Alleged violations of international humanitarian law 2014 Israel–Gaza conflict

1 human shields

1.1 use of civilian structures military purposes

1.1.1 in israel
1.1.2 legality


1.2 medical facilities , personnel
1.3 urging or forcing civilians stay in homes

human shields

the un high commissioner human rights navi pillay accused hamas militants of violating international humanitarian law locating rockets within schools , hospitals, or launching these rockets densely populated areas. european union condemned hamas, , in particular condemned calls on civilian population of gaza provide human shields. confirmation of practice produced correspondents france24, financial times, , rt, respectively filmed rocket launch pad placed in civilian area next hotel international journalists staying, reported on rockets being fired near al-shifa hospital, , reported on hamas firing rockets near hotel. in september 2014, hamas official acknowledged associated press reporter group had fired rockets civilian areas.

while israeli government repeatedly stated many civilian casualties result of hamas using gazan population human shields several british media organizations (including guardian, , independent) dismissed such claims myths , bbc s middle east editor jeremy bowen likewise said saw no evidence of hamas using palestinians human shields. additionally london-based ngo, amnesty international, dismissed such claims, stated unable verify them , emphasized if true idf still have responsibility protect civilians.

the statements fall 2 categories: using civilian structures homes, mosques , hospitals store munitions in or launch rockets from, , urging or forcing civilian population stay in homes, shield militants. israeli soldiers have said hamas operatives directly employed women , children involuntary human shields evade pursuit, while hamas , others have said such accusations false. asa kasher, helped write israel defense forces s code of conduct, argued israel cannot forfeit ability protect citizens against attacks because terrorists hide behind non-combatants. if did so, giving right self-defense.

use of civilian structures military purposes

in 2015 report, amnesty international states there credible reports that, in cases, palestinian armed groups launched rockets or mortars within civilian facilities or compounds, including schools, @ least 1 hospital , greek orthodox church in gaza city. in @ least 2 cases, accounts indicate attacks launched in spite of fact displaced gazan civilians sheltering in compounds or in neighbouring buildings. .

israel has stated many mosques, schools , hospitals used store weapons. idf spokesman said mortar shells fired boys school served shelter refugees. there reports of use of mosques store weapons, , having launch sites close civilian structures. gaza s greek orthodox archbishop has said hamas used church compound, sheltered 2000 muslim civilians, launch rockets israel. france 24 correspondent gallagher fenwick reported hamas rocket-launching pad placed in densely populated neighborhood of gaza city, 50 meters hotel majority of international media staying , 100 meters un building. fenwick said children can seen playing on , near rocket launcher .

israel released footage of palestinian militants launching rockets school , cemetery. in @ least 1 case cemetery targeted israeli airstrike.

according shabak, israeli internal security service, militants, when interrogated, admitted using civilian buildings military purposes. admissions included more ten mosques used gatherings, training, storage of weapons, tunnel activities , military observations. during interrogations, 1 militant said instructed in case of successful abduction using tunnel take victim kindergarten located near opening.

explosives allegedly 2 steps away baby s bed in gaza during war.

on 24 august, israel released part of says hamas training manual on urban warfare, states process of hiding ammunition inside buildings intended ambushes in residential areas , move campaign open areas built , closed areas , residents of area should used bring in equipment...take advantage of avoid [israeli] spy planes , attack drones. manual explains how fighting within civilian population makes idf operations difficult , benefits of civilian deaths are. hamas spokesman sami abu zuhri dismissed document forgery...aimed @ justifying mass killings of palestinian civilians.

on 12 september, ghazi hamad, senior hamas official, acknowledged first time hamas did fire rockets civilian areas , said mistakes made .

in israel

israeli , jewish critics of war, including uri avnery , gideon levy wrote in own war of independence in 1948 (and earlier), jews hid weapons in synagogues, kindergartens , schools well. other critics have noted headquarters of idf , shin bet, israeli military training facility, located near civilian centers. correctness of such comparison denied ross singer, notes legacy of both irgun , lehi , large degree still matter of public debate , while zionist paramilitary groups if ever fired weapons within civilian population centers , routinely evacuated civilians areas of conflict. commentators brought current high population density of gaza in conjunction palestinian military activities , installations being in or near civilian structures.

legality

using civilian structures store munitions , launch attacks unlawful, , fourth geneva convention states presence of protected person may not used render points or areas immune military operations. on other hand, convention says violation of these prohibitions shall not release parties conflict legal obligations respect civilian population , civilians, including obligation take precautionary measures.

according harriet sherwood, writer guardian, if hamas violating law on matter, not legally justify israel s bombing of areas civilians known be. amnesty international stated indiscriminate , disproportionate attacks (where number of civilian casualties or damage civilian property outweighs anticipated military advantage gained) … prohibited. said israel s relentless air assault on gaza has seen forces flagrantly disregard civilian life , property . human rights watch has said in many cases israeli military has presented no information show attacking lawful military objectives or acted minimize civilian casualties. investigation human rights watch found in of sites investigated far (in conflict) found no valid military targets . high-level group of former diplomats , military experts concluded idf acted within bounds of international law during war. israeli government issued report saying military actions lawful , legitimate , israel made substantial efforts avoid civilian deaths. high level military group, composed of military experts australia, colombia, france, germany, india, italy, britain, united states, , spain, released assessment on operation protective edge acknowledging israel made unprecedented efforts avoid civilian casualties exceeding international standards.

medical facilities , personnel

photo taken during 72-hour ceasefire between hamas , israel on 6 august 2014. destroyed ambulance in shuja iyya in gaza strip.

medical units including hospitals , medical personnel have special protections under international humanitarian law. lose protection if commit, outside humanitarian function, acts harmful enemy. more 25 medical facilities damaged in conflict; 1 attack on al-aqsa hospital killed 5 people. in many cases, ambulances , other medical personnel hit. amnesty international has condemned attacks , said there mounting evidence israel deliberately targeted hospitals , medical personnel; israel said had not.

a finnish reporter helsingin sanomat reported seeing rockets fired near gaza al-shifa hospital. idf said in several cases hamas used wafa hospital military base , used ambulances transport fighters. according israeli shabak, many of militants interrogated said knew hamas leaders using hospitals hiding. hamas security reportedly wore police uniforms , blocked access parts of hospitals. 1 of interrogated militants reportedly said civilians seeking medical attention thrown out security. washington post described al-shifa hospital de facto headquarters hamas leaders, can seen in hallways , offices. amnesty international reported that: hamas forces used abandoned areas of al-shifa hospital in gaza city, including outpatients’ clinic area, detain, interrogate, torture , otherwise ill-treat suspects, other parts of hospital continued function medical centre .

french-palestinian journalist radjaa abu dagga reported hamas militants interrogated him in gaza s main hospital (al-shifa); report later removed paper s website @ request.

mohammed al falahi, secretary general of red crescent, uae said hamas militants fired on israeli planes red crescent s field hospital in order provoke retaliation, attacked red crescent team on way , planted land mines on path.

urging or forcing civilians stay in homes

the idf has released photographs says show civilians on rooftops, , video of hamas spokesperson sami abu zuhri saying fact people willing sacrifice against israeli warplanes in order protect homes […] proving . eu has condemned calls on civilian population of gaza provide human shields , congress-members introduced bills condemning hamas using human shields. civilians , activists in gaza used human shields in attempts prevent israeli attacks.

hamas officials said human shields not used. 1 gazan stated nobody safe , nobody can flee anywhere because everywhere targeted. many reporters, including bbc, independent , guardian said found no evidence of hamas forcing palestinians stay , become unwilling human shields.

fatah officials said hamas placed on 250 fatah members under house arrest or in jail, putting them under threat of being killed israeli strikes , shooting them in legs or breaking limbs if tried leave. according abbas, more 300 fatah members placed under house arrest , 120 executed fleeing.

amnesty international reported did not have evidence @ point palestinian civilians intentionally used hamas or palestinian armed groups during current hostilities shield specific locations or military personnel or equipment israeli attacks . additionally said public statements referring entire areas not same directing specific civilians remain in homes human shields fighters, munitions, or military equipment , if officials or fighters hamas or palestinian armed groups … did in fact direct civilians remain in specific location in order shield military objectives …, of israel s obligations protect these civilians still apply. human rights watch said many of attacks on targets appeared disproportionate , indiscriminate .

human rights watch attributed many civilian deaths lack of safe places flee to, , accused israel of firing @ fleeing civilians. stated there many reasons prevent civilians abiding warnings, , failure abide warnings not make civilians lawful targets.

a survey of gazan residents gatestone institute addressed subject of human shields, respondents issuing statements such people received warnings israelis , tried evacuate... hamas shot of people... rest forced return homes , bombed ; hamas imposed curfew: walking out in street shot without being asked questions. way hamas made sure people had stay in homes if bombed ; , father received text-message israeli army warning him our area going bombed, , hamas prevented leaving.