Gaza: Did Israelis Use Civilians as Human Shields?

This week, Breaking the Silence, the Israeli human rights organization, published a report, drawn from the statements of more than 30 soldiers, alleging mistreatment of Gazans in the effort to minimise Israeli casualties. One of the highlighted charges was the testimony of a soldier that Israeli commanders ordered the use of civilians as human shields.

Israeli officials responded immediately with criticisms. Defense Minister Ehud Barak said:

Public criticism of the IDF is inappropriate....Any criticism, information or reservations about the army's conduct should be addressed to me as the Defense Minister of the State of Israel and to the Israeli government which instructed the IDF to reinstate peace and security in southern Israel.

The Spokesman's Office for the Israeli Defense Forces said, "The IDF regrets the fact that a human rights organization would again present to the country and the world a report containing anonymous, generalized testimony without checking the details or their reliability, and without giving the IDF, as a matter of minimal fairness, the opportunity to check the matters and respond to them before publication." The Spokesman added: "A considerable portion of the testimony is based on rumors and secondhand accounts. Most of the incidents relate to anonymous testimony lacking in identifying details, and accordingly it is not possible to check the allegations on an individual basis in a way that would enable an investigation, confirmation or refutation."

Transcript:

Name: ***
Rank: ***
Unit: ***
Place of incident: ***
Description:

It was the first week of the war, fighting was intense, there were explosive charges to expose, tunnels in open spaces and armed men inside houses. Warfare was slow and basically a very small area was occupied. Every unit, every force had a rather small designated area of several dozen houses only, which they had to take over, and that took a whole week. That is warfare and that took a whole week. They really moved slowly. Close in on each house. The method used has a new name now - no longer 'neighbor procedure.' Now people are called 'Johnnie.' They're Palestinian civilians, and they're called Johnnies and there were civilians there who stayed in spite of the flyers the army distributed before it went in. Most people did leave, but some civilians stayed to watch over the houses. Perhaps they had nowhere else to go. Later we saw people there who could not walk, some simply stayed to keep watch. To every house we close in on, we send the neighbor in, 'the Johnnie,' and if there are armed men inside, we start, like working the 'pressure cooker' in the West Bank.

Every unit is familiar with a different kind of 'pressure cooker' practice. What do you mean by it?

I'm not sure either about the 'pressure cooker' procedures there, they could be different. Essentially the point was to get them out alive, go in, to catch the armed men. There weren't many encounters. Just a few. In one case, our men tried to get them to come out, then they opened fire, fired some anti-tank missiles at the house and at some point brought out a D-9, combat helicopters. There were three armed men inside. The helicopters fired anti-tank missiles and again the neighbor was sent in. At first he told them that nothing had happened to them yet, they were still in there. Again helicopters were summoned and fired, I don't know at what stage of escalation (in the use of force). The neighbor was sent in once again. He said that two were dead and one was still alive, so a D-9 was brought and started demolishing the house over him until the neighbor went in, the last armed man came out and was caught and passed on to the Shabak… The commanders tell what they saw and make sure we know how things work on the inside. They also talked about things that bothered them. They said that civilians were used to a greater extent than just sending them into houses. For example, some of them were made to smash walls with 5 kilo hammers. There was a wall around a yard where the force didn't want to use the gate, it needed an alternative opening for fear of booby-traps or any other device. So the "Johnnies" themselves were required to bang open another hole with a hammer. Talking of such things, by the way, there was a story published by Amira Hass in Haaretz daily newspaper, about Jebalya where a guy tells exactly the same thing. It's the guy who was sent. I saw him afterwards, the guy who was made to go into that house three times. He also told us about being given hammers to break walls.

So you say that, from your own experience, there's truth in these publications.

Yes. It was ludicrous to read it and then hear the response of the army spokesperson that the matter was investigated and there are no testimonies on the ground and that the Israeli army is a moral army. It raises doubts about the army spokesperson's responses in general when you know for a fact that these things actually did take place… Sometimes the force would enter while placing rifle barrels on a civilian's shoulder, advancing into a house and using him as a human shield. Commanders said these were the instructions and we had to do it… Anyway, at the concluding debriefing, he (the unit commander) said he didn't know about these things, and the guys, commanders who had been there the first week, said they saw civilians being assigned to break walls and enter with rifle barrels on their shoulders. He said he didn't know this and would look into it. I think nothing substantial had been done about it, I'm also in touch with one of the officers there at present and I don't know if an investigation was made and nothing was found or that nothing was cleared up. Several weeks later, the story came out in the paper about these exact incidents, where they were given hammers to break walls, in our area, this I can say with certainty.

British Revokes Arms Licenses to Israel: Does It Matter?

On Monday, the British Government stated that five arms export licenses, for the upkeep of gunboats sent to Israel, were being revoked because of the use of British materials during the recent Gaza War. The British Embassy in Tel Aviv stated, however, "There is no partial U.K. arms embargo on Israel… U.K. policy remains to assess all export licenses to Israel against the consolidated EU [European Union] and national arms export licensing criteria....We judged that in a small number of cases Israeli action in Operation Cast Lead would result in the export of those goods now contravening the consolidated criteria. These licenses have been revoked.”

Israeli officials claim that British arms are a small percentage of Israel’s supply, but London's move may have political implications. Some Israelis see Britain’s decision as an extension of anti-Semitic manipulations against “an aggrieved Israel". Deputy Foreign Minister Danny Ayalon said,  "[It was] disappointing that there are certain sectors in Britain who have a biased and one-sided view of the situation, and look for every opportunity to hurt Israel."

There is a contrasting argument, however, that this is just a passing, token affair. Britain's limited revocation and Israel's reaction are gestures to satisfy international human rights organizations, activists, and members of Parliament. Indeed, the statement sent by the British Embassy to the Foreign Ministry of Israel indicates that the Government's decision was to stave off pressure from these groups. As the other 177 export licenses for arms to Israel proceed without restriction, one suspects that this affair is simply a little local difficulty.

Video and Text: Amnesty International Report on Gaza "War Crimes"

Four months ago, Amnesty International released an initial report into weapons used in Israel's Operation Cast Lead in Gaza in December-January.

Now Amnesty has released a fuller report on "war crimes", accompanied by a video (Part 1 is available; Part 2 is still being subtitled). Most of the criticism is of Israeli tactics and operations, although there is also condemnation of Hamas for firing rockets into southern Israel and placing military equipment in civilian areas.

The summary introduction of the full report follows the video:



INTRODUCTION

At 11.30am on 27 December 2008, without warning, Israeli forces began a devastating bombing campaign on the Gaza Strip codenamed Operation “Cast Lead”. Its stated aim was to end rocket attacks into Israel by armed groups affiliated with Hamas and other Palestinian factions. By 18 January 2009, when unilateral ceasefires were announced by both Israel and Hamas, some 1,400 Palestinians had been killed, including some 300 children and hundreds of other unarmed civilians, and large areas of Gaza had been razed to the ground, leaving many thousands homeless and the already dire economy in ruins.

Much of the destruction was wanton and resulted from direct attacks on civilian objects as well as indiscriminate attacks that failed to distinguish between legitimate military targets and civilian objects. Such attacks violated fundamental provisions of international humanitarian law, notably the prohibition on direct attacks on civilians and civilian objects (the principle of distinction), the prohibition on indiscriminate or disproportionate attacks, and the prohibition on collective punishment.

Hundreds of civilians were killed in attacks carried out using high-precision weapons – airdelivered bombs and missiles, and tank shells. Others, including women and children, were shot at short range when posing no threat to the lives of the Israeli soldiers. Aerial bombardments launched from Israeli F-16 combat aircraft targeted and destroyed civilian homes without warning, killing and injuring scores of their inhabitants, often while they slept. Children playing on the roofs of their homes or in the street and other civilians going about their daily business, as well as medical staff attending the wounded were killed in broad daylight by Hellfire and other highly accurate missiles launched from helicopters and unmanned aerial vehicles (UAVs), or drones, and by precision projectiles fired from tanks.

Disturbing questions remain unanswered as to why such high-precision weapons, whose operators can see even small details of their targets and which can accurately strike even fast moving vehicles,1 killed so many children and other civilians.

Scores of civilians were also killed and injured by less precise weapons, such as artillery shells and mortars, and flechette tank shells, which can be accurately aimed but which disperse thousands of deadly metal darts at great velocity over a large area.

White phosphorus, a highly incendiary substance, was repeatedly fired indiscriminately over densely populated residential areas, killing and wounding civilians and destroying civilian property. It was often launched from artillery shells in air-burst mode, which aggravated the already devastating consequences of the attacks. Each shell ejected over a hundred felt wedges impregnated with highly incendiary white phosphorus, which rained down over houses and streets, igniting on exposure to oxygen and setting fire to people and property. Once their incendiary content had been discharged, the artillery shells often crashed into buildings causing further deaths and injuries. Repeated denials of the use of white phosphorus by Israeli officials during the conflict delayed or prevented appropriate treatment for people suffering agonizing burns. Some who died might otherwise have been saved.

Artillery in general and white phosphorus shells in particular should never be used in populated areas. Yet in Gaza Israeli forces repeatedly fired them into densely populated residential areas, knowing that such imprecise weapons would kill and injure civilians. Such attacks were indiscriminate and as such unlawful under international law.

The scale and intensity of the attacks were unprecedented, even in the context of the increasingly lethal Israeli military campaigns in Gaza in previous years. More Palestinians were killed and more properties were destroyed in the 22-day military campaign than in any previous Israeli offensive.

Israeli forces could not conceivably have been unaware of the presence of civilians in locations which were repeatedly attacked, including with white phosphorus and other imprecise weapons, given that these areas were under close surveillance by Israeli drones. Even though Israeli officials knew from the first days of Operation “Cast Lead” that civilians were killed and wounded in significant numbers, Israeli forces continued to employ the same tactics for the entire duration of the 22-day offensive, resulting in growing numbers of civilian casualties. The pattern of attacks and the resulting high number of civilian fatalities and casualties showed elements of reckless conduct, disregard for civilian lives and property and a consistent failure to distinguish between military targets and civilians and civilian objects.

Thousands of civilian homes, businesses and public buildings were destroyed. In some areas entire neighbourhoods were flattened and livestock killed. Much of the destruction was wanton and deliberate, and was carried out in a manner and circumstances which indicated that it could not be justified on grounds of military necessity. Rather, it was often the result of reckless and indiscriminate attacks, which were seemingly tolerated or even directly sanctioned up the chain of command, and which at times appeared intended to collectively punish local residents for the actions of armed groups.

Throughout Operation “Cast Lead” Israeli forces frequently obstructed access to medical care and humanitarian aid for those wounded and trapped. They prevented ambulances and medical staff from attending to the wounded and transporting them to hospital and in several cases targeted ambulance and rescue crews and others who were trying to evacuate the wounded. As a result people who could have been saved died and others endured needless suffering and a worsening of their injuries. Children, women and elderly people were among those trapped and refused access to medical care and/or passage out of areas which had been taken over by Israeli forces. Medical and humanitarian vehicles and facilities were also destroyed or damaged as a result of both targeted and indiscriminate Israeli attacks.

In several cases Israeli soldiers also used civilians, including children, as “human shields”, endangering their lives by forcing them to remain in or near houses which they took over and used as military positions. Some were forced to carry out dangerous tasks such as inspecting properties or objects suspected of being booby-trapped. Soldiers also took position and launched attacks from and around inhabited houses, exposing local residents to the danger of attacks or of being caught in the crossfire.

Israel and Egypt kept Gaza’s borders sealed throughout Operation “Cast Lead” and its 1.5 million inhabitants could neither leave nor find a place in Gaza where their safety could be guaranteed. Unlike in southern Israel, where the Israeli authorities have built bomb shelters to protect local residents from rocket attacks by Palestinian armed groups, in Gaza there are no bomb shelters and none can be built because Israel has long forbidden the entry of construction material into Gaza.

Randomly placed telephone calls with recorded warning messages, radio broadcasts and leaflets dropped by the Israeli army all over Gaza telling people to leave their homes and neighbourhoods caused widespread panic but offered little protection. In some areas residents were trapped in their homes, hearing the Israeli army broadcasts warning people to leave but unable to do so because Israeli forces in the area were not allowing any movement and therefore anyone who went out risked coming under fire. Others who fled their home were killed or injured when UN schools and other places where they had sought shelter came under Israeli attack.

In southern Israel civilians also continued to come under attack from rockets fired daily by Palestinian armed groups throughout the 22-day conflict. The armed wing of Hamas and other Palestinian armed groups launched several hundred rockets and mortars into southern Israel, killing three civilians and injuring dozens of others. Several civilian homes and other structures were damaged, some extensively. Six Israeli soldiers were also killed in Palestinian attacks.

Mortars and so-called Qassam rockets, which are locally made in Gaza, and longer range Grad-type rockets smuggled into Gaza via the tunnels from Egypt, are unguided projectiles which cannot be directed at specific targets. Attacks using such rockets are indiscriminate and hence unlawful under international law. Though in most cases these rockets explode in empty areas, without causing casualties, each rocket is potentially lethal and the intensified barrage of such rockets throughout the 22 days of Operation “Cast Lead” caused panic among the civilian population of southern Israel. Thousands of families fled to other parts of the country and those who remained in their homes in the south had to run for cover every time the alarm sounded, warning of an incoming rocket.

Hamas and other Palestinian armed groups also violated international humanitarian law in their conduct within Gaza. They launched rockets and located military equipment and positions near civilian homes, endangering the lives of the inhabitants by exposing them to the risk of Israeli attacks. They also used empty homes and properties as combat positions during armed confrontations with Israeli forces, exposing the inhabitants of nearby houses to the danger of attacks or of being caught in the crossfire. However, contrary to repeated allegations by Israeli officials of the use of “human shields”, Amnesty International found no evidence that Hamas or other Palestinian fighters directed the movement of civilians to shield military objectives from attacks. It found no evidence that Hamas or other armed groups forced residents to stay in or around buildings used by fighters, nor that fighters prevented residents from leaving buildings or areas which had been commandeered by militants.

Throughout Operation “Cast Lead”, and for several weeks prior to start of the Operation, the Israeli army refused to allow into Gaza independent observers, journalists, international human rights monitors and humanitarian workers – effectively cutting off Gaza from the outside world and hindering independent monitoring and reporting of the conduct of its forces there. Even after the ceasefire was declared on 18 January, the Israeli army continued to deny access to Gaza to many human rights and humanitarian workers and journalists. Some continued to be refused entry into Gaza four months later. To date, five months after the end of Operation “Cast Lead”, the Israeli authorities have failed to establish any independent and impartial investigation into the conduct of their forces and actively oppose any such investigations being established. They have refused to co-operate with and to grant access to the country to an international independent factfinding mission set up by the UN Human Rights Council and headed by Justice Richard Goldstone, undermining its ability to fulfil its mission. They have also rejected the findings of a UN Board of Inquiry, which investigated nine attacks on UN facilities and personnel during Operation “Cast Lead.

The Israeli authorities have rejected allegations of war crimes and other serious violations of international law committed by Israeli forces during Operation “Cast Lead” published by Amnesty International and numerous other human rights organizations and media – international, Israeli and Palestinian – claiming that Hamas prevents any independent investigations and forces people to make untrue allegations. However, such claims do not stand up to scrutiny. Amnesty International’s delegates who visited Gaza during and after Operation “Cast Lead”, as on many other occasions in recent years, were able to carry out their investigations unhindered and people often voiced criticisms of Hamas’ conduct, including rocket attacks. While in Gaza Amnesty International delegates also investigated crimes and human rights abuses committed by Hamas forces and militias against fellow Palestinians, including deliberate killings, torture, abductions and arbitrary detention. The findings were published on 10 February 2009 in a report entitled: Hamas’ deadly campaign in the shadow of the war in Gaza.

As of 18 June 2009 the Israeli authorities had not responded to Amnesty International’s repeated requests, first made in early February, for meetings to discuss its findings and concerns, nor to the requests for information concerning many of the cases mentioned in this report.