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bismi-lLahi-rRahmani-rRahiem
In the Name of Allah, the Compassionate, the Merciful
=== News Update ===
B'Tselem: The Killing of Civilians in Beit Hanun is a War Crime
Report, B'Tselem, 8 November 2006
Palestinian boys look at a demolished house after the Israeli shelling
of Beit Hanoun in the northern Gaza Strip during which at least 20
people were killed, November 8, 2006. (MaanImages/Wesam Saleh)
Israeli artillery shells struck a residential neighborhood in Beit
Hanun, Gaza Strip, early Wednesday morning, killing 18 civilians,
including 7 minors, and wounding some 40 others. The Israeli military
contended that the artillery fire was aimed at the place from which
Qassam rockets were fired at Ashkelon yesterday, an area about half a
kilometer from where the shells actually landed. The IDF said that human
or technical error caused the shells to strike the houses. The Minister
of Defense has ordered an investigation into the incident.
Even according to the military, the shelling was not defensive; it was
not aimed at Palestinian fire or Qassam rocket-fire that was in
progress. The artillery was aimed at what the IDF refers to as a
"launching space," i.e., an area from which the army believes that
Qassams had previously been fired.
Shells fired from cannons several kilometers away are known and expected
to occasionally miss their target by a few hundred meters. For this
reason, it is especially likely that such weapons will harm civilians
when they are fired towards or near densely-populated residential areas.
Several such cases have occurred over the past year, and it was to be
expected that they could recur.
Moreover, in April 2006, it was reported that the IDF reduced - from 300
meters to 100 meters - the "safety range" between populated areas in the
Gaza Strip and the areas targeted for artillery fire. Six human rights
organization, B'Tselem among them, warned about the great risk inherent
in the decision, contending it would lead to the injury of innocent
civilians. The organizations petitioned the High Court of Justice to
order the IDF to cancel the decision. The High Court has not yet ruled
in the matter.
It is still unclear if the deaths this morning resulted from the
inherent inaccuracy of artillery or from technical or human error.
However, massive shelling towards a densely-populated area carries a
high risk of civilian casualties. Therefore, as discussed below, such
shelling should be avoided, unless there is no alternative in defending
against attack.
The principle of discrimination, one of the pillars of international
humanitarian law, requires that all parties to a conflict attack only
legitimate military objects. According to the principle of
proportionality, it is forbidden to launch an attack, even if aimed at a
legitimate military object, if the attack is expected to cause injury to
civilians that would be excessive in relation to the concrete and direct
military advantage anticipated. These two principles lead to the
prohibition on using a means of warfare which, under the circumstances,
is likely to cause disproportionate injury to civilians. Launching of
such attacks is deemed a grave breach of international humanitarian law
and a war crime.
The circumstances involved in the killing of the Palestinians in Beit
Hanun, including the fact that the attack was not a defensive action,
raise a grave concern that the shelling constitutes a war crime. The
Israeli military's contention that they did not mean to harm civilians
is meaningless, and cannot justify an action that amounts to a war
crime. An investigation conducted by military officials subject to the
same chain of command responsible for the action cannot serve as a
substitute for a criminal investigation. B'Tselem today wrote to the
Israeli Judge Advocate General, demanding that he immediately order a
Military Police investigation into the incident, with the objective of
prosecuting those responsible for the killings in Beit Hanun.
source:
http://electronicintifada.net/v2/article5988.shtml
Related Links
* B'Tselem
* BY TOPIC: Israel attacks Gaza: "Operation Autumn Clouds" (1 Nov
2006- )
* BY TOPIC: Massacre in Beit Hanoun (8 November 2006)
* BY TOPIC: Israel invades Gaza: "Operation Summer Rain" (27 June
2006)
===
-muslim voice-
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BECAUSE YOU HAVE THE RIGHT TO KNOW
