The Palestinian Center for Human Rights (PCHR)
today published ‘Targeted Civilians’ a comprehensive report on the
latest Israeli military offensive against the Gaza Strip (27 December
2008 – 18 January 2009). The report is the result of extensive
investigations, and documents numerous war crimes committed by Israeli
occupation forces (IOF) over the course of the offensive.
The Arabic version of the report is
available here. An English version of the report will be available
next week.
PCHR has already published a number of
reports on war crimes committed by IOF against Palestinian civilians and
their property. On 14 July 2009, PCHR published "Impacts of the Israeli
Military Offensive on Water and Sewage Services in the Gaza Strip. On
14 May 2009, PCHR published, "War Crimes against Children: Report on
the 313 Children Killed during Gaza Offensive." During the period of the
offensive, PCHR published two reports: "The
Aggravation of Humanitarian Crisis in the Gaza strip as IOF Offensive
Continues," published on 3 January 2009; and “Report
on Attacks by IOF against Palestinian Medical Personnel during the
Military Offensive against the Gaza Strip," published on 13
January 2009. PCHR is currently finalizing a report on the
gender-specific impact and consequences of the offensive.
According to PCHR's documentation, 1,419 Palestinians were killed during
the Israeli military offensive on the Gaza Strip. This number includes
1,167 non-combatants (82.2%) and 252 resistance activists (17.8%). The
non-combatants include civilians and civil police officers who were not
involved in hostilities, the protected persons of international
humanitarian law. Investigations conducted by PCHR indicate that 918
civilians were killed (64.7% of the total number of victims). The
civilian victims include 318 children (22.4 % of the total number of
victims and 34.7% of the number of civilian victims) and 111 women (7.8%
of the total number of victims and 12.1% of the number of civilian
victims). According to the Ministry of Health in Gaza, at least 5,300
Palestinian were wounded during the offensive. This number includes at
least 1,600 children (30%) and 830 women (15.6%); at least 2,430
children and women were wounded, 45.6% of the total wounded.
According to PCHR's documentation, IOF completely destroyed 2,114 houses
(2864 housing units) affecting 3,314 families (19,592 individuals).
They also partially destroyed 3,242 houses, (5,014 housing units)
affecting 5,470 families (32,250 individuals). A further 16,000 houses
at least sustained various degrees of damages as a result of bombardment
and destruction, including the burning of dozens of houses in different
areas. Approximately 51,453 individuals were made homeless.
The latest offensive was the most violent,
brutal and bloodiest since the beginning of Israeli occupation in 1967.
It resulted in large scale loss of life and destruction to property, and
decimated the infrastructure of the Gaza Strip.
PCHR emphasizes that Israel’s conduct of hostilities in the Gaza Strip
violated the principles of distinction and proportionality. As detailed
in the report, IOF launched indiscriminate attacks against
densely-populated areas. PCHR affirms that such acts constitute grave
breaches of the Fourth Geneva Convention, and war crimes. Additionally,
the widespread and systematic nature of Israeli-perpetrated violations
of international law indicates that crimes against humanity may have
been committed in the Gaza Strip.
The report consists of 5 sections. The first section surveys the
sequence of events over the course of the offensive. The second section
addresses crimes committed by IOF from the perspective of international
law. The third section highlights in details and statistics willful
killings and other violation of the right to life and personal
security. The fourth section focuses on destruction of civilian
property, including houses and agricultural lands. The last section
highlights the humanitarian crisis during the offensive against the Gaza
Strip, including the displacement of thousands of Palestinian families
and the denial of entry of medical supplies.
Conclusion and Recommendations
PCHR strongly condemns all war crimes perpetrated during the 23 day
offensive. PCHR also condemns the international community’s silence,
including the failure of states and governments' political will, through
the Security Council, to exert more pressure on Israel to bring an end
to the violence and halt the commission of war crimes. PCHR believes
that the Member States of the United Nations, should uphold their legal
and ethical responsibilities to maintain international peace and
security, obligations enshrined in the UN Charter. As a key regional
player, the European Union also had a significant role to play.
The Member States of the United Nations also have a responsibility to
uphold the numerous Security Council Resolutions relating to the
Israeli-Palestinian conflict. For six decades, Palestinians have
suffered continuous violations of their fundamental rights, mainly the
right of self-determination which is considered to constitute the core
component of international human rights law.
In light of IOF war crimes and potential crimes against humanity,
civilians and civil objects during the latest offensive against Gaza
Strip, PCHR calls upon the Security Council
1. To hold Israel accountable for the reconstruction of the Gaza Strip;
Israel must not be allowed to continue acting with impunity; the illegal
closure regime must be lifted.
2. To effectively investigate all allegations of war crimes and crimes
against humanity. This must necessarily include the prosecution of
alleged war criminal. In accordance with the principle of command
responsibility, all levels of the Israeli political and military
administration must be held to account.
3. To immediately and effectively intervene to prevent impunity, in all
its forms.
4. To force all States and companies to halt the supply of all types of
weapons and ammunition which were used to commit wide-scale violations
of IHL during the offensive against the Gaza Strip.
5. To immediately and effectively intervene to force the Israeli
authorities to put an end to the extensive and illegal closure of the
Gaza Strip that hinders the movement of people and goods. The illegal
closure is a form of collective punishment directed against the 1.5
million inhabitants of the Gaza Strip.
6. The High Contracting Parties to the Geneva convection should fulfill
their obligations according to article 1 of The Fourth Geneva Convection
to respect and ensure respect for the convection in all circumstances.
High Contracting Parties must also comply with their obligations under
articles 146 and147 of the Fourth Geneva Convection for 1949, which
require the prosecution of individuals responsible for committing grave
breaches of the Geneva Conventions.
7. To exert all pressure to guarantee Israel’s commitment, as the
Occupying Power in the Occupied Palestinian Territory, to abide by and
uphold its legal obligations towards the Palestinian civilians,
including guarantee civilians' safety and welfare.
8. To widely disseminate the results of the United Nations
investigations into the Israeli offensive against the Gaza Strip and to
take all recommended actions.
9. To exert pressure on the Israeli occupation government to fulfill its
legal responsibilities as regards its actions during the latest
offensive.
10. To exert pressure on the Israeli occupation government to
immediately open all Gaza’s borders and to cancel all imposed
restrictions. These restrictions constitute serious violations of
international human rights and humanitarian law.
11. To exert pressure on Israel to remove all imposed restrictions on
food, medical and humanitarian aid, supervised by international
humanitarian organizations, and to facilitate the supply of civilians
who are suffering from the offensive.
12. To exert pressure on Israel to lift the blockade and to immediately
allow the import of all necessary reconstruction materials, especially
the raw materials needed for the reconstruction and renovation of
property and civilian objects which were widely damaged during the
offensive.
13. To exert
all possible pressure on Israel to uphold its responsibilities to
protect Palestinian civilians in all conditions and circumstances, in
accordance with its obligations under IHL. Israel must distinguish
between civilians and civilian objects and combatants and military
objectives in order to ensure the protection of civilian populations and
their property.
