Gaza Conflict – 4 Aug 14

Posted: August 4, 2014 in Gaza Conflict

Israel’s doctrine of proportionality in Gaza
Dore Gold
LA Times | July 31, 2014

Reporting from Jerusalem

The images of destruction after the battle between the Israel Defense Forces and Hamas that began July 20 in the Shajaiya neighborhood in the Gaza Strip have caused many to declare, in a now-frequent refrain, that the IDF is behaving “disproportionately.” Some commentators are simply dressing up in sophisticated language their belief that Israel is using excessive force, but others clearly mean to accuse Israel of violating the laws of war — specifically, of violating the doctrine of proportionality. These accusations have no merit.

Shajaiya was not just another neighborhood in Gaza, but rather a crown jewel of Hamas’ effort to intertwine civilians and terrorists to complicate Israel’s ability to defend itself. Shajaiya was crisscrossed with an elaborate network of underground bunkers and tunnels containing equipment for the manufacture of rockets, storage facilities for rockets and other weapons, and launching sites from which the rockets were fired at Israeli towns. It was a civilian area where Hamas embedded its most important military capabilities, precisely to encourage condemnation of Israel should the IDF be forced to fight there.

Moreover, multiple attack tunnels whose exit points are in Israel had entrance points in Shajaiya. These tunnels allow Hamas to cross under the border fence and penetrate Israeli territory to carry out attacks on civilians. Mothers in Israeli villages near the Gaza border feared that terrorists would emerge from the tunnels, kidnap their children and drag them back as hostages to the Gaza Strip, a concern that became more terrifying when handcuffs and tranquilizers were found in the tunnel system.

Shajaiya encapsulates the challenge Israel faces in the Gaza conflict: How can Israel defend itself without being accused of violating the principle of proportionality?

Israel had three choices in how to deal with Shajaiya. First, it could have decided that it had every right to use overwhelming force to neutralize the neighborhood with air power, ignoring the question of collateral damage to civilians, much like the Allied bombing campaigns of World War II, or NATO’s three-month campaign against Yugoslavia in 1999, in which 40,000 homes were destroyed. This option was not even a consideration for the IDF.

Second, looking at how Hamas had embedded its military capabilities within civilian neighborhoods, Israel could have decided there was nothing it could do, thus allowing Hamas to strike at Israeli population centers with impunity. Such a decision would have granted Hamas a license to kill Israelis, something no Israeli government — or, indeed, any accountable democracy — could do.

Finally, there was the decision that Israel ultimately made: Separate, as much as possible, the civilian population from the Hamas fighters and arms in their midst. This required getting the Palestinian population to evacuate potential target areas by multiple means: dropping leaflets with evacuation routes, breaking into Hamas radio broadcasts with warnings about specific areas, Arabic-language telephone calls to homes and text messages to cellphones. While the notification process was underway, an Israeli drone would hover over the area that was to be cleared to ensure that residents had left.

Against this Israeli effort, Hamas employed a counter-strategy of trying to prevent civilians from heeding Israeli warnings. On July 8, Hamas spokesman Sami Abu Zuhri appeared on local television and called on Gazans to serve as human shields against Israeli air attacks. Hamas enforcers sought to dissuade civilians from fleeing. And, anticipating a ground incursion into neighborhoods like Shajaiya, Hamas booby-trapped whole rows of homes, hoping to collapse them on Israeli soldiers. This only magnified the scale of the destruction.

It should be recalled that proportionality in international law has a very specific meaning: It is the calculation a military commander must make as to whether the military advantage to be gained by the use of force is greater than the probable harm that may be inflicted on the surrounding civilian population. Anyone who complains about “disproportionality” must explain exactly what the IDF should have done to neutralize the terrorist threat from Shajaiya while causing less destruction than what occurred.

War between an embattled democracy, like Israel, and a terrorist organization, like Hamas, inevitably produces certain asymmetries. Israel heavily invested in the defense of its population, including air raid shelters as well as a missile defense system, known as Iron Dome. Where did Hamas put the billions of dollars it obtained from supporters like Qatar? It built the system of attack tunnels and an arsenal of missiles. Yet there are those who wrongly infer Israeli intent to cause civilian casualties from the greater damage suffered by Hamas, which resulted from a war Hamas imposed, and from its readiness to sacrifice the lives of its people to advance its extremist goals.

Dore Gold served as Israel’s permanent representative to the United Nations from 1997 to 1999. He is an advisor to Prime Minister Benjamin Netanyahu and president of the Jerusalem Center for Public Affairs.

http://www.latimes.com/opinion/op-ed/la-oe-gold-israel-gaza-proportional-force-20140801-story.html

 

Gaza’s Civilian Casualties: The Truth Is Very Different
Richard Kemp
Gatestone Institute | August 3, 2014

With few exceptions, reporters, commentators, and analysts unquestioningly accept the casualty statistics given by Gaza’s Hamas-controlled medical authorities, who ascribe all deaths to the IDF. We have never seen so much as a glimpse of killed or wounded fighters.

Analysis of casualty details released by Qatar-based Al Jazeera indicate that so far most of those killed in Gaza have been young men of fighting age, not women, children or old people.

All Palestinian civilian casualties in this conflict result ultimately from Gaza terrorists’ aggression against Israel, and Hamas’s use of human shields — the most important plank of Hamas’s war-fighting policy.

"So are you going after innocent civilians or is it incompetence Colonel Lerner?" asks the interviewer, her face contorted with a contempt apparently reserved only for Israelis. Such shrill disrespect hurled at an American or British officer would alienate viewers, and, at an Arab commander, provoke accusations of racism.

This line of questioning – repeated across the networks on a daily basis – betrays a naïve and uncomprehending willingness to believe, and encourages viewers to believe, the absurd notion that the Israel Defence Force [IDF] is commanded and manned from top to bottom by psychopathic baby-killing thugs.

To suggest that military incompetence is the only explanation for civilian deaths other than deliberate mass murder reveals a breathtaking but unsurprising ignorance of the realities of combat.

Although rarely allowed to complete so much as a single sentence, Israeli attempts to explain IDF targeting policies are inevitably dismissed as laughable fabrication.

The truth is very different. The IDF has developed the most comprehensive and sophisticated measures to minimize civilian casualties during attacks against legitimate military targets.

Mandatory, multi-sensor intelligence and surveillance systems to confirm the presence or absence of civilians precede attacks on every target from the air. Text messages, phone calls and radio messages in Arabic warn occupants to leave. Air-dropped leaflets include maps showing safe areas. When warnings go unheeded, aircraft drop non-lethal explosives to warn that an attack is imminent.

Only when pilots and air controllers are sure that civilians are clear of the target will authorization be given to attack. When pilots use laser-guided munitions they must have pre-designated safe areas to which to divert the missiles in flight should civilians suddenly appear.

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A Hamas military commander recounts on Palestinian TV how Israeli forces gave advance warning to him, to evacuate his home before bombing it. He goes on to describe how after the warning, he rushed to gather friends, family and neighbors on the roof of the building.

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Two pictures showing Palestinian human shields gathered on buildings for which the Israel Air Force has given advance warning of a pending bombing.

In the last few days IDF pilots have aborted many missions because civilians remained in the target area.

Ground forces have equivalent engagement procedures, although the nature of ground combat means that these are blunter and less sophisticated. Discussions with IDF infantrymen fresh from the fight on the Gaza border confirm, however, that avoiding civilian casualties is uppermost in their minds even when under fire themselves.

Meanwhile back in the safety of the studio, the interviewer’s visible fury at the IDF Spokesman has got the better of any professional objectivity: "You go on endlessly about all the warnings you give but the fact is you have killed one-and-a-half thousand people, the overwhelming majority of them civilians!"

But of course the colonel is not permitted to give a proper answer that might help viewers understand the reality of the situation.

With few exceptions, reporters, commentators and analysts unquestioningly accept the casualty statistics given by Gaza’s Hamas-controlled medical authorities, who ascribe all deaths to the IDF. Is anyone in Gaza dying of natural causes? Mass executions of "collaborators," and civilians killed by malfunctioning Hamas rockets, are all attributed to IDF fire.

Are the "overwhelming majority" of the dead really civilians? It would seem so. We see a great deal of grotesque and heart-rending footage of dead and bleeding women and children but never so much as a glimpse of killed or wounded fighters. Nor do reporters question or comment on the complete absence of Gazan military casualties, an extraordinary phenomenon unique to this conflict. The reality of course is that Hamas make great efforts to segregate their military casualties to preserve the fiction that Israel is killing civilians only. There are also increasing indications that Hamas, through direct force or threat, are preventing journalists from filming their fighters, whether dead or alive.

We will not get to the truth until the battle is over. But we know now that Hamas have ordered their people to report all deaths as innocent civilians. We know too that Hamas has a track record of lying about casualties. After Operation Cast Lead, the 2008-09 fighting in Gaza, the IDF estimated that of 1,166 Palestinian deaths, 709 were fighters. Hamas – backed by several NGOs – claimed that only 49 of its fighters had been killed, the rest were innocent civilians. Much later they were forced to admit that the IDF had been right all along and between 600 and 700 of the casualties had in fact been fighters. But the short-memoried media are incapable of factoring this in before broadcasting their ill-founded and inflammatory assertions.

Analysis of casualty details released by Qatar-based Al Jazeera indicate that so far in the conflict most of those killed in Gaza have been young men of fighting age, not women, children or old people. According to one analyst, despite comprising around 50% of the population, the proportion of women among the dead is 21%.

Preliminary analysis by the Meir Amit Intelligence and Terrorism Information Center in Israel suggests that 71, or 46.7%, of the first 152 Palestinians killed were fighters and 81, or 53.3%, non-involved civilians.

None of this analysis is definitive. But it does cast doubt upon the accusations of indiscriminate attack against the population by the IDF and upon the UN estimates – widely trumpeted as fact by the media and the not-exactly unbiased United Nations – that between 70 and 80% of Palestinian casualties have been civilians.

Nevertheless, many innocent civilians have tragically been killed. How has this happened, given the IDF’s measures aimed at minimizing such deaths?

IDF commanders say they never intentionally fire at targets where uninvolved civilians are present, a policy that goes much further than the Geneva Conventions demand. This policy has been confirmed to me by foot soldiers on the ground and F16 pilots carrying out strikes into Gaza.

But mistakes happen. Surveillance and intelligence can never be foolproof. There have been reports of Hamas forcing civilians back in once buildings have been evacuated. There is sometimes unexpected fallout from attacks, for example when an adjacent building containing civilians collapses, often caused by secondary explosions resulting from Hamas’s own munitions.

Errors can be made in interpretation of imagery, passage of information and inputting of target data. We don’t yet know what happened to the four boys tragically killed on a Gaza beach; it is not credible that they were identified as children and then deliberately killed.

Weapons guidance systems sometimes malfunction and bombs, bullets or missiles can land where they are not supposed to. Even the most hi-tech communications systems can fail at the critical moment.

Nowhere are these errors more frequent and catastrophic than in ground combat, where commanders and soldiers experience chaos, noise, smoke, fear, exhaustion, danger, shock, maiming, death and destruction that are beyond the comprehension of our interviewer in her air conditioned TV studio.

These mistakes and malfunctions happen in all fighting armies and in all conflicts. And in all conflicts, mistakes include the deaths of soldiers by friendly fire. Do those who condemn the killing of Palestinian civilians as deliberate acts by the IDF suggest that the friendly fire incidents in Gaza are also intentional?

The Israeli policy of not attacking targets where civilians are present is likely however to be deliberately waived in one specific situation. If troops are under lethal fire from an enemy position, the IDF are entitled to attack the target even with the certainty that civilians will be killed, subject to the usual rules of proportionality.

By definition Israeli soldiers’ lives are placed at greater risk by restrictive rules of engagement intended to minimize civilian casualties. But commanders in the field must balance their concern for civilians with the preservation of their own men’s lives and fighting effectiveness.

These realities aside, all Palestinian civilian casualties in this conflict result ultimately from Gaza terrorists’ aggression against Israel, and Hamas’s use of human shields – the most important plank of Hamas’s war-fighting policy.

Storing and firing weapons within densely populated areas, compelling civilians to stay put when warned to leave, luring Israeli forces to attack and kill their own people, the Palestinian body count is vital to Hamas’s propaganda war that aims to bring international pressure on Israel and incite anti-Israeli and anti-Semitic hatred around the world.

This sickening exploitation of their own people’s suffering, and media’s complicity in it, is nowhere more cynically demonstrated than in the operating theaters of the Gaza Strip. Without the slightest regard for life-saving hygiene, or for the care, privacy or dignity of the wounded, Palestinian officials enthusiastically hustle camera crews in to the emergency room as desperate surgeons battle for a bleeding and broken child’s life.

Colonel Richard Kemp spent most his 30-year career in the British Army commanding front-line troops in fighting terrorism and insurgency in hotspots including Iraq, the Balkans, South Asia and Northern Ireland. He was Commander of British Forces in Afghanistan in 2003. From 2002 – 2006 he heading the international terrorism team at the Joint Intelligence Committee of the British Prime Minister’s Office.

http://www.gatestoneinstitute.org/4570/gaza-civilian-casualties

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