Justifying Israeli War Crimes
By: Reem Salahi
Having left Gaza now, I am trying to come to terms with what I saw, what I heard and honestly, what I don't think I will ever understand – the justification. While Israel's recent offensive has been the most egregious of any historical attack upon the Palestinians in Gaza, it is just that, one of many. Gaza has been under Israeli bombardment and sanctions for many years. Prior to the Israeli pullout in 2005, Gaza was under the complete control and occupation of Israel. Nearly 8000 Israeli settlers occupied 40% of Gaza while the 1.5 million Palestinians occupied the remaining 60%. Settlements were located on the most fertile lands and along Gaza's beautiful coastal regions and checkpoints prevented Palestinian mobility. Despite being one-fifth the size of Rhode Island, 25 miles long by 4-7.5 miles wide, Gaza was divided into three sections and Palestinians had to pass through multiple checkpoints to get from one section to the next. Often Israeli forces would close these checkpoints and not allow the Palestinians access to the other regions in Gaza as a form of collective punishment.
Yet with Israel's pullout in 2005, the Palestinian experience has not improved. Rather, it has become even more unpredictable and isolated. Palestinians who celebrated the exodus of the Israeli settlers and the return of their land could not have imagined what would follow and how Israel would subsequently unleash its brutal force against them. As the saying goes, nothing in life is free and the Palestinians have paid, and continue to pay, a dear and unforgivable price for Israel's withdrawal from their legally rightful land.
From the first moments of Israel's military campaign on December 27, Israel's indifference to civilian casualties was clear. Its first attacks started at around 11:30 AM, at a time when children leave the morning session of school and the afternoon students arrive. The streets were packed with civilians – children no less. Within moments, hundreds of Palestinians were killed and even more Palestinians were injured (at least 280 Palestinians were killed on the first day, and 700 wounded including more than a dozen policemen attending a graduation ceremony at the Gaza City police station). One of the little girls in Jabalia told me that she was in school when the attacks started. She fainted from the overwhelming fear and was not able to go home and see her family for days. When she did go home, she remembers seeing dead and injured bodies stranded all over street and hearing the thundering sound of missiles falling.
In its offensive, Israel attacked UNRWA warehouses, schools, mosques, civilian neighborhoods, businesses, factories, hospitals, universities and the media center. Its attacks took place during the day, night, during temporary ceasefires, and often without any notice or=2 0warning. I would ask the Palestinians I met who had lost loved ones in the recent incursion whether they were warned about an oncoming attack by some flyer or radio announcement. The majority would laugh at my question. "Why would I stay in my home if I knew that it was going to be attacked? Do you think I want to die? Do you think I would want to put my family and children in danger?" Most of the Palestinians had no notice that they were going to be attacked and bombarded until it was too late, and at that point, all they could do was stay in their homes, far from any window or door, and pray that their house would not be next.
Those, like Majid Fathi Abd al-Aziz al-Najjar, who were warned, tended to flee to "safer" areas. Majid and his wife and children resided in a border town in Khan Younis. Shortly after the start of its incursion, the Israeli military dropped flyers on his town, a copy of which he showed me. It said in Arabic that militants had entered your area and as a result we are forced to react and attack this area. Yet these flyers were only dropped in the center of town and Majid did not even realize that they were dropped until after the attacks on his way to see the rubble that used to be his home. Realizing that Israeli tanks were planning on entering Gaza and would destroy anything that would block their entry, Majid packed his family and fled to his relatives home far from the border, in an area deemed safe. Yet at 10 PM on January 3, 2009, a white phosphorus missile strayed off course and rammed right into the home that Majid and his family had taken refuge in, along with 15-20 other Palestinians. The missile came through the roof and broke through the wall and hit Majid's wife, Hanan Abd al-Ghani al-Najjar, dead center in her chest. She died immediately upon impact. Six or seven others, including Hanan's elderly mother and Hanan and Majid's daughter were severely injured by shrapnel and rushed to the hospital. Whereas Majid thought he had fled from certain death in his home on the border, death followed him to his place of refuge. Yet the sad reality is that no matter where Majid fled, no place in Gaza was safe. Hanan's death was not the unpredictable result of a misguided missile, but rather the predictable consequence of a one-sided war waged by the fifth largest army against a population that is trapped within a prison and weakened by decades of occupation and years of blockade.
While Israel has perfected its many excuses in justifying innocent Palestinian death and destruction ("there were militants present…well we thought there were militants present" "we warned the m but they did not to leave" "missiles were being fired from that [insert location here]" "we are investigating this attack" "it was an accident"), Israel has fallen short of providing actual evidence to substantiate killing people like Hanan Al-Najjar, Kassab Shurrab, Mahmoud Masharrawi, Sabha's husband and the majority of others killed. After attacking the UN-operated al-Fakhura School in Jabalia on January 6, where many families had taken refuge and killing at least 40 innocent women and children and injuring dozens more, Israel made a rare attempt to actually justify its attacks. Not only did Israel use one of its staple excuses ("militants were firing from inside the school"), but it actually showed a video of militants firing mortars from the school. Within a matter of days, though, the video was dated to 2007 and till now, Israel has not provided us with another staple excuse of why, two years later, the al-Fakhura School was attacked and the hundreds of Palestinian civilians were killed and injured.
How does Israel explain the executions, the shooting of Palestinians point blank in cold blood? How does it justify Israeli soldiers shooting Kassab Shurrab with five bullets across the chest as he came out of his car with his hands to his side, especially as one of the Palestinian hostages sitting blindfolded by the soldiers heard the commander tell the soldier in Hebrew to shoot the civilians that were driving down the road. What about the two daughters of Khaled Abed Rabbo, Amal, age 2, and Suaad, age 7, murdered by an Israeli soldier using a semi automatic rifle before their father 's eyes as the other Israeli soldiers ate chips and chocolate? Let us not forget about Sameer Rashid Mohammad Mohammad, a 43 year old UNRWA worker, who was separated from his family by Israeli soldiers and taken to a separate room and shot in the chest? For four days after killing Sameer, Israeli soldiers held his family hostage and would make the family prepare the murdered Sameer food. Only when the Israeli soldiers left their home, did Sameer's children see that their father was executed and by their father's dead and bleeding body were piles of food. How about Farah al-Halo, 1.5 years of age, who was shot in the stomach when her family was forced to evacuate from their home at 6:30 PM by Israeli soldiers who assured them of their safety? Only 50 meters down the road they were shot at by other Israeli soldiers. Farah, with her intestines spilling from her stomach, died on the side of the road a few hours later as the same soldiers that had assured their safety watched.
Further, how can Israel explain its use of the Palestinians as human shields? Upon entering a village, Israeli soldiers would separate the men from the women. Sami Rashid Mohammad Mohammad, Sameer's brother, was taken as a hostage and forced to accompany the Israeli soldiers for four days. He was handcuffed and blindfolded and made to walk in front of the Israeli tanks and soldiers as bullets would whiz by. At other times, he was made to sit on his knees in an open field for hours while Israeli soldiers would shoot from behind him and often at his feet. These Palestinians were nothing more than entertainment for the soldiers, a child's play toy. When I asked Sami whether he saw any Palestinian militants during his time as a human shield, he laughed and said that he only saw Israeli soldiers with their blackened faces and camouflage outfits. "It was only Israeli soldiers shooting at each other," he remarked. It is thus no wonder that between four to six Israeli soldiers were killed and 24 others injured in "friendly fire."
Additionally, how can Israel explain the humiliation tactics it used against the Palestinians such as forcing Palestinian ambulance drivers to abandon their ambulance cars and drive donkey carts to pick up the dead and wounded as if to equate Palestinians with donkeys? The soldiers would grant the ambulance drivers half an hour to clear the area using donkey carts and threatened to shoot after half an hour. And what about the racist remarks painted on the walls of the Palestinian homes? One of my co-delegates took pictures of the Hebrew writings graffitied on the walls of some of the Palestinian homes we visited in Zeitoun and had a friend translate them. Among the things written were: "Death to Arabs" "War now between Arabs and Jews" "An Arab brave is an Arab in a grave" "Bad to the Arab=good for me" "He who dreams Givati [Israeli infantry brigade] does not expel Jews. He who dreams Givati kills Arabs!!!"
The reality is that Israel cannot explain or justify any of these things, nor does it even care to do so. When Israel's staple excuses are not readily consumed or when it is examined under a critical lens, Israel applies another tactic– threat and demonetization. Israel has created one of the strongest lobby organizations in the U.S., AIPAC, which actively demonizes any opponent or criticizer of the State of Israel. Due to John Ging's, the Director of the United Nations Relief and Works Agency (UNRWA), open opposition to Israel's attacks in Gaza and his call for the investigation of Israeli attacks, he has been demonized and AIPAC recently introduced House Resolution 29 attacking UNRWA and alleging that it supports terrorists. Even I have received a few threatening emails upon the issuance of NLG's Press Report which documented some of our findings. One of the emails indicated that I, along with the other attorneys, will have our careers followed. As the email stated, "Israel is smart not stupid, and will continue to do what they must as will America to survive even over the bodies of their leaders if necessary."
Almost every Palestinian I met in Gaza believes that Israel's recent attack will only be followed by another bloodier and more deadly attack on Gaza that will exterminate the Palestinians once and for all. Considering the history of attacks on Gaza, the level of atrocities recently committed in Gaza and the lack of international redress, I do not think that these statements are mere paranoia. Israel must be held accountable for its crimes in Gaza lest it commit larger and more egregious crimes in the future. As one who has been trained in the legal profession, I demand that Israel engage the legal arena and provide the international community with real evidence, and not just staple excuses and dated videos, that can justify every single civilian murder and the widespread destruction of Palestinian civil society. Until Israel is able to do so, the evidence in Gaza leads anyone willing to visit to the inevitable conclusion that Israel has committed war crimes.
Link to Free Gaza