
UN report: Possible and repeated Israeli violations of the laws of war in Gaza
- Europe and Arabs
- Wednesday , 19 June 2024 18:58 PM GMT
Gaza - New York: Europe and the Arabs
The UN Human Rights Office published an assessment of six major attacks launched by the Israeli army in Gaza last year, each of which resulted in a large number of civilian deaths and widespread destruction of civilian facilities. The office said that this raises serious concerns regarding respect for the laws of war, including the principles of distinction, proportionality and precaution during an attack.
The report details six attacks that involved the suspected use of GBU-31 (2,000 lb), GBU-32 (1,000 lb), and GBU-39 (250 lb) guided bombs between October 9 and December 2, 2023 against residential buildings, A school, refugee camps, and a market.
In a press statement, the United Nations High Commissioner for Human Rights said that it had verified the death of 218 people as a result of these attacks, and stated that the information it had received indicated that the number of deaths may be much higher.
High Commissioner for Human Rights Volker Türk said: "The rule for choosing methods and means of warfare that avoid or at least minimize civilian harm appears to have been consistently violated in Israel's bombing campaign."
The report concludes that the series of Israeli raids, of which the six incidents are examples, indicates that the Israeli military may have repeatedly violated basic principles of the laws of war.
Distinguishing between civilians and combatants
The UN report indicates that unlawful targeting, when committed as part of a widespread or systematic attack against a civilian population, in accordance with the policy of a state or organization, may also involve the commission of crimes against humanity.
“Israel’s choices of methods and means of carrying out hostilities in Gaza since October 7, including the extensive use of explosive weapons with wide-area effect in densely populated areas, have failed to ensure effective distinctions between civilians and combatants,” Türk said.
The High Commissioner added that civilian lives and infrastructure are protected under international humanitarian law. He pointed out that this law explains the clear obligations of parties to armed conflicts in order to make the protection of civilians a priority.
Israeli statements
According to the press release, the IDF stated on November 11, 2023, that since the start of its operations in Gaza, the Air Force had “struck more than 5,000 targets to eliminate threats in real time.” At that time, the Ministry of Health in Gaza had reportedly recorded the deaths of 11,078 Palestinians and the injury of approximately 27,490 others.
At the time of these attacks, an IDF spokesman was reported to have said that “when balancing accuracy and scope of damage, we are now focusing on what causes maximum damage.” Another Israeli army official was quoted as saying that "Hamas and the people of Gaza" are "human monsters" and "are being treated accordingly. Israel has imposed a complete blockade on Gaza. No electricity, no water, just damage. You wanted hell, you will get hell."
Palestinian factions
While the report focuses on Israel, it also makes clear that Palestinian armed groups continued to fire indiscriminate shells towards Israel, contrary to what international humanitarian law requires.
The report also emphasizes the necessity of protecting civilians and civilian facilities by avoiding placing military targets inside or near areas with high population density.
Bombs penetrate concrete
In one of the six major Israeli attacks on Gaza, the report states that the raids on the Shujaiya neighborhood in Gaza City, on December 2, 2023, caused devastation across an estimated diagonal of 130 metres, destroying 15 buildings and damaging at least 14 others. Other.
The extent of the damage and craters visible through verified visual evidence and satellite images indicate that about nine GBU-31 bombs were used, according to the report. The Office of the United Nations High Commissioner for Human Rights received information indicating that at least 60 people were killed. The GBU-31, 32 and 39 bombs are mostly used to penetrate several floors of concrete and can completely destroy high-rise structures, the report said.
Proportionality and distinction between objectives and the precautionary principle
“Given how densely populated the targeted areas are, the use of an explosive weapon with such wide-ranging effects would likely amount to a prohibited indiscriminate attack,” he said. He added that the effects of such types of weapons cannot be limited in these areas as required by international law, which leads to the indiscriminate injury of military targets, civilians and civilian facilities.
The report also states that no advance warning was issued in five of the attacks, raising concerns about violations of the principle of precaution during an attack to protect civilians.
The report indicated that the Israeli army said that in three of the raids, it targeted individuals related to the attacks on Israel on October 7 and 8, 2023. However, the report makes clear that the mere presence of one commander, or even several fighters, or several clear military targets in a specific area does not It makes an entire neighborhood a military target, because that violates the principle of proportionality and the prohibition of indiscriminate attacks.
Volker Türk said, "While the Israeli army confirms that it has begun realistic assessments of most of the incidents examined in the report, eight months have passed since these extremely serious incidents occurred. But there is no clarity about what happened or steps toward accountability."
The High Commissioner for Human Rights called on Israel to publish detailed results about these incidents. He stressed the need to also ensure that comprehensive and independent investigations are conducted into these and all other similar incidents with the aim of identifying those responsible for violations, holding them accountable, and ensuring the rights of all victims to truth, justice and reparations.
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