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March 25th,
2009 - Report Condemns Israel’s Phosphorus Shell Use in Gaza |
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Report Condemns Israel’s Phosphorus
Shell Use in Gaza From CNN March 25, 2009 Jerusalem - The Israeli
military's firing of white phosphorus shells over densely populated areas
during the Gaza offensive "was indiscriminate and is evidence of war
crimes," Human Rights Watch (HRW) said in a report on Wednesday. "In Gaza, the Israeli
military didn't just use white phosphorus in open areas as a screen for its
troops," said Fred Abrahams, a HRW senior emergencies researcher. "It fired white
phosphorus repeatedly over densely populated areas, even when its troops
weren't in the area and safer smoke shells were available. As a result,
civilians needlessly suffered and died." Entitled "Rain of Fire:
Israel's Unlawful Use of White Phosphorus in Gaza," the 71-page report
provides "witness accounts" and "presents ballistics evidence,
photographs, and satellite imagery, as well as documents from the Israeli
military and government." HRW is an independent
international organization dedicated to defending and protecting human
rights. The group urged Israel and
the United States to investigate the attacks. Israel should prosecute those
who carried them out and the U.S. government, which supplied Israel, should
look into the issue. HRW said white phosphorous
was a chemical substance dispersed in artillery shells, bombs and rockets,
used primarily to obscure military operations. "(While) it is not
considered a chemical weapon and is not banned per se, it ignites and burns
on contact with oxygen and creates a smokescreen at night or during the day
to mask the visual movement of troops. "It also interferes
with infra-red optics and weapon-tracking systems, thus protecting military
forces from guided weapons such as anti-tank missiles. When WP comes into
contact with people or objects, though, it creates an intense and persistent
burn. It can also be used as a weapon against military targets," the
group said. In response, the Israeli
military said "smoke shells are not an incendiary weapon" and
defended its actions. The Israel Defense Forces
said it was close to completing its probe into "the use of ammunition
containing elements of phosphorous." "(The invesitgation) is
dealing with the use of ammunition containing elements of phosphorous,
including, among others, the 155mm smoke shells which were referred to in the
HRW report. This type of ammunition disperses in the atmosphere and creates
an effective smoke screen. It is used by many Western armies. "It is already possible
to conclude that the IDF's use of smoke shells was in accordance with
international law. These shells were used for specific operational needs only
and in accord with international humanitarian law. The claim that smoke
shells were used indiscriminately, or to threaten the civilian population, is
baseless," the IDF said. It said "that weapons
intended for screening are not classed as incendiary weapons." But Abrahams said past IDF
investigations into allegations of wrongdoing suggest their inquiry would be
neither thorough nor impartial. "That's why an
international investigation is required into serious laws of war violations
by all parties. "For the needless
civilian deaths caused by white phosphorus, senior commanders should be held
to account," Abrahams said. The report said white
phosphorus munitions weren't illegal when deployed properly in open areas,
but it determined that the IDF repeatedly used them "unlawfully over
populated neighborhoods, killing and wounding civilians and damaging civilian
structures, including a school, a market, a humanitarian aid warehouse and a
hospital. " "First, the repeated
use of air-burst white phosphorus in populated areas until the last days of
the operation reveals a pattern or policy of conduct rather than incidental
or accidental usage. Second, the IDF was well aware of the effects of white
phosphorus and the dangers it poses to civilians. Third, the IDF failed to
use safer available alternatives for smokescreens," the report said. A medical report prepared
during the recent hostilities by the Israeli Health Ministry said that white
phosphorus "can cause serious injury and death when it comes into
contact with the skin, is inhaled or is swallowed." The report said that
the IDF could have used a non-lethal smoke shells produced by an Israeli
company if it wanted to provide a "smokescreen" for its troops. Israel launched the offensive
in late December to take on militants from Hamas, who had been shelling
southern Israeli communities for months from Gaza. The offensive, called
Operation Cast Lead, was launched December 27 and ended January 17 with a
cease-fire. Of the 1,453 people estimated killed in the conflict, 1,440 were
Palestinian, including 431 children and 114 women, a U.N. report recently
said. The 13 Israelis killed included three civilians and six soldiers killed
by Hamas, and four soldiers killed by friendly fire, it said. HRW also said it found no
evidence that the Hamas militants Israel was targeting in Gaza were using
human shields "in the vicinity at the time of the attacks." Israel has said Hamas
militants used civilians as human shields and fought from civilian locations,
HRW points out. "In some areas
Palestinian fighters appear to have been present, but this does not justify
the indiscriminate use of white phosphorus in a populated area." External link: http://edition.cnn.com/2009/WORLD/meast/03/25/israel.white.phosphorus.gaza/ Israel ‘unlawfully’ used
shells in Gaza-rights’ group By Adam Entous Reuters March 25, 2009 Jerusalem - The Israeli army
unlawfully fired white phosphorus shells over densely populated areas of the
Gaza Strip during its recent offensive, needlessly killing and injuring
civilians, Human Rights Watch said on Wednesday. Citing Israel's use of white
phosphorus as evidence of war crimes, the group said the army knew the
munitions threatened the civilian population but "deliberately or
recklessly" continued to use them until the final days of the Dec.
27-Jan. 18 operation "in violation of the laws of war". The Human Rights Watch
report, one of several issued by international organisations to sharply
criticise Israel's conduct, called on senior military commanders to be held
to account, and urged the United States, which supplied the shells, to launch
its own investigation. The Israeli army announced
after the war that it would conduct an internal probe. "We're checking the
claims we received from different NGOs ... of using white phosphorus shells
in illegal ways, according to those claims, and this is what we're
investigating," an Israeli military spokeswoman, Major Avital Leibovich,
said. White phosphorus ignites on
contact with oxygen and continues burning at up to 1,500 degrees Fahrenheit
(816 degrees Celsius) until none is left or the oxygen supply is cut. It is
often used to produce smoke screens, but can also be used as a weapon,
producing extreme burns if it makes contact with skin. When used in open areas,
white phosphorus munitions are permissible under international law. But Human Rights Watch said
Israel "unlawfully" fired them over populated neighbourhoods,
killing and wounding civilians and damaging civilian structures, including a
school, a market, a humanitarian aid warehouse and a hospital. "In Gaza, the Israeli
military didn't just use white phosphorus in open areas as a screen for its
troops," said senior Human Rights Watch researcher Fred Abrahams.
"It fired white phosphorus repeatedly over densely populated areas, even
when its troops weren't in the area and safer smoke shells were available. As
a result, civilians needlessly suffered and died." The group gave no precise
casualty figures, citing the difficulty of determining in every case which
burn injuries were caused by white phosphorous. Shells Landed In Civilian Areas Human Rights Watch
researchers found spent shells, canister liners, and remnants white
phosphorus on city streets, apartment roofs, residential courtyards and at a
United Nations school. The report documented
several attacks involving white phosphorus, including one on January 4 that
killed five members of Ahmad Abu Halima's family in northern Gaza, saying it
found remnants of the substance at their home. "I was talking with my
father when the shell landed. It hit directly on my father and cut his head
off," the 22-year-old said. The rights' group said the
army knew that white phosphorus threatened civilians, citing an internal
medical report about the risk of "serious injury and death when it comes
into contact with the skin, is inhaled or is swallowed". Israel launched the
offensive with the declared aim of halting cross-border rocket fire by
militants in the Hamas-ruled territory, home to 1.5 million Palestinians. Over the 22 days of fighting,
1,417 Palestinians were killed, including 926 civilians, according to the
Palestinian Centre for Human Rights. Israel disputes those
figures, and has accused Hamas of putting civilians at risk by using them as
"human shields". At a briefing on white
phosphorus arranged by the Israeli army, retired Lt. Col. Shane Cohen, an
artillery expert, said the munitions are used to create a smoke screen for
troops and "wouldn't be an effective weapon". "When we fire, we're
not firing on civilians," he said. Retired Lt. Col. David
Benjamin, an international law expert, said: "Even if there is room for
debate here about the legality of the use of these munitions and the
circumstances of the use of these munitions, we're still far away from any
talk about war crimes. And that is because war crimes deal with grave breaches
of international law." Editing by Dominic Evans. © Thomson Reuters 2008. All
rights reserved. External link: http://www.reuters.com/article/middleeastCrisis/idUSLO9129822 Israel accused
of indiscriminate phosphorus use in Gaza Human Rights Watch report claims Israel committed war crimes in its
use of air-burst white phosphorus artillery shells By Rory McCarthy The Guardian March 25, 2009 Israel's military fired
white phosphorus over crowded areas of Gaza repeatedly and indiscriminately
in its three-week war, killing and injuring civilians and committing war
crimes, Human Rights Watch said today. In a 71-page report, the
rights group said the repeated use of air-burst white phosphorus artillery
shells in populated areas of Gaza was not incidental or accidental, but
revealed "a pattern or policy of conduct". It said the Israeli military
used white phosphorus in a "deliberate or reckless" way. The report
says: - Israel was aware of the
dangers of white phosphorus. - It chose not to use
alternative and less dangerous smoke shells. - In one case, Israel even
ignored repeated warnings from UN staff before hitting the main UN compound
in Gaza with white phosphorus shells on 15 January. "In Gaza, the Israeli
military didn't just use white phosphorus in open areas as a screen for its
troops," said Fred Abrahams, a senior Human Rights Watch researcher.
"It fired white phosphorus repeatedly over densely populated areas, even
when its troops weren't in the area and safe smoke shells were available. As
a result, civilians needlessly suffered and died." He said senior
commanders should be held to account. Human Rights Watch called on
the UN secretary-general, Ban Ki-moon, to launch an international commission
of inquiry to investigate allegations of violations of international law in the
Gaza war by the Israeli military and Hamas, the Palestinian Islamist movement
that controls Gaza. The Israeli military has
defended its conduct in Gaza in the face of mounting allegations of serious
violations of international law and said its soldiers did not intentionally
target civilians. When Israel's use of white phosphorus emerged during the
war, the military at first denied using the weapon, then said it only used
weapons in accordance with international law. Later it announced an internal
inquiry, led by a colonel, would be held. Tonight the Israeli military
said its investigation into the use of white phosphorous was still under way,
but insisted its use of what it called 155mm "smoke shells" was
legal. "Based on the findings
at this stage it is already possible to conclude that the IDF's use of smoke
shells was in accordance with international law," it said. "These
shells were used for specific operational needs only and in accord with international
humanitarian law. The claim that smoke shells were used indiscriminately, or
to threaten the civilian population, is baseless." White phosphorus burns in
contact with oxygen and causes deep burns when it touches human skin,
sometimes reaching to the bone. The weapon is not illegal itself and can be
used to provide a smokescreen on the battlefield or as an incendiary weapon
against a military target. However, its use is regulated even by customary
international law. It must be used in a way that distinguishes between
combatants and civilians and cannot be used to target civilians. Most of the Israeli
military's white phosphorus in Gaza was fired in 155mm artillery shells, each
containing 116 wedges soaked with the chemical. In January, the Guardian
found one such shell still smoking several days after it was fired, outside
the home of the Abu Halima family in Atatra. One white phosphorous shell hit
the house directly, killing a father and four of his children. His wife was
severely burnt. Human Rights Watch also reported the same case. Human Rights Watch found 24
spent white phosphorus shells in Gaza, all from the same batch made in a US
ammunition factory in 1989 by Thiokol Aerospace. Other shells were
photographed during the war with markings showing they were made in the Pine
Bluff Arsenal, also in America, in 1991. Human Rights Watch said the
Israeli military often used the weapon even in areas where there were no
Israeli troops on the ground, which it said, "strongly suggests that the
IDF [Israel Defence Forces] was not using the munition for its obscurant
qualities but rather for its incendiary effect". The group said it found no
evidence that Hamas fighters used Palestinian civilians as human shields - a
key Israeli claim - in the area at the time of the attacks it researched. The rights group studied six
cases in detail in which 12 civilians were killed and dozens more were
injured. In one case, witnesses
described how a white phosphorus shell hit a car in Tel al-Hawa, in
south-eastern Gaza City, killing a bank manager, his wife and two of their
children on 15 January. On the same day, at about
7.30am, Israeli artillery shells began falling near the main compound of the
UN Relief and Works Agency in Gaza City, where 700 civilians were sheltering.
UN staff made repeated telephone calls to the Israeli military asking them to
stop but, at about 10am, six shells hit the compound, three of which
contained white phosphorus. The warehouse was hit, causing at least $10m of
damage, and it continued to burn for 12 days. The Israeli prime minister,
Ehud Olmert, said at the time that "Hamas fired from the UNRWA
site". But the UN has always denied there were any militants in the
compound or firing from the compound. In another case, on 17
January, an artillery shell that had already discharged its white phosphorus
hit a UN school in Beit Lahiya, where 1,600 civilians were sheltering. It
killed two brothers in a classroom and severely injured their mother and
cousin. External link: http://www.guardian.co.uk/world/2009/mar/25/israel-white-phosphorus-gaza |