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The Boston Globe Online
________________________________________________
Israeli troops face criticism on civilian toll

By Charles M. Sennott, Globe Staff, 12/29/2002

RAMALLAH, West Bank - A 95-year-old Palestinian woman returning in a taxi
from a doctor's appointment Dec. 3 was stopped at a checkpoint here by an
Israeli soldier who, Palestinian witnesses said, smashed the windshield and
fired 17 bullets at the vehicle. One of the shots hit the woman's spine and
killed her.

On Dec. 12, five unarmed Palestinian men seeking work inside Israel were
trying to scale a Gaza border fence in the middle of the night. Believing
the men were militants on an operation, Israeli troops fired a tank shell
that killed all five.

When an Israeli tank unit near the West Bank town of Jenin blew a tread May
5, soldiers thought the loud bang was a bomb and opened fire at everything
around them. They killed a Palestinian mother and two young children who
were picking vegetables in a field.

These are three examples of what Palestinian and international human rights
groups estimate are as many as 1,200 cases of Palestinian civilian deaths
at the hands of Israeli soldiers in more than two years of fighting. Human
rights activists and military specialists say the high rate of civilian
casualties is the result of a military that has not properly investigated
civilian deaths and has created an atmosphere in which soldiers are not
held accountable.

''The lack of investigations into civilian deaths has given soldiers a
strong sense of impunity, that they can do pretty much whatever they want
without having to answer any questions,'' said Lior Yavne, a senior
investigator for the Israeli human rights group B'Tselem and author of a
report published in March that examined Israeli soldiers' actions during
the current Palestinian uprising.

The Israeli Defense Forces disputes such allegations. Captain Sharon
Feingold, an IDF spokeswoman, said ''every civilian death is a tragedy and
we express deep sorrow.'' But the military has begun a reexamination of its
operations in densely populated areas.

Israeli officials also point out that while the IDF has made
''regrettable'' mistakes in taking civilian lives, it has done so fighting
a war against an enemy - militant groups such as Hamas and Islamic Jihad
and a Palestinian ''infrastructure'' that supports them - that
intentionally targets civilians. IDF figures last tallied on Friday
estimate that 479 Israeli civilians have been killed, mostly through
suicide bombings and roadside shootings.

Palestinian leader Yasser Arafat has repeatedly condemned the bombings and
the targeting of Israeli civilians by the militant groups, although Israel
contends he has not taken steps to curb the attacks. In an interview this
month, he said the Israeli military rationalization for the deaths of
Palestinian civilians reflected a view in Israel that ''all Palestiniansare
terrorists.''

A hallmark of this intifadah, or Palestinian uprising against occupation,
has been a dangerous blurring of lines between civilians and combatants and
both sides have exacted heavy civilian deaths and injuries since the
uprising began Sept. 29, 2000. Indeed, civilian casualties have presented a
moral quagmire for standing armies throughout recent history - from the
French in Algeria to the British in Northern Ireland and the United States
in Afghanistan.

But in recent months Israeli human rights groups, leading Israeli
newspapers, and even retired high-ranking officers have denounced the
number of Palestinian civilian deaths in the West Bank and Gaza and
contended that the IDF has not fully investigated them.

A review of the IDF internal investigations into the killing of Palestinian
civilians reveals that only a small fraction of the cases are given a full
military inquiry. In two years, only 30 cases of ''violations of procedure
regarding shooting'' have resulted in a full military police investigation,
and only five have resulted in indictments before military courts for
wrongdoing, according to IDF officials. To date, none of the cases has
resulted in a conviction.

The IDF points out that there are field inquiries that can result in
disciplinary measures by senior commanders for violations of procedure, but
that these cases are handled on a brigade and unit level. ''It is very
difficult for us to know what is there,'' said one military spokesman.

General Amnon Strashnov, who was the Israeli military attorney general
during the first intifadah in 1987 and until recently a judge in the
Israeli civilian judicial system, made a rare public criticism of the
military, saying that the current IDF attorney general ''should show more
initiative'' in investigating Palestinian civilian deaths.

''All the immoral and illegal deeds done in the checkpoints, the abuse
against Palestinians and the holding of ambulances deserve strong
condemnation and criticism,'' Strashnov told the newspaper Yediot Ahranot
in an interview published Friday. ''There is a need for deeper
investigations. When kids are killed by a tank there has to be a deep and
thorough investigation.''

In a lead editorial on Dec. 5, the Israeli newspaper Ha'aretz, wrote of the
''proliferation of cases of innocent people killed'' and cited the IDF's
easing of its own rules of engagement during complex military missions in
which soldiers search for wanted people in densely populated Palestinian
cities and towns.

Israeli military officials say they have been reexamining the tactics used
by soldiers. Chief of Staff Moshe Ya'alon held a meeting with IDF brass on
Dec. 8 to ''improve urban fighting in a way that will avoid putting
civilians in harm's way,'' according to an IDF press statement.

But some top military officials are worried that the IDF's image is being
tarnished by the high number of civilian casualties. They also express
concern that in an effort to keep Israel from calling up more reservists
the IDF has put too much pressure on its army, leaving troops exhausted and
more prone to making poor battlefield decisions.

Major General Uzi Lev-Tzur, who serves as the commissioner for a Soldiers'
Complaint Board, reported in a Dec. 2 letter to the IDF that ''soldiers
suffer from a severe lack of sleep and do not go on leave enough, causing
serious exhaustion that could even result in accidents and operational
blunders because of overtiredness.''

A military attache to a Western embassy in Tel Aviv, who has had a long,
distinguished military career and directed several military inquiries in
his own country, said that the Israeli military's system of investigating
non-Israeli deaths was ''shallow and inadequate by the standards of any
professional military.''

''The main problem is that the soldiers are not held accountable for their
actions,'' the attache said, speaking on condition of anonymity.
''Ammunition expenditures, for example, are not thoroughly checked. The
system through which field reports make their way to the higher levels for
scrutiny is badly flawed. It is a real issue right now for the Israeli
military, and senior military commanders - some of this country's finest
soldiers - are well aware of how this problem is undermining the reputation
of the military.''

Asked specifically about the investigations into the death of the
95-year-old woman, Feingold said, ''You want answers too quickly.''

When asked about other cases - some dating back as much as a year ago with
none of them resulting in a full inquiry - she added: ''We have a very hard
time investigating because of the situation, that is sometimes true. We
cannot substantiate allegations without the collaboration of the
Palestinian side.''

When asked about the case of the woman and her two young children who were
killed by the IDF tank fire, Jacob Dallal, another IDF spokesman, said
''that was looked into. The procedure is to shoot in the area of where the
device exploded.''

But when told that IDF found only a blown tank tread, Dallal added, ''The
soldiers believed there was a device. So they followed procedure. What
don't you understand about that?''

In the case of the five men killed trying to scale the Gaza border fence,
an IDF official said that even though the victims were unarmed there was
''no violation of regulations.'' When asked whether firing a tank shell
loaded with hundreds of deadly flechettes, or small darts, on five unarmed
people was an appropriate response, the official replied: ''We believe the
soldiers' judgment was right.''

The IDF rarely comments on the use of flechette shells, which are
implicitly banned under international law. Because the shells inflict
widespread casualties, they are classified as ''indiscriminate'' weapons,
which are banned in civilian areas.

The IDF official, who spoke on condition of anonymity, said only, ''We
never specify our weapons.''

The Israeli-Palestinian conflict, which erupted in September 2000, has
taken a heavy toll on civilian populations on both sides. The totals vary
significantly among different groups, and there are differences in how they
define civilians. The Palestinian side can include youths throwing rocks
and firebombs, as well as loosely formed militias, while the Israeli side
can mean heavily armed Jewish settlers in the occupied West Bank.

One of the more respected Palestinian organizations, the Palestine Human
Rights Monitoring Group, estimates that there were 1,751 Palestinians
killed by Israeli forces in the period from Sept. 29, 2000, to Dec. 21,
2002. Of that number, 1,272 were considered by the group to be ''unarmed
civilian casualties,'' including 314 children. The Red Crescent Society and
the Palestine Monitor, two other organizations in the West Bank and Gaza,
place the number of Palestinian civilian casualties significantly higher.

The Israeli organization B'Tselem, which is widely credited for having the
most meticulous and fair counting of deaths on both sides, reports that
1,727 Palestinians were killed in the same 26-month period. B'Tselem
estimates that at least 450 of those were women, minors, and elderly men.
The conservative Israeli think tank, the International Policy Institute for
Counterterrorism, has estimated 727 ''noncombatant'' Palestinians have been
killed in the conflict.

B'Tselem counts 663 Israeli deaths in the fighting, about 441 of which were
civilians. The IDF has calculated 690 Israeli deaths, 479 of those
civilians.

''So many civilians killed. There was an intent to kill civilians on one
side, and there has been a disregard for civilian life on the other,''
Yavne said. ''They are not comparable in terms of intent, but they are
definitely comparable in terms of the number of civilians killed and the
families who grieve their deaths.''

This story ran on page A1 of the Boston Globe on 12/29/2002.
© Copyright 2002 New York Times Co.

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