ISRAEL: Army publishes conclusions of Gaza investigations
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The Israel Defense Forces stated Wednesday that a series of comprehensive internal investigations concluded that the army ‘operated in accordance with international law’ and maintained a ‘high professional and moral level’ throughout the fighting in Gaza, in the face of an enemy who terrorized Israeli civilians as well as exploited its own as human shields.
The army concedes that mistakes and mishaps occurred that claimed innocent lives in Gaza, but says it did not find a single case in which an Israeli soldier deliberately shot a civilian. Deputy Chief of Staff Dan Harel said if any such cases were found, they would be dealt with severely.
Chief of Staff Gabi Ashkenazi had appointed five colonels to investigate five categories of incidents relating to soldiers’ conduct during the operation, known in Israel as ‘Operation Cast Lead.’ They examined numerous cases involving claims of targeting UN and other international facilities, targeting of medical facilities and personnel, incidents involving particularly high numbers of civilian casualties, use of weapons containing phosphorous and damage to infrastructure and destruction of buildings by ground forces.
Like many things involving the fighting, the numbers of victims had been a matter of dispute. Last month, the Israeli army had announced its position on that too, and stated that of the 1,166 Palestinians killed during the operation, 709 were Hamas operatives, 162 hadn’t been attributed to any organization, and 295 Palestinians -- roughly a quarter of all fatalities -- had been ‘uninvolved civilians.’
One of the ‘mistakes’ the army investigated was a case that occurred on Jan. 6th in the neighborhood of Zeitoun. Intelligence had provided information about a target that served as a weapons cache. The army’s standard warning by phone and other measures were taken at the right address, but the air force was given different coordinates. Twenty-one members of the a-Daiyha family were killed (read Muhammad a-Daiyah’s testimony here).
Concerning the phosphorous, the army has consistently maintained that all use of phosphorous munitions was in keeping with the law permitting certain military use. Still, it discontinued use relatively early due to criticism. Also consistently, Human Rights Watch charge Israel’s use of white phosphorous was indiscriminate, caused unnecessary suffering and death and constituted evidence of war crimes.
Allegations of war crimes have persisted since the fighting ended in January; the government has pledged its legal support to any officials or soldiers who might be charged abroad, and only today it was reported that Former Prime Minister Ehud Olmert and then-Foreign Minister Tzipi Livni may face war crime charges in Norway.
Israeli and foreign-rights organizations urge Israel to cooperate with Justice Richard Goldstone, appointed to lead the UN inquiry. Israel is not likely to treat him with the same contempt it did others such as Special Rapporteur Richard Falk, but it is not likely to cooperate, either.
Israel tends to be dismissive of allegations of its military’s misconduct when these come from others. Last month, a number of testimonies of soldiers published in the Haaretz daily necessitated a closer look, as these were claims of wrongdoing ‘from within.’ The military investigated and quickly concluded (too quickly, say some) that claims of misconduct were rumors.
Over the years, many in Israel have criticized the army’s practice of investigating itself and have repeatedly called for independent investigations. Defense Minister Ehud Barak said Wednesday that the investigations prove that the Israel Defense Forces is one of the world’s most moral armies and that it does not fear investigation, thus proving its morality. Expressing regret for innocent casualties, Barak said this was the sole responsibility of Hamas. But left-wing legislator Ilan Gilon said ‘calling the death of 295 civilians an ‘operational malfunction’ is a cynical perception of human life.’
The army says due to the matter’s importance, all findings also will be passed on to the Military Advocate General as well as the attorney general for further review.
-- Batsheva Sobelman