Gazan human rights organizations hold press conference

ISM Gaza

3 October 2009

Following the Palestinian Authority decision on 2 October to defer the draft proposal endorsing the UN “Goldstone Report”, nearly twenty different human rights organizations issued a statement and held a press conference condemning the Palestinian Authority’s decision. Among the groups were the Palestinian Centre for Human Rights (PCHR), Al Mezan Centre for Human Rights, Badil, Adalah, Defense for Children (DCI)-Palestine, and other women’s, prisoners’ and children’s rights groups from the occupied West Bank and Gaza Strip.

PCHR, Al Mezan, Addameer and the Commission for Human Rights representatives spoke at a press conference in front of the bombed Ministry complex, targeted repeatedly by F-16 attacks during the winter Israeli massacre of Gaza.

Following the 23 day massacre of Gaza, Justice Richard Goldstone and a team of investigators conducted two visits to Gaza, during which they heard nearly 200 interviews, and reviewed thousands of documents, photos, and videos, reported the UK’s Guardian.

The report, 575 pages, found evidence of Israeli war crimes and crimes against humanity during their massacre of Gaza. Nearly 1500 Palestinians have died, during and following the massacre, as a result of injuries sustained during the attacks.

As Palestinian human rights organizations and international NGOs contended, the majority of those killed civilians.

While the United States accused the report of being biased (without clarifying exactly how, Goldstone pointed out), Israeli authorities did not cooperate with the UN investigation. Nonetheless, the UN report looked at what it called crimes committed by Palestinian resistance during the Israeli attacks.

“Justice delayed is justice denied. All victims have a legitimate right to an effective judicial remedy, and the equal protection of the law.”

This is the most important message from the human rights groups protesting the PA’s deferral.

“The crimes documented in the report of the UN Fact Finding Mission represent the most serious violations of international law,” the statement said. “Justice Goldstone concluded that there was evidence to indicate that crimes against humanity may have been committed in the Gaza Strip.”

The statement also notes that with the continued imposition of an all-encompassing siege on the population of Gaza, Israel’s violations of international law continue.

Aside from recognizing the validity of the UN report’s findings, the human rights groups point out that “International human rights and humanitarian law are not subject to discrimination, they are not dependent on nationality, religion, or political affiliation.
International human rights and humanitarian law apply universally to all human beings.”

And while NGOs from Human Rights Watch, Amnesty International, legal groups from the US and politicians from Europe have all concluded that Israel committed the cited violations, since the end of the Israeli attacks, “no effective judicial investigations have been conducted into the conflict. Impunity prevails,” say the human rights groups.

The PA, which initially supported the findings of the “Goldstone report”, changed its mind after what is believed to have been intense pressure from the United States, as well as Israel, citing the peace process negotiations as a reason to postpone endorsing the report.

The day before the PA back-tracked, Israeli Prime Minister Benjamin Netanyahu threatened that the endorsement of the UN report would hinder the ‘peace process’.

But the human rights groups disagree. “The belief that accountability and the rule of law can be brushed aside in the pursuit of peace is misguided. In such situations, international law demands recourse to international judicial mechanisms. Victims’ rights must be upheld. Those responsible must be held to account.”

Various Palestinian factions, including Hamas and the PFLP, have likewise strongly condemned the PA’s turn-around, calling it a ‘betrayal of the Palestinian cause’ and a confirmation of the ‘extent of the collaboration between and his aides with the Zionist enemy, against the Palestinian people’.

Al Jazeera reports that Mustafa Barghouti, a member of the Palestinian Legislative Council, said the PA decision was ‘totally unacceptable, unjustified and the public here is very angry at it’.

The article continues, “Regardless of the position of the PA, I think the civil society and different political and human rights organisation are going to proceed in demanding sanctions, actions against the Israeli apartheid system and the war criminals that committed these crimes,” said Barghouti.

Just days earlier, Abbas had further backed down on the issue of Israeli illegal settlement expansion, retreating from the Palestinian call to stop settlement construction. This about-face is also believed to be due to US pressure.

The PA reversals clearly seem to be serving their own interest and that of Israel and the US. Ma’an news reported Badil’s statement that “this deferral of the UN report “is against the interests of Palestinian victims and against the higher Palestinian interest as well as efforts to incriminate Israel for its illegal actions.”

Richard Goldstone, a Jewish South African with a long history of involvement in justice, according an IPS report said, “Without some form of truth-telling, there cannot be an enduring peace. Truth-telling and acknowledgement to victims can be a very important assistance to peace.”

Palestinians cry ‘blackmail’ over Israel phone service threat

Ben Lynfield | The Independent

1 October 2009

Israel is threatening to kill off a crucial West Bank economic project unless the Palestinian Authority withdraws a request to the International Criminal Court to investigate alleged Israeli crimes during last winter’s Gaza war.

Shalom Kital, an aide to defence minister Ehud Barak, said today that Israel will not release a share of the radio spectrum that has long been sought by the Palestinian Authority to enable the launch of a second mobile telecommunications company unless the PA drops its efforts to put Israeli soldiers and officers in the dock over the Israeli operation.

“It’s a condition. We are saying to the Palestinians that ‘if you want a normal life and are trying to embark on a new way, you must stop your incitement,” Mr. Kital said. “We are helping the Palestinian economy but one thing we ask them is to stop with these embarrassing charges.”

As long as the Wataniya Mobile company is unable to begin its operations, communications costs are likely to remain inordinately high for Palestinian businesses and individuals. But thwarting the company benefits four unauthorized Israeli operators who make sizeable profits in the Palestinian market using infrastructure they have set up in the illegal Israeli settlements across the West Bank.

The Qatari-owned Wataniya had begun making what was planned as the second largest private investment in West Bank history – to total seven hundred million dollars. But amid frustration at more than two years of Israeli foot-dragging over the frequencies it is now warning that if forced to miss its launch date of 15 October it may close down West Bank operations and seek the return from the Palestinian Authority of its $140m licensing fee and other damages. Mr Kital said the possibility of Wataniya closing “is something the PA will have to take into consideration.”

“This is sheer blackmail by the Israelis,” said Nabil Shaath, the former PA foreign minister. “Israel has no business stealing the frequencies, keeping them and using them as blackmail to escape an international inquiry into its violations.”

Nearly 1400 Palestinians, most of whom were not taking part in the hostilities, were killed during the Gaza war, according to the Israeli human rights group B’tselem. Fourteen Israelis died, some from Hamas rocket fire that Israel says forced it to mount its operation. A UN probe released last month found that both Israel and Hamas had committed “war crimes”.

Mr Shaath said the PA would not back down over the matter.“The Palestinians in Gaza suffered greatly and we are responsible for them. We are the aggrieved party. Israeli soldiers and those who gave orders should be questioned and be liable to prosecution.”

The Palestinian request to the ICC dates back eight months. But Israeli concern over international legal steps has intensified since the UN commission, headed by South African judge Richard Goldstone, concluded that the Israeli military judicial system did not meet international legal standards of independence and impartiality. It called for the ICC to activate an indictment process within six months unless the country mounts its own credible investigations of its troops actions.

The Israeli stance on the frequencies marks a flouting of the efforts of the international community’s Middle East envoy, Tony Blair, who last month urged that they be released and warned of harm to the local economy if Israel persisted in its refusal. Mr Kital said today that Mr Blair “is very aware” there will be no release unless the Palestinians drop their request to the ICC.

ICC may try IDF officer in wake of Goldstone Gaza report

Yotam Feldman | Ha’aretz

24 September 2009

A senior prosecutor at the International Criminal Court in The Hague said Monday that he is considering opening an investigation into whether Lt. Col. David Benjamin, an Israel Defense Forces reserve officer, allowed war crimes to be committed during the IDF’s three-week offensive in the Gaza Strip this winter.

The officer – a dual citizen of Israel and South Africa, where he was born – served in the Military Advocate General’s international law department, which authorized which targets troops would strike before and during the operation.

Newsweek magazine released an interview Monday with ICC Prosecutor Luis Moreno-Ocampo of Argentina in which he said he is convinced his office has the authority to launch an investigation into Benjamin’s actions.

The ICC has until now refrained from trying IDF officers, as it lacks authority to do so, since Israel is not a signatory to the 2002 Rome Treaty that founded the court. South Africa, however, did sign the treaty, so the ICC is authorized to indict its citizens.

Moreno-Ocampo’s remarks are in line with the recommendations of a UN fact-finding commission on the Gaza war headed by South African justice Richard Goldstone. Last week, that panel urged the UN Security Council to refer both Israel and the Hamas leadership in Gaza for prosecution in the ICC unless both launched fully independent investigations into alleged war crimes by the end of this year.

The ICC began looking into Benjamin’s case after receiving material from pro-Palestinian organizations in South Africa. The material included a transcript of an interview Benjamin gave to the web site Bloomberg.com, in which the officer recounted his involvement in legal consultations with the IDF ahead of army operations.

“We were intimately involved in planning,” Benjamin said, including “authorizing the targets that could be struck, war materiel – everything passed by us.”

Benjamin served for many years as legal adviser to the GOC Southern Command, and later headed the Military Advocate General’s department on international law.

In August, he visited South Africa to attend a conference organized by the local Jewish community on international law during wartime, with special reference to the Gaza war. Benjamin later described the trip as a “personal hasbara [public diplomacy] trip.”

The pro-Palestinian organizations promptly asked South African state prosecutors to open an investigation into suspicions that Benjamin had committed war crimes in Gaza. To avoid a potential confrontation with local authorities, Benjamin left South Africa several days earlier than he had planned.

At the conference, Benjamin rejected claims that the IDF committed war crimes in Gaza, as well as demands that Israel’s wartime conduct be subject to an external investigation.

Dennis Davis – a South African district court judge and international law lecturer at the University of Cape Town, who directed the conference – said he firmly opposed the remarks delivered by Benjamin, who was once his law student. Davis added that were Benjamin still his student, he would “fail him.”

Benjamin resigned from the IDF in late January of this year, though his official retirement vacation began in November 2008. When the Gaza operation began, however, he returned to his former position in the Military Advocate General’s office.

But Benjamin says he was not directly involved in planning operations during the war. He told Haaretz yesterday that during the Bloomberg interview, he was speaking not of himself personally, but of the army, and the Military Advocate General’s office, as a whole.

“I spoke in the name of the army, and of the Military Advocate General, so I told them what we’re like in the collective sense,” he said. “We authorized and we carried out, but I wasn’t [directly] involved in Gaza.”

“What’s important is that the State of Israel doesn’t need Goldstone to tell it what needs to be done,” he added. “There is a human rights agenda in the world, but those who work with this agenda have the luxury of not needing to balance human rights needs and security needs, and we do need to have that balance.”

“Presumably the military advocate general, who personally authorized the IDF’s actions, will himself be investigated?” he continued. “There is a supervisory mechanism – the attorney general is above the military advocate general, and he can intervene. The High Court of Justice can also intervene.”

The IDF Spokesman’s Office said yesterday that “Lt. Col. David Benjamin is a respected officer who served for many years in legal positions in the IDF, and assisted the military in managing its activities in accordance with the rules of international law.”

“Although during Operation Cast Lead, Lt. Col. Benjamin was on retirement vacation abroad, he returned to Israel on his own initiative in order to aid the military in its public diplomacy efforts,” it continued. “Any attempt to initiate legal proceedings, as described in the article, is perverse and driven by political motives, and ultimately [the allegations] will be revealed as baseless.”

Col. (Res.) Pnina Sharvit-Baruch, who headed the Military Advocate General’s international law department during the Gaza War, refused to comment on Moreno-Ocampo’s remarks.

The ICC Office of the Prosecutor said officials had examined the material the court received as part of a preliminary investigation intended to determine whether it has the authority to hear cases on war crimes allegedly committed in Gaza.

Treading the borders between life and death

Ewa Jasiewicz | The Palestine Telegraph

16 September 2009

It happened at 2:30am, Wednesday, December 31 2008. Israeli helicopter gunships and warplanes had been bombing the length of the Gaza Strip. In Eastern Jabaliya, white phosphorous had been exploding over Ezbit Abid Rubbu, Al Gerem, and Jabal al Rais.

Jabal Al Rais, the President’s Mountain, renamed “The Mountain of Fire” because of the resistance in the area against incoming Israeli forces, was where Dr Ihab al Madhoun, 34, and Mohammad Al Hassira, 21, had driven to rescue suspected casualties. Both medics were inside their ambulance when it was struck by Israeli missile fire. Hassira, a medical volunteer, died instantly.

Madhoun, suffering shrapnel injuries to the head and neck lived until midday the following day. Visiting him in the Kamal Odwan Hospital in Jabaliya, I saw the experienced doctor lying bandaged up, semiconscious, with blood and brain fluid seeping from the back of his skull, writhing in pain. Hasira and just hours later, Madhoun, would join 14 other medics who lost their lives, most in the line of duty during Israel’s 22-day attack.

During Israel’s Operation Cast Lead in December 2008 – January 2009, Israeli forces killed 16 emergency medical staff and injured 57, including at least four who needed leg and arm amputations. Thirteen of the medics killed worked for the Civil Defence Service (CDSS)-a mixture of fire fighters and frontline emergency medical personnel. Eleven fire fighters were also injured, their red engines bearing bullet holes directly targeting drivers.

On the first day of Israel’s attack, Israeli warplanes destroyed half of all of the CDS’s 16 offices in the Gaza Strip. In the central governorate of Diere Balah every single CDS building was reduced to rubble within five minutes of the first attack, and tens of staff members killed. Bodies continued to be pulled out of the rubble for days after the initial bombardment.

In one day, 235 police officers, including CDS staff, were killed-an attack human rights lawyer Daniel Machover of UK legal firm Hickman and Rose claims should be recognized as a war crime. “It was a premeditated, pre-planned attack on civilian institutions, including the coming out parade of a police academy. These were not military targets, and as such, there is strong evidence to suggest the bombing of these was a war crime.”

The CDS had four of its eleven ambulances wrecked. With 600 trained rescuers, the service needs ten more to be working at full capacity. During Cast Lead the CDS was working at ten percent capacity, lacking basic equipment such as protective vests and powerful torches. “Despite 50 percent of our equipment being destroyed in the first day of the attacks, we answered 1300 cases and worked 24 hours a day,” explained Mohammad Al Atar, Chief of the CDS in Gaza.

The CDS has trained 50 women through the Ministry of Youth and Women’s Affairs to take on some of the toughest work in Gaza. Al Atar says, “A mother cannot protect her children-a child could be shot in her arms. The Palestinian woman needs training in Civil Defence to protect her family-this is a national duty.” Despite this, CDS staff has been denied uniforms for the past two years by the Israeli authorities, relying on their own thrown-together luminous orange vests and jumpers.

Not protected

The IDF’s Gaza Coordination and Liaison Administration (CLA) implied that the CDS rescuers were not protected under international law because they are “combat medics.” However, even medics tending to combatants are still protected. “Their medics were part of the Hamas medical staff and were similar to combat medics that we have in the IDF in the sense that they are soldiers,” the head of the CLA Col. Moshe Levi told The Jerusalem Post in February. Reporting for Israeli daily Ha’artez in April, Israeli journalist Amira Hass wrote of evidence of Israeli soldiers being given rules of engagement that told them to “Fire also upon rescue.”

Traumatic experiences for Palestinian medics are part of their work. Mohammad al Hissi, 34, a Gazan paramedic was part of a team struck by an Israeli artillery shell in Sudaneya in March 2002. His colleague and chief medic Sa’ed Shalai was killed, joining four other senior medics killed in the West Bank and Gaza in less than a week. Hissi, pierced all over his body with shrapnel, was brought into the emergency room with virtually no pulse. “It’s a miracle I survived,” he told me, driving his Red Crescent ambulance through the now liberated if besieged streets of Khan Younis. Colleagues called him a living martyr for months afterwards. “But I couldn’t work for about year after the attack. I just couldn’t bring myself to go out into the field again. I took on desk work, taking calls. Then when I healed, I got brave again and returned.”

Gazan medics crave relief, decompression, a break from their horrific experiences. One of Gaza’s longest serving Red Crescent medics, Ali Khalil, aged 47, was part of the team which brought the body of infant Shahed Abu Halima from the ravaged northern district of Atatara during a brief respite in Israel’s attack. Medics had been denied entry to the area for days. Despite coordination with the Red Cross, ambulances had been repeatedly fired upon, forcing medics to turn back empty-handed.

Ali found Shahed lying on the main sandy road to Atatara. “At first I thought it was a doll,” he said. She was red, bloated and her legs were missing-she had been half eaten by dogs. “I see her in my sleep,” says Ali. “I have nightmares about it. We need a rest; we need help. I think some counseling would help all of us.”

Attacks on medics are not limited to invasions. Ali’s ambulance was shot at in April whilst trying to collect two injured Islamic Jihad fighters at the border area of Ezbit Abid Rubbu in Eastern Jabaliya. The two were unable to move but were still alive when Ali tried to reach them. Unfortunately he was forced to turn back, and when he finally returned a few hours later the casualties were dead, their bodies pumped full of bullets by Israeli snipers.

“Coordination”

“I have only one coordination”, says Mahmoud Abu Speitan, Director of the Amul Hospital Red Crescent Training Institute and veteran paramedic from Khan Younis. “Ashahadu Lā ilaha illal-Lāh, Muhammadun rasūlula-Lāh,” (I testify that there is no god but God and Mohammad is his messenger)-a blessing commonly declared by Muslims when expecting to die. “This is what I say when I get inside my ambulance.”

“Coordination”-Tanseek in Arabic-refers to permission from the Israeli Occupation, organized through the International Committee for the Red Cross, to enter areas to collect the dead and injured. During Israel’s attacks in December and January “coordination” was only granted in some cases after four days-as was the case of the Samouni family, which saw over 30 people from the same family killed when homes they were sheltering in were shelled by the Israeli army.

Medics from the Tel Al Howa station close to Al Quds Hospital-which was later bombed by an F16, shelled by tanks and gutted with white phosphorous-had to walk for over a kilometer dragging a donkey cart on foot because Israeli forces banned them from taking either an ambulance or a donkey. The medics said they could not forget the white parched mouths of the child survivors they found clinging to the bodies of their parents. They dragged the injured, limp and jostling around, on the back of the carts as Israeli soldiers looked on.

Articles 14-24 of the Fourth Geneva Convention afford special protection to medical and humanitarian staff. The Convention guarantees respect for the freedom of movement of medical personnel, and ensures they be granted all necessary material facilities to perform their duties, including removal of victims, and attending to and transferring injured and sick civilians. Care of and access to the sick and injured are also enshrined in Article 17, which states that “the parties to the conflict shall endeavor to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, and for the passage of ministers of all religions, medical personnel and medical equipment on their way to such areas.”

According to the Palestinian Centre for Human Rights (PCHR), perhaps hundreds of those killed could have survived if emergency services had been able to access them promptly-the access denied to them can be defined as a deliberate violation of the Geneva Conventions and therefore a war crime.

Throughout Israel’s war on Gaza, basic, essential medical supplies and equipment including Personal Protective Equipment (PPE) were in short supply. After nearly two years of a hermetic siege, even basics like gauze, electric blood pressure monitors, spare parts, and petrol were scarce. Ministry of Health (MOH) teams in the north lacked walkie-talkies, relying instead on coordination through other services, and trusting their hearing to follow the sounds of falling bombs. The MOH ambulances in Jabaliya ran out of petrol in the final days of the attack. Concerned residents joined together to bring canisters of fuel to their operating base at Kamal Odwan Hospital and an entire convoy from the north swung into the headquarters of the United Nations in Gaza City to literally beg the UN to let them fill up.

Protective vests were limited to around four per station, meaning team members had to take turns wearing them. Perhaps, if the much admired paramedic Arafa Abdel Deim had had the luck to wear his on a run to rescue five shelled casualties, he would have survived the direct flechette shell that hit his ambulance. He died of massive blood loss. The vests the medics use-primarily in the hands of the Red Crescent, the Palestinian arm of the International Red Cross-are inadequate for the quick lifting of casualties. Made of two heavy plates of steel, they weigh down on the person like a Knight’s armor.

Ambulance crews with the CDS lacked high voltage searchlights-essential equipment for night-work. Every second spent searching fruitlessly means a second closer to a potential re-hit by Israeli forces or a second closer to a casualty turning into a fatality. Medics ended up using tiny cube-lights, shining a thin hazy beam stretching just a few feet in front of them.

Unity and solidarity

In April of this year, medics from the CDS, MOH, Union of Palestinian Medical Relief Committees, Red Crescent, and Military Services met together to establish an organizing committee for an “International Campaign of Solidarity with Palestinian Emergency Workers.” The group of over 50 gathered together to speak in a common voice, despite Israel’s attempts to divide them into categories of “legitimate” and “illegitimate” or “combat medics.”

The aims of the nascent campaign are to mobilize the international community to react to Israeli violations of international law; to stop attacks on emergency staff; to build advocacy for the observance of international law; and to organize the twinning of ambulance stations in Gaza with others around the world. The campaign also aims to secure badly needed equipment, engage in staff exchanges, and build a louder, more public and unified voice for Palestinian rescuers internationally.

According to the MOH, 100 rescuers have been killed in the past nine years-an average of one per month. To date, there has been no political cost or accountability for Israel’s targeting of Palestinian rescuers. We need to turn the spotlight on the occupation’s targeting of medical professionals-the front line in civilian resistance to Israel’s policy of massacre, collective punishment and community devastation. Making it too politically costly for Israel to keep killing rescuers is imperative to saving lives.

Solidarity campaigning for Palestinian human rights has been active since the 1948 establishment of the state of Israel on stolen and ethnically cleansed Palestinian land. A 60-year history of dispossession, massacres, home demolition, extra-judicial killing of leaders, imprisonment, land grabs, and invasions keeps repeating itself. Generations of Palestinian emergency staff have been responding to these invasions and attacks by putting out the fires that Israeli bombs have ignited, picking up the pieces of broken bodies that often break families and communities, and saving the lives that Israel wants to kill-civilian or combatant. Referred to in the Palestinian community as “unknown soldiers,” these courageous men and women are frontline witnesses to the effects that white phosphorous, flechette shells, missiles, sniper fire and bulldozers have on the human body. As such, their witness to Israeli attacks is up close and personal and hard to refute.

Medical services fulfill a strategic aim of keeping Palestinian communities together, and defending their survival on their land. They have rescued 40,000 Palestinians injured by Israeli forces since the eruption of the second intifada alone. Supporting them is key to resisting Israel’s policy of ethnic cleansing and massacre. “When we put on our uniforms, we are life-savers, it doesn’t matter who we support, which Palestinian side, we have to save lives, even those of Israeli soldiers-that’s our job, it’s the promise we make,” explains Abu Issam, a senior Paramedic with Jabaliya’s Red Crescent Society.

Following Israel’s massacres in January 2009, the number of applicants for rescuer and ambulance driver training in Gaza soared. Many Gazans were traumatized by hearing friends and family members calling local radio and television stations begging for ambulances to collect their bleeding loved ones. The rage over those who could have lived if Israel had not attacked those trying to save them has turned into a practical resistance of young men and women being prepared to sacrifice their own lives in the service of preserving the lives of others. We need to support this resistance and defend these rescuers as a clear form of “solidarity triage” in the midst of the intensifying attacks on Palestinian communities and their land.

UN says Israel should face war-crimes trial over Gaza

Donald Macintyre | The Independent

16 September 2009

Israel targeted “the people of Gaza as a whole” in the three-week military operation which is estimated to have killed more than 1,300 Palestinians at the beginning of this year, according to a UN-commissioned report published yesterday.

A UN fact-finding mission led by the Jewish South African former Supreme Court Judge Richard Goldstone said Israel should face prosecution by the International Criminal Court, unless it opened fully independent investigations of what the report said were repeated violations of international law, “possible war crimes and crimes against humanity” during the operation.

Using by far the strongest language of any of the numerous reports criticising Operation Cast Lead, the UN mission, which interviewed victims, witnesses and others in Gaza and Geneva this summer, says that while Israel had portrayed the war as self-defence in response to Hamas rocket attacks, it “considers the plan to have been directed, at least in part, at a different target: the people of Gaza as a whole”.

“In this respect the operations were in furtherance of an overall policy aimed at punishing the Gaza population for its resilience and for its apparent support for Hamas, and possibly with the intent of forcing a change in such support,” the report said. It added that some Israelis should carry “individual criminal responsibility.”

The 575-page document presented to yesterday’s session of the UN Human Rights Council in Geneva was swiftly denounced by Israel. The foreign ministry spokesman Yigal Palmor said the UN mission had “dealt a huge blow to governments seeking to defend their citizens from terror”, and that its conclusions were “so disconnected with realities on the ground that one cannot but wonder on which planet was the Gaza Strip they visited”.

The Gaza war began on 27 December 2008 and ended on 18 January 2009.

The UN report found that the statements of military and political leaders in Israel before and during the operation indicated the use of “disproportionate force”, aimed not only at the enemy but also at the “supporting infrastructure”. The mission adds: “In practice this appears to have meant the civilian population.”

The mission also had harsh conclusions about Hamas and other armed groups, acknowledging that rocket and mortar attacks have caused terror in southern Israel, and saying that where launched into civilians areas, they would “constitute war crimes” and “may amount to crimes against humanity”.

It also condemned the extrajudicial killings, detention and ill-treatment of Palestinian detainees by the Hamas regime in Gaza – as well as by the Palestinian Authority in the West Bank – and called for the release on humanitarian grounds of Gilad Shalit, the Israeli corporal abducted by Gaza militants in June 2006.

While the Israeli government refused to co-operate with the inquiry – or allow the UN team into Israel – on the ground that the team would be “one-sided”, Cpl Shalit’s father, Noam, was among those Israeli citizens who flew to Geneva to give evidence.

That said, the much greater part of the report – and its strongest language – is reserved for Israel’s conduct during the operation. Apart from the unprecedented death toll, the report says that “the destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a systematic policy by the Israeli armed forces”. The purpose was “to make the daily process of living and dignified living more difficult for the civilian population”.

The report also says that vandalism of houses by some soldiers and “the graffiti on the walls, the obscenities and often racist slogans constituted an overall image of humiliation and dehumanisation of the Palestinian population”. Hospitals and ambulances were “targeted by Israeli attacks.”

Amid a detailed examination of most of the major incidents of the war – albeit an examinations carried out five months after the incidents took place – it says that:

* The first bombing attack on Day One of the operation when children were going home from school “appears to have been calculated to cause the greatest disruption and widespread panic”.

* The deaths of 22 members of the Samouni family sheltering in a warehouse were among ones “owing to Israeli fire intentionally directed at them”, in clear breach of the Geneva Convention.

* The firing of white phosphorus shells at the UN Relief and Works Agency compound was “compounded by reckless regard of the consequences”, and the use of high explosive artillery at the al-Quds hospitals were violations of Articles 18 and 19 of the Geneva Convention. It says that warnings issued by Israel to the civilian population “cannot be considered as sufficiently effective” under the Convention.

* On the attack in the vicinity of the al-Fakhoura school, where at least 35 Palestinians were killed, Israeli forces launched an attack where a “reasonable commander” would have considered military advantage was outweighed by the risk to civilian life. The civilians had their right to life violated as under Article 6 of the International Covenant on Civil and Political Rights (ICCPR). And while some of the 99 policemen killed in incidents surveyed by the team may have been members of armed groups, others who were not also had their right to life violated.

* The inquiry team also says that a number of Palestinians were used as human shields – itself a violation of the ICCPR – including Majdi Abed Rabbo, whose complaints about being so used were first aired in The Independent. The report asserts that the use of human shields constitutes a “war crime under the Rome statute of the International Criminal Court.”