UN accuses Israel of committing war crimes in Gaza

www.timesonline.co.uk

A fact-finding team from the United Nations has accused Israel of committing war crimes in Gaza. The investigation set up by the Human Rights Council concluded that Israeli forces had been systematically reckless in their use of white phosphorus during the Gaza war earlier this year.

The investigators said in their report: “The mission believes that serious consideration should be given to banning the use of white phosphorus in built-up areas.”

They singled out three Israeli attacks using white phosphorus — which is deployed as a smokescreen — saying that they were disproportionate or excessive under international law.

They said that Israel failed to take “all feasible precautions” in using white phosphorus shells in the attack on the UN Relief and Works Agency compound in Gaza City on January 15 despite the presence of up to 700 civilians. It also criticised the use of white phosphorus in attacks on Al Quds and Al Wafa hospitals.

The report accused Israel of breaking international law by deliberately attacking civilians, using Palestinians as “human shields” and torturing detainees. It added that the continuing Israeli blockade of Gaza could constitute persecution — a crime against humanity.

The Times was the first newspaper to expose Israel’s use of white phosphorus in civilian areas of Gaza during Operation Cast Lead, which was aimed at stopping Hamas rockets being fired at Israel.

It began on December 27 last year and ended on January 18. An Israeli human rights group, B’Tselem, said last week that 773 of the 1,387 Palestinians killed were civilians.

The report said that Palestinian armed groups had also committed war crimes and possibly crimes against humanity by indiscriminately firing rockets at civilians in southern Israel.

The mission urged the UN Security Council to give both sides six months to investigate and prosecute offenders before turning the matter over the prosecutor of the International Criminal Court, a recommendation unlikely to be followed by the council.

The mission was set up in April by the UN Human Rights Council, which has a record of criticising Israel. It was led by Richard Goldstone, a South African judge who headed a commission on political violence in his homeland. Israel refused to co-operate with the investigation and yesterday dismissed its findings as prejudged.