#GazaUnderAttack | The Experts’ Verdict: Every Israeli Missile Strike is a War Crime

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Today’s Guardian includes an article that appears to be excusing Israel of responsibility for the massive death toll it has inflicted on Palestinian civilians. But, more significantly, it includes a lot of useful – and damning – information about just how “indiscriminate” Israel’s weapons really are.

This interests me a great deal because I have been warning about problems with the interpretation of international law used by leading human rights groups on this very point since the 2006 Lebanon War.

At that time I got into a dispute with Human Rights Watch’s Middle East policy director, Sarah Leah Whitson. Her organisation argued that Hizbullah was committing war crimes by definition whenever it fired rockets at Israel, even if it hit military targets, because those rockets were primitive and inherently inaccurate.

By contrast, HRW claimed, Israel’s missiles were precise and therefore their use was not inherently inadmissible. Its view was that Israel did not commit war crimes by firing its missiles; the obligation was on observers to show that they had not been used within the rules of war – which is a much harder standard of proof. For more on this debate, see my articles here and here.

In practice, HRW’s argument was nonsense, as was clear even in 2006. During that war, Israel dropped millions of cluster munitions – little bomblets that serve effectively as land mines – all over southern Lebanon, endangering the whole civilian population of the area.

But Norman Finkelstein recently pointed out the more general problem with HRW’s argument:

By this standard, only rich countries, or countries rich enough to purchase high-tech weapons, have a right to defend themselves against high-tech aerial assaults. It is a curious law that would negate the raison d’être of law: the substitution of might by right.

It may not be entirely surprising that HRW and others interpret international law in a way that serves rich and powerful western states, however many civilians they kill, and criminalises developing states, however few civilians they kill.

The current fighting in Gaza illustrates this point in dramatic fashion. Some 95% of the 64 Israelis who have been killed during the current fighting are soldiers; some 75% of the nearly 1,500 Palestinians who have been killed are civilian.

But comments from experts in the Guardian article add another layer of insight into HRW’s dubious distinctions.

One should ignore the irritating framing used in the article, which seems to suggest that the high Palestinian death toll may be down to human or systems errors. Experts discount this theory in the article and also point out that Israel is often not checking whether its shooting is accurate. In other words, it gives every indication of not taking any precautions to ensure it is hitting only military targets (or rather targets it claims are military in nature). That recklessness makes it fully culpable.

But we also have experts cited here who make the point that much of Israel’s precise weaponry is not accurate at all.

Andrew Exum, a former US army officer and defence department special adviser on the Middle East, who has studied Israel’s military operations, says this:

There are good strategic reasons to avoid using air power and artillery in these conflicts: they tend to be pretty indiscriminate in their effects and make it difficult for the population under fire to figure out what they’re supposed to do to be safe.

“Pretty indiscriminate”! So doesn’t that mean Israel was committing war crimes by definition every time it made one of those thousands of air strikes that marked the start of Operation Protective Edge, and that continue to this day?

But it is not just strikes from the air that are the problem. There is more:

However, military analysts and human rights observers say the IDF is still using unguided, indirect fire with high-explosive shells, which they argue is inappropriate for a densely populated area like Gaza …

[Israel’s 155m howitzer] shells have a lethal radius of 50 to 150 metres and causes injury up to 300 metres from its point of impact. Furthermore, such indirect-fire artillery (meaning it is fired out of direct sight of the target) has a margin of error of 200 to 300 metres.

Read that again: a margin of error of up to 300 metres, plus a lethal radius of up to 150 metres and an injury radius of 300 metres. So that’s a killing and injury zone of close to half a kilometre from the intended “precise” site of impact – in a territory that is only a few kilometres wide and long. In short, one of the main shells Israel is using in Gaza is completely imprecise.

Set aside what Israel is trying to do in Gaza. Let us assume it is actually trying to hit military targets rather than being either reckless about hitting civilian targets or deliberately trying to hit civilians, as much of the evidence might suggest.

Even if we assume total good faith on Israel’s part that it is trying to hit only Hamas and other military sites, it is clear it cannot do so even with the advanced weaponry it has. The inherent imprecision of its arsenal is compounded many fold by the fact that it is using these weapons in densely built-up areas.

So when are we going to hear HRW or the United Nation’s Navi Pillay stop talking about proportionality or Israel’s potential war crimes, and admit Israel is committing war crimes by definition – right now, as you read this.

Jonathan Cook, based in Nazareth, Israel is a winner of the Martha Gellhorn Special Prize for Journalism. His latest books are Israel and the Clash of Civilisations: Iraq, Iran and the Plan to Remake the Middle East (Pluto Press) and Disappearing Palestine: Israel’s Experiments in Human Despair (Zed Books). Read other articles by Jonathan, or visit Jonathan’s website.




Follow the genocide in Gaza - In Photos and Video

Click here to watch the genocide in Gaza – Day by Day -In Photos and Video



For who does not understand the need or concept of resistance of Palestine, recommended read:

The History of Resistance – The Eagle of Palestine



THE LEGAL RIGHT OF RESISTANCE

Is Resisting Genocide a Human Right?

81 Notre Dame Law Review1275(2006). Conducting an in-depth study of the genocide in Darfur, Sudan, and also discussing other genocides, this article details the inadequacy of many of the international community’s response to genocides, such as “targeted sanctions” or international peacekeeping forces. Examining international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, the article demonstrates that groups which are being subjected to genocide have a legal right of self-defense. International treaties, Security Council arms embargoes, or national gun control laws cannot lawfully be enforced in a manner which prevents self-defense resistance to a genocide in progress, because under international law, the prohibition against any form of complicity in genocide takes legal precedence over lesser laws. With Paul Gallant & Joanne D. Eisen. In PDF.

http://www.davekopel.com/2a/Foreign/genocide.pdf

  • The Palestinian Right of Self Defense
  • Brayer: The Absolute Right of Palestinian Resistance – Source
  • No. Israel Does Not Have the Right to Self-Defense In International Law Against Occupied Palestinian Territory – Source
  • If Jews in WWII  Warsaw would have had rockets: They would have fired them too – by occpal


MYTHS & FACTS ABOUT THE ROCKETS FROM GAZA

  • The “Rocket” from Gaza MythPhotography
  • More facts about the Rocket from Gaza MythsStorify
  • Half the story: What @IDFSpokesperson leaves out about #Gaza ~ by @yousefmunayyer
  • Israel and #Gaza: Context Behind Projectile Fire ~ by @yousefmunayyer
  • Truths and lies behind Israel’s attacks on Gaza and its whining about rockets ~ by @AliAbunimah
  • Israel is not looking for peace. Nor talks. But: This


 


* The list of shuhada does not display, the numerous victims of the zionist occupation which are undocumented by media. Nor it displays the victims of the “silent onslaught” due to restrictions of movement, ability to go to hospitals for treatment or life saving surgery, due to lack of medication because of the blockades and so on. For example: The Slow Motion Genocide by the Siege on Gaza only, killed 600 patients since Gaza got under Israeli Siege.

For an overview of All Israeli Massacres Palestinians go here

Neither does this list, display the avoidable mortality. A clear and statistical factual evidence, about the number of deaths due to indecent ruling by occupation forces. For even an occupier has obligations under International Laws, Geneva Convention and the Hague regulations, which it is neglecting. These circumstances, together with deliberate policies of the occupier to neglect and even deny every basic human right, severes avoidable mortality which is totally silenced by media or reporting organisations. While in the Holocaust, 1 on 6 Jewish people directly died of deliberate neglect, so if we believe the facts over 1 million due to avoidable mortality, neither should these same circumstances be ignores which are ongoing in Palestine. For this report displays a avoidable morality of at least 0,5 million Palestinians.

How many more dead corpses of Palestinians does the international community need to see in order to act? How many more cruelties and violations of Human Rights, Regulations and International Law will be needed to intervene so this ongoing warcrime is being stopped once and for all.





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