B'Tselem to Attorney General Mazuz: Concern over Israel targeting civilian objects in the Gaza Strip

[Scurrilous]

<snip>

"Since the beginning of the military operation in the Gaza Strip, on 27 December 2008, the army has bombed dozens of houses, public buildings, and other structures throughout the Gaza Strip.

The principle of distinction, one of the fundamental principles of international humanitarian law, states that all parties engaged in combat must distinguish between civilian objects and military targets, and are forbidden to intentionally attack civilians and civilian objects. The First Additional Protocol to the Geneva Conventions establishes two conditions that must be met for an object to be considered a legitimate military target: it must effectively contribute to military action and its total destruction or partial neutralization offers a clear military advantage.

Despite this, other statements made by Israeli officials in recent days raise the suspicion that the army is not maintaining the requisite distinction in its attacks in Gaza. Prime Minster Ehud Olmert stated that, “Israel is not at war with the Palestinian people but with Hamas, which has dedicated itself to acting against residents of Israel. Accordingly, the objects attacked today were selected with the emphasis on the imperative to prevent harm to innocent persons.” In an article published in yesterday’s Washington Post, a senior military official was quoted as follows: "There are many aspects to Hamas, and we are trying to hit the whole spectrum, because everything is connected and everything supports terrorism against Israel." Major Avital Liebowitz, of the IDF Spokesperson’s Office, told the correspondent that the army had indeed widened its target list in comparison to previous operations, saying Hamas has used ostensibly civilian actions as a cover for military activities. "Anything affiliated with Hamas is a legitimate target," she said.

These comments suggest that the operation in Gaza is aimed against every person and entity tied in some way to Hamas, even if they are not engaged in military action against Israel. An examination of the sites that were bombed in recent days raises questions regarding the legality of targeting many of them.

For example, the military bombed the main police building in Gaza and killed, according to reports, forty-two Palestinians who were in a training course and were standing in formation at the time of the bombing. Participants in the course study first-aid, handling of public disturbances, human rights, public-safety exercises, and so forth. Following the course, the police officers are assigned to various arms of the police force in Gaza responsible for maintaining public order.

Another example is yesterday’s bombing of the government offices. These offices included the Ministry of Foreign Affairs and the Ministry of Labor, Construction and Housing. An announcement made by the IDF Spokesperson’s Office regarding this attack stated that, “the attack was carried out in response to the ongoing rocket and mortar-shell fire carried out by Hamas over Israeli territory, and in the framework of IDF operations to strike at Hamas governmental infrastructure and members active in the organization.”

These are just examples of what appear to be clear civilian objects attacked by the army. On the face of it, the activity carried out in these places is not military activity aimed against Israel, and the IDF spokesperson does not even make this claim. Clearly, then, they cannot be considered military objects in accordance with the provisions of international humanitarian law – they do not make an effective contribution to the military activity against Israel and the attack provides Israel with no militaryadvantage whatsoever, and certainly not a clear military advantage."

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[trueprog]

1. An interesting interpretation.

"These comments suggest that the operation in Gaza is aimed against every person and entity tied in some way to Hamas, even if they are not engaged in military action against Israel."

The operation is aimed at Hamas and those involved with them. I don't see anything wrong with that. Also, key government offices are not usually seen as civilian targets in a time of conflict.

[ayeshahaqqiqa]

2. So the farmer who was killed and whose farm was totally destroyed

was part of Hamas? Oh, I get it. He sold milk from his dairy in Gaza, and probably some Hamas types bought it, so of course he's part of Hamas. And those kids whose flesh was burned off by phosphorus bombs that were dropped on a food market--well, Hamas might buy food from that market, and those kids would have grown up to be Hamas, so it is ok.

Seems to me that the Israelis think the only good Palestinian is a dead Palestinian.

[azurnoir]

3. This seems to be the truth

"Anything affiliated with Hamas is a legitimate target,"

virtually everything and everyone in Gaza is in someway affiliated with Hamas, your 2nd cousin is maybe Hamas and had dinner at your house, you are affiliated, have a shop that sold a loaf of bread to a Hamas militant your affiliated, and on and on these scrubbed up comments written for a gullible and uninformed audience are becoming truly sickening

[Scurrilous]

4. Gaza conflict: Who is a civilian?

<snip>

"The bloodied children are clearly civilians; men killed as they launch rockets are undisputedly not. But what about the 40 or so young Hamas police recruits on parade who died in the first wave of Israel's bombing campaign in Gaza?

And weapons caches are clearly military sites – but what about the interior ministry, hit in a strike that killed two medical workers; or the money changer's office, destroyed last week injuring a boy living on the floor above?

As the death toll mounts in Gaza, the thorny question is arising of who and what can be considered a legitimate military target in a territory effectively governed by a group that many in the international community consider a terrorist organisation.

This is also the group that won the Palestinian legislative elections in January 2006 and a year later consolidated its control by force.

So while it was behind a campaign of suicide attacks in Israel and fires rockets indiscriminately over the border, it is also in charge of schools, hospitals, sewage works and power plants in Gaza."

<snip>

"Israel says it is operating totally within humanitarian law, but human rights groups fear it is stretching the boundaries.

And as ground forces clash in the heavily-populated Gaza Strip, the questions will become more pressing."

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