Israel Treated Gaza Like Its Own Private Death Laboratory

By Conn Hallinan, Foreign Policy. Posted February 13, 2009.

War Crimes?

Other human-rights groups, including B'Tselem, Gisha, and Physicians for Human Rights, charge that the IDF intentionally targeted medical personal, killing over a dozen, including paramedics and ambulance drivers.

The International Federation for Human Rights called on the UN Security Council to refer Israel to the International Criminal Court for possible war crimes.

Although the Israelis dismiss the war-crimes charges, the fact that the Israeli cabinet held a special meeting on January 25 to discuss the issue suggests they're concerned about being charged with "disproportionate" use of force. The Geneva Conventions require belligerents to at "all times" distinguish between combatants and civilians and to avoid "disproportionate force" in seeking military gains.

Hamas' use of unguided missiles fired at Israel would also be a war crime under the Conventions.

"The one-sidedness of casualty figures is one measure of disproportion," says Richard Falk, the UN's human rights envoy for the occupied territories. A total of 14 Israelis have been killed in the fighting, three of them civilians killed by rockets, 11 of them soldiers, four of the latter by "friendly fire." Some 50 IDF soldiers were also wounded.

In contrast, 1,330 Palestinians have died and 5,450 were injured, the overwhelming bulk of them civilians.

"This kind of fighting constitutes a blatant violation of the laws of warfare, which we ask to be investigated by the Commission of War Crimes," a coalition of Israeli human rights groups and Amnesty International said in a joint statement. "The responsibility of the state of Israel is beyond doubt."

Enter the Hague?

Israeli Prime Minister Ehud Olmert said that Justice Minister Daniel Friedmann would coordinate the defense of any soldier or commander charged with a war crime. In any case, the United States would veto any effort by the UN Security Council to refer Israelis to the International Court at The Hague.

But, as the Financial Times points out, "all countries have an obligation to search out those accused of 'grave' breaches of the rules of war and to put them on trial or extradite them to a country that will."

That was the basis under which the British police arrested Chilean dictator Augusto Pinochet in 1998.

"We're in a seismic shift in international law," Amnesty International legal advisor Christopher Hall told the Financial Times, who says Israel's foreign ministry is already examining the risk to Israelis who travel abroad.

"It's like walking across the street against a red light," he says. "The risk may be low, but you're going to think twice before committing a crime or traveling if you have committed one."

Copyright -- 2009 Foreign Policy in Focus.

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Conn Hallinan is a Foreign Policy In Focus columnist.

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