BOTH Israel and armed Palestinian groups in Gaza are severely
criticised in a report by a United Nations Independent Commission
of Inquiry into the 2014 Gaza conflict, which was published this
week.
It cites "substantial information", pointing to the possible
commission of war crimes by the two sides, saying that suspected
war criminals "at all levels of the political and military
establishments" should be brought to justice. In the view of the
inquiry, "countries should actively support the work of the
International Criminal Court in relation to the Occupied
Palestinian Territory".
Israel said that it would study the findings seriously, but
upheld its scepticism of such UN investigations, calling the body
"a notoriously biased institution". A government statement noted
that it was "well known that the entire process that led to the
production of this report was politically motivated and morally
flawed from the outset".
The Israeli government said that it was regrettable that the UN
inquiry did not highlight the "profound difference between Israel's
moral behaviour" and that of "the terror organisations it
confronted".
A spokesman for Hamas said that the group welcomed "the report's
condemnation of the Zionist occupier for its war crimes during the
last war against Gaza". The chief Palestinian negotiator, Saeb
Erekat, urged "the international community to recall that the only
true path to peace lies in ending the Israeli occupation that began
in 1967, and in ending crime and the impunity with which it
continues to be perpetrated against our people".
Justice Mary McGowan Davis, who chaired the inquiry, said that
the "extent of the devastation and human suffering in Gaza was
unprecedented". She said that "there is also ongoing fear in Israel
among communities who come under regular threat" from armed groups
in Gaza.
The UN reports that Israel carried out more than 6000
airstrikes, and fired about 50,000 tank and artillery shells into
Gaza, during the 51-day operation in July and August 2014. A total
of 1462 Palestinian civilians were killed, one third of them
children. Palestinian armed groups fired 4881 rockets and 1753
mortars towards Israel, killing six civilians and injuring at least
1600.
The UN report says that hundreds of Palestinian civilians were
killed in their own homes, the majority of them women and children.
Survivors gave graphic testimony, describing air-strikes that
reduced buildings to piles of dust and rubble in seconds.
"I woke up . . . in the hospital, and I later learned that my
sister, mother, and my children had all died," a member of the Al
Najjar family said, after an attack in Khan Younis on 26 July that
killed 19 of his relatives. "We all died that day, even those who
survived."
At least 142 families lost three or more members in an attack on
a residential building that resulted in 742 deaths. The UN
commission said: "The fact that Israel did not revise its practice
of air-strikes, even after their dire effects on civilians became
apparent, raises the question of whether this was part of a broader
policy which was at least tacitly approved at the highest level of
government."
The commission expressed its concern at Israel's "extensive use
of weapons with a wide kill-and-injury radius; though not illegal,
their use in densely populated areas is highly likely to kill
combatants and civilians indiscriminately.
"There appears also to be a pattern whereby the IDF [Israel
Defense Forces] issued warnings to people to leave a neighbourhood
and then automatically considered anyone remaining to be a
fighter", a practice that made attacks on civilians highly
likely.
The UN report said that the 2014 hostilities also caused
"immense distress and disruption to the lives of civilians in
Israel". The indiscriminate firing of thousands of rockets and
mortars at Israel "appeared to have the intention of spreading
terror among civilians there".
The commission was appointed by the UN Human Rights Council in
September 2014 to investigate all violations of international
humanitarian law and international human-rights law in the context
of the military operations.
International law
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