The War Profiteers - War Crimes, Kidnappings & Torture

 

July 31st, 2009 - Israel Admits White Phosphorus Use

News article from Al Jazeera

News article from the Associated Press

Summary of White Phosphorus Weapons in Gaza

Israel Admits White Phosphorus Use

 

From Al Jazeera

July 31, 2009

 

Israel has admitted to using white phosphorus during its war on the Gaza Strip earlier this year, but says it did so in accordance with international law.

 

The admission came in a 163-page document published by the Israeli foreign ministry on Thursday ahead of a UN report next week.

 

The Israeli army "used munitions containing white phosphorus" in Gaza, the document said, but it denied violating international law, saying it had not fired such weapons inside populated areas.

 

Al Jazeera's Sherine Tadros, reporting from Jerusalem, said the Israeli army had initially denied using white phosphorus, a chemical agent that causes severe burns.

 

"During the war, when we first started seeing the white phosphorous, the Israeli army said that everything it was using was in compliance with international law; it would not tell us whether or not it was using it," she said.

 

Legitimate use

 

"As the campaign went on, it became very obvious [on television] that it was being used and the Israeli army, as well as government spokesmen, told us that it was being used," our correspondent said.

 

"The caveat that the Israeli army pressed on was that it was being used within the rules of war; that meant it was not being used amid a civilian population and that it was being used to provide a smokescreen legitimately, as opposed to illegitimately."

 

International law permits the use of white phosphorus as an "obscurant" to cover troop movements and prevent enemies from using certain guided weapons.

 

The Israeli government report follows charges from the UN and human rights groups that Israeli forces committed war crimes and violated international law during the operation.

 

UN officials have also said that they have evidence that white phosphorus was used in an attack on the UN relief agency's main building in Gaza that left three people injured.

 

But the government defended its military campaign as a "necessary and proportionate" response to Hamas rocket fire at Israel.

 

"Israel had both a right and an obligation to take military action against Hamas in Gaza to stop Hamas' almost incessant rocket and mortar attacks," it said.

 

Misconduct investigation

 

The Israeli government also said it is investigating 100 complaints of misconduct by its forces during the three week war that began on December 27.

 

Our correspondent said the report follows several testimonies from witnesses and human rights organisations about the Israeli military's conduct.

 

"What we've seen in the past few months since the end of the war are various human rights reports from Amnesty International, the United Nations, Human Rights Watch, as well as testimonies coming out from army soldiers themselves," she said.

 

"What really ties all of these reports together is the idea that there was no proportionality and a deliberate use of force against the civilian population in Gaza."

 

Israeli ‘acknowledgment’

 

John Ging, the head of the United Nations Relief and Works Agency (UNRWA) in Gaza, welcomed the report as an "acknowledgment that an investigation has to be done into what happened" during the conflict.

 

But he told Al Jazeera that the process has taken "far too long".

 

"What we actually need is an independent investigation that is credible for both sides," he said.

 

"The litmus test is that [any investigation] has to be credible to both sides. As is well documented, both sides have certain concerns and they have to be addressed.

 

"We have to see the rule of international law applied and upheld, even-handedly, with the confidence of both populations."

 

Israel has consistently said its troops respected international law during the war which ended in January.

 

Palestinian officials say 1,417 Palestinians were killed, including 926 civilians.

 

But Israel says that the number killed is considerably lower, and that only 295 of the dead were civilians.

 

External link: http://english.aljazeera.net/news/middleeast/2009/07/200973020830886898.html


Israeli report defends actions during Gaza war

 

By Mark Lavie

Associated Press

July 31, 2009

 

Jerusalem - An Israeli government report released Thursday insisted that "incessant" Hamas rocket attacks forced Israel to hit Gaza hard earlier this year, countering charges of war crimes but acknowledging that more than a dozen criminal inquiries are underway.

 

The 160-page report was called the first comprehensive Israeli government study of the punishing offensive in December and January that killed more than 1,100 Palestinians.

 

It was an attempt to answer charges from Palestinians, the U.N. and human rights groups that Israeli forces committed war crimes and violated international law during the three-week operation. Charges have included indiscriminate and intentional firing that killed civilians and destroyed property.

 

During the conflict, Israeli warplanes, tanks and artillery obliterated Palestinian government buildings and destroyed or damaged thousands of apartments, houses, businesses and factories. Israeli officials have acknowledged that their soldiers used additional firepower to keep their own casualties down.

 

Ten Israeli soldiers were killed during the conflict, along with three civilians who died in rocket attacks.

 

The scope of the destruction has triggered a flood of scathing reports from human rights groups.

 

Defending Israeli actions, the Israeli government report said it was not meant to be an "assertion of infallibility," but rejected the charges one by one, attributing excessive damage and casualties to understandable wartime mistakes.

 

The report said Israel is investigating about 100 complaints and has opened 13 criminal inquiries. A military statement Thursday said criminal cases under investigation now number 15.

 

"Israel had both a right and an obligation to take military action against Hamas in Gaza to stop Hamas' almost incessant rocket and mortar attacks," the report's executive summary stated, noting that 12,000 rockets and mortars were fired at Israel between 2000 and 2008, including nearly 3,000 in 2008 alone.

 

"Under international law, Israel had every right to use military force to defend its civilians," the report said.

 

The report said 1 million Israelis were threatened by Hamas rockets, tens of thousands were traumatized and thousands fled their homes. It called the offensive, which began Dec. 26 and lasted three weeks, a "necessary and proportionate" response.

 

Hamas official Mushair al-Masri rejected the report, repeating the charge that Israel committed war crimes in Gaza. "This report is ridiculous and stupid and does not deserve a response," he said Thursday.

 

Western-backed Palestinian President Mahmoud Abbas has denounced the Hamas rocket fire but charged that Israel's response was excessive.

 

The report analyzes at length the steps Israeli forces took to minimize civilian casualties in Gaza, while claiming that some such casualties were inevitable because Hamas fighters took up positions in crowded neighborhoods.

 

It said international law is violated only "when there is an intention to target civilians," and Israel had no such intention - in contrast to Hamas targeting Israeli civilians with its rockets.

 

The report explains damage to U.N. facilities by blaming Hamas for setting up rocket launchers nearby.

 

In one of the specific case studies, the Israeli report dismissed charges that dozens of Palestinian civilians were killed or wounded by white phosphorous shells, which are used to lay down smoke screens.

 

In a footnote, the report claimed, "There appear to have been no documented deaths in Gaza resulting from exposure to white phosphorus itself." The report acknowledged that shell casings with phosphorus residue could have hurt some people and started fires, but "it does not appear that damage from this use can be regarded as excessive."

 

Amnesty International is among the groups charging Israel with war crimes. In a report this month, the group deplored Israel's use of less-precise artillery shells and white phosphorous in built-up areas. It also accused Israeli forces of using Palestinians as "human shields" and frequently blocking civilians from receiving medical care and humanitarian aid.

 

Internal investigations into the use of white phosphorous have "uncovered no violations of international law," the report said, but noted that some inquiries are still in progress.

 

The report detailed steps aimed at limiting civilian casualties, counting 2.5 million leaflets and 165,000 phone calls to civilians warning them to leave targeted areas. Also, it said, humanitarian aid flowed into Gaza throughout the conflict.

 

Copyright © 2009 The Associated Press.

 

External link: http://www.google.com/hostednews/ap/article/ALeqM5jAwXQmJYZ4JbqpBX5U2wyPLArdngD99OTDL80

Back to news & media - year 2009

Back to main archive

Back to main index