Friday 14 August 2009

Human Rights Watch White Flag Report

When A White Flag Becomes A Target!

"The Israeli military is stonewalling in the face of evidence that its soldiers killed civilians waving white flags in areas it controlled and where there were no Palestinian fighters. These cases need thorough, independent investigations."

~Joe Stork (Deputy Director) Human Rights Watch (Middle East)~

Human Rights Watch has released the latest in serious damning reports on human rights violations during the 22 Day war in Gaza. Each report has scrutinised various accusations of IDF troops flouting international human rights interventions including White Phosphorous use, Israeli drone attacks, indiscriminate Israeli fire and Hamas rocket attacks into Israel.


Their 6th report (63-pages) entitled, "White Flag Deaths: Killings of Palestinian
Civilians during Operation Cast Lead”, alleging blatant disregard to rules of engagement during Israel’s recent 22 Day Invasion of the Gaza Strip. Yet again this report alludes to the perpetration of potential war crimes upon innocent Palestinian civilians.


Their previous 5 reports along with those compiled by the International Red Cross and Amnesty International, have been discounted by Israeli authorities as being pro-Palestinian. However, ‘Breaking the Silence’, an Israeli organisation produced a report based upon the testimonies from front line Israeli troops actively involved during the 22 Day bombardment. The intricacies of their findings and how they correlated to those of those of the fore mentioned human rights organisations have already been examined by the Rebels Yell in two previous posts ‘Breaking The Silence’[Part 1] and [Part 2].  In a bid to stem this wave of negative criticism Israel released their own counter report called "The Operation in Gaza - Legal and Factual Aspects," which the Rebels Yell also scrutinised here . It is suffice to say that the central recurrent theme of all these human rights reports has been the allegation of IDF troops war crimes against residents of the Gaza Strip.

This meticulous document explicitly probes into 11 civilian fatalities during Operation Cast Lead where innocent Palestinians were gunned down whilst waving white flags. In all cases examined the civilians were explicitly attempting to distinguish themselves from combatants in the war torn enclave. During the course of the Human Rights Watch investigations the Israel Defense Force (IDF) refused numerous invitations to meet with the organisation to discuss these allegations and failed to reply to written requests presented to them regarding the incidents.

If the allegations are substantiated then 11 Palestinian civilians included 5 women and 4 children were shot in cold blood by Israeli Defense Force (IDF) personnel as they tried to flee the hostilities. Human Rights Watch has urged the Israeli authorities to perform scrutinising and authenticable internal inquiries into the alleged atrocities in order to counteract the culture of impunity that exists regarding IDF protocol during the invasion.

"White Flag Deaths: Killings of Palestinian Civilians during Operation Cast Lead," was compiled on the basis of exhaustive field work analysis of seven alleged scenes within Gaza where white flag fatalities were reported. Human Rights Watch analysis of the allegations included irrefutable examination of ballistic reports compiled for each case, documented medical evidence pertaining to each victim, and exhaustive interviewing of eye-witnesses (minimum 3 people) to the each crime scene.

Whilst these 11 Palestinian fatalities, constitute a tiny proportion of the 1,100 plus Gazan fatalities during the 22 Days of Operation: Cast Lead, it is the manner of their deaths which is highly alarming. ALL these civilian killings have one common thread linking them; They were waving internationally identifiable conflict zone SYMBOLS (WHIT FLAGS AND/OR GARMENTS) of civilian status. Significantly, Human Rights Watch also revealed that there were NO Palestinian fighters in any of the areas when the killings took place.

This latter observation strictly refutes IDF claims to the contrary that Palestinian deaths were of a direct consequence of Hamas using civilians (Human Shields) and heavily populated areas to launch counter attacks on Israeli forces. The IDF has produced alleged claims from two of their commanders that Palestinian fighters were using the disguise of white flags to protect themselves but no corroborating evidence to substantiate both claims was provided. In an attempt to legitimize their soldiers actions an IDF statement read;

"Any person who displays a white flag in this way acts illegally, does not enjoy protection from retaliatory action, and endangers nearby civilian populations."

Human Rights Watch has drawn two possible scenarios to explain IDF personnel actions during each of the incidents. The first is that irrefutable evidence exists that Israeli troops did not employ sufficient precautions to differentiate between Palestinian civilians and combatants as stipulated by the laws of war. The second scenario is in fact the deliberate targeting by IDF personnel of Palestinian civilians which under international constitutes a WAR CRIME.

This WAR CRIME allegation can be substantiated by one particular incident investigated of the crime scene by Human Rights Watch. It took place in eastern Jabalya (07/01/09) and involved 5 members (2 women and 3 girls) of the Khalid ‘Abd Rabbo family. As they stood waving their white flags outside their house an IDF soldier opened fire instantly slaying two of the young girls (aged 2 and 7 respectively) and wounding the third along with their grandmother.

The grandmother in question testified to Human Rights Watch; "We spent seven to nine minutes waving the flags, and our faces were looking at them [the soldiers],.................."And suddenly they opened fire and the girls fell to the ground."

The Human Rights Watch report also reveals that in five of the seven incidents that unarmed civilians visibly brandishing white flags, were shot by IDF whilst attempting to escape from conflict areas.

One particular incident (13/01/09) is the day time shooting by an IDF soldier of two Palestinian women as they walked down a straight road in full view whilst holding a white flag after being ordered by Israeli personnel to leave the vicinity. As they compliantly left the hostile zone, Rawiya al-Najjar (47) who was carrying the white flag was shot dead and her relative, Jasmin al-Najjar (23), was wounded. Israeli soldiers who had commandeered a Palestinian house 230 yards further down the road had speciously failed to fire any warning shots to dissuade the oncoming women.

On July 29th, faced with increased international condemnation, Israeli military officials claimed to be actively conducting "field investigations” into five white flag related shootings perpetrated by their soldiers during Operation: Cast Lead. Of the five cases purported to be under Israeli scrutiny at least 2 (‘Abd Rabbo and al-Najjar cases) were also included in the Human Rights Watch report. However, as of the August 10th there has been no official approach to either family by IDF personnel involved in their internal investigations.

Consequently, Human Rights Watch has called for a full impartial investigation into the alleged incidents by an international body to counter act an endemic culture of impunity which exists with the Israeli military structure. Their Middle East Deputy Director Joe Stork claimed;

"The Israel Defense Forces have for years permitted a pervasive culture of impunity regarding unlawful Palestinian deaths...................Field investigations may serve a useful military purpose, but they are inadequate to determine whether a soldier violated the laws of war, and serve as a pretext that a serious investigation is taking place."

The human rights watch dog has also appealed to UN member states to implement a specific apparatus to accurately assess how both Israel and Hamas undertake their own inquiries into alleged breaches of laws-of-war by their combatants.

"White Flag Deaths: Killings of Palestinian Civilians during Operation Cast Lead”
can be read in its’ entirety here

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