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Ayman al-Kurd, a former member of the [[Palestine national football team]] was killed by Israeli shelling.<ref name=Reuters0114/>
Ayman al-Kurd, a former member of the [[Palestine national football team]] was killed by Israeli shelling.<ref name=Reuters0114/>

<gallery>
File:Infantvictim.jpg|Almost one third of the victims are children including this infant killed in an explosion in the Zeitoun attack [http://i1.democracynow.org/2009/1/9/headlines]
File:Morgueday14.JPG|Bodies at morgue. As of January 16, the total of casualties as a result of the Israeli assault on Gaza is 1,300.
File:DeadGazagirlcloseday14.JPG|Gazan girl killed by the Israeli assault on Gaza Strip on the 14th day.
</gallery>
==== Combatants ====
==== Combatants ====



Revision as of 03:41, 19 January 2009

Template:Activediscuss

2008–2009 Israel–Gaza conflict
Part of the Israeli–Palestinian conflict

Map of Gaza; Map of Region
DateDecember 27, 2008 – January 18, 2009
Location
Status Israel and Hamas each declared unilateral ceasefires
Belligerents
 Israel (IDF) Hamas (Izz ad-Din al-Qassam Brigades)
Islamic Jihad in Palestine[1]
File:Logoprc.jpg Popular Resistance Committees[2]
File:Fateh-logo.jpg Al-Aqsa Martyrs Brigades[2]
File:PFLP flag smoothed.svg Popular Front for the Liberation of Palestine[2]
Commanders and leaders
Israel Ehud Barak (DefMin)
Israel Gabi Ashkenazi (CoS)
Israel Yoav Galant (SoCom)
Ismail Haniyeh
Mahmoud az-Zahar
Ahmed al-Ja'abari
Strength
176,500 (total)
Backed by tanks, artillery, gunboats,[3] and aircraft.[4]
Hamas: 20,000 (total) [5]
Casualties and losses

Total killed: 13[6][7]
Soldiers: 10[8]
Civilians: 3[9][8]

Total wounded: 326
Soldiers: 242[10][11]
Civilians: 84[12][13]

Total killed: 1,300*[14]
Fighters: 400-650** (IDF)[15] Policemen: 167 (138 during initial airstrikes)(PCHR)[16][17]
Civilians: ~700***(Reuters)[18], 844+***(PCHR), [19]

Total wounded: 5,300****(MoH)[20]
One Egyptian border guard officer killed and three guards and two children wounded.[21][22]

*Casualty figures and the civilian/combatant breakdown in Gaza cannot yet be independently verified.[23][24][25][26][27]
**The IDF claimed that 400 dead were known "Hamas operatives," and that 250 were also Hamas operatives.[15]
***There is no estimate of non-elderly male civilian fatalities. Around 550 of the deaths are: 4 UN[28][29] and 13 medical workers,[28][30] 4 journalists,[31] 3 top soccer players,[32] 410 children,[20] 85 women,[12], 97 elderly people,[33][34] and 40-80 others.[35] Also, two foreigners, a Ukrainian woman and her child.[36]

****Among the wounded there were 1,745 children and 740 women.[12]

Template:Campaignbox Arab-Israeli conflict

The 2008–2009 Israel–Gaza conflict, part of the ongoing Israeli–Palestinian conflict, intensified on 27 December 2008 (11:30 a.m. local time; 9:30 a.m. UTC)[37] when Israel launched a military campaign codenamed Operation Cast Lead (Hebrew: מבצע עופרת יצוקה), targeting the members and infrastructure of Hamas.[38][39][40] The conflict has been described as the Gaza Massacre (Arabic: مجزرة غزة) in much of the Arab World.[41][42][43][44][45][46][47][48][49][50]

A six-month truce between Hamas and Israel ended on 19 December 2008,[51][52][53][54] after Hamas blamed Israel for not lifting the Gaza Strip blockade and for continuing raids in Gaza, and Israel blamed Hamas for the rocket and mortar attacks directed at its southern cities.[55] Israel's stated objectives in this conflict are to defend itself from Palestinian rocket fire[56] and prevent the rearming of Hamas.[57] Hamas demands the cessation of Israeli attacks and an end to the Israeli blockade.[58]

On the first day of the Israeli operation, the Israeli Air Force bombed roughly 100 targets in four minutes, including Hamas bases, training camps, headquarters and offices[59][60] in all of Gaza's main towns, including Gaza City, Beit Hanoun, Khan Younis, and Rafah.[61][62][63][64][65][66] Civilian infrastructure, including mosques, houses and schools, have also been attacked; Israel claims that they were fired upon from many of these buildings or they hid weapons and personnel and that it is not targeting civilians.[67][68][69][70][71][72][73] The Israeli Navy has shelled targets and strengthened its naval blockade of Gaza, resulting in one naval incident with a civilian boat.[74][75][76] Hamas has intensified its rocket and mortar attacks against Israel throughout the conflict, hitting such cities as Beersheba and Ashdod.[77][78][79][80][81]

On January 3, 2009, the Israeli Defence Forces ground invasion began, with mechanised infantry, armor, and artillery units, supported by helicopter gunships, entering Gaza.[82][83] Israeli defense minister Ehud Barak stated that this will be a "war to the bitter end,"[84] while Hamas spokesman Ismail Radwant declared Hamas would "fight until the last breath."[85]

International reactions to the conflict have included calls for an immediate ceasefire, and concern about the humanitarian situation in the Gaza Strip and the hindrances in delivering aid.[86][87][88][89]

On January 8, the UN Security Council approved Resolution 1860 calling for an immediate ceasefire and withdrawal of Israeli troops, with 14 of 15 member states supporting the resolution and one abstaining (the United States).[90]

Israel announced a unilateral ceasefire with Hamas on January 18 which came in effect at 0000 UTC (2 a.m. local time). Palestinian militants fired about 20 rockets over the border after the Israeli ceasefire announcement. Israel retaliated with an airstrike. Hamas offered its own one-week unilateral ceasefire.[91]Cite error: The <ref> tag has too many names (see the help page).

Background

See also: List of Palestinian fatalities resulting from Israeli attacks on the Gaza Strip in 2008, List of rocket and mortar attacks in Israel in 2008, 2009
A house in Sderot that was hit by Qassam rocket fired by Hamas

The Gaza strip is one of the most densely populated places on earth. According to the CIA Factbook as of June 2007, it holds a population of 1,482,405 on an area of only 360 square kilometers (139 sq mi). Almost half of the population are children aged 14 or younger (44.7% as of June 2007).

Following its victory in the 2006 municipal legislative elections and the unsuccessful coup of Fatah and succeeding military conflict with Hamas in which Hamas assumed administrative control, Israel and Egypt sealed their border crossings with Gaza and imposed a blockade on the territory, prohibiting all exports and allowing only enough goods to avert a humanitarian or health crisis.[92] The tunneling system that developed, according to Egyptian sources, was mainly employed to import food, arms being mostly imported from the sea[93]. Hamas and other Palestinian paramilitias increased the number of Qassam rockets and mortars fired from the Gaza strip into Southern Israel. Israel conducted airstrikes on Gaza during 2007 and 2008, against Hamas and other targets.[94]

Hamas considers Israel an illegitimate state and Israel views Hamas as a terrorist group that must be dismantled.[95]

2008 lull

On June 19, 2008, an Egyptian-brokered pause in hostilities between Israel and Hamas, consisting of a six-month 'lull', translating the Arabic term Tahdia, went into effect 'for the Gaza area'.[52][96] According to The New York Times, neither side fully respected the terms of the cease-fire.[95].

The June 19 agreement required Hamas to end rocket attacks upon Israel in exchange for an end of the blockade and for commerce in Gaza to be restored to the level preceding Israel's withdrawal in 2005 and Hamas's electoral victory.[95] Israeli policy tied the easing of the blockade to success in reducing rocket fire[97]. Israel re-opened supply lines gradually, permitting a 20% increase in goods trucked into Gaza in the pre-lull period.

Israel accused Hamas of continuing the smuggling of weapons into the Gaza strip via tunnels to Egypt, pointing out that the rocket attacks had not completely ceased, and complained that Hamas would not continue negotiating the release of Israeli hostage Gilad Shalit, held by Hamas in Gaza since 2006.[61] Hamas criticized Israel for maintaining the Blockade of the Gaza Strip.[98] On the 18th of December, Izz ad-Din al-Qassam Brigades, the military wing of Palestinian Hamas, reported 185 Israeli violations in the lull period.[99]

Rocket fire decreased 98% in the four and a half months between June 18 and November 4 in comparison with the four and half months preceding the ceasefire.[100] Hamas denied responsibility for the rockets that were fired and, 'even imprisoned some of those who were firing rockets'.[101] Nevertheless, Human Rights Watch complained to Hamas that some rocket firing militants were summarily released without an explanation.[102]

Conflict escalates

On November 4, 2008, Israeli military raided a Hamas-dug tunnel between Gaza and Israel on the Gazan side of the border. The IDF claimed it was intended for the capture of Israeli soldiers, while Hamas, and according to Robert Pastor one IDF source, maintained it was for defensive purposes.[103] As six members of Hamas were killed,[104][95] it considered this attack a "massive breach of the truce,"[105] and rocket attacks towards Israeli cities around Gaza increased sharply in November 2008, approaching the pre-truce levels.[106] According to a November 17 article in The Telegraph, "since violence flared on Nov 5, Israeli forces and militants, some of them from Hamas, have engaged in almost daily tit-for-tat exchanges."[107]

On December 13, 2008, Israel announced that it was in favor of extending the cease-fire, provided Hamas adhered to its conditions.[108] The conditions posed by a Hamas delegation in Cairo on December 14, were that the parties return to the original Hamas-Israel ceasefire arrangement. Hamas would undertake to stop all rocket attacks against Israel if the Israelis would agree to open up the border crossings, not to reduce commercial traffic thereafter, and not to launch attacks in Gaza. At an Israeli Cabinet meeting on December 21, Yuval Diskin, the head of Israel's internal security agency, confirmed the seriousness of Hamas’s interest in maintaining the truce.[citation needed]

On December 20 Hamas officially announced that they would not be extending the cease-fire, which had expired on December 19, citing Israeli border closures as the primary reason, and resumed its shelling of the western Negev.[109] Hamas blamed Israel for the end of the ceasefire, saying it had not respected its terms, including the lifting of the blockade, under which little more than humanitarian aid has been allowed into Gaza. Israel said it initially began easing the blockade, but resumed it when Hamas failed to fulfill the agreed conditions, including ending all rocket fire and halting weapons smuggling.[62]

On December 23, in an Egyptian newspaper interview Mahmoud al-Zahar, a senior Hamas leader, said that his group was willing to renew the hudna if Israel refrained from operating in Gaza, and lifted its blockade of the Gaza strip. He added that Hamas was undeterred by the possibility of an Israeli operation in Gaza: "We've been hearing talk of a possible Israeli invasion for the past three years. Israel is like a teenager that starts to smoke, and then stops when he chokes. If they want to enter – they're welcome to do so."[110] The same day the IDF killed three Palestinian militants, stating that the militants were planting explosives on the Gaza border.[111] Israel was also reluctant to open the border crossings, which had been closed since November.[112] On December 24 the Negev was hit by more than 60 mortar shells and Katyusha and Qassam rockets, and the IDF was given a green light to operate.[113] Hamas claimed to have fired a total of 87 rockets and mortar rounds that day at Israel, code-naming the firing "Operation Oil Stain".[114]

On December 25, 2008, Israeli Prime Minister, after Israel had "wrapped up preparations for a broad offensive", Ehud Olmert delivered a 'Last Minute' Warning in an interview with the Arabic language satellite channel al-Arabiya. "I am telling them now, it may be the last minute, I'm telling them stop it. We are stronger," he said.[115]

On December 26, 2008, Israel reopened five crossings between Israel and Gaza for humanitarian supplies. At the same time, militants[who?] fired about a dozen rockets and mortar shells from Gaza at Israel on Friday.[116] Fuel was allowed in for Gaza's main power plant and about 100 trucks loaded with grain, humanitarian aid and other goods were expected during the day.[117] Rocket attacks continued — about a dozen rockets and mortar bombs were fired from Gaza into Israel, one accidentally striking a northern Gaza house and killing two Palestinian sisters, aged five and thirteen, while wounding a third.[118] According to Israeli defense officials, the subsequent Israeli offensive took Hamas by surprise, thereby increasing their casualties.[119]

Campaign

Israeli offensive

Air strikes

Al Jazeera footage showing the aftermath of Israeli strike on police station, UN school, mosque, and homes. Day 3 of the assault.

Israel launched its military operation, Operation Cast Lead, at 11:30 a.m., December 27, when more than 50 fighter jets and attack helicopters entered Gazan airspace, killing 225-292 Palestinians and wounding more than 1,000.[120][121][122][123] The IAF dropped more than 100 bombs on 50 targets,[124] which included Hamas paramilitary bases, training camps, and underground Kassam launchers. It also hit Hamas headquarters, government offices and police stations.

About 140 members of Hamas security forces were killed, including police chief Tawfiq Jabber, the head of Hamas’ security and protection unit[125] and the police commander for central Gaza,[126] along with at least 15 civilians. Children were reported among the casualties.[125][127] Attacks on police in Gaza were justified by Israel on the grounds that they are "combatants"; however, human rights groups say that police, even if affiliated with Hamas, are not combatants and do not represent legitimate targets unless they are actively engaged in hostilities.[128]

Some Palestinians call this day Massacre of the Black Saturday[129] because of the magnitude of casualties inflicted. The Israeli attack is considered to be the bloodiest one-day death toll in 60 years of conflict with the Palestinians.[130]

Following the first day of air raids, the Israeli Air Force continued to inflict massive damage in the coming week to the Palestinian infrastructure. Among their targets were ministerial buildings, Hamas training camps, offices of the Popular Resistance Committees, of homes of Hamas commanders ( roof knocking ). The IDF sources noted: "Destruction of hundreds of Hamas leaders' homes as one of the keys to the offensive's success. The homes serve as weapons warehouses and headquarters, and shelling them has seriously hindered Hamas capabilities."[131] A number of high-ranking Hamas commanders were killed in the attacks, including: Nizar Rayan, Abu Zakaria al-Jamal, Jamal Mamduch and others. Many of the killed Hamas leaders had died along with their families in their own homes. By January 3, 2009, the death toll among Palestinians was at 400, 25% of them civilians.[132]

Airstrikes continued throughout the ground invasion that followed. The Independent reported that as of January 15, Israeli forces had carried out 2,360 airstrikes in the Gaza Strip.[133]

Ground invasion

IDF infantry and armor units amassed near the Gaza border on December 28, engaging in an active blockade of the strip.[134] On December 29, Hamas fired massive rocket barrages into Israeli territory, killing an Israeli soldier and three civilians. On the evening of January 3, Israel launched its ground operation with troops entering Gaza for the first time since the operation began.[135][136] The intention of the ground invasion, termed the 'second stage' of Operation Cast Lead, according to the Israeli Defense Forces website, is to secure areas within the Gaza strip from which rockets have been launched even after the previous Israeli operations.

Israeli ground troops entered Beit Lahiya and Beit Hanoun in northern Gaza in the early hours.[137] Israeli forces reportedly bisected Gaza and surrounded Gaza City, but restricted their movements to areas that were not heavily urbanised.[138] One Israeli soldier was killed in the offensive and another seriously wounded. The Israeli military said forty sites had been targeted, including targets for weapons depots and rocket launch sites.

On January 3, the IDF attacked the Ibrahim al-Maqadna mosque in Beit Lahiya after the evening prayer. Witnesses said over 200 Palestinians were inside at the time.[139][140] Thirteen people, including six "believed to be under the age of 18,", were killed, and thirty wounded.[140][141] Israel has accused Hamas of using this mosque,[142] and others, to hide weapons and ammunition.[140][143] Another three Hamas commanders were killed on January 4: Hussam Hamdan, Muhammad Hilou and Mohammed Shalpokh.

Smoke in Gaza, January 12, 2009

As Israeli tanks and troops seized control of large parts of the Gaza Strip, tens of thousands of Gazans fled their homes amidst artillery and gunfire, and flooded into the heart of Gaza city.[144] Gun battles broke out between Israel and Hamas on the streets of Gaza as Israel surrounded the city.[145][146] On January 6, at least 125 Palestinians were killed. 1 Israeli soldier was killed in an exchange of fire with Hamas militants, with an additional 4 Israeli soldiers killed and 24 wounded when an Israeli tank mistakenly fired on their position. The crew had believed that the position was occupied by enemy fighters. [147] 42 of the Palestinians were civilians killed when an Israeli mortar struck a UN school which housed refuges.

Despite the ground operation by the IDF rocket attacks by Hamas continued against southern Israel.

Attack on Gaza City

On the morning of January 11, the IDF started the third stage of the operation with an attack on the suburbs of Gaza City. Israeli forces pushed into the south of the city and reached a key junction to its north. During their advance Hamas and Islamic Jihad ambushed Israeli troops at several locations and heavy fighting ensued.[148] Additionally, the IAF reported that Hamas operatives had tried to shoot down an IAF fixed wing aircraft with anti-aircraft missiles for the first time since operations in Gaza began. Heavy machine gun fire against helicopters had also been unsuccessful.[149]

On January 12, the IDF reported that it started deploying reserve forces in Gaza. [150]

Palestinians in a Gaza city neighbourhood on Day 18 of the War in Gaza (Source: Al Jazeera English)

On January 13, Israeli tanks continued their advance toward the headquarters of Hamas' preventative security building from the al-Karramah neighborhood in the northwest and the Tel al-Hawa neighborhood in the northeast.[151] Before dawn, during the night, troops advanced 300 yards into Tel al-Hawa, a neighborhood which has several high-rise buildings. As troops entered the narrow streets heavy street fighting with militants ensued leaving 3 Israeli soldiers wounded and 30 Hamas militants dead or wounded, according to the IDF. By morning IDF soldiers were still advancing slowly towards the city center and several buildings were in flames in Tel al-Hawa, where most of the fighting took place.[152]

On January 15, Israeli artillery started a bombardment of the city while fighting was still going on in the streets. Three high-rise buildings were shelled. The Israeli military reported to have killed dozens of militants, since breaching the city limits four days earlier, while they suffered 20-25 soldiers wounded. Among buildings shelled were the al-Quds hospital, Gaza's second-largest, in the Tal El Hawa district; the Al-Shuruq Tower's 13th floor, housing journalists: and the headquarters of the UN Relief and Works Agency (UNRWA). Because of this, the United Nations will stop humanitarian aid in and outside the Gaza Strip.[153]

Humanitarian ceasefires

After Israel faced mounting international pressure for a ceasefire in the wake of the UNRWA school attack,[154][155] it announced the three-hour "humanitarian truce" on January 7, and opened a humanitarian corridor to allow aid supplies to reach Gazans. The Israeli army promised to refrain from attacks between 1 and 4 pm (UTC+2).[156] Hamas responded that they would respect (this initial) ceasefire,[157] 80 aid trucks entered the strip, and Israel delivered industrial fuel for Gaza's power plant. Israel has repeated this ceasefire either daily or every other day. Fighting at large resumed immediately following the end of the truce.[156][158][159] Aid officials and the UN welcomed the truce, praising it, but said it was not enough.[154]

Despite the cessation of hostilities, a UN aid convoy was fired upon, and two aid workers were killed. The UN initially placed blame on Israeli tank fire,[160] though on January 10, an Israeli investigation stated that the IDF was blameless, and the UN's sources admitted "that they were not sure in which direction the truck was headed when it was hit, and could also not say with certainty that tank shells were responsible."[161] The UN said the delivery had been coordinated with Israel, and Chris Gunness, a UN spokesman, said that aid shipments were being suspended until the safety of UN staff could be guaranteed.[162][163] As of January 8, four UNRWA aid workers had been killed over the course of the offensive.[160] On January 9, the UN said its aid workers will resume movement in the Gaza strip, having received assurances from Israel that they are not being targeted.[164] A report in the Israeli media alleged that Hamas fired mortar shells on January 10, as supplies were crossing the Kerem Shalom border crossing.[165]

Palestinian military activity

Rocket attacks into Israel



This file may be deleted after Sunday, 25 January 2009.
A Grad rocket hit in Beer Sheba on January 7th, 2009.

Hamas increased its rocket attacks on southern Israeli cities and communities during the conflict. The strike range of these rockets has increased from 16 kilometres (9.9 mi) to 40 kilometres (25 mi) since early 2008. These attacks have resulted in civilian casualties and damage to infrastructure.[77][78][79][80][166] Hamas also began to deploy improved Qassam and Grad rockets with a range of 40 kilometers.[167]. Rockets reached major Israeli cities Ashkelon, Beersheba and Gedera for the first time, putting one-eighth of Israel's population in rocket range[168] and raising concerns about the safety of the Tel Aviv metropolitan area, Israel's largest population center.[169][170] As of January 13, Hamas had launched approximately 565 rockets and 200 mortars at Israel since the beginning of the conflict, according to Israeli security sources.[171] Qassam strikes included a direct hit on an apartment building in the center of Ashkelon[172], while Grad rockets struck the Makif Alef high school in Beersheba,[173] and a home in Ashkelon on January 12.[174]

Engagement with Israeli forces

Hamas representatives claimed they were fighting with the aid of armored vehicles and weapons confiscated from the Palestinian National Authority, given by Israel, the United States and other countries.[175] A Hamas fighter reported that the group has prepared a tunnel network in Gaza city that would allow Hamas to engage the IDF in urban warfare.[176] Other tactics include suicide bombers, wearing civilian clothes and attempts to capture IDF soldiers.[176] Ron Ben-Yishai, an Israeli military correspondent embedded with invading ground forces, stated that entire blocks of houses were booby-trapped and wired in preparation for urban confrontation with the IDF.[176] Hamas has sent messages to Israeli citizens' mobile phones, warning "rockets on all cities, shelters will not protect you."[177] BBC News quoted Hamas run media sources saying that Hamas captured two IDF soldiers during the ground offensive,[178] though the Israeli army has declared this to be an attempt at spreading demoralising disinformation.[179]

Internecine fighting

Israeli internal security chief, Yuval Diskin has alleged that Hamas had executed 70 Fatah supporters accused of collaborating with Israel,[180] but the Haaretz said that it was "impossible to verify the numbers or identities of dead". The New York Times cites reports of Hamas executing suspected "collaborateurs".[181] An unnamed Fatah official in Ramallah alleged that Hamas had placed members of Fatah under house arrest.[182] According to the Los Angeles Times, Hamas is arresting those it suspects of membership in Fatah, and subjecting them to beatings and leg-shootings.[183] According to the Jerusalem Post, an unnamed Fatah official alleged that in the first week of the conflict, 75 Fatah activists had been shot in the legs by Hamas, while others had their hands broken.[184]

Attacks on Israel from outside Gaza

In addition to the rockets fired from Gaza, Israel has also experienced other attacks from outside of Gaza. To date, no parties have claimed responsibility for these attacks.

From Lebanon

On January 8, 2009, three Katyusha type rockets were fired at the northern Israeli city of Nahariyya from Lebanon, injuring two Israeli civilians in a Retirement home. IDF returned fire at the launch sites. No party has claimed responsibility for this attack.[185] Hezbollah promised to undertake an investigation[186][187][188][189][190]. The attack was condemned by the Lebanese government,[191] which arrested seven individuals suspected of involvement.

On January 14, 2009, at least three Katyusha rockets were fired at Israeli towns from within Lebanon, sending civilians in the Golan and Galilee regions into shelters, and prompting IDF artillery response aimed at the rocket launchers.[192] No casualties were reported and no responsibility for the attack was claimed.[193]

From Syria

On January 11, Israeli soldiers performing engineering work in the Golan Heights came under fire from unidentified gunmen from the Syrian-controlled parts of the Golan.[194] There were no casualties in this incident.

From Jordan

On January 13, an Israeli army patrol on the Jordanian border was fired upon by unknown gunmen from the Jordanian side of the border.[195] There were no casualties in this incident.

Incidents

Incidents in the 2008–2009 Israel–Gaza conflict include the following:

  • Dignity: On December 29, 2008, the Israeli navy confronted Dignity, a Free Gaza Movement sailboat carrying medical aid, and prevented it from reaching the Gaza Strip.[75] The boat's passengers alleged that their boat was "rammed" and shot at by Israeli vessels, while Israel, though confirming that there was "physical contact" with boat, denied the allegation.[196]
  • 2009 Ibrahim al-Maqadna Mosque strike: On January 3, 2009, the IDF attacked the Ibrahim al-Maqadna mosque holding 200 worshipers, killing 12 people, including 6 children.[197] Israel has previously accused Hamas militants of hiding in mosques.[140]
  • al-Fakhura school incident: On January 6, 2009, Israel struck a UNRWA run school holding 400 Palestinians, killing 40 civilians. A preliminary IDF investigation concluded that the school was hit by a stray tank mortar while shelling a team that had been launching Qassam rockets from a yard adjacent to the school.[198] The UN had previously stated that no militants were inside the school.[199]
  • Zeitoun incident: Gazans, speaking to the UN and other news sources, claimed that on January 5, Israeli troops ordered nearly 100 Palestinians of the Samouni family[200] into a building it was 24 hours later allegedly to shell, killing 30 people and wounding many more.[201] The IDF said no Israeli troops were present at the time of the event.[202]
  • UN Headquarters: On January 15, the IDF shelling of the UN headquarters in Gaza, allegedly with white phosphorus, destroyed hundreds of tons food and fuel,[203] drawing condemnation from European countries.[204] UNRWA dismissed the Israeli claim that Hamas fired from the site and Israel called its attack a "grave error".[205]
  • On January 16, Dr. Ezzeldeen Abu al-Aish, an Israeli-trained doctor of Gaza, and regular figure on Israel’s Channel 10 where he reported on the medical crisis, broke down when contacted for his nightly report by informing viewers that he had just lost three daughters and a niece to a IDF tank shell that hit his home, prompting numerous calls of concern to the station from people who know him. Two surviving daughters were transported for treatment of their wounds to Tel Ha-Shomer Hospital in Tel Aviv.[206][207]
  • Israeli tank fire hit a school run by UNRWA, sheltering 1,600 people, in the northern town of Beit Lahiya on January 17. Two children were killed, and 14 people were wounded. It was the fourth time an UNRWA school had been hit by Israeli fire in 22 days of fighting. [208][209]

Ceasefire

On 17 January, Israeli officials announced a unilateral ceasefire, without an agreement with Hamas. In a press conference, Israeli Prime Minister Ehud Olmert declared a unilateral ceasefire effective that night at 2400 GMT.[210] The unilateral ceasefire was first suggested by Livni and consists of two phases worked out by Ehud Barak: "First a cease-fire is declared. If Hamas stops firing rockets then Israel pulls its forces out of the Gaza Strip. If rocket fire resumes then the IDF goes back in, this time with the international backing gained by having tried a truce."[211][212] Olmert declared the military objectives met,[211] and explained, "Hamas in Gaza was built by Iran as a foundation for power, and is backed through funding, through training and through the provision of advanced weapons. Iran, which strives for regional hegemony, tried to replicate the methods used by Hizbullah in Lebanon in the Gaza Strip as well. Iran and Hamas mistook the restraint Israel exercised as weakness. They were mistaken. They were surprised." [213]

Hamas initially "vowed to fight on",[214] and responded that any continued Israeli presence in Gaza would be regarded as an act of war. Farzi Barhoum, a Hamas spokesman, said before the ceasefire began, "The occupier must halt his fire immediately and withdraw from our land and lift his blockade and open all crossings and we will not accept any one Zionist soldier on our land, regardless of the price that it costs."[215] Palestinian militants resumed rocket fire at Israeli communities the following Sunday morning, four of the supposed six fired landed in or near the town of Sderot.[216][217] The Israeli military returned fire and carried out an air strike against the rocket launching squad in the northern Gaza Strip.[218][219] Some sources place the degradation of Hama's strength in its military core around 10-15%[220]

On Sunday afternoon, Hamas, Islamic Jihad and other paramilitias stated they will stop launching rockets into Israel for one week, demanding the withdrawal of Israeli military within this period.[221][222][223]

Casualties

Note: Data does not distinguish between combatants and non-combatants

Gazans

According to Palestinian Ministry of Health and UN figures as of January 12, 1,024 Palestinians have been killed and 3,860 have been injured.[224][33]

Civilian

Of those killed, at least 670 have been reported as civilians[225] and among them are: 4 UN[226] and 13 medical workers,[33][227] 4 journalists,[31] 270 (B'Tselem) to 311 (Palestinian Health Ministry) children,[228][33][229] 78 women, and 97 elderly people.[33] Of the 4,250 injured: 1,497 are children, 626 are women, and 30 are medical workers.[33][230][231]

Ayman al-Kurd, a former member of the Palestine national football team was killed by Israeli shelling.[232]

Combatants

Israel claimed most of the deaths during phase one were members of Hamas security forces.[233][234] Israel said it takes careful steps to avoid harm to bystanders.[235] In a press conference in Gaza City on December 29, a de facto Hamas Interior Ministry spokesperson, Ihab al-Ghusein, stated that most of the victims of the attacks were "Gazans at work, not activists launching rockets."[236] A police spokesperson, Islam Shahwan, stated that "at least 95% of the security services buildings" were destroyed, and that 138 police officers had been killed: nine in Rafah, 29 in Khan Younis, 70 in Gaza City and 30 "in the north."[236] According to the New York Times, not all Hamas members necessarily fully accept the organisation's ideology; young men might be simply tempted by the steady work of the police force as jobs are scarce in Gaza due to an international embargo on Hamas.[237]

Israeli military sources claim to have killed 400 to 650 Hamas and other Palestinian militants during the operation.[238] Israeli military officials and Palestinian residents have both observed that due to the fact that many Hamas militants fight without uniforms, and are more likely to be tended by Hamas personnel than civilian hospitals in Gaza if wounded or killed, it is difficult at this time to verify the number of militant dead.[239] Israel also claims it has captured 120 Hamas gunmen.[240]

Several prominent members of Hamas and its military wing have been killed during the offensive, including Chief of Gaza Police Tawfiq Jabber,[120] Interior Minister Said Seyam, top religious cleric Nizar Rayyan, and head of the General Security Service Salah Abu Shrakh.[241] Hamas gunmen publicly executed several suspected collaborators with Israel and Fatah members.[242][243][244][245] Israeli and Fatah sources reported that in all between 40 and 80 Palestinians were executed and 75 wounded by Hamas.[246][247]

Hamas said on January 4, that 10 of its fighters had been killed.[248], but this number is being disputed by Israel. Islamic Jihad also confirmed on January 14, that two of it's fighters had been killed during fighting near the former settlement of Nitzarim.[249] The death of Wajih Mushtahi, a member of Palestine's Olympic team, was announced by Islamic Jihad, who said he was one of their fighters and had died in combat.[232]

Israeli

On the Israeli side, three civilians and one soldier have been killed by rocket attacks since the Gaza offensive began.[234][250] Nine soldiers have been killed in fighting in Gaza itself,[248] of which four were killed by friendly tank fire.[251][252] 98 soldiers were injured during Israel's ground offensive by January 9.[248]

Other

One Egyptian border guard was killed and one was wounded by Hamas gunmen on December 28.[5] In addition, two border guards and two Egyptian children were wounded by shrapnel from an Israeli air strike targeting Hamas tunnels on the border on January 11.[253] Among the civilians killed in the Gaza Strip were also two foreigners, a Ukrainian woman and her child.[254] At least one militant that has been killed by the IDF has been confirmed to be a foreigner, and has been identified as Abu Mohammed al-Marri from Saudi Arabia.[255]

Warnings

According to the Israeli government and the UN, there were widespread warnings of attacks in the form of telephone calls or leaflets dropped by the IDF to the people of Gaza.[256][257] In an attempt to reduce civilian casualties, Israel has employed what the IDF has named "roof knocking". Before a target is bombed, the building in question receives a telephone call in Arabic warning to evacuate the building. The procedure, which was used in the assassination of Nizar Rayan,[258][259] has been described as a form of "psychological warfare" by the Palestinian Centre for Human Rights.

Following warnings, Hamas has asked residents to gather on rooftops in order to keep buildings from being bombed. The IAF has countered this tactic by firing dummy missiles designed specifically not to explode onto buildings in order to scare the residents into leaving, after which they can destroy the buildings.[260][257]

In addition, Israel warns civilian residents in areas where military operation is being escalated by dropping leaflets that read, "The IDF is not working against the people of Gaza but against Hamas and the terrorists only. Stay safe by following our orders." [261]The UN reported that in some cases the strikes occurred only five minutes after the flee call.[262] Given the high population density in Gaza and the proximity between their homes, this has caused "considerable" panic and uncertainty among residents. Both Amnesty International and the United Nations report that in the densely populated areas of Gaza there are no "safe" places for civilians.[263][264][265]

Effects

Gaza humanitarian crisis

The United Nations Office for the Coordination of Humanitarian Affairs states that the Gaza strip humanitarian crisis is significant and should not be understated.[262] The UN states that the situation is a "human dignity crisis" in the Gaza strip, entailing "a massive destruction of livelihoods and a significant deterioration of infrastructure and basic services". Fear and panic are widespread; 80 percent of the population cannot support themselves and are dependent on humanitarian assistance.[262] The International Red Cross said the situation was "intolerable" and a "full blown humanitarian crisis."[266]

On January 3, prior to the IDF ground operation, Israel's foreign minister Tzipi Livni stated that Israel had taken care to protect the civilian population of Gaza, and that it had kept the humanitarian situation "completely as it should be",[267][268] maintaining Israel's earlier stance.[269][270][271] The head of the Arab League, Amr Moussa, criticised Livni for the statement and further criticised the Security Council for not responding faster to the crisis.[268] On subsequent reports, the UN stated that "only an immediate cease-fire will be able to address the large-scale humanitarian and protection crisis that faces the people of Gaza".[272]

The Israeli shekel is a widely used currency in the Gaza Strip, and the territory needs at least 400 million shekels, or about $100 million each month in new currency to replace aging notes and to pay salaries.[273] Since December 24, the ban on the entry of banknotes into Gaza has hampered several humanitarian programs run by the UNRWA, the largest humanitarian assistance provider in the Gaza Strip.[262][257] As of the 13th of January, the eighteenth day of the attacks, cash has still not entered the Gaza Strip and is urgently needed, including for the UNRWA cash distribution program to some 94,000 dependent beneficiaries, as well as for its "cash for work" program; salaries for its staff and payments to suppliers.[262][274][275][276][264][277][278]

Shelter

Map of Gaza Strip indicating location of 41 emergency shelters set up by UNRWA (as of January 13) to house 37,937 Internally displaced Palestinians

The UN described the situation as a "critical protection crisis".[264] The entire civilian population in the Gaza strip remains vulnerable, the UN reports, with no safe haven, no bomb shelters and with closed borders, making it one of the rare conflicts where civilians have no place to flee.[279][264] There is a sense of "panic, fear and distress" throughout the whole strip.[262][279] Civilians have implemented a self-imposed curfew since no public warning systems or effective shelters exist.[279] People have been evacuating their homes and staying in streets for long hours exposed to further danger, or staying with relatives.[257] Civilians face insecurities while re-stocking basic food items, water and cooking gas.[279] Children, 56% of the population, have no outlets and they remain "dangerously exposed" to the fighting around them.[264][279]

The Palestinian Red Cross estimates that thousands of homes have been damaged and it became "increasingly difficult" for their residents to stay in them due to the cold weather.[275] The UNRWA has prepared its schools to act as temporary shelters for displaced persons.[257] As reported by both the Save the Children Alliance and the Al Mezan Center, prior to the IDF ground operation on January 3, more than 13,000 people (2000 families) have been displaced in the strip.[275] The majority of those families seek shelter with relatives while others are staying at the temporary emergency shelters provided by the UNRWA.[275] As of the thirteenth of day the Israeli military operation, 21,200 displaced Palestinian people were staying at these shelters.[280][277] By the third week of the attacks, this number has increased by 14,300 refugees, reaching 35,520 Palestinians staying under the UNRWA shelters.[278] In the same period, Al Mezan Center also estimated that a total of 80,000-90,000 Palestinians have been displaced, including up to 50,000 children.[272]

Energy

The only power plant in Gaza is not operational due to the lack of industrial fuel and spare parts.[279][262] As of January 1, power outages last 16 hours per day.[279][262][257] Due to localised damage following the airstrikes, some electrical lines have been cut, causing some areas to suffer from power cuts lasting 24 hours.[279][262] In addition, due to the damage caused by the air strikes to 15 electrical transformers, as many as 250,000 people in central and northern Gaza have no electricity supply during the entire day and night.[262] On the first of January, a 5MW line from Egypt to Rafah was damaged, extending the power cuts to Rafah, which usually has a continuous supply.[262] Fuel for heating and cooking are no longer available and most of the 240 gas stations in Gaza City have been closed.[262]

As of January 4, there's almost total blackout in Gaza City, North Gaza, Middle Area and Khan Yunis.[275] 90% of the telephone network, including both cellular service and land lines, is down, since it depends on backup generators with dwindling fuel stocks.[281][275] Since the Israeli ground operation, 75% of Gaza's electricity has been cut off and the Palestinian technicians face difficulties reaching damaged lines because of the military attacks.[276] As of January 7, much of the population of the Gaza Strip continues to live without electricity.[264] By 14 January, the nineteenth day of the attacks, most households still do not have any electricity.[282]

Water

Since November 5, there has been a shortage of chlorine for water treatment due to Israeli blockades, increasing the risk of outbreak of water diseases.[257] On December 27, Israeli airstrikes extensively damaged two water wells, rendering a population of 30,000 Palestinians without water.[257] Since Wednesday December 31, sewage and water systems in Beit Hanoun were hit at five locations causing considerable damage to the main sewage pipeline leading to sewage water pouring into the streets.[279][262] On January 2, airstrikes in the al-Mughraqa area damaged a main drinking water pipe, cutting off water supplies to 30,000 people in Nuseirat Camp.[274] The UN sums the situation that as of January 2, 250,000 people in Gaza City and northern Gaza are without water supply; seven water wells were seriously damaged and cannot be repaired due to bombardments.[262] According to the World Health Organization guidelines, 80% of drinking water in Gaza is not currently safe for human consumption.[278]

As of the fourth of January, and as reported by the Palestinian Coastal Municipality Water Utility (CMWU) throughout the UN reports, 70% of the Gaza strip 1.5 million population have no access to water.[275] The CMWU also fears that continued shelling near the Beit Lahiya sewage lagoon will cause a massive sewage overflow. In addition to agricultural areas, up to 15,000 people are directly at risk.[262][275] As of the fifth of January, over 530,000 Palestinians are entirely cut off from running water and the rest are receiving water only every few days.[276] This situation lasts in the third week of the attacks where 500,000 Palestinians still have no access to running water, another 500,000 receive water for four to six hours only every five to seven days, and the rest receive water for four to six hours every two or three days. [272][282]

Health

Weakened by the eighteen-month Blockade of the Gaza Strip, as of December 31 the central drug store reported that 105 drugs and 255 medical supplies of the essential drug and supplies list are still unavailable, and approximately 20 percent of the ambulances were grounded due to lack of spare parts.[257] Ambulances are experiencing difficulties in reaching the injured because of continuous fire.[275] Hospitals reporting severe gas shortages expect total depletion in the coming days. As a result of shortages, the WFP distributed canned meat and high energy biscuits.[262][283] and Gazan Arabs have crossed into Israel (to Ashkelon's Barzilai Hospital[284] of whom some have returned[285]) and Egypt for treatment.[286] Although the World Health Organisation reported at least 1,000 medical machines out of order and shortage of equipment and spare parts, the Palestinian MoH reported that the situation on January 2, while extremely precarious, has stabilized after the arrival of medical supplies.[262]

From January 4, all of Gaza City hospitals were without main electricity, depending on back-up generators that were close to collapse.[275] From January 4 to 5, UNRWA was forced to shut down 19 health centers due to hostilities in the area,[275][276] and Ministry of Health closed down generators at ambulance stations, vaccine stores, labs and warehouses due to the lack of fuel until more was delivered.[276] There exists an urgent need for strong pain killers, body gas, bed sheets for wrapping the dead, and for neuro-, vascular-, orthopedic- and open heart surgeons.[276] Collateral damage to hospitals was not being repaired. The Palestinian Red Cross was unable to respond to many calls due to the military operations.[276] Only urgent cases and surgery is being carried out in hospitals and all out-patient clinics are closed,[280] 70% of chronic disease patients regularly attending primary health care centers had to interrupt their treatment due to the security situation.[272] A psychiatrist, who is the head of Gaza's mental health program, has estimated that nearly half of the population will suffer from post-traumatic stress disorder.[287]

Medical facilities involved in the fighting

The Israel-based Intelligence and Terrorism Information Center claims that, around the start of the conflict, the Hamas police force operations room in the northern Gaza moved into the Kamal Adwan hospital.[288] On December 31, 2008, Israel Security Agency head Yuval Diskin told the government cabinet that he believed that Hamas militants have taken shelter in various Gaza hospitals.[288] On January 11, a senior IDF officer accused Hamas gunmen of hiding inside Red Crescent ambulances in order to break the IDF battle line separating northern and southern Gaza.[289]

On January 12, Israeli Public Security Minister accused Hamas militants of hiding in Gaza's Shifa Hospital, using the rooms to "hold meetings,"[290] and donning medics' uniforms.[290] UNRWA disputes the assertions,[290] and Shifa Hospital's Director accused the Israeli minister of lying in order to advance his political career,[291] though the hospital doesn't monitor who enters or exits the building.[291] On January 13, the PBS program "Wide Angle" reported that an anonymous doctor at Shifa stated that Hamas officials were hiding underneath the hospital building,[292] "putting civilians in harm’s way".[292] On January 14, Israel Ambassador to the United Nations Gabriela Shalev filed a formal complaint to the UN Secretary General, claiming the discovery of a war room under Shifa Hospital,[293] that Hamas used patients as human shields.[293]

Aid

Further information: Humanitarian aid during the 2008–2009 Israel–Gaza conflict
Map of countries giving emergency aid to Gaza in 2009.

On January 7, Israel agreed to a three-hour humanitarian truce, allowing supplies and fuel into Gaza.[159] The UN welcomed the move, but claimed that round the clock assistance was required to meet the population humanitarian needs.[264] The Human Rights Council expressed a similar position.[294] The International Red Cross, United Nations and aid workers have reported intolerable conditions and a deepening humanitarian crisis in Gaza.[295] The Red Cross has accused the Israeli military of failing "to meet its obligation under international humanitarian law."[296]

On January 9, the UN resumed aid work, after receiving assurances from Israel that its workers will no longer be targeted.[164][297] As of January 14, 2009, close to 900 trucks (including 20,000 tons of basic foods and medical supplies) have been delivered to Gaza.[298]Addressing the aid situation on January 7, Save the Children stated that, "The small amount of aid allowed in, while better than nothing, is a pitiful gesture in the face of such an overwhelming humanitarian crisis," noting that insufficient amounts of food, fuel and medical supplies were delivered.[299] The UN has also stated that the aid delivered is insufficient to address the chronic humanitarian crisis given the "scale of the attacks".[300]

Israel alleges that Hamas has stolen humanitarian aid, and used or sold it.[301][302] and a UNRWA spokesman confirmed certain instances, but said his own organization had "never been touched".[303]

Several countries have pledged aid after the offensive on Gaza began, promising financial support and humanitarian assistance (see map). Aid delivering international organizations include the European Union,[304] UNRWA, the Red Cross, the Red Crescent, the Red Star of David,[305] and the World Food Programme.[306]

Israel plans to open a field hospital on Sunday (January 18 2009) to treat residents of Gaza wounded in fighting between the IDF and various terrorist groups. The hospital will open on the Israeli side of the Erez crossing and will be staffed by Magen David Adom (MDA) workers and volunteer doctors. Patients with serious injuries will be sent onwards to Israeli hospitals if necessary. Several Gaza citizens wounded during the fighting have already been taken to Israeli hospitals.[307]

Israel

According to The Economist, Israelis ascribed their low civilian casualties to their reinforced concrete shelters and to an orderly public response to the Home Command’s instructions.[308] Hamas Grad rockets' range of 40 km puts more than 700,000 Israelis within range,[309] and 40% of the residents of Ashkelon (a city within such range) have fled the city to central and northern Israel,[310] despite official calls to stay.[311] The BBC reports that the current conflict has increased tensions between Israel's Arab minority and Jewish majority, with some Israeli lawyers claiming that civil liberties are being infringed.[312]

Beginning December 27, schools and universities in southern Israel closed due to rocket threats.[313] Hamas rockets have landed on Israeli educational facilities several times (such as empty schools in Beersheba[314][315]) from 2008 to 2009, with no casualties as of January 15, except for cases of shock.[316][317][318][319] Studies resumed starting January 11 only in schools with bomb shelters,[320][321] with attendance at 25%.[322] Only schools with fortified classrooms and bomb shelters are allowed to bring in children.[323] Israeli Education Minister Yuli Tamir said she hoped a return to school would provide a little structure and routine in a time of great stress and uncertainty for the children.[324] The largest hospital on Israel's southern coast, Ashkelon's Barzilai Hospital, forced its critical treatment facilities into an underground shelter after a Gaza-fired rocket struck beside its helicopter pad on December 28, 2008.[325]

Foreigners

At the start of the conflict, more than a thousand foreigners were living in or near Gaza, including nationals from several Western nations, most of these Palestinian dual citizens and spouses of Palestinians.[326][327] As of January 8, diplomats estimated that some 400 foreign nationals from 22 countries remained in Gaza.[328] Agencies assisting in the evacuation of foreigners, including the Red Cross, stated that their efforts were hampered by the violence, by bureaucratic obstacles and by lack of coordination between Israel, the United Nations and host countries.[327] On January 4, New York City Mayor Michael Bloomberg was rushed into a bomb shelter as warning sirens sounded while he was visiting the Israeli city of Sderot.[329][330] On January 8, in Gaza city, a Ukrainian woman and her child were killed, while her other child was injured.[331][332] One of the militants killed was proven to be Saudi Arabian on January 15.[255]

The Israeli offensive "has prompted a wave of reprisal attacks against Jewish targets in Europe".[333] In the United Kingdom a synagogue in northwest London was firebombed. A senior police source said: “The situation in Gaza has heightened concern for the whole Jewish community - not just high-profile people, but everyone.”[334] In France, synagogues in Toulouse, Paris and Strasbourg and a Kosher restaurant have been firebombed.[335][336] In Denmark, a Palestinian-Lebanese assailant allegedly opened fire on two Israelis, injuring them; Danish police suspect the incident was motivated by the Gaza crisis.[337] In Sweden, A Jewish burial home in Malmö and a Jewish center in Helsingborg were targets of arson attacks.[338] In Venezuela, Jewish schools were closed for several days due to concern that they would attract anti-Israel demonstrations.[339] In Yemen, Jews have been targeted because of Israel's offensive. The Yemenite government is planning to relocate some Jews to protect them from revenge attacks.[340]

Media

Foreign press access to Gaza has been limited since November 2008 via either Egypt or Israel. On 29 December 2008, the Israeli Supreme Court ordered that journalists be allowed into Gaza whenever the crossings were opened, but the IDF refused to comply. There have been arrests of journalists due to violations of wartime censorship in Israel, and these have been denounced by international press organizations.Media infrastructure, including Al-Aqsa TV transmission equipment and foreign and local press offices, where hit during the conflict. Media relations also played an important role, with the use of new media on the part of Israel, as well as a clear public relations campaing.

Reactions

Reaction to the conflict came from many countries and international organisations notable in the level of civilian demonstrations all around the world against Israel's actions in Gaza; some protests supported Israel. Many protesters disagreed with their governments' official position on the conflict.[341][342][343]

International reaction to the 2008–2009 Israel–Gaza conflict
  Israel-Gaza
  States that have endorsed the Israeli position or condemned only Hamas.
  States that have condemned the Israeli action; most of them do not condemn Hamas.
  States that have neutrally called for halt of the hostilities on both sides.
  States with no reported position at present.

International law

Under international law warring parties are obliged to distinguish between combatants and civilians, ensure that attacks on legitimate military targets are proportional, and guarantee that the military advantage of such attacks outweigh the possible harm done to civilians. Violations of these laws are considered war crimes.[344]

Also under international law occupying powers have certain responsibilities to those under occupation.[345] Israel asserts that it ended its occupation of Gaza when it disengaged from the coastal strip in 2005.[346][347] However, the UNRWA and Human Rights Watch disagree and consider Israel an occupying power.[348][349]

Israel

On December 27, the United Nations Human Rights Council[350] released a statement by Richard Falk, professor emeritus of international law at Princeton University and United Nations Special Rapporteur on "the situation of human rights in the Palestinian territories",[351] in his official capacity as Special Rapporteur. The statement described the Israeli airstrikes as "severe and massive violations of international humanitarian law as defined in the Geneva Conventions, both in regard to the obligations of an Occupying Power and in the requirements of the laws of war."[352] In a Houston Chronicle article Falk wrote that he had "called on the International Criminal Court" to investigate Israeli leaders responsible for possible violations of international criminal law.[353]

The UNHRC statement alleges three violations: “collective punishment” of all 1.5 million people in the Gaza Strip in response to the actions of a few; ”targeting of civilians” by carrying out air strikes in “the most densely populated area of the Middle East"; and ”disproportionate military response” in that Israeli’ attacks have "destroyed every police and security office of Gaza's elected government," and "killed and injured hundreds of civilians."[352]

Israel's response is that its military action (use of force) in Gaza constitutes acts of self-defense rather than being reprisals or punishment. [354] Justus Weiner and Avi Bell of the Jerusalem Center for Public Affairs state that Israel's actions do not fall under the legal definition of collective punishment, because it has not imposed any criminal-type penalties, and there is no precedent for prosecuting collective punishment in circumstances such as these. They defend the proportionality of the Israeli attacks on the grounds that targeting of military installations is not a violation, even if attacks cause collateral damage to civilians, and that attacks were not intended to cause excessive civilian damage, even if Israel erred in its estimates.[355]

Deliberations by the IDF during the conflict resulted in a decision that striking homes that may be used to store weapons when "sufficient warning" is given to the residents falls within the boundaries of international law and is therefore legitimate.[356]

Attorney General of Israel Menachem Mazuz said on January 11 that the Israeli legal system is ready for wave of international lawsuits over Israeli offensive in Gaza.[357] Mazuz further stressed that Military Advocate General participates with the approval of all military attack goals, but the decision to perform the attack is by the military: "The IDF has its own version for everything, and it performs investigations. […] It is clear to everybody what is allowed and what is forbidden, but accidents do happen."[358]

Louis Michel, the EU Aid Commissioner, said on January 13 that Israel's military strikes in the Gaza Strip were "totally disproportionate" and that established experts in the field acknowledged and denounced Israel's lack of respect for international humanitarian law. Michel also said that, "The first obligation is that an occupying power has the obligation to preserve the life of populations, to protect them, to nourish them and to care for them. That is manifestly not the case here."[359]

President Mahmoud Abbas stated he was considering taking Israel to international courts after Israeli tank shells killed 42 Palestinians seeking shelter in a U.N. school.[360] Raji Sourani, head of the Palestinian Center for Human Rights (PCHR) in Gaza stated that "The repeated bombing of clearly marked civilian buildings, where civilians were sheltering, crosses several red lines in regard to international law."[361]

When, after several days' delay, a team of the International Committee of the Red Cross was allowed access by Israel to parts of Gaza on January 7, the team expressed "shock" at the deplorable conditions found in areas of Israeli operation. The Red Cross stated that "the Israeli military failed to meet its obligation under international humanitarian law to care for and evacuate the wounded."[362] It found instances of starvation, along with chronic illness, within 80 meters of Israeli soldiers' positions.[362] The ICRC has concluded that the Israeli military must have been aware of the situation but neither assisted the wounded nor allowed the ICRC or the Palestine Red Crescent to do so.[363][364]

On January 7, Amnesty International accused both the Israeli Defence Forces and Palestinian gunmen of using Palestinian civilians as human shields. It accused Israeli soldiers of taking positions in Palestinian residential areas, forcing families to stay inside the building while the soldiers use the house as a military base and sniper position. This, the group said, increased the risk of attack on the Palestinian families concerned, effectively being used as human shields.[365][366]

Palestinians

The BBC reported on January 5 that "Witnesses and analysts confirm that Hamas fires rockets from within populated civilian areas, and all sides agree that the movement flagrantly violates international law by targeting civilians with its rockets."[26]

Israel argues that Hamas blurs the line between civilians and combatants, and is therefore responsible for civilian deaths in Gaza. The Israeli Ministry of Foreign Affairs alleges that Hamas' alleged use of "human shields" and "operational use of heavily built-up and densely populated civilian areas" violates Article 8(2)(b)(xxiii) of the Rome Statute. This statute defines as a war crime the act of "Utilizing the presence of a civilian […] to render certain points, areas or military forces immune from military operations." It also defines Palestinian attacks as terrorist in nature, because they kill civilians in order to "sow terror" within the broader civilian population. This would constitute violation of the Laws of Armed Conflict, as outlined in Article 51(2) of Additional Protocol I to the Geneva Conventions of 1949.[367]

In 2007 exiled Hamas political chief Khaled Mashaal, called recent rockets attacks on Israel "self defense."[368] Hamas leaders “argue that rocket attacks on Israel are the only way to counter Israel's policies and operations, including artillery strikes. But Human Rights Watch has said that, "Such justifications do not overcome the illegality of the attacks under international humanitarian law."[369]

The New York Times quotes a study about to be published by the Israel-based Intelligence and Terrorism Information Center, an independent research group that has close ties to the Israeli military establishment, saying that Hamas has methodically built its military infrastructure in the heart of population centers. According to the study, Hamas not only hides among the population, but has made a main component of its combat strategy “channeling” the army into the most densely populated areas to fight.[370]

In a January 13 story, a Hamas militant who was willing to be anonymously interviewed by The New York Times reporters stated that “I’m a civilian, and I’m a fighter". He claimed that the small and enclosed nature of the Gaza strip meant that he had nowhere to stay except in civilian areas, saying that “Where do we go... There are no other places.” He also claimed that most Palestinian residents accept and shelter Hamas militants who hide amongst them.[371] The New York Times stated on January 10 that "Unwilling to take Israel’s bait and come into the open, Hamas militants are fighting in civilian clothes; even the police have been ordered to take off their uniforms."[260]

Israel claims to have found a map, which, it argues, shows "'the deployment of explosives and Hamas forces' in the Al-Attara neighborhood in northern Gaza." This map allegedly shows that Hamas has placed many explosives and firing positions in residential areas, several mosques, and even next to a gas station. Israel concedes these are designed to kill Israeli soldiers, but says that they put the local population in extreme danger.[372]

The house of Muhammed Barud, a senior member of the Popular Resistance Committees, was attacked on December 30. Secondary explosions indicated the home's dual-purpose as a weapons storehouse. Nizar Rayyan and his family were killed during the attack. Israel alleges that their presence was designed to ward off Israeli attack. It pointed Arab media reports that civilians had, back in 2006, taken shifts serving as "human shields" of the Barud residence.[367]

Hamas continues to hold Israeli soldier Gilad Shalit. According to human rights group, B'Tselem holding Gilad Shalit hostage is a war crime, since "international humanitarian law" prohibits "hostage taking". B'Tselem also said that the denial of Red Cross visits to the prisoner was a "blatant violation of international law".[373]

Israel alleges that Hamas used the Jabaliya mosque to store ammunition, and fire rockets, as evidenced by a series of secondary explosions following its bombardment. It further states that, "the Hamas police force operations room in the northern Gaza Strip was moved to the Kamal Adwan hospital, and operatives of Hamas’s naval police were situated in a school in Khan Yunis."[367]

Banned weapons

Human Rights Watch and some news agencies have accused Israel of using white phosphorus munitions against Palestinian civilians, allegedly firing them into refugee camps.[374][375] Israel denied the use of white phosphorus in Gaza, according to a UN report of January 13th.[376]The use of white phosphorus bombs against civilians is banned under international law, but it is legal to use the substance in other conditions such as to illuminate areas during night.[377] The International Red Cross asked Israel in January 13 to exercise "extreme caution" but stated at the same time that it had no evidence of its illegal use against civilians.[377] On January 12, the Israeli-based human rights association B'Tselem demanded that the IDF stop all white phosphorus use.[378] Munir Albarsh, the Head of Emergency Medicine at Gaza’s Ministry of Health, has stated that the Ministry plans to demand an independent international investigation into the phosphorus use.[379]

The Third Protocol to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects prohibits white phosphorus in civilian areas under any circumstances, including during the presence of military forces hiding in civilian areas.[378] However, Israel did not sign the protocol.[378] The government of Israel maintains that it uses its weapons in complete accordance with international law.[380] It had initially “categorically denied” using phosphorus shells at all.[379]

The Israeli media reported that on January 14, Palestinian militants fired mortar shells containing phosphorus explosive into the Eshkol Regional Council area in Negev.[381][380] The council's security chief referred to the phosphorus use was "an escalation" in the type of explosives fired upon Israel.[381]

The Times Online carried out an investigation that "revealed that dozens of Palestinians in Gaza have sustained serious injuries from the substance, which burns at extremely high temperatures,"[382] and that the evidence that white phosphorus shells have been used is so compelling that the Israeli denial have increasingly lacked credibility.[383] On January 15 a UN aid agency accused Israel of firing white phosphorus shells at its compound, causing a destructive fire.[384]

Norwegian doctor and controversial political activist Mads Gilbert, treating casualties at the Shifa Hospital for the first weeks of the conflict, and a group of Italian scientists from the New Weapons Research Committee raise suspicions that Dense Inert Metal Explosive weapons are being used by Israel in the conflict.[375] These explosives have a small but very effective blast radius and can be used to reduce collateral damage. The IDF and Israeli weapons experts deny this claim.[375] The Iranian government channel Press TV claimed on 4 January, that evidence of depleted uranium exposure has been found in wounds of casualties of the conflict.[385]

See also

References

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External links

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