Possible War Crimes in Palestinian Gaza
Some Israeli Military Actions May Have Been Illegal
Jan 21, 2009
Hamas, Palestinian activists, Israeli activists, global human rights advocates, and international lawyers are all reviewing and investigating a plethora of possible war crimes committed by Israel during its recent incursion into the Gaza Strip. Work is being done to file lawsuits in Europe and to prepare cases that could be presented before the International Criminal Court. Moreover, intense political actions are already being aimed at the highest ranking Israeli officials responsible for this short, yet costly armed conflict. For its part, Israel´s government denies any wrongdoing; however, a large portion of Israeli public opinion and Israeli media is concerned that crimes were actually committed by Israeli forces.
Civilians, United Nations, and the Red Cross
There are some very important issues of concern for the international community that stem from Israel´s attacks on the Gaza Strip. First of all, a desperately disproportionate number of civilians were killed during the fighting, and many of these victims died as a result of Israel´s recent bombing campaign. A majority of the bombs and missiles sent into the Gaza Strip fell on densely populated residential areas and hit non-military targets. In addition, aid delivery to the most affected areas within the Gaza Strip was prevented during the military campaign. There were also several reports of United Nations facilities being attacked, aid caravans coming under fire, and the deaths of United Nations and Red Cross personnel.
White Phosphorus
Other accusations of war crimes have been focused on the indiscriminate use of ordnance containing white phosphorus in densely populated areas of the Gaza Strip. White phosphorus is an incendiary substance that burns very brightly and for long periods. Although it is frequently used to produce “smoke screens”, it can also be used as a weapon that produces extreme and deep burns if it comes into contact with the skin. Use of white phosphorus is not clearly prohibited under international law, but many legal experts view its indiscriminate use in populated areas as a possible war crime.
Amnesty International based its particular accusations on a study by a team of weapons experts sent in after the ceasefire. Chris Cobb-Smith visited the Gaza Strip as part of the Amnesty International team, and he stated that: “We saw streets and alleyways littered with evidence of the use of white phosphorus, including still-burning wedges and the remnants of the shells and canisters fired by the Israeli army”. Israel has stated that all weapons used during its recent offensive in the Gaza Strip complied with international law, but also confirmed that it would implement an internal investigation into the use of white phosphorus.
Hamas and Courts
As Hamas declared victory against Israel the legal aspects of sorting out this conflict began to take shape. Representatives for Hamas confirmed to Iran´s Press TV that they had been able to document many instances of war crimes committed by Israel. Osama Hamdan, a Hamas spokesman, told Press TV that: “We will use that [proof] to build a case against Israeli political and military leaders for a crime”. This statement coincides with recent claims by some European attorneys that they are diligently preparing dossiers in order to file war crimes cases against Israel and Israeli officials in Belgium and with the International Criminal Court. However, it is still unclear whether these activities will result in any actual criminal trial of high ranking military or civilian Israeli officials.
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