Israeli war crimes

Over the course of several decades, the Israel Defense Forces, the military branch of the state of Israel, has been subject to various allegations of war crimes. The government of Israel has denied any wrongdoing, and neither Israel nor the IDF have even been subject to formal investigations into committing war crimes. Allegations against Israel have been levied by human rights experts, including Special rapporteurs from the United Nations, as well as organizations such as Human Rights Watch and Amnesty International. In the last fifty years, Israel has only formally declared war twice, however, human rights experts argue that alleged actions taken by the IDF during armed conflicts in the Palestinian Occupied Territories should fall under the rubric of "war crimes."

Second Intifada

Jenin

Further information: Second Intifada and Battle of Jenin (2002)

IDF Caterpillar D9

Between 2 and 11 April, a siege and fierce fighting took place in the Palestinian refugee camp of the city of Jenin. The camp was targeted during Operation Defensive Shield after Israel determined that it had "served as a launch site for numerous terrorist attacks against both Israeli civilians and Israeli towns and villages in the area." The Jenin battle became a flashpoint for both sides, and saw fierce urban combat as Israeli infantry supported by armor and attack helicopters fought to clear the camp of Palestinian militants. The battle was eventually won by the IDF, after it employed a dozen Caterpillar D9 armored bulldozers to clear Palestinian booby traps, detonate explosive charges, and raze buildings and gun-posts; the bulldozers proved impervious to attacks by Palestinian militants.

During Israeli military operations in the camp, Palestinian sources alleged that a massacre of hundreds of people had taken place. A senior Palestinian Authority official alleged in mid-April that some 500 had been killed. During the fighting in Jenin, Israeli officials had also initially estimated hundreds of Palestinian deaths, but later said they expected the Palestinian toll to reach "45 to 55." In the ensuing controversy, Israel blocked the United Nations from conducting the first-hand inquiry unanimously sought by the Security Council, but the UN nonetheless felt able to dismiss claims of a massacre in its report, which said there had been approximately 52 deaths, criticising both sides for placing Palestinian civilians at risk. Based on their own investigations, Amnesty International and Human Rights Watch charged that some IDF personnel in Jenin had committed war crimes but also confirmed that no massacre had been committed by the IDF. Both human rights organizations called for official inquiries; the IDF disputed the charges.

2008-2009 Gaza War

Main article: International law and the Gaza War

Further information: Gaza War (2008–2009)

See also: United Nations Fact Finding Mission on the Gaza Conflict

Collective punishment

The United Nations Fact Finding Mission on the Gaza Conflict found that Israel, at least in part, targeted the people of Gaza as a whole. The Mission gave its opinion that ″the operations were in furtherance of an overall policy aimed at punishing the Gaza population for its resilience and for its apparent support for Hamas, and possibly with the intent of forcing a change in such support.″ Judge Goldstone later at least partially resiled from this conclusion.

Disproportionate force

Israel was widely criticized by human rights groups for using heavy firepower and causing hundreds of civilian casualties. A group of soldiers who took part in the conflict echoed the criticism through both the Israeli NGO Breaking the Silence and a special report by Israeli filmmaker Nurit Kedar that was shown on Britain's Channel 4 in January 2011. Israel was accused of having a deliberate policy of disproportionate force aimed at the civilian population. Israel has said that operational orders emphasized proportionality and humanity while the importance of minimising harm to civilians was made clear to soldiers. Retired U.S. Army colonel Douglas Macgregor gave his opinion as: "They went in heavy, with lots of firepower. But at the same time, because of good intel and other improvements, they were able to be selective and cut down on collateral damage."

IDF use of human shields

On 24 March, a report from the UN team responsible for the protection of children in war zones was released: it found "hundreds" of violations of the rights of children and accused Israeli soldiers of using children as human shields, bulldozing a home with a woman and child still inside, and shelling a building they had ordered civilians into a day earlier. One case involved using an 11-year-old boy as a human shield, by forcing him to enter suspected buildings first and also inspect bags. The report also mentioned the boy was used as a shield when Israeli soldiers came under fire. The Guardian has also received testimony from three Palestinian brothers aged 14, 15, and 16, who all claimed to have been used as human shields.

The UK newspaper The Guardian conducted an investigation of its own, which, according to the paper, uncovered evidence of war crimes including the use of Palestinian children as human shields. An Israeli military court later convicted two Israeli soldiers of using human shields, which was outlawed by the Israeli Supreme court in 2005.

The UN fact-finding mission investigated four incidents in which Palestinian civilians were coerced, blindfolded, handcuffed and at gunpoint to enter houses ahead of Israeli soldiers during military operations. The mission confirmed the continued use of this practice with published testimonies of Israeli soldiers who had taken part in the military operations. The mission concluded that these practices amounted to using civilians as human shields in breach of international law. Some civilians were also questioned under threat of death or injury to extract information about Palestinian combatants and tunnels, constituting a further violation of international humanitarian law.

White phosphorus

From 5 January, reports emerged of use by Israel of white phosphorus during the offensive, which was initially denied by Israel. There were numerous reports of its use by the IDF during the conflict. On 12 January, it was reported that more than 50 phosphorus burns victims were in Nasser Hospital. On 16 January the UNRWA headquarters was hit with phosphorus munitions. As a result of the hit, the compound was set ablaze. On completion of the three-day Israeli withdrawal (21 January) an Israeli military spokeswoman said that shells containing phosphorus had been used in Gaza but said that they were used legally as a method to provide a smokescreen. The IDF reiterated their position on 13 January saying that it used weapons "in compliance with international law, while strictly observing that they be used according to the type of combat and its characteristics". On 25 March 2009, the United States-based human rights organization Human Rights Watch published a 71-page report titled "Rain of Fire, Israel's Unlawful Use of White Phosphorus in Gaza" and said that Israel's usage of the weapon was illegal. Donatella Rovera, Amnesty's researcher on Israel and the Occupied Palestinian Territories said that such extensive use of this weapon in Gaza's densely populated residential neighbourhoods is inherently indiscriminate. "Its repeated use in this manner, despite evidence of its indiscriminate effects and its toll on civilians, is a war crime," she said. The Goldstone report accepted that white phosphorus is not illegal under international law but did find that the Israelis were "systematically reckless in determining its use in built-up areas". It also called for serious consideration to be given to the banning of its use as an obscurant.

Al Jazeera video. Burning Israeli white phosphorus clusters in the streets of Gaza on 11 January 2009.
Videos by Al Jazeera of the 2008–2009 Gaza War

After watching footage of Israeli troop deployments on television, a British soldier who completed numerous combat tours in Iraq and Afghanistan with the Intelligence Corps defended the Israeli Army's use of white phosphorus. The soldier noted, "White phosphorus is used because it provides an instant smokescreen, other munitions can provide a smokescreen but the effect is not instant. Faced with overwhelming enemy fire and wounded comrades, every commander would choose to screen his men instantly, to do otherwise would be negligent."

Colonel Lane, a military expert testifying in front of the fact-finding mission in July 2009, told that white phosphorus is used for smoke generation to hide from the enemy. He stated, "The quality of smoke produced by white phosphorus is superb; if you want real smoke for real coverage, white phosphorus will give it to you."

Professor Newton, expert in laws of armed conflict testifying in front of the committee, said that in an urban area, where potential perils are snipers, explosive devices and trip wires, one effective way to mask forces' movement is by white phosphorus. In certain cases, he added, such choice of means would be less harmful for civilian population than other munitions, provided that the use of white phosphorus withstands the proportionality test. In discussing the principle of proportionality he said that the legality of using white phosphorus in an urban setting could only be decided on a case-by-case basis taking into account "the precise circumstances of its use, not in general, generically, but based on that target, at that time". He stressed that the humanitarian implications were vital in this assessment giving the example that using white phosphorus on a school yard would have different implications to its use on another area. He also said that in his view white phosphorus munition is neither chemical nor incendiary weapon and is not intended to cause damage. He said its use was not prohibited by the Chemical Weapons Convention.

An article by Mark Cantora examining the legal implications of the use of white phosphorus munitions by the IDF, published in 2010 in the Gonzaga Journal of International Law, argues that Israel's use of white phosphorus in Gaza was technically legal under existing international humanitarian laws and "Therefore, it is imperative for the international community to convene a White Phosphorus Convention Conference in order to address these issues and fill this substantial gap in international humanitarian law."

Dense inert metal explosives (DIME)

Dense inert metal explosive (DIME) is a type of bomb developed to minimize collateral damage. Casualties show unusual injuries. A military expert working for Human Rights Watch said judging by the nature of the wounds and descriptions given by Gazans made it seem likely that Israel used DIME weapons. A Norwegian doctor who worked at Gaza's Shifa Hospital said that pressure waves generated by missile hits are likely the cause and produced by DIME weapons. Another Norwegian doctor said they had ″clear evidence that the Israelis are using a new type of very high explosive weapons which are called Dense Inert Metal Explosive″.

Colonel Lane, military expert testifying in front of the fact-finding mission in July 2009, told the committee that through his studies, no actual proof was found that DIME rounds were used, but tungsten, iron, and sulfur were found in samples analyzed in a forensic lab. He is of the view that some weapons systems used in the conflict had some sort of DIME component to reduce the effect on the ground. Colonel Lane explained that the idea behind a Focused Lethality Munition (FLM), which is an example of a DIME munition, is that the fragments produced stay within a safety radius of about 6 meters, so anybody outside that radius is safe, while those within the area of dispersal will be affected severely. He commented on the documentations where medics described unusual amputations saying that he was no medical expert, but the use of a metal like tungsten and cobalt at short distances would likely have that effect.

The Goldstone Report wrote that the Mission found that the allegations that DIME weapons were used by Israeli armed forces required further clarification and they were unable to ascertain their usage, though it received reports from Palestinian and foreign doctors who had operated in Gaza during the military operations of a high percentage of patients with injuries compatible with their impact. It stated that the "focused lethality" reportedly pursued in DIME weapons could be seen as enhancing compliance with the principle of distinction between civilian and military objects. The report added that as it currently stands, DIME weapons and weapons armed with heavy metal are not prohibited under international law, but do raise specific health concerns.

An Amnesty International report called on Israel to confirm or deny its use of DIME in order to facilitate the treatment of those injured in the conflict. After reports of similar cases in 2006, the IDF had denied the use of DIME weapons. After Israeli forces fired shells near a UN school in Gaza killing around 30 people, Israel's military said the shelling was in response to mortar fire from within the school and asserted that Hamas were using civilians as cover. They stated that the dead near the school included Hamas members of a rocket launching cell. Two residents of the area confirmed that a group of militants were firing mortar shells from near the school and identified two of the victims as Hamas militants.

Accusations of misconduct by IDF soldiers

Testimonies from Israeli soldiers allegedly admitting indiscriminate killings of civilians, as well as vandalizing homes, were reported in March 2009. Soon after the publication of the testimonies, reports implying that the testimonies were based on hearsay and not on the firsthand experience started to circulate. At the same time, another kind of evidence was collected from several soldiers who took part in the fighting, that rebutted claims of immoral conduct on the military's part during Gaza War. Following investigations, the IDF issued an official report, concluding that alleged cases of deliberate shooting at civilians did not take place. Nine Israeli rights groups reacting to the closure of the investigation issued a joint statement calling for an "independent nonpartisan investigative body to be established to look into all Israeli army activity" in Gaza.

In July 2009, the Israeli NGO Breaking the Silence published testimony from 26 soldiers (two junior officers and the rest enlisted personnel) who took part in the Gaza assault, claiming that the IDF used Gazans as human shields, improperly fired incendiary white phosphorus shells over civilian areas and used overwhelming firepower that caused needless deaths and destruction. The report did not represent a cross-section of the army, but rather they were troops who had approached the group or were reached through acquaintances of NGO members. The accusations were made by anonymous people who claimed that they were reserves soldiers and whose faces had been blurred in the filmed talks. An Israeli military spokesperson dismissed the testimonies as anonymous hearsay and questioned why Breaking the Silence had not handed over its findings before the media had been informed. The Israeli military said some allegations of misconduct had turned out to be second or third-hand accounts and the result of recycled rumours. Breaking the Silence state that their methodology includes the verification of all information by cross-referencing the testimonies it collects and that published material has been confirmed by a number of testimonies, from several different points of view. A representative stated "the personal details of the soldiers quoted in the collection, and the exact location of the incidents described in the testimonies, would readily be made available to any official and independent investigation of the events, as long as the identity of the testifiers did not become public." A soldier who described using Gazans as human shields told in an interview to Haaretz that he had not seen Palestinians being used as human shields but had been told by his commanders that this occurred.

In response to the report, a dozen English-speaking reservists who served in Gaza delivered signed, on-camera counter-testimonies via the SoldiersSpeakOut group, about Hamas' "use of Gazans as human shields and the measures the IDF took to protect Arab civilians". The special report by Israeli filmmaker Nurit Kedar shown on Channel 4 detailed similar allegations by former IDF soldiers that included vandalism and misconduct by Israeli troops.

Colonel Richard Kemp, former commander of British forces in Afghanistan, in his address to the UNHRC asserted that during the conflict, the Israel Defense Forces "did more to safeguard the rights of civilians in a combat zone than any other army in the history of warfare" and that Palestinian civilian casualties were a consequence of Hamas' way of fighting, which involved using human shields as a matter of policy, and deliberate attempts to sacrifice their own civilians. He added that Israel took extraordinary measures to give Gaza civilians notice of targeted areas and aborted potentially effective missions in order to prevent civilian casualties.

Prosecutions

The first Israeli soldier to be prosecuted for actions committed during the war was a Givati Brigade soldier who stole a Visa credit card from a Palestinian home and used it to withdraw NIS 1,600 ($405). He was arrested and tried before the Southern Command Military Court on charges of looting, credit card fraud, and indecent conduct. He was found guilty and sentenced to seven and a half months in military prison.

In a report submitted to the UN in January 2010, the IDF stated that two senior officers were disciplined for authorizing an artillery attack in violation of rules against their near populated areas. Several artillery shells hit the UNRWA compound in Tel al-Hawa. During the attack on 15 January 2009, the compound was set ablaze by white phosphorus shells. The officers involved were identified as Gaza Division Commander Brigadier-General Eyal Eisenberg and Givati Brigade Commander Colonel Ilan Malka. An IDF internal investigation concluded that the firing of the shells violated the IDF orders limiting the use of artillery fire near populated areas and endangered human life. IDF sources added later that the shells had been fired to create cover to assist in the extrication of IDF troops, some of whom were wounded, from an area where Hamas held a superior position. An Israeli Government spokesman stated that in this particular case they had found no evidence of criminal wrongdoing and so had not referred the case to criminal investigation.

In October 2010, Colonel Ilan Malka was interrogated by Israeli military police over the Zeitoun incident, and a criminal investigation was opened. Malka was suspected of authorizing an airstrike on a building that left numerous members of the Samouni family dead. His promotion to the rank of Brigadier-General was suspended due to the investigation. Malka told investigatiors that he was unaware of the presence of civilians. He was eventually reprimanded over the incident, but it was decided not to indict him. No other charges were brought over this incident. The IDF denied that they were targeting civilians and The New York Times reported that Hamas members had launched rockets at Israel about a mile away from the residents, an area "known to have many supporters of Hamas". The Palestinian Center for Human Rights called the result "disgraceful" and Btselem stated the need for an external investigator to look into IDF actions during Cast Lead.

In June 2010, Chief Advocate General Avichai Mandelblit summoned a recently discharged Givati Brigade sniper for a special hearing. The soldier was suspected of opening fire on Palestinian civilians when a group of 30 Palestinians that included women and children waving a white flag, approached an IDF position. The incident, which occurred on 4 January 2009, resulted in the death of a non-combatant. Mandelblit decided to indict the soldier on a charge of manslaughter, despite contradictory testimony and the fact that IDF investigators could not confirm that the soldier was responsible for the death.

In July 2010, the officer who authorized the airstrike on the Ibrahim al-Maqadna Mosque was subjected to disciplinary action, as shrapnel caused "unintentional injuries" to civilians inside. The IDF said that the officer "failed to exercise appropriate judgement", and that he would not be allowed to serve in similar positions of command in the future. Another Israeli officer was also reprimanded for allowing a Palestinian man to enter a building to persuade Hamas militants sheltering inside to leave.

In November 2010, two Givati Brigade Staff Sergeants were convicted by the Southern Command Military Court of using a Palestinian boy as a human shield. The soldiers had been accused of forcing nine-year-old Majed R. at gunpoint to open bags suspected of containing bombs in the Tel al-Hawa neighborhood. Both soldiers were demoted one rank and given three-month suspended sentences.

According to the U.S. State Department's 2010 Human Rights Report, the Military Advocate General investigated over 150 wartime incidents, including those mentioned in the Goldstone Report. As of July, the Military Advocate General launched 47 criminal investigations into the conduct of IDF personnel, and completed a significant number of those.

On 1 April 2011, Judge Richard Goldstone, the lead author of the UN report on the conflict, published a piece in The Washington Post titled 'Reconsidering the Goldstone Report on Israel and war crimes'. Goldstone noted that the subsequent investigations conducted by Israel "indicate that civilians were not intentionally targeted as a matter of policy" while "the crimes allegedly committed by Hamas were intentional goes without saying." He further expressed regret "that our fact-finding mission did not have such evidence explaining the circumstances in which we said civilians in Gaza were targeted, because it probably would have influenced our findings about intentionality and war crimes." The other principal authors of the UN report, Hina Jilani, Christine Chinkin and Desmond Travers, have rejected Goldstone's reassessment arguing that there is "no justification for any demand or expectation for reconsideration of the report as nothing of substance has appeared that would in any way change the context, findings or conclusions of that report with respect to any of the parties to the Gaza conflict".

2014 Gaza War

Main article: 2014 Gaza War

Israel received some 500 complaints concerning 360 alleged violations. 80 were closed without criminal charges, 6 cases were opened on incidents allegedly involving criminal conduct, and in one case regarding 3 IDF soldiers in the aftermath of the Battle of Shuja'iyya, a charge of looting was laid. Most cases were closed for what the military magistrates considered to be lack of evidence to sustain a charge of misconduct. No mention was made of incidents during the "Black Friday" events at Rafah.

According to Assaf Sharon of Tel Aviv University, the IDF was pressured by politicians to unleash unnecessary violence whose basic purpose was 'to satisfy a need for vengeance,' which the politicians themselves tried to whip up in Israel's population. Asa Kasher wrote that the IDF was pulled into fighting "that is both strategically and morally asymmetric" and that like any other army it made mistakes, but the charges it faces are "grossly unfair". The Israeli NGO Breaking the Silence, reporting on its analysis of 111 testimonies concerning the war by some 70 IDF soldiers and officers, cited one veteran's remark that "Anyone found in an IDF area, which the IDF had occupied, was not a civilian," to argue that this was the basic rule of engagement. Soldiers were briefed to regard everything inside the Strip as a threat. The report cites several examples of civilians, including women, being shot dead and defined as "terrorists" in later reports. Since leaflets were dropped telling civilians to leave areas to be bombed, soldiers could assume any movement in a bombed area entitled them to shoot. In one case that came under investigation, Lt Col Neria Yeshurun ordered a Palestinian medical centre to be shelled to avenge the killing of one of his officers by a sniper.

Civilian deaths

Many of those killed were civilians, prompting concern from many humanitarian organisations. An investigation by Human Rights Watch concluded that Israel had probably committed war crimes on three specific incidents involving strikes on UNWRA schools. Amnesty International stated that: "Israeli forces have carried out attacks that have killed hundreds of civilians, including through the use of precision weaponry such as drone-fired missiles, and attacks using munitions such as artillery, which cannot be precisely targeted, on very densely populated residential areas, such as Shuja'iyya. They have also directly attacked civilian objects." B'tselem has compiled an infogram listing families killed at home in 72 incidents of bombing or shelling, comprising 547 people killed, of whom 125 were women under 60, 250 were minors, and 29 were over 60. On 24 August, Palestinian health officials said that 89 families had been killed.

Nine people were killed while watching the World Cup in a cafe, and 8 members of a family died that Israel has said were inadvertently killed. A Golani soldier interviewed about his operations inside Gaza said they often could not distinguish between civilians and Hamas fighters because some Hamas operatives dressed in plainclothes and the night vision goggles made everything look green. An IDF spokesperson said that Hamas "deploys in residential areas, creating rocket launch sites, command and control centers, and other positions deep in the heart of urban areas. By doing so, Hamas chooses the battleground where the IDF is forced to operate." The highest-ranking U.S. military officer, Army General Martin Dempsey, the chairman of the Joint Chiefs of Staff, said that "Israel went to extraordinary lengths to limit collateral damage and civilian casualties". Later in his speech he said, "the Pentagon three months ago sent a 'lessons-learned team' of senior officers and non-commissioned officers to work with the IDF to see what could be learned from the Gaza operation, to include the measures they took to prevent civilian casualties and what they did with tunneling." Col. Richard Kemp told The Observer, "IDF has taken greater steps than any other army in the history of warfare to minimise harm to civilians in a combat zone"

Warnings prior to attacks

In many cases the IDF warned civilians prior to targeting militants in highly populated areas in order to comply with international law. Human rights organizations including Amnesty International, confirmed that in many cases, Palestinians received warnings prior to evacuation, including flyers, phone calls and roof knocking. A report by Jaffa based NGO Physicians for Human Rights, released in January 2015, said that Israel's alert system had failed, and that the roof-knock system was ineffective. The IDF was criticized for not giving civilians enough time to evacuate. In one case, the warning came less than one minute before the bombing. Hamas has told civilians to return to their homes or stay put following Israeli warnings to leave. In many cases, Palestinians evacuated; in others, they have stayed in their homes. Israel condemned Hamas's encouragement of Palestinians to remain in their homes despite warnings in advance of airstrikes. Hamas stated that the warnings were a form of psychological warfare and that people would be equally or more unsafe in the rest of Gaza.

Amnesty International said that "although the Israeli authorities claim to be warning civilians in Gaza, a consistent pattern has emerged that their actions do not constitute an "effective warning" under international humanitarian law." Human Rights Watch concurred. Many Gazans, when asked, told journalists that they remained in their houses simply because they had nowhere else to go. OCHA's spokesman has said "there is literally no safe place for civilians" in Gaza. Roof knocking has been condemned as unlawful by Amnesty International and Human Rights Watch as well as the United Nations Fact Finding Mission in the 2008 war.

Destruction of homes

Ruins of a residential area in Beit Hanoun.

See also: § Use of civilian structures for military purposes, and House demolition in the Israeli-Palestinian conflict

Israel targeted many homes in this conflict. UNWRA official Robert Turner estimated that 7,000 homes were demolished and 89,000 were damaged, some 10,000 of them severely. This has led to many members of the same family being killed. B'Tselem documented 59 incidents of bombing and shelling, in which 458 people were killed. In some cases, Israel has stated that these homes were of suspected militants and were used for military purposes. The New York Times noted that the damage in this operation was higher than in the previous two wars and stated that 60,000 people had been left homeless as a result. The destruction of homes has been condemned by B'Tselem, Human Rights Watch and Amnesty International as unlawful, amounting to collective punishment and war crimes.

Israel destroyed the homes of two suspects in the case of the abduction and killing of the three teenagers. The house demolition has been condemned by B'Tselem as unlawful.

Palestinians returning to their homes during the ceasefire reported that IDF soldiers had trashed their homes, destroyed home electronics such as TV sets, spread feces in their homes, and carved slogans such as "Burn Gaza down" and "Good Arab = dead Arab" in walls and furniture. The IDF did not respond to a request by The Guardian for comment.

On 5 November 2014, Amnesty International published a report examining eight cases where the IDF targeted homes, resulting in the deaths of 111 people, of whom 104 were civilians. Barred from access to Gaza by Israel since 2012, it conducted its research remotely, supported by two contracted Gaza-based fieldworkers who conducted multiple visits of each site to interview survivors, and consulted with military experts to evaluate photographic and video material. It concludes, in every case, that "there was a failure to take necessary precautions to avoid excessive harm to civilians and civilian property, as required by international humanitarian law" and "no prior warning was given to the civilian residents to allow them to escape." As Israel did not disclose any information regarding the incidents, the report said it was not possible for Amnesty International to be certain of what Israel was targeting; it also said that if there were no valid military objectives, international humanitarian law may have been violated, as attacks directed at civilians and civilian objects, or attacks which are otherwise disproportionate relative to the anticipated military advantage of carrying them out, constitute war crimes.

The report was dismissed by the Israeli Ministry of Foreign Affairs as "narrow", "decontextualized", and disattentive of alleged war crimes perpetrated by Hamas. Amnesty, it asserted, was serving as "a propaganda tool for Hamas and other terror groups." Anne Herzberg, legal adviser for NGO Monitor, questioned the accuracy of the UN numbers used in the report, saying that they "essentially come from Hamas."

Shelling of UNRWA schools

Main article: 2014 Israeli shelling of UNRWA Gaza shelters

There were seven shellings at UNRWA facilities in the Gaza Strip which took place between 21 July and 3 August 2014. The incidents were the result of artillery, mortar or aerial missile fire which struck on or near the UNRWA facilities being used as shelters for Palestinians, and as a result at least 44 civilians, including 10 UN staff, died. During the 2014 Israel-Gaza conflict, many Palestinians fled their homes after warnings by Israel or due to air strikes or fighting in the area. An estimated 290,000 people (15% of Gaza's population) took shelter in UNRWA schools.

On three separate occasions, on 16 July, 22 July and on 29 July, UNRWA announced that rockets had been found in their schools. UNRWA denounced the groups responsible for "flagrant violations of the neutrality of its premises". All of these schools were vacant at the time when rockets were discovered; no rockets were found in any shelters which were shelled. The Israel Defense Forces (IDF) stated that "Hamas chooses where these battles are conducted and, despite Israel's best efforts to prevent civilian casualties, Hamas is ultimately responsible for the tragic loss of civilian life. Specifically in the case of UN facilities, it is important to note the repeated abuse of UN facilities by Hamas, namely with at least three cases of munitions storage within such facilities."

The attacks were condemned by members of the UN (UNRWA's parent organization) and other governments, such as the U.S., have expressed "extreme concern" over the safety of Palestinian civilians who "are not safe in UN-designated shelters." The Rafah shelling in particular was widely criticized, with Ban Ki-moon calling it a "moral outrage and a criminal act" and US State Department calling it "appalling" and "disgraceful". UN High Commissioner for Human Rights Navi Pillay said that both Hamas militants and Israel might have committed war crimes. A Human Rights Watch investigation into three of the incidents concluded that Israel committed war crimes because two of the shellings "did not appear to target a military objective or were otherwise indiscriminate", while the third Rafah shelling was "unlawfully disproportionate". On 27 April 2015, the United Nations released an inquiry which concluded that Israel was responsible for the deaths of at least 44 Palestinians who died in the shelling and 227 were injured.

Infrastructure

On 23 July, twelve human rights organizations in Israel released a letter to Israeli government warning that "Gaza Strip's civilian infrastructure is collapsing". They wrote that "due to Israel's ongoing control over significant aspects of life in Gaza, Israel has a legal obligation to ensure that the humanitarian needs of the people of Gaza are met and that they have access to adequate supplies of water and electricity." They note that many water and electricity systems were damaged during the conflict, which has led to a "pending humanitarian and environmental catastrophe". The Sydney Morning Herald reported that "almost every piece of critical infrastructure, from electricity to water to sewage, has been seriously compromised by either direct hits from Israeli air strikes and shelling or collateral damage."

Between five and eight of the 10 power lines that bring electricity from Israel were disabled, at least three by Hamas rocket fire. On 29 July, Israel was reported to bomb Gaza's only power plant, which was estimated to take a year to repair. Amnesty International said the crippling of the power station amounted to "collective punishment of Palestinians". Human Rights Watch has stated that "[d]amaging or destroying a power plant, even if it also served a military purpose, would be an unlawful disproportionate attack under the laws of war". Israel immediately denied damaging the power plant, stating there was "no indication that [IDF] were involved in the strike ... The area surrounding the plant was also not struck in recent days." Contradicting initial reports that it would take a year to repair, the power plant resumed operation on 27 October.

Attacks on journalists

17 journalists were killed in the conflict, of which five were off-duty and two (from Associated Press) were covering a bomb disposal team's efforts to defuse an unexploded Israeli artillery shell when it exploded. In several cases, the journalists were killed while having markings distinguishing them as press on their vehicles or clothing. IDF stated that in one case it had precise information that a vehicle marked "TV" that was hit killing one alleged journalist was in military use. Several media outlets, including the offices of Al-Jazeera, were hit. The International Federation of Journalists has condemned the attacks as "appalling murders and attacks". Journalists are considered civilians and should not be targeted under international humanitarian law. The Israeli army said it does not target journalists, and that it contacts news media "in order to advise them which areas to avoid during the conflict". Israel has made foreign journalists sign a waiver stating that it is not responsible for their safety in Gaza, which Reporters Without Borders calls contrary to international law. The Director-General of UNESCO, Irina Bokova, who in August 2014 condemned the killing of Al Aqsa TV journalist Abdullah Murtaja, withdrew her comments after it was revealed that Murtaja was also a combatant in Hamas's Al Qassam Brigade, and said she "deplore[d] attempts to instrumentalize the profession of journalists by combatants"

ITIC published a report analyzing a list of 17 names published by Wafa News Agency based on information originating from Hamas-controlled Gaza office of the ministry of information that supposedly belong to journalists killed in the operation. The report says that 8 of the names belong to Hamas or Islamic Jihad operatives, or employees of the Hamas media.

Israel bombed Hamas's Al-Aqsa radio and TV stations because of their "propaganda dissemination capabilities used to broadcast the messages of (Hamas's) military wing." Reporters Without Borders and Al-Haq condemned the attacks, saying "an expert committee formed by the International Criminal Court's prosecutor for the former Yugoslavia, to assess the NATO bombing campaign of 1999, specified that a journalist or media organization is not a legitimate target merely because it broadcasts or disseminates propaganda." The U.S. government classifies Al-Aqsa TV as being controlled by Hamas, a "Specially Designated Global Terrorist," and states that it "will not distinguish between a business financed and controlled by a terrorist group, such as Al-Aqsa Television, and the terrorist group itself."

Human shields

The UN High Commissioner for Human Rights Navi Pillay accused Israel of having "defied international law by attacking civilian areas of Gaza such as schools, hospitals, homes and U.N. facilities. "None of this appears to me to be accidental," Pillay said. "They appear to be defying – deliberate defiance of – obligations that international law imposes on Israel."" The Jaffa based NGO Physicians for Human Rights stated in a report in January 2015 that the IDF had used human shields during the war. IDF criticized the report's conclusions and methodology which "cast a heavy shadow over its content and credibility". Defense for Children International-Palestine reported that 17-year-old Ahmad Abu Raida was kidnapped by Israeli soldiers who, after beating him up, used him as a human shield for five days, forcing him to walk in front of them with police dogs at gunpoint, search houses and dig in places soldiers suspected there might be tunnels. Several of the key claims could not be verified because his Hamas-employed father said he forgot to take photographs of the alleged abuse marks and discarded all the clothing IDF soldiers supposedly provided Abu Raida when he was freed.

The IDF confirmed that the troops suspected Ahmad of being a militant based on the affiliation of his father (a senior official in Gaza's Tourism Ministry) with Hamas and so detained him during the ground operation. The IDF and Israeli authorities challenged the credibility of DCI-P noting their "scant regard for truth". The IDF Military Advocate General opened criminal investigation into the event.

See also

• Allegations of war crimes in the 2006 Lebanon War