THE NEW US envoy to the United Nations has demanded that Israel investigate allegations of IDF war crimes committed in the Gaza Strip during Operation Cast Lead.
"We expect Israel will meet its international obligations to investigate and we also call upon all members of the international community to refrain from politicising these important issues," Ambassador Susan Rice told the UN Security Council. Rice also emphasised that there have "been numerous allegations made against Israel, some of which are deliberately designed to inflame."
 Various international NGOs and political organisations have already asked Israel to initiate a probe of events that occured during recent clashes in the Strip. Indeed, the IDF has been accused of committing a number of questionable acts, including firing white phosphorous shells and flechette darts, using Palestinians civilians as "human shields" and destroying civilian infrastructure.
Israel has denied the allegations, while accusing Hamas of stockpiling weapons in civilian infrastructure such as mosques and schools. The IDF also criticised Hamas for firing rockets at Israel from densely populated residential areas.
Joe Stork, deputy director of Human Right Watch's (HRW) Middle East and North Africa division, told The News that if weapons were stored in civilian structures such as a mosque, the site would be considered a legitimate military target. However, Stork clarified that any attack would have to factor in potential harm to civilians in the mosque or immediate vicinity. Stork also explained that his organisation had condemned the launching of Hamas rockets against Israeli civilians and considered it a war crime. According to Stork, rocket fire originating from a densely populated area violated the requirement to avoid harming civilians, specifically (in Gaza) by inviting retaliatory strikes.
"Firing rockets into civilian areas with the intent to harm and terrorise Israelis has no justification whatsoever, regardless of Israel's actions in Gaza," explained Stork in a previous official statement. "Civilians have far-and-away paid the greatest price in this conflict. An independent investigation is a necessary step for ensuring the justice and accountability that they deserve. The parties to the Gaza conflict have committed serious violations of the laws of war. The victims deserve nothing less than a legitimate and comprehensive impartial investigation that leads to full accountability and redress."
Kenneth Roth, executive director of Human Rights Watch, expressed similar concerns for civilians in an article entititled "The Incendiary IDF."
"Such unlawful endangering of civilian life in Gaza cannot be justified by Hamas' deliberate and indiscriminate attacks on Israeli cities and towns. Illegality by one side to a conflict does not excuse illegality by the other. And as should be obvious, it is hardly in Israel's interest to degrade international law protecting civilians. Of course Israel is entitled to defend itself from Hamas' rocket attacks, but when it does so in violation of its duty to spare civilians, and with so massive a civilian toll, public outrage is entirely predictable," wrote Roth.
Indeed, a recent HRW press release revealed that the NGO was investigating "allegations of serious violations of the laws of war" by both Israel and Hamas, including:
- Indiscriminate use of weapons such as heavy artillery in densely populated areas
- Using civilians as human shields or otherwise placing civilians at unnecessary risk
- Firing on or otherwise preventing ambulances and emergency medical care from reaching persons in need
- Firing rockets deliberately or indiscriminately into residential areas
- Targeting persons seeking to communicate their civilian status with white flags
- Targeting presumptively civilian installations such as police stations and government offices that were not legitimate military targets
However, Dan Kosky, the communications director of Jerusalem-based NGO Monitor, told The News that the legal rhetoric to describe alleged Israeli war crimes was often "simplistic and misleading."
"NGO's routinely accuse Israel of a 'disproportionate response' or 'collective punishment,' describing them as 'war crimes' as if it were a closed case," said Kosky. "They ignore the very complex legal issues over proportionality, the dilemmas of defining collective punishment and even omit the very basic fact that the killing of civilians in warfare is not illegal under international law."
Kosky also discussed various attempts to bring war crimes charges against Israeli military and political figures.
"Almost every case over the past few years has been submitted by an NGO, including those against Doron Almog, Moshe Ya'alon and Ariel Sharon in Belgium. What is important to understand is that none of these cases has ever been accepted by a foreign court. It is merely a PR exercise for these groups. They know that the likelihood of their complaint proving successful is extremely minimal, but they achieve their goals simply through the publicity that each case generates. Many of these groups view the law courts as another weapon in their efforts to demonise Israel," added Kosky.
In addition, Kosky noted that the US had experienced the complexities of asymmetric warfare and fighting terrorism in a way in which many Europeans have not.
"As a result, US political and military leaders such as Donald Rumsfeld and Tommy Franks have also been the targets of lawsuits. Perhaps this experience has resulted in a greater understanding of Israel's position on these issues," explained Kosky.
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