GAZA

Debunking Israel’s Justification: Why Pillar of Defence breaches International Law

http://occupynewsnetwork.co.uk/debunking-israels-justification-why-pillar-of-defence-breaches-international-law/

Matthew Varnham

This article is correct at the time of publication; 23:50 21 November 2012.

Ceasefire – Time to Reflect

As we enter the eighth day of the Israeli offensive in Gaza at a point where each side have agreed a ceasefire, it is perhaps time to reflect. As the crisis continues and more people die, I invite you to consider your place in what is happening.

Many Western governments have reiterated their support of Israel for its right to defend itself and whilst most claim to be placing pressure on the Israeli administration to hold off a land invasion, they see no hypocrisy in suggesting that Hamas bears principle responsibility for the current situation. [1] I will explain why this is simply not true, and why you should be compelled to make it clear to your respective Governments that you do not support what is happening.

The current operation, dubbed ‘Pillar of Defence’, started when Israel carried out a strategic assassination of Ahmed Al-Jabari.As head of the military wing of Hamas, the Israeli Defence Force justified this assassination suggesting that Al-Jabari was a man with much blood on his hands. They further suggest that the most recent offensive is in fact a defensive response to rockets that have been fired into Israel, and that the objective of the operation is to ‘rebuild deterrence.’

Who was Ahmed Al-Jabari and why did he have to die?

Ahmed al Jabari

Al-Jabari, as head of the military wing of Hamas, must bear responsibility for many of the rockets that have been fired into Israel in recent years; yet it is apparent that he was a man who, since the Arab Spring, recognised the futility of continuing to fire rockets as targets were often missed, and the response was always absolute.

He was, at the point of his assassination, working with Israel’s Gershon Baskin and Egyptian Intelligence on a permanent truce agreement with Israel. The agreement included mechanisms for maintaining the cease-fire in case of a flare-up between factions in the Gaza Strip and gave a clear definitions of breaches. [2]

The agreement was perhaps the last opportunity for a long-term resolution of the ongoing conflict. The Israeli government assassinated Al-Jabari knowing about this draft Peace agreement, knowing that Al-Jabari was perhaps the only person who could enforce it. Despite this, they decided to return to conflict. Baksin suggests that Israel:

“have made a strategic mistake,” an error “which will cost the lives of quite a number of innocent people on both sides.” [3]

Why now?

The Middle East is changing and the Arab Spring, the legacy of which is ongoing in Syria, will have sent a strong message to the Israeli Government. The region has chosen democracy, it has chosen to be self-determinant and its people have vowed to fight against those who would oppress them.

Since the Arab Spring, Israel has lost many friends. Prior to the overthrow of Egypt’s former dictator Hosni Mubarak, Israel would have had a friend in Egypt. Now that Egypt’s democratically elected ‘Muslim Brotherhood’ have demonstrated their support for Hamas, Israel is increasingly isolated. Peace would invariably require compromise, and as Israel is increasingly losing its bargaining chips, peace may not be in the interests of the current Israeli administration. There are two reasons why a military offensive may be happening at this point: the Israeli elections and Palestinian President Mahmoud Abbas’ application to the United Nations for Palestinian Statehood.

With elections due so soon in Israel – and given that Israeli Prime Minister Netanyahu backed the wrong man for the White House and has failed to garner support for military intervention in Iran – Israel’s current right-wing administration needs to find a way to appear strong. Whilst lessons have perhaps been learnt – with the total deaths on the Palestinian side approximately 10% of the total during Operation Cast Lead in 2008, in which over 1,400 people died – the possibility that this offensive has been launched to encourage support for the Government prior to an election is disconcerting and makes a mockery of casualties on both sides. It is also very short sighted.

Minister Netanyahu

Netanyahu has historically shown contempt for any attempt at Peace, perhaps most blatantly when he was unknowingly recorded saying the following;

“They asked me before the election if I’d honor [the Oslo accords]… I said I would, but … I’m going to interpret the accords in such a way that would allow me to put an end to this galloping forward to the ’67 borders. How did we do it? Nobody said what defined military zones were. Defined military zones are security zones; as far as I’m concerned, the entire Jordan Valley is a defined military zone. Go argue.” [4]

It is this contempt that should enrage the Israeli electorate who, in the last several days, have faced attack in locations as far apart as Tel Aviv and Bethlehem. The decision to engage in this offensive has the potential to backfire on Netanyahu when the electorate realise that the assassination of Al-Jabari ended what was possibly the last chance of lasting peace. Yet, Netanyahu is perhaps looking a bit further ahead.

Palestinian President Mahmoud Abbas is due to address the United Nations [UN] General Assembly [GA] on November 29 to request that the Palestine Liberation Organisation [PLO] be considered a ‘Non-Member Observer State’. At present Palestine has only ‘observer status’.

Submitted in September 2011, this application if accepted would ensure full recognition of the PLO as a sovereign state based on the borders of 1967, prior to Israel’s continued incursion into the West Bank. [5] This would oblige Israel to return land it has taken in violation of Security Council [SC] Resolutions 446 (in 1979) [6] and Resolution 465 (in 1980) [7] . It would further give Palestine the potential for recourse in the International Criminal Court [ICC] where it could challenge Israel’s flagrant breach of the Fourth Geneva Convention [8] and further breaches of international humanitarian law for its continued embargo.

Although membership of the ICC is not automatic or guaranteed for a Non-Member Observer State, Article 12 of the Rome Statute has previously prevented the PLO from making an application to the court as applicants are required to be ‘States.’ Recognition as a State would allow the PLO to apply for protection of the ICC. [9] Unlike the UN Security Council, where the power of veto would invariably be yielded, no such power exists within the UN GA.

For the PLO to be recognised as a ‘Non-Member Observer State’ it need only achieve a majority vote. The PLO is expected to win a very respectable majority with additional extensive support from European citizens, [10] but with this win there would be consequences. Israeli Foreign Minister Avigdor Lieberman in a paper recently distributed to the media claimed that toppling President Abbas “was Israel’s only viable option” if the President pursues his application for Statehood. He listed other punitive measures which include [further] financial penalties and the acceleration of settlement expansion [11] contrary to international law.

Whilst it is not clear how Israel could legitimately topple a democratically elected President and Government, what is apparent is that this application puts Israel on the back-foot.

Israel’s right to defend itself

Israel has a right to defend itself through International Law. This right is enshrined in Article 51 of the UN Charter which states:

“Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” [12]

The right of self-defence is also protected in Customary International Law through the ‘Caroline Doctrine’ which states that anticipatory action was allowed only when

“the necessity of that self-defence is instant, overwhelming, and leaving no choice of means, and no moment for deliberation.” [13]

It is on these grounds that many Western governments assert their support for Israel, yet there appear to be a number of problems with this reasoning. Armed attack within the meaning of Article 51 is an armed attack from a State. Hamas is not a State, nor can it be considered a de-facto State, so it is unclear whether Article 51 could apply.

In addition, a targeted assassination such as the killing of Al-Jabari doesn’t fulfill the imminence necessary to justify an armed response, as he was not in the process of carrying out an attack. Israel is pushing the boundaries, and possibly breaking international law on this point. [14]

Humanitarian Law further requires that targets are combatants, ie not civilians. The Third Geneva Convention, relating to the International Law of War prohibits the intentional killing of civilians. Article 3 provides that it is unlawful for the targeting of persons taking no active part in hostilities, further stating it:

…shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:
(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. [15]

The targeting of civilians, or the acceptance of ‘collateral damage’ is something that I will address at a later point, but it is clear that the current offensive risks breaching Article 3.

International law further requires that any self-defence is proportionate. The basis of this international standard is based on the Hague Regulations of 1907 but was reaffirmed in 2003 when Chief Prosecutor of the ICC Luis Moreno-Ocampo published an open letter regarding his investigation of alleged war crimes during the 2003 invasion of Iraq. In it, he asserts:

“Under international humanitarian law and the Rome Statute, the death of civilians during an armed conflict, no matter how grave and regrettable, does not in itself constitute a war crime. International humanitarian law and the Rome Statute permit belligerents to carry out proportionate attacks against military objectives, even when it is known that some civilian deaths or injuries will occur.

A crime occurs if there is an intentional attack directed against civilians (principle of distinction) (Article 8(2)(b)(i)) or an attack is launched on a military objective in the knowledge that the incidental civilian injuries would be clearly excessive in relation to the anticipated military advantage (principle of proportionality) (Article 8(2)(b)(iv).

Article 8(2)(b)(iv) criminalizes: Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

Article 8(2)(b)(iv) draws on the principles in Article 51(5)(b) of the 1977 Additional Protocol I to the 1949 Geneva Conventions, but restricts the criminal prohibition to cases that are “clearly” excessive. The application of Article 8(2)(b)(iv) requires, inter alia, an assessment of:
(a) the anticipated civilian damage or injury;
(b) the anticipated military advantage;
(c) and whether (a) was “clearly excessive” in relation to (b). [16]

Analysis of what is considered proportionate will invariably depend on the perceived military advantage of a particular strike. Moreno-Ocampo’s application of the proportionality doctrine would appear to apply to individual strikes so would not apply to the entirety of a military operation.

Each strike would have to be justifiable. As many of the targets of the current offensive have been residential premises, and given the high proportion of the dead are civilian, it is unclear how these deaths could be considered proportionate self-defence.

What we learn from 2008

Israel’s Operation Cast Lead in 2008 killed an estimated 1,417 Palestinians. The number of Israelis killed was 13 (4 of which were a result of friendly fire). This three week armed conflict which resulted in global condemnation involved extensive air and naval attacks followed by a ground invasion. During the operation international journalists were banned from entering the Gaza strip for “security reasons.” [17] This led to speculation that Israel was engaging in a massacre. The UN appointed South Africa’s Justice Richard Goldstone to engage in a Fact Finding Mission on the Gaza Conflict which led to his report. [18] This report made the following assessments:

“…the policy of blockade that preceded the operations and that in the Mission’s view amounts to collective punishment intentionally inflicted by the Government of Israel on the people of the Gaza Strip. When the operations began, the Gaza Strip had been under a severe regime of closures and restrictions on the movement of people, goods and services for almost three years. This included basic necessities of life, such as food and medical supplies, and products required for the conduct of daily life, such as fuel, electricity, school items, and repair and construction material. These measures were imposed by Israel purportedly to isolate and weaken Hamas after its electoral victory in view of the perceived continuing threat to Israel’s security that it represented. Their effect was compounded by the withholding of financial and other assistance by some donors on similar grounds. Adding hardship to the already difficult situation in the Gaza Strip, the effects of the prolonged blockade did not spare any aspect of the life of Gazans. Prior to the military operation, the Gaza economy had been depleted, the health sector beleaguered, the population had been made dependent on humanitarian assistance for survival and the conduct of daily life. Men, women and children were psychologically suffering from long-standing poverty, insecurity and violence, and enforced confinement in a heavily overcrowded territory. The dignity of the people of Gaza had been severely eroded. This was the situation in the Gaza Strip when the Israeli armed forces launched their offensive in December 2008. The military operations and the manner in which they were conducted considerably exacerbated the aforementioned effects of the blockade. The result, in a very short time, was unprecedented long-term damage both to the people and to their development and recovery prospects.” (emphasis added) [19]

Further recognising that;

“When the Mission conducted its first visit to the Gaza Strip in early June 2009, almost five months had passed since the end of the Israeli military operations. The devastating effects of the operations on the population were, however, unequivocally manifest. In addition to the visible destruction of houses, factories, wells, schools, hospitals, police stations and other public buildings, the sight of families, including the elderly and children, still living amid the rubble of their former dwellings – no reconstruction possible due to the continuing blockade – was evidence of the protracted impact of the operations on the living conditions of the Gaza population. Reports of the trauma suffered during the attacks, the stress due to the uncertainty about the future, the hardship of life and the fear of further attacks, pointed to less tangible but not less real long-term effects.” (emphasis added)[20]

Concluding that;

“…the operations were in furtherance of an overall policy aimed at punishing the Gaza population for its resilience and for its apparent support for Hamas, and possibly with the intent of forcing a change in such support. The Mission considers this position to be firmly based in fact, bearing in mind what it saw and heard on the ground, what it read in the accounts of soldiers who served in the campaign, and what it heard and read from current and former military officers and political leaders whom the Mission considers to be representative of the thinking that informed the policy and strategy of the military operations.” (emphasis added) [21] suggesting “…It is important that the international community asserts formally and unequivocally that such violence to the most basic fundamental rights and freedoms of individuals should not be overlooked and should becondemned.” (emphasis added) [22]

The report also stated that;

“What makes the application and assessment of proportionality difficult in respect of many of the events investigated by the Mission is that deeds by the Israeli armed forces and words of military and political leaders prior to and during the operations indicate that, as a whole, they were premised on a deliberate policy of disproportionate force aimed not at the enemy but at the “supporting infrastructure.” In practice, this appears to have meant the civilian population.” (emphasis added) [23] further suggesting that “The timing of the first Israeli attack, at 11.30 a.m. on a weekday, when children were returning from school and the streets of Gaza were crowded with people going about their daily business, appears to have been calculated to create the greatest disruption and widespread panic among the civilian population. The treatment of many civilians detained or even killed while trying to surrender is one manifestation of the way in which the effective rules of engagement, standard operating procedures and instructions to the troops on the ground appear to have been framed in order to create an environment in which due regard for civilian lives and basic human dignity was replaced with disregard for basic international humanitarian law and human rights norms.” (emphasis added) [24]

Concluding that;

“The repeated failure to distinguish between combatants and civilians appears to the Mission to have been the result of deliberate guidance issued to soldiers, as described by some of them, and not the result of occasional lapses.” (emphasis added) [25] further recognising that “It is clear from evidence gathered by the Mission thatthe destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a deliberate and systematic policy by the Israeli armed forces. It was not carried out because those objects presented a military threat or opportunity, but to make the daily process of living, and dignified living, more difficult for the civilian population.” (emphasis added) [26]

The reports recommendation was that responsibility should reside with those who designed, planned, ordered and oversaw an operation which was a;

“…deliberately disproportionate attack designed to punish, humiliate and terrorize a civilian population, radically diminish its local economic capacity both to work and to provide for itself, and to force upon it an ever increasing sense of dependency and vulnerability.” (emphasis added) [27]

Subsequent to this report, the UN Human Rights Council [HRC] ordered that due to its violations, Israel should assist in the repair of the damages. The continued blockade prevented this from happening, with the UN HRC concluding in September 2012 that 75% of replacement homes have not been constructed. [28]

Further criticism of the 2008 Israeli operation have resulted from its use of chemical weapons such as white phosphorous which the Report recommends should be banned given the hazards associated with its use. [29] In relation to its use over a UN compound in Gaza, and the al-Quds and al-Wafa hospitals, the Report suggests that Israel is in violation of the Additional Protocol I of the Geneva Convention relating to the Protection of Victims of International Conflict.Article 57(2)(a)(ii) states feasible precautions should be taken to avoid or minimise incidental loss of civilian life, injury to civilians and damage to civilian objects. [30]Israel are in further violation of Articles 17 and 18 of the Fourth Geneva Convention for targeting hospitals. [31]

What we can learn from the 2008 offensive is that Israel has little regard for recognising their obligations under International Law. Its failure to recognise the findings of the Goldstone report and prosecute those whom the Report find responsible for Israel’s violations of is an issue of further concern. For the sake of impartiality, it is important to recognise that the Goldstone report recognises breaches of humanitarian law and reports potential war crimes from both the Israelis and Palestinians.

Pillar of Defence – how does it compare?

Whilst Israel’s past failures should not be assumed to apply to the current offensive, it is perhaps worthwhile keeping the above in mind. As with the 2008 conflict, Operation Pillar of Defence has been justified, and subsequently supported by many the Western governments, on the basis that Israel has a right to defend itself. Unlike Operation Cast Lead, Pillar of Defence has not sought to restrict the entrance of international journalists into Gaza.

Targeting the Media
We have, however, seen the targeting of two media buildings and reports has come in suggesting that a vehicle clearly marked as ‘PRESS’ has been hit, killing two journalists. These journalists were Mahmoud Ali Ahmad Al-Koomi and Hussam Mohammed Abderrahman Salama. Justification of the attack on the buildings used by the media was made on the grounds that the Israeli Defence Force were targeting Hamas operational communications, blaming Hamas for using the inhabitants of the building as human shields. Sam Kiley, the Middle East correspondent for Sky who was in the building at the time suggests the building was targeted to illustrate to international journalists that “no one in Gaza can feel safe.” [32] The attack left six injured, with one person losing a leg. UN SC Resolution 8929 reaffirms the obligation Israel has under Article 79 of Protocol 1 of the Geneva Conventions to afford measures of protection to journalists, who are to be considered as civilians.

Targeting of the Civilian Communications Infrastructure and the Internet
Shortly after Israel engaged in Operation Pillar of Defence a military official spoke on Israeli television threatening that the internet and other forms of communication may be cut across Gaza. In response to this threat, hacktivist group Anonymous launched OpIsrael which provided a care package containing instructions on how Palestinians can remain connected to the internet, [33] later hacking and publishing the details of 5000 Israeli officials and warning that Israel has engaged in a cyberwar. [34] At the time of writing, Civilian Communications Infrastructure and the Internet is still accessible for those who have access to a generator (in many parts of Gaza there is no longer electricity). Israel has taken over Hamas radio waves.

Target of Infrastructure
At the time of writing Palestinians are reporting that 25 school buildings, one university building, nine NGO offices, 14 mosques, eight media offices, two industrial plants, 25 commercial stores, one UNRWA food distribution centre, and two ministry buildings have been hit in surgical attacks against Gaza.

Targeting of Civilians
Israel claims that it has not been targeting civilians. At the point of writing, an estimated 162 Palestinians have so far died, yet of those 32 are children. Of over 1,000 injured there is an estimated 250 children. [35] Israel suggests that civilian deaths are regrettable but blame Hamas for using civilians human shields. Israel has claimed that Hamas have chosen to place military targets within densely populated civilian areas. One particular strike on the residential home of the Dalu family killed 10 members of the family, four of whom were children, and killed a further two neighbours. The attack also injured another 20. [36]

Assassination
It is not clear that any form of assassination can be justified as self-defence given the imminence that is necessary, as discussed above.

Land Invasion
Having targeted approximately 1,000 strategic points within Gaza, Israeli officials have been warning of an escalation. Approximately 40,000 reservists have been called on duty, with a further 35,000 available to the Israeli Defence Force if deemed necessary. This may suggest Israel is preparing for a ground invasion.

Palestine’s right to defend itself

As the Palestinian territory is not recognised as a sovereign State, the Palestinian people have no recourse in International Law for the numerous breaches of human rights and humanitarian law they have suffered. Nor can they challenge recognised war crimes committed against them, as the PLO has no standing at the ICC.

What can be done

Israel has received condemnation from ordinary people from across the world, even when the Governments who represent them have declaired unwavering support for the Israeli offensive. This is perhaps most evident when you see a speech delivered by Great Britain’s Prime Minister David Cameron at the Annual Dinner of United Jewish Israel. [37]

The unfortunate truth is that the Zionist lobby is one of the most effective lobby groups in both the UK and USA. So much so infact that Britains Channel 4 produced a Dispatchers on it. [38]

If you chose to object to the current offensive there are a number of things you can do.

Campaign against Israeli Offensive

There are a number of protests which have been planned over the coming week. I imagine this number will increase. The Palestine Solidarity Campaign has listed the following events; [39]

Monday 19th November
Sheffield- 4.45pm- Shoreham Street- Protest against the BBC London-6.30pm- Sadler’s Wells- Protest against Batsheva
London- 5pm- London School of Economics Campus- http://www.facebook.com/#!/events/524881480856600
Coventry- 6.00pm- Steps of Coventry Cathedral Ruins- Silent Candlelight vigil
Bristol- 5.00pm- Opposite the Hippodrome- Candlelight Vigil

Tuesday 20th November
Oxford- 5.00pm-Wadham College- Gaza Demo and emergency public meeting http://www.facebook.com/#!/events/423457791041063/
Brunel University-5.00pm- Candle Light Vigil- https://www.facebook.com/events/492206950810877/
London- 6.30pm- Sadler’s Well- Protest against Batsheva- https://www.facebook.com/events/197100323754649/?notif_t =plan_user_joined
Bristol- 5-6pm- in the centre, opposite the Hippodrome- Candlelight Vigil

Wednesday 21st November
Brixton- 12.30-1.30pm- Outside Brixton Tube Station- Gaza Campaign street stall
London- 6.30pm- Sadler’s Well- Protest against Batsheva https://www.facebook.com/events/197100323754649/?notif_t =plan_user_joined
Bristol- 5-6pm- in the centre, opposite the Hippodrome- Candlelight Vigil

Thursday 22nd November
Bristol- 5-6pm- in the centre, opposite the Hippodrome- Candlelight Vigil

Friday 23rd November
Bristol- 5-6pm- in the centre, opposite the Hippodrome- Candlelight Vigil

Saturday 24th November London- 12.00pm- Downing Street- National Demonstration- http://www.facebook.com/events/514573138553964/

Sunday 25th November
Luton- 1.00pm- Opposite town Hall, St George’s Square, LU1 2NG- Protest for Gaza- http://www.facebook.com/events/391705764238365/
Rochdale- 5pm- Cenotaph, opposite Rochdale Town Hall- Candlelight vigil

If you cannot get to any of these, or if you are not living in the UK then check Facebook to see if anything is planned in your area. If not, organise something in your area!

Occupations

Students in London’s School of Oriental & African Studies have occupied part of the Brunei Gallery at SOAS in solidarity with the people of Gaza. To follow their progress visit them on Facebook or check out their blog. The SOAS occupation has gained support from Noam Chomsky and the University & Colleges Union.

If you are currently at University this may be something the student body would be interested in organising.

Contact your MP

You can either write to your MP, meet your MP at one of their constituency surgeries, or lobby them at Parliament. You may wish to highlight the points raised in this article.

Campaign in Support of a Palestinian State

The Israeli Foreign Minister has openly threatened to overthrow the Palestinian President Mohmoud Abbas and the Government if Abbas was to pursue statehood at the UN. This threat is unacceptable. To show your support for the recognition of Palestinian Statehood sign the petition!

Click Here to sign the Avaaz Petition.

In recognition of those who have died in Palestine over the last 6 days. [in chronological order] [40]

1- Ahmad Al-Ja’bary, 52 years old.
2-Mohammed Al-hams, 28 years old.
3- Rinan Arafat, 7 years old.
4- Omar Al-Mashharawi, 11 moonths old.
5-Essam Abu-Alma’za, 20 years old.
6-Mohammed Al-qaseer, 20 years old.
7- Heba Al-Mashharawi, six-month pregnant, 19 years old.
8- Mahmoud Abu Sawawin, 65 years old.
9- Habis Hassan Mismih, 29 years old
10- Wael Haidar Al-Ghalban, 31 years old.
11- Hehsam Mohammed Al-Ghalban, 31 years old.
12- Rani Hammad, 29 years old.
13- Khaled Abi Nasser, 27 year old.
14- Marwan Abu Al-Qumsan, 52 years old.
15- Walid Al-Abalda, 2 years old.
16- Hanin Tafesh, 10 months old.
17- Oday Jammal Nasser, 16 years old.
18- Fares Al-Basyouni, 11 years old.
19- Mohammed Sa’d Allah, 4 years old.
20- Ayman Abu Warda, 22 years old.
21- Tahrir Suliman, 20 years old.
22- Ismael Qandil, 24 years old.
23- younis Kamal Tafesh, 55 years old.
24- Mohammed Talal Suliman, 28 years old.
25- Amjad Mohammed Abu-Jalal, 32 years old.
26- Ziyad Farhan Abu-Jalal, 23 years old.
27- Ayman Mohammed Abu Jalal, 44 years old.
28- Hassan Salem Al-Heemla’, 27 years old.
29- Khaled Khalil Al-Shaer, 24 years old.
30- Ayman Rafeeq sleem, 26 years old.
31- Ahmad Abu Musamih, 32 years old.

At 8:20 am, as a result to an Israeli inhumane attack on Deel Al-Balah, central Gaza, three people were killed. The list of murdered victims goes longer.
32- Osama Musa Abdeljawad, 27 years old.
33- Ashraf Hassan Darwish, 22 years old.
34- Ali Abdul HakimAl-Mana’ma, 20 years old

At 8:45 am_ 9:00 am, warplanes attacked several places including Rafah, Khan-Younis, and Tal Al-Sultan, southern Gaza, leaving three killed.
35- Mukhlis Edwan, 30 years old.
36- Mohammed Al-Loulhy, 24 years old.
37- Ahmad Al-Atrush, 22 years old.

In a series of attacks on several places on central Gaza at noon, two more people fell victim:
38- Abderrahman Al-Masri, 31 years old.
39- Awad Hamdi Al-Nahhal, 23 years old.
40- Ali Hassan Iseed, 25 years old, killed in an attack on his motorbike in Deer Al-Balah, central Gaza, at 8:10 pm, Novebmer 17.

IOF attack another motorbike in Deer Al-Balah at 8:20 pm, leaving two more killed:
41- Mohammed Sabry Al’weedat, 25 years old.
42- Osama Yousif Al-Qadi, 26 years old.

In an attack on central Gaza, to the west of Al-Masdar area, at 9:10 pm, two more people people killed:
43- Ahmad Ben Saeed, 42 years old.
44- Hani Bre’m, 31 years old.

At 9:40 pm, Israel attacked Qdeih family’s house in west Khan-Younis, Southern Gaza and a woman got killed.
45- Samaher Qdeih, 28 years old.
46- Tamer Al-Hamry, 26 years old, died after being seriously injured in an attack on Deer Al-Balah.

On November 18, the fifth day of the Israeli ongoing aggression on Gaza: Israeli warplanes shelled the house of Abu-Alfoul family in northern Gaza, killing two children and injuring at 13 at least, mostly children and women.
47- Gumana Salamah Abu Sufyan, 1 year old.
48- Tamer Salamah Abu Sufyan, 3 years old.

An Israeli warplanes fired missiles at a house that belongs to the family of Abu Nuqira in Rafah killing one person:
49- Muhamed Abu Nuqira

An Israeli war plane fired a missile at a house in an agricultural land east of Bureij camp, in the Central Gaza Strip, killing one child and injuring 2 other children:
50- Eyad Abu Khusa, 18 months old.

Two people were killed, one of them a child, when an Israeli missile hit a beachfront refugee camp in Gaza City:
51- Tasneem Zuheir Al-Nahhal, 13 years old.
52- Ahmad Essam Al-Nahhal, 25 years old.

Medics also reported finding the body of woman under the rubble of a house in eastern Gaza City who had been killed in a strike earlier in the morning.
53- Nawal Abdelaal, 52 years old.

At 3:10 pm, November 18, Israel rocked a house belongs to Al-Dalou family in Sheikh-Redwan area, west Gaza, killing at least 10 people, including 4 women and 4 children.
54- Mohammed Jamal Al-Dalou, the father.
55- Ranin Mohammed Jamal Al-Dalou, 5 years old.
56- Jamal Mohammed Jamal Al-Dalou, 7 year old.
57- Yousef Mohammed Jamal Al-Dalou, 10 years old.
58- Ibrahim Mohammed Jamal Al-Dalou, 1 year old.
59- Jamal Al-Dalou, the grandfather.
60- Sulafa Al Dalou, 46 years old.
61- Samah Al-Dalou, 25 years old.
62- Tahani Al-Dalou, 50 years old.
63- Ameina Matar Al-Mzanner, 83 years old.
64- Abdallah Mohammed Al-Mzanner, 23 years old.

Soon after Al-Dalou massacre, 2 more were killed, a father and his son, in an attack on a car for water supply in northern Gaza.
65- Suheil Hamada, 53 years old.
66-Mo’men Suheil Hamada, 13 years old.

In an airstrike that targeted Nussairat camp after that two people were murdered and 10 at least got injured
67- Atiyya Mubarak, 55 years old.
68- Hussam Abu Shaweish, 35 years old.
69- Samy Al-Ghfeir, 22 years old, killed in an attack on Shijaiyya area, west Gaza.
70- Mohammed Bakr Al-Of, 24 years old, killed in an attack on Al-Yarmouk st. in Gaza city.

At 8:00 pm, November 18, the ministry of health in Gaza has reported that Israel has risen the death toll in Gaza to 69, including 20 children, 8 women, and 9 elderly people. Moreover, Over 660 person got injured since Wednesday, including 224 children, 113 women, and 50 elderly people. At 10:00 pm, November 18, an Israeli warplane attacked a motorbike near the ministry of finance roundabout, west Gaza, killing a father and his son:
71- Ahmad Abu Amra, 42 years old.
72- Nabil Ahmad Abu Amra, 20 years old.

At 10:10 pm, November 18, an Israeli warplane rocked a house belong to Nasser family near Abu-Sharekh crossroad in northern Gaza, killing a child and his father.
73- Hussein Jalal Nasser, 8 years old.
74- Jalal Nasser

On November 19, the sixth day of the Israeli ongoing aggression on Gaza: At 12:10 am, an Israeli warplane attacked Mahmoud Al-Hashash house in Rafah killing one woman.
75- Sabha Al-Hashash, 60 years old.

At 1:00 am, an Israeli warplane rocked a car in Rafah killing two people:
76- Saif Al-Deen Sadeq
77- Ahmad Hussein Al-Agha.
78- Emad Abu Hamda, 30 years old, killed after being seriously injured in as a drone fired a rocket at Beach camp, west Gaza.
79- Mohammed Jindiyya, mentally disabled, killed in an attack on Helles roundabout in Shijaiyya, west Gaza.

At 4:10 am, Israel committed another atrocious crime shelling a house belong to Azzam family that is full of children. 3 people were killed in this attack and at least 40 injured. Medics said that more than 15 children have arrived Shifaa hospital, three of them are in a very critical condition.
80- Mohammed Iyad Abu Zour, 4 years old.
81- Nisma Abu Zour, 19 years old.
82-Sahar Abu Zour
83- Ahed Al-Qattaty, 38 years old.
84- Al-Abd Mohammed Al-Attar, killed in an attack on Beit-Lahya, northern Gaza at 6:00 am.
85- Rama Al-Shandi, 1 YEAR OLD, killed as four F16s airstrikes hit former security compound Al-Saraya in Gaza City.

In an Israeli attack on Al-Qarara area to the south of the Gaza Strip, two farmers were killed at 8:50 am:
86. Ibrahim Suleiman al-Astal, 46 years old.
87. Omar Mahmoud Mohammed al-Astal, 14 years old.

As a warplane rocked a motorbike in Khan-Younis, southern the Gaza Strip, two people were killed:
88. Abdullah Harb Abu Khater (21)
89. Mahmoud Saeed Abu Khater (34)

An Apache warplane fired a rocket at a car in Al-Berka street in Deer Al-Balah, killing three people:
90. Rashid ‘Alyan Abu ‘Amra (45)
91. Amin Zuhdi Bashir (40)
92. Tamer Rushdi Bashir (30)
93- Hussam Abdeljawad, killed as an F16 rocked his car in Saftawi street, northern Gaza, at 2:25 pm.
94- Ramadan Ahmad Mahmoud, 20 years old, died this morning after being seriously injured in an attack that hit Al-Maghazi camp, two days ago.
95- Mohammed Riyad Shamallakh, 23 years old, killed as IOF targeted a car in Tal Al-Hawa, southern Gaza city.

At around 4 am, two people were killed as an Israeli warplane fired a missile that hit Al-Nusseirat Camp, to the west of Gaza city.
96- A’ed Radi
97- Ameer Al-Malahi In an attack on Al-Shorouq building in Gaza City which contains several media offices, 2 were killed and 3 journalists were seriously injured.
98- Ramez Harb
99- Salem Sweilem
100- Muhammed Ziyad Tbeil, killed in an attack than hit central Gaza.

At 6:55 pm, an Israeli warplane attacked Al-Bureij camp killing two people:
101- Arkan Abu Kmei
102- Ibrahim Al-Hawajri

At around 8:00 pm, an Israeli warplane shelled Shhada family’s house in Nusairat camp killing two people from the same family.
103- Khalil Shhada
104- Osama Shhada

At around 9:00 pm, Israel committed another massacre against Hjazi family killing a father and his two sons, and injuring at least 15, most of them are children and women.
106- Suhaib Fo’ad Hjazi, 2 years old.
107- Mohammed Fo’ad Hjazi, 3 years old.
108- Fo’ad khalil Hjazi

At around midnight, an Apache rocked a house in Rafah that belongs to Nassarsa family, killing two siblings and injuring 10 others.
109- Mohammed Tawfeeq Al-Nassasra, 20 years old.
110-Ahmad Tawfeeq Al-Nassasra, 18 years old.

111- Yahya Akram Ma’roof, 38 years old, a farmer killed at 9:20 am as an Israeli warplane attacked agricultural lands in Al-Atatra area, northern Gaza. Four other farmers were injured in this attack.

In an Israeli attack on an agricultural land in Beit-Layha, northern Gaza, at 10:10 am, two people were killed:
112- Yahya Mohammed Awad, 15 years old.

113- Bilal Jihad Al-Barawi, 20 years old.

114- Mahmoud Rezq Salman Al-Zahhar, killed in an attack on Al-Mughraqa are in the middle of the Gaza strip.

115- Abderrahman Hamad Abu Hamza, 22 years old, killed at 12:10 pm in an Israeli attack on Mokhabarat buildings, west Gaza.

116- Mohammed Abed-Rabbo Yousef Bader, killed at 12:20 pm as IOF targeted Abu Tama’a family in Deer-AlBalah, in middle the Gaza Strip, at 12:20 pm.

117- Ahmad Khaled Doghmosh, died in Egypt after being transferred to a hospital in Egypt for being seriously injured in an airstrike that hit Tal Al-Hawa on November 18.

Within 1 hour and while negotiating the truce between Israel and Hamas, Israel committed another massacre killing at least 14 people.

At 4:20, an Israeli warplane rocked a car in Al-Sabra neighborhood, leaving four people from the same family killed and torn to pieces:
118- Ahmad Jameel Hamdan Doghmosh

119- Sobhi Nemer Mohammed Doghmosh

120- Salah Nemer Mohammed Doghmosh

121- Musab Mahmoud Rushdi Doghmosh

122- Ameen Mahmoud Asad Al-Dadda, 22 years old, killed in an Israeli attack on Baghdad street in Shijaeyya, west Gaza at 2:30 pm.

In an attack on Kishko street in Zaytoon street, two children were killed while playing football in front of their house:
123- Mohamoud Rezeq Ashoor

124- Saqer Yousef Bulbul

125- Ayman Rafiq Abu Rashid, 50 years old, killed in an Israeli attack on Jabalia camp, northern Gaza.In the same attack, a 5-year-old girl was seriously injured.

In another attack on Al-Shawwa family’s house in Shijaeyya, west Gaza, a young woman arrived at Shifa hospital as charred pieces. 20 people were injured in this attack at least, 3 cases are severe.
126- Yosra Basil Murtada Al-Shawwa

At 5:55 pm, an Israeli warplane attacked a press car working for Al-Aqsa TV station in Nasser street in Gaza city killing two journalists. They were just holding their cameras, reporting on the ongoing attacks…
127- Mahmoud Ali Ahmad Al-Koomi

128- Hussam Mohammed Abderrahman Salama

At 6:10 pm, two more were killed in an attack on Beit-Hanoon, northern Gaza.
129- Mahmoud Mohammed Hussein Al-Zahry

130- Tareq Azmy Mustafa Hjeila

At 6:50 pm, an Israeli missile hit a car in Deer Al-Balah killing two people:

131- Mohammed Musa Abu Eisha, the manager of Al-Quds educational radio.

132- Hassan Yousef Al-Ostaz, 22 years old.

At 8:30, two brothers were killed in an Israeli attack that targeted a motorbike in Bilbeisy street in Rafah:

133- Ahmad Abed Abu Moor, 24 years old.

134- Khaled Abed Abu Moor, 19 years old.

At 9:00 am, two cousins were killed in an Israeli attack on Deer Al-Balah:

135- Mohammed Ahmad Abu Sitta

136- Salem ‘Ayish Abu Sitta

137- Shawqi Abu Sneima, killed as Israeli warplane targeted his motorbike in Rafah.

At 11:45 pm, two people were found as pieces in Al-Shouka area, western Rafah.

138- Ibrahim Ahmad Mahmoud Hamad

139- Mahmoud Kahlil Al-Arja

On November 21, the eighth day of the Israeli ongoing aggression on Gaza:

At 9:25 am: an Israeli warplane hit two places in Northern Gaza:
140- Abdallah Asseela, killed in as attack on Tal Al-Za’tar, northern Gaza.

141- Mustafa Awad Abu Hamidan, killed in an attack on Al-Shafi’y mousque compound in Jabalia, northern Gaza.

At 11:20 am, an Israeli warplane attacked a group of people in Khan-Younis, killing a child:
142- Ahmad Abu’liyyan

143- Fares Sbeita, 23 years old, died at noon after being seriously injured in an attack on Shijaeyya, west Gaza.

A young girl and her elderly father were killed at 1:30 pm in an Israeli attack on a group of civilians in Abasan area, west Khan-Younis.
144- Ameera Abu Nasser, 21 years old.

145- Ibrahim Abu Nasser, 70 years old.

146- Mohammed Adnan Al-Ashqar, 22 years old, killed in an attack on Al-Khuzundar gaz station in Al-Twam area, northern area, at 2:00 pm

147- Mahmoud Abu Khusa, a child killed in an attack on Al-Nafaq street in Gaza City.

At 2:40 pm, an Israeli missile hit a house belongs to Al-Assaly family killing a man and his son and daughter:
148- Talal Al-Assaly, 47 years old.

149- Ayman Talal Al-Assaly, 17 years old.

150- Hadil Talal Al-Assaly

151- Abderrahman Na’eem, 6 years old, killed in an Israeli attack on Ne’ma building in Gaza City. In the same attack, 3 children from Neim family also got injured.

152- Riham Al-Nabaheen, 4 years old, killed in an Israeli attack on house in Nussairat camp in the middle of the Gaza Strip

153- Mubarak Ibrahim Abu Houly, killed in an attack on the middle of the Gaza Strip

154- Mohammed Mohammed Baker, 27 years old, died after being seriously injured in an attack on Al-Sabra neighborhood on Monday.

155- Ibrahim Mheisin, killed In an attack on Al-Na’ga street, to the west of Jabalia camp, northern Gaza.

In an attack on a house that belongs to Abu Kmeil family in Al-Mughraqa area in the middle of the Gaza Strip, 5 people were killed:
156- Ramy Abeid

157- Mohammed Salama Abu Eteiwy

158- Nidal Hassan Abu Riyad

159- Sa’dy Abu Kmeil

160- Ahmad Abu Kmeil

As negotiations about ceasefire is going, more bombs fall over several places in the Gaza Strip killing a child and injuring at least 7 people.
161- Nader Yousef Abu Mghaseeb, 14 years old.

162- Musab Ayish, killed in an Israeli attack on Sheikh-Redwan bridge in Gaza City at 8:50 pm.

Relevant Links

Harry Fear produces a short documentary film days before Operation Pillar of Defence was launched where children were killed. http://www.youtube.com/watch?v =B27HH6CFAOU

Peace Louriette Mairead Maguire speaks out against Operation Pillar of Defence, claiming that War Crimes are being committed.: http://www.globalresearch.ca/israeli-military-assault-on-gaza-operation-pillar-of-defence-not-defence-but-murder-of-unarmed-civilians/5312120

Bibliography

[1] British Foreign Secretary William Hague http://www.telegraph.co.uk/news/worldnews/middleeast/israel/9679747/Israel-to-take-whatever-action-necessary-in-Gaza.html

[2] Israels Shortsighted Assassination. http://www.nytimes.com/2012/11/17/opinion/israels-shortsighted-assassination.html?_r=0

[3] Israel Peace Activist: Ahmed Jabari, Assassinated Hamas Leader, Received Draft of Gaza Truce Agreement Shortly Before Death. http://www.huffingtonpost.com/2012/11/16/ahmed-jabari-truce-hamas_n_2142045.html

[4] Netanyahu: ‘America is a thing you can move very easily’ http://voices.washingtonpost.com/checkpoint-washington/2010/07/netanyahu_america_is_a_thing_y.html

[5] Video of the Application made to the General Assembly of the United Nations http://www.bbc.co.uk/news/world-middle-east-13701636

[6] http://unispal.un.org/UNISPAL.NSF/0/BA123CDED3EA84A5852560E50077C2DC

[7] http://unispal.un.org/UNISPAL.NSF/0/5AA254A1C8F8B1CB852560E50075D7D5

[8] http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/6756482d86146898c125641e004aa3c5?OpenDocument

[9] For further information on the history of Palestine and it’s relationship with the UN see; The Question of Palestine & The United Nations http://unispal.un.org/pdfs/DPI2499.pdf

[10] Palestinian Statehood Wins European Backing http://www.guardian.co.uk/world/2012/nov/19/palestinian-statehood-wins-european-backing

[11] http://www.guardian.co.uk/world/2012/nov/14/israeli-minister-threatens-abbas-un

[12] http://www.un.org/en/documents/charter/chapter7.shtml

[13] The Caroline (exchange of diplomatic notes between Great Britain, Ashburton , and the United States, Webster 1842), 2 J. Moore, Digest of International Law 409, 412 (1906).

[14] American Society of International Law: Israel’s Targeted Killing of Hamas Leaders. http://www.asil.org/insigh133.cfm

[15] http://www.icrc.org/ihl.nsf/WebART/375-590006

[16] Page 5 http://www2.icc-cpi.int/NR/rdonlyres/F596D08D-D810-43A2-99BB-B899B9C5BCD2/277422/OTP_letter_to_senders_re_Iraq_9_February_2006.pdf

[17] http://en.rsf.org/report-israel,154.html

[18] http://www2.ohchr.org/english/bodies/hrcouncil/docs/12session/A-HRC-12-48.pdf

[19] Ibid, Paragraph 1878, page 404.

[20] Ibid, Paragraph 1881, page 406.

[21] Ibid, Paragraph 1884, page 406.

[22] Ibid, Paragraph 1885, page 406.

[23] Ibid, Paragraph 1886, page 406-407.

[24] Ibid, Paragraph 1887, page 407.

[25] Ibid, Paragraph 1889, page 407.