Among the changes announced in the report, the IDF will add an officer for humanitarian affairs to each combat unit on the level of brigade and higher. Means for addressing the needs of a civilian population during combat have been added. However, most of the updates relate to rules of engagement.
The field commanders said they feel uncomfortable with what they perceive to be attempts to limit their movement in an already complex combat environment.
For instance, the IDF redefined more stringently the way in which mortars may be used while near populated areas or near sensitive facilities. It was also stipulated that the IDF will improve the mapping out of "sensitive areas." Beyond the IDF's existing mapping of hospitals, schools, mosques, and UN facilities, the military will need to identify ahead of time other busy areas, such as open-air markets.
It was also decided that the IDF will improve its operational procedures for notifying and providing instructions to civilian populations prior to evacuation.
Another outstanding limitation, regarding the use of phosphorous in built-up areas, has especially angered a military official familiar with the matter, especially after the IDF already elucidated in its previous report in response to the Goldstone Report that the use of phosphorous is entirely legal.
"On the one hand, the IDF is saying that the use of white phosphorous does not violate any law of war," the officials said. "But, on the other hand, it is making limitations. It looks like tying your own hands behind your back. Why should a weapon with which there is no problem be limited?"
The report also deals with the damage caused to private property during the offensive. Among other incidents, the report addresses an attack on a chicken coop, saying it was necessary in order to thwart terror activity initiated by Hamas. However, the report determined that the decision to attack the property should have been made by higher-ranking officers.
'Creating false expectations'
A standing order issued in 2009 determined the level of damage IDF forces can inflict on civilian infrastructure, as well as who is authorized to decide on such attacks. An IDF official said in response, "Not only does this demand the memorization of many details, it also creates a situation whereby the commander is more concerned with protecting the coop or greenhouse than his soldiers' lives."
The report also reveals some previously unpublished incidents, such as the death of 10 Palestinian civilians from IDF fire in Beit Lahiya on January 3, 2009. The attack targeted terrorists, but three Artillery Corps officers were disciplined for "failing to anticipate the risk to civilians posed by the missile they elected to use."
"Is it not enough that we have dozens of different aspects to take into account in the battlefield, now we have to calculate the damage each weapon will cause?" an Artillery Corps officer said. "The problem with disciplining these officers is that we are sending the world a message that we will always use the right ammunition. This is not realistic and creates false expectations."
http://www.ynetnews.com/articles/0,7340,L-3923421,00.html
Response to UN aimed at countering Goldstone Report includes list of rules of engagement that were altered. Many officers outraged, say report is exaggerated, unnecessary apology that will tie military's hands in future.
"You can't operate in the Gaza Strip as you would in a sterile area." This is the pivotal point of the criticism voiced on Wednesday in a conversation with Ynet by an IDF officer who served in Operation Cast Lead of the additional report issued by Israel to the UN to counter the Goldstone Report.
Mandelblit. Signed on recommendations
Like many other officers, he is outraged by the IDF report, which symbolizes in is eyes a defeatist attitude and an exaggerated apology.
"It is entirely uncertain that we need to promise the entire world that the next time there will be 'zero casualties' among civilians, because this won't happen," he said. "We were very moral during the previous operation, and thus we will be in the future. However, there is a limit as to how much we can present ourselves as the bad guys in the story."
Furthermore, the new orders and rules of engagement that have been promised are liable, many officers claimed, to harm the military's ability to function in battle. "We are going a few steps forward for the Palestinians and a few steps backwards for the IDF," said another officer. "It looks as though they were frightened by Goldstone, by 'what they'll say' about us."
Goldstone. Got a response.
150 investigations, 4 indictments
The said document, 37 pages long, was written by senior officials in the Military Prosecution, headed by Military Advocate General Avihai Mandelblit, and was laid on the tables of the UN last Friday. However, the Foreign Ministry decided not to issue it publicly except for a publication on its English-language website.
The report provides a response to the claims raised in the Goldstone Report and to international accusations against Israel for allegedly violating international laws of war. As such, the report is a continuation of the first report issued to the UN at the beginning of the year that had addressed the investigations completed at that point in time.
The report outlines five main issues: harming Palestinian civilians, damaging Palestinian property, damaging public institutions (including UN facilities), establishing a commission of inquiry into the Gaza flotilla (the Turkel Commission), and a chapter of findings.
Overall the new update reports on some 150 investigations launched following allegations made against Israel. Among others, four instances in which IDF soldiers were put on trial were mentioned. However, in the vast majority of the incidents outlined, Mandelblit did not find evidence of the allegations. Therefore, no disciplinary or judicial moves were made despite international accusations.
'Why limit use of weapon when there's no problem?
Beyond the figures and statistics regarding the investigations, the report also explains the changes made in legislation and IDF rules of engagement regarding combat in urban areas and other additional future changes.
The report includes recommendations made by Mandelblit that were authorized by Chief of Staff Gabi Ashkenazi, who instructed that orders be reformulated in the spirit of the said recommendations.
White phosphorous rains down on UN compound during offensive
Among the changes announced in the report, the IDF will add an officer for humanitarian affairs to each combat unit on the level of brigade and higher. Means for addressing the needs of a civilian population during combat have been added. However, most of the updates relate to rules of engagement.
The field commanders said they feel uncomfortable with what they perceive to be attempts to limit their movement in an already complex combat environment.
For instance, the IDF redefined more stringently the way in which mortars may be used while near populated areas or near sensitive facilities. It was also stipulated that the IDF will improve the mapping out of "sensitive areas." Beyond the IDF's existing mapping of hospitals, schools, mosques, and UN facilities, the military will need to identify ahead of time other busy areas, such as open-air markets.
It was also decided that the IDF will improve its operational procedures for notifying and providing instructions to civilian populations prior to evacuation.
Another outstanding limitation, regarding the use of phosphorous in built-up areas, has especially angered a military official familiar with the matter, especially after the IDF already elucidated in its previous report in response to the Goldstone Report that the use of phosphorous is entirely legal.
"On the one hand, the IDF is saying that the use of white phosphorous does not violate any law of war," the officials said. "But, on the other hand, it is making limitations. It looks like tying your own hands behind your back. Why should a weapon with which there is no problem be limited?"
The report also deals with the damage caused to private property during the offensive. Among other incidents, the report addresses an attack on a chicken coop, saying it was necessary in order to thwart terror activity initiated by Hamas. However, the report determined that the decision to attack the property should have been made by higher-ranking officers.
'Creating false expectations'
A standing order issued in 2009 determined the level of damage IDF forces can inflict on civilian infrastructure, as well as who is authorized to decide on such attacks. An IDF official said in response, "Not only does this demand the memorization of many details, it also creates a situation whereby the commander is more concerned with protecting the coop or greenhouse than his soldiers' lives."
The report also reveals some previously unpublished incidents, such as the death of 10 Palestinian civilians from IDF fire in Beit Lahiya on January 3, 2009. The attack targeted terrorists, but three Artillery Corps officers were disciplined for "failing to anticipate the risk to civilians posed by the missile they elected to use."
"Is it not enough that we have dozens of different aspects to take into account in the battlefield, now we have to calculate the damage each weapon will cause?" an Artillery Corps officer said. "The problem with disciplining these officers is that we are sending the world a message that we will always use the right ammunition. This is not realistic and creates false expectations."
http://www.ynetnews.com/articles/0,7340,L-3923421,00.html
Israel to restrict use of white phosphorus in cities
Israeli report to UN on Operation Cast Lead says IDF taking steps to reduce number of civilian casualties in future wars. New procedures include, 'emphasizing that protection of civilians is integral part of IDF commander's mission'
A new Israeli report on the 2008-2009 war in the Gaza Strip says that Israel's army is taking steps to reduce the number of civilian casualties in future wars and will restrict the use of white phosphorus.
The 37-page report, which was posted on the Israeli Foreign Ministry's website, was delivered to the office of UN Secretary-General Ban Ki-moon on Monday in compliance with a General Assembly resolution, UN officials said.
"The IDF (Israel Defense Forces) has ... implemented operational changes in its orders and combat doctrine designed to further minimize civilian casualties and damage to civilian property in the future," the report said.
"In particular, the IDF has adopted important new procedures designed to enhance the protection of civilians in urban warfare, for instance by further emphasizing that the protection of civilians is an integral part of an IDF commander's mission," it said.
Among those measures will be the inclusion of a humanitarian affairs officer in each combat unit.
Goldstone Report http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf
About 1,400 Palestinians, including hundreds of civilians, and 13 Israelis were killed in Israel's December 2008-January 2009 offensive in the Hamas-ruled Gaza Strip that was aimed at ending cross-border rocket fire from Palestinian militants.
A UN report by a team headed by South African jurist Richard Goldstone was issued in September and found that both the Israeli army and the Islamist group Hamas, which controls Gaza, were guilty of war crimes in the conflict but focused more on Israel.
The Jewish state, which refused to cooperate with Goldstone, has condemned his report as distorted and biased and rejected the war crimes allegations.
Hamas denied its fighters committed war crimes but has said it regrets Israeli civilian deaths.
The report also said Israel has launched some 47 criminal investigations into alleged misconduct by its soldiers in the Gaza war, 11 more than in January.
A November 2009 resolution of the 192-nation General Assembly demanded that the Israelis and Palestinians credibly investigate allegations of war crimes during the conflict.
The Palestinian Authority's UN delegation also submitted a progress report to Ban's office, but it was not immediately available. The West Bank-based Palestinian Authority has no influence over Gaza and is unable to investigate Hamas.
Israel said in the report it was planning to impose restrictions on using white phosphorus weapons, smoke-screening munitions that can cause serious burns.
In response to criticism of its use of white phosphorus during the Gaza war, the IDF implemented mandatory buffer zones of several hundred meters and restricted use of it near sensitive sites. The report said the use of white phosphorus remains legal, though the IDF did conduct a review of its use.
"As a consequence, the IDF is in the process of establishing permanent restrictions on the use of munitions containing white phosphorus in urban areas," the report said.
The United Nations has yet to react to the Israeli report.
Israel is under pressure to accept another international investigation into a deadly May 31 raid on a flotilla of aid ships that attempted to break through the Israeli naval blockade of Gaza. The raid left nine Turkish pro-Palestinian protesters dead.
The Jewish state has launched its own investigation into the incident but Ban wants an independent probe that includes Turkish and Israeli participation. Israel has reacted coolly to the idea, saying its own investigation will be sufficient.
http://www.ynetnews.com/articles/0,7340,L-3922848,00.html
Israel to restrict white phosphorus use in future wars
Rights groups collected evidence that white phosphorus was used in civilian areas
The Israeli military will restrict its use of artillery shells containing white phosphorus, it has told the UN.
The controversial weapons cause deadly burns and rights groups say they are banned from use in civilian areas.
The Israel Defense Forces used weapons containing white phosphorus during a 22-day assault on Gaza which began in December 2008.
In its report to the UN, the IDF said steps would be taken in future to avoid civilian casualties.
"The IDF chief of general staff ordered the establishment of a clear doctrine and orders on the issue of various munitions that contain white phosphorus," the report said.
"These instructions are currently being implemented."
Burning
During the Israeli offensive on Gaza, known as Operation Cast Lead, the Israeli military used white phosphorus rounds in densely populated areas, the UN and Human Rights Watch said.
Part of a UN compound burned down after it was hit by chunks of the burning chemical which ignites on contact with air.
The weapon has been used on battlefields to create cover for advancing troops and to flush infantry out of their positions, but human rights groups say international law bans its use in civilian areas.
Burning phosphorus sticks to skin and will continue to burn flesh until the supply of oxygen is cut off.
Palestinians and rights groups say more than 1,400 Gazans died in the conflict, but Israel puts the figure at 1,166. Thirteen Israelis, including three civilians, were killed.
War crimes
The Israeli military say that the attack was launched to prevent rockets being fired into southern Israel from Gaza.
The UN has sharply criticised both sides in the conflict.
A report by the former prosecutor at the International Criminal Court, Richard Goldstone, accused both the IDF and Hamas of war crimes.
The Goldstone report has been condemned by the Israeli government as biased.
Hamas has also denied its fighters committed war crimes.
Israel's latest report to the UN, posted on the website of the Ministry of Foreign Affairs, also says it has launched 150 investigations into the conduct of its soldiers during the offensive.
http://www.bbc.co.uk/news/world-middle-east-10711086
Israeli report to UN on Operation Cast Lead says IDF taking steps to reduce number of civilian casualties in future wars. New procedures include, 'emphasizing that protection of civilians is integral part of IDF commander's mission'
A new Israeli report on the 2008-2009 war in the Gaza Strip says that Israel's army is taking steps to reduce the number of civilian casualties in future wars and will restrict the use of white phosphorus.
The 37-page report, which was posted on the Israeli Foreign Ministry's website, was delivered to the office of UN Secretary-General Ban Ki-moon on Monday in compliance with a General Assembly resolution, UN officials said.
"The IDF (Israel Defense Forces) has ... implemented operational changes in its orders and combat doctrine designed to further minimize civilian casualties and damage to civilian property in the future," the report said.
"In particular, the IDF has adopted important new procedures designed to enhance the protection of civilians in urban warfare, for instance by further emphasizing that the protection of civilians is an integral part of an IDF commander's mission," it said.
Among those measures will be the inclusion of a humanitarian affairs officer in each combat unit.
Goldstone Report http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf
About 1,400 Palestinians, including hundreds of civilians, and 13 Israelis were killed in Israel's December 2008-January 2009 offensive in the Hamas-ruled Gaza Strip that was aimed at ending cross-border rocket fire from Palestinian militants.
A UN report by a team headed by South African jurist Richard Goldstone was issued in September and found that both the Israeli army and the Islamist group Hamas, which controls Gaza, were guilty of war crimes in the conflict but focused more on Israel.
The Jewish state, which refused to cooperate with Goldstone, has condemned his report as distorted and biased and rejected the war crimes allegations.
Hamas denied its fighters committed war crimes but has said it regrets Israeli civilian deaths.
The report also said Israel has launched some 47 criminal investigations into alleged misconduct by its soldiers in the Gaza war, 11 more than in January.
A November 2009 resolution of the 192-nation General Assembly demanded that the Israelis and Palestinians credibly investigate allegations of war crimes during the conflict.
The Palestinian Authority's UN delegation also submitted a progress report to Ban's office, but it was not immediately available. The West Bank-based Palestinian Authority has no influence over Gaza and is unable to investigate Hamas.
Israel said in the report it was planning to impose restrictions on using white phosphorus weapons, smoke-screening munitions that can cause serious burns.
In response to criticism of its use of white phosphorus during the Gaza war, the IDF implemented mandatory buffer zones of several hundred meters and restricted use of it near sensitive sites. The report said the use of white phosphorus remains legal, though the IDF did conduct a review of its use.
"As a consequence, the IDF is in the process of establishing permanent restrictions on the use of munitions containing white phosphorus in urban areas," the report said.
The United Nations has yet to react to the Israeli report.
Israel is under pressure to accept another international investigation into a deadly May 31 raid on a flotilla of aid ships that attempted to break through the Israeli naval blockade of Gaza. The raid left nine Turkish pro-Palestinian protesters dead.
The Jewish state has launched its own investigation into the incident but Ban wants an independent probe that includes Turkish and Israeli participation. Israel has reacted coolly to the idea, saying its own investigation will be sufficient.
http://www.ynetnews.com/articles/0,7340,L-3922848,00.html
Israel to restrict white phosphorus use in future wars
Rights groups collected evidence that white phosphorus was used in civilian areas
The Israeli military will restrict its use of artillery shells containing white phosphorus, it has told the UN.
The controversial weapons cause deadly burns and rights groups say they are banned from use in civilian areas.
The Israel Defense Forces used weapons containing white phosphorus during a 22-day assault on Gaza which began in December 2008.
In its report to the UN, the IDF said steps would be taken in future to avoid civilian casualties.
"The IDF chief of general staff ordered the establishment of a clear doctrine and orders on the issue of various munitions that contain white phosphorus," the report said.
"These instructions are currently being implemented."
Burning
During the Israeli offensive on Gaza, known as Operation Cast Lead, the Israeli military used white phosphorus rounds in densely populated areas, the UN and Human Rights Watch said.
Part of a UN compound burned down after it was hit by chunks of the burning chemical which ignites on contact with air.
The weapon has been used on battlefields to create cover for advancing troops and to flush infantry out of their positions, but human rights groups say international law bans its use in civilian areas.
Burning phosphorus sticks to skin and will continue to burn flesh until the supply of oxygen is cut off.
Palestinians and rights groups say more than 1,400 Gazans died in the conflict, but Israel puts the figure at 1,166. Thirteen Israelis, including three civilians, were killed.
War crimes
The Israeli military say that the attack was launched to prevent rockets being fired into southern Israel from Gaza.
The UN has sharply criticised both sides in the conflict.
A report by the former prosecutor at the International Criminal Court, Richard Goldstone, accused both the IDF and Hamas of war crimes.
The Goldstone report has been condemned by the Israeli government as biased.
Hamas has also denied its fighters committed war crimes.
Israel's latest report to the UN, posted on the website of the Ministry of Foreign Affairs, also says it has launched 150 investigations into the conduct of its soldiers during the offensive.
http://www.bbc.co.uk/news/world-middle-east-10711086
16 july 2010
Anger in IDF over surge in probes
Senior IDF officers angered by excessive military investigations of battlefield incidents in Gaza, West Bank. 'Probes aimed at appeasing United Nations help Hamas, show we scrutinize officers,' says official
Senior IDF officers are furious over "the military prosecution's excessive involvement in operational matters," following a growing number of probes into battlefield incidents in the West Bank and Gaza Strip especially during Operation Cast Lead.
As part of their criticism, the officers suggested that the investigations damaged the IDF and served the interests of Hamas. Others claim that they are aimed at appeasing the United Nations following the Goldstone Report, and show that "officers are being scrutinized."
On top of the controversial decision to indict a combat soldier for killing a mother and daughter in Gaza, the military court recently decided to try a Golani Brigade commander for an incident in which his subordinates used a Palestinian civilian as a human shield.
Another debated issue is the decision to probe an event mentioned at length in the Goldstone Report, in which a Gaza house was bombarded, resulting in the deaths of 21 people.
Recent information revealed that the investigation will focus on Air Force personnel as well as former Givati Brigade Commander, Colonel Ilan Malka.
In addition, the military prosecution on Thursday convicted a regiment commander and a soldier for shooting a bound protester in Naalin.
'Officers are scared to operate'
The current situation has stirred discontent among the IDF's commanding ranks. "Undoubtedly, the rubber bullet affair was not good," said a senior officer who has served as a brigade commander in the past few years.
"It would have been better if it never happened, but we can honestly say that in this case the officer didn't just go wild, but rather made a mistake and now he will get stained for life. This is something that seeps down, and as a result officers are scared to operate," he said.
Only gave a warning. Eizenkot
Lt. Col. Omri Burberg was relieved of his command after the incident, and an upcoming promotion. If no changes are made, he will also leave the IDF with a criminal record that will accompany him for 17 years.
The senior officer noted that the IDF was fighting its battle in a populated area, which makes it extremely difficult to distinguish between a terrorist and a civilian. Terror organizations, the officer claimed, used this fact to conceal traps that target the IDF.
"When an officer nabs a Palestinian taxi driver without cause it is a criminal act not wrong judgment. But there is no fault when a regiment commander allows a civilian who asked not to demolish his house, to enter and check if there are hidden terrorists," he said.
"The aforementioned regiment commander was brought before a disciplinary hearing led by GOC Northern Command Gadi Eizenkot, and walked away with a warning the most symbolic punishment that can be given. This alone shows the General's disagreement with the decision to discipline the commander," said the officer.
"The officers on the ground fight in very complex conditions, and when you examine it later in an air-conditioned office through a neat presentation there are always some remarks. We must not transmit the message that every mistake is a hanging rope."
'Decorated officer turned criminal suspect'
Currently, the military police is investigating the January 2009 bombardment of the al-Samouni house in Gaza's Zeitoun neighborhood, which killed 21 people (out of 29 family members killed during the operation).
Among those to be summoned for explanations is Colonel Ilan Malka, whose promotion is on hold due to the forthcoming investigation. Colonel Malka instructed the Air Force to bombard the house, assuming there was a terrorist cell seeking shelter inside but no civilians.
According to an officer who served in Givati, this is a sad case. "They turned a decorated officer into a criminal suspect. This is very unpleasant to say the least."
Other field commanders admitted behind closed doors that the military prosecution must be given the legitimacy to probe, but advocated using the right balance.
A senior military official remarked cynically that "investigating the event mentioned at length in the Goldstone Report serves as a good response from the IDF, who is expected to hand the UN an updated report soon. It is convenient to show them we are scrutinizing senior officers."
http://www.ynetnews.com/articles/0,7340,L-3920811,00.html
Anger in IDF over surge in probes
Senior IDF officers angered by excessive military investigations of battlefield incidents in Gaza, West Bank. 'Probes aimed at appeasing United Nations help Hamas, show we scrutinize officers,' says official
Senior IDF officers are furious over "the military prosecution's excessive involvement in operational matters," following a growing number of probes into battlefield incidents in the West Bank and Gaza Strip especially during Operation Cast Lead.
As part of their criticism, the officers suggested that the investigations damaged the IDF and served the interests of Hamas. Others claim that they are aimed at appeasing the United Nations following the Goldstone Report, and show that "officers are being scrutinized."
On top of the controversial decision to indict a combat soldier for killing a mother and daughter in Gaza, the military court recently decided to try a Golani Brigade commander for an incident in which his subordinates used a Palestinian civilian as a human shield.
Another debated issue is the decision to probe an event mentioned at length in the Goldstone Report, in which a Gaza house was bombarded, resulting in the deaths of 21 people.
Recent information revealed that the investigation will focus on Air Force personnel as well as former Givati Brigade Commander, Colonel Ilan Malka.
In addition, the military prosecution on Thursday convicted a regiment commander and a soldier for shooting a bound protester in Naalin.
'Officers are scared to operate'
The current situation has stirred discontent among the IDF's commanding ranks. "Undoubtedly, the rubber bullet affair was not good," said a senior officer who has served as a brigade commander in the past few years.
"It would have been better if it never happened, but we can honestly say that in this case the officer didn't just go wild, but rather made a mistake and now he will get stained for life. This is something that seeps down, and as a result officers are scared to operate," he said.
Only gave a warning. Eizenkot
Lt. Col. Omri Burberg was relieved of his command after the incident, and an upcoming promotion. If no changes are made, he will also leave the IDF with a criminal record that will accompany him for 17 years.
The senior officer noted that the IDF was fighting its battle in a populated area, which makes it extremely difficult to distinguish between a terrorist and a civilian. Terror organizations, the officer claimed, used this fact to conceal traps that target the IDF.
"When an officer nabs a Palestinian taxi driver without cause it is a criminal act not wrong judgment. But there is no fault when a regiment commander allows a civilian who asked not to demolish his house, to enter and check if there are hidden terrorists," he said.
"The aforementioned regiment commander was brought before a disciplinary hearing led by GOC Northern Command Gadi Eizenkot, and walked away with a warning the most symbolic punishment that can be given. This alone shows the General's disagreement with the decision to discipline the commander," said the officer.
"The officers on the ground fight in very complex conditions, and when you examine it later in an air-conditioned office through a neat presentation there are always some remarks. We must not transmit the message that every mistake is a hanging rope."
'Decorated officer turned criminal suspect'
Currently, the military police is investigating the January 2009 bombardment of the al-Samouni house in Gaza's Zeitoun neighborhood, which killed 21 people (out of 29 family members killed during the operation).
Among those to be summoned for explanations is Colonel Ilan Malka, whose promotion is on hold due to the forthcoming investigation. Colonel Malka instructed the Air Force to bombard the house, assuming there was a terrorist cell seeking shelter inside but no civilians.
According to an officer who served in Givati, this is a sad case. "They turned a decorated officer into a criminal suspect. This is very unpleasant to say the least."
Other field commanders admitted behind closed doors that the military prosecution must be given the legitimacy to probe, but advocated using the right balance.
A senior military official remarked cynically that "investigating the event mentioned at length in the Goldstone Report serves as a good response from the IDF, who is expected to hand the UN an updated report soon. It is convenient to show them we are scrutinizing senior officers."
http://www.ynetnews.com/articles/0,7340,L-3920811,00.html
