Background Paper

MARCH 2008

Israel's Disproportionate Use of Force in Gaza

Over 200 Palestinians in the Gaza Strip have been killed by the Israeli army in January, February and March 2008, most of them civilians, and several women and children.

NCCAR brings the following key points to your attention:

Gaza is not a war zone, it is an Occupied Territory .

Israeli military action cannot be justified under the rules of war since the Palestinian population in the Gaza Strip are an occupied people. According to the UN, Israel remains the occupying power over the Gaza Strip. Israel controls borders, airspace, sea space and infrastructure surrounding the territory. Since June 2005, the borders of the Gaza Strip have been sealed, bringing the humanitarian crisis to a head. In January 2008, Israel began reducing electricity and fuel supplies to the entire area, a move that has been condemned by a variety of international and humanitarian organizations as a form of collective punishment. Canada has expressed its concern over the worsening humanitarian situation in the Gaza Strip.

Militants among a civilian population do not absolve Israel of its responsibilities as an Occupying power.

Military target among civilian areas does not negate Israel of its responsibility under international law and the Geneva Conventions to protect the lives of civilians under its occupation. According to Israel 's leading human right organization, B'TSelem, contrary to Israel 's claims that of the 106 Palestinians killed in recent fighting, at least fifty-four, including twenty-five minors, did not take part in the hostilities.

Beyond Proportionality.

Without minimizing the psychological impact of homemade Palestinian Qassam rockets on Israelis citizens, Israel's offensive in the Gaza Strip with modern Merkava tanks, unmanned drones, naval vessels, F-16 fighter jets and apache helicopters against opponents armed only with light weapons (machine-guns), can only be categorized as a disproportionate use of force. The human costs in terms of lives are evident with hundreds of Palestinians killed and even several hundred injured in 2008 alone. Since 2002, over 4,700 Palestinians have been killed by Israel in the Occupied Territories (of which over 1,000 have been children), while over 1,000 Israelis have been killed by Palestinians.

Quick Facts: The Gaza Strip.

Physicians for Human Rights-Israel:

Following Israel 's military operations in Gaza , hospitals in Gaza are now finding it almost impossible to function due to massive overload of injured people continuing to arrive for admission. Medical supplies and other equipment are dwindling. Patients in life threatening condition referred to Israel for treatment have not yet received exit permits from the Israeli authorities. PHR-Israel condemns Israel 's blatant attack on patients and medical installations and demands its immediate cessation by the Israeli government.

Human Right Watch:

" Israel has an obligation during military operations to minimize civilian deaths, and to conduct impartial investigations into cases that may be the result of wrongdoing or negligence on the part of Israeli forces. The continuing high civilian casualty rates in Gaza suggest that this obligation is not being met."

B'Tselem ( Israel ):

B'Tselem expresses grave concern at the large number of children and other uninvolved civilians among those killed and wounded in the Gaza Strip in recent days .

According to B'Tselem figures, from 27 February to the afternoon of 3 March, 106 Palestinians were killed in the Gaza Strip. Contrary to the Chief of Staff's contention that ninety percent were armed, at least fifty-four of the dead (twenty-five of them minors) did not take part in the hostilities. In addition, at least forty-six minors were wounded .

In response to the Defense Minister's initiative to probe the legality of firing at areas from which rockets were being fired, even if the area is populated, B'Tselem reminds the military that attacks on legitimate military targets are prohibited if they are likely to cause disproportionate harm to civilians, or to breach the duty to take caution not to harm civilians. If the military's intention is to allow shelling of general areas or whole neighborhoods from which rockets are fired, such an attack would be indiscriminate and a grave breach of the laws of war ."

United Nations (OCHA):

Israel 's decision to halt the entry of fuel into Gaza had a significant impact on the provision of health services. January 2008 saw a massive increase in the number of Palestinians who were displaced as a result of house demolitions by the Israeli authorities.

United Nations (OCHA):

In mid-February 2008, John Holmes, United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator expressed shock at the living conditions in the Gaza Strip and deplored the current restrictions on the flow of humanitarian aid and commercial goods in and out of the area.

United Nations (World Food Program-WFP):

Due to Israel 's escalated blockade of Gaza in January 2008, the Gaza Strip has experienced severe power cuts, disruption of water supplies and sewage treatment, and a suspension of commercial imports. This has in turn led to severe food shortages and price increases. WFP has been forced to suspend deliveries until a solution - promised within the next few days - can be found. WFP has stopped distributions to 2,501 social hardship beneficiaries due to lack of wheat flour. In some parts of Gaza City and Northern Gaza social hardship case families are currently receiving a partial ration due to shortage of sugar and salt.

UNICEF statement on the Gaza situation:

UNICEF is deeply troubled that the current escalation of the conflict in Gaza is hurting a large number of children. Since the beginning of the current round of violence on Wednesday, 17 children from Gaza have been killed according to the Palestinian Ministry of Health.. The Convention on the Rights of the Child puts an emphasis on the need to take all feasible measures to ensure protection and care of children who are affected by an armed conflict. In addition to being its direct casualties, the terrifying impact of this conflict affects all children.

The Gaza Strip: A Humanitarian Implosion Report by a coalition of UK-based human rights and development groups, including Amnesty International, Oxfam and Christian Aid, Save the Children, Cafod, and Care International.

"Punishing the entire Gazan population by denying them these basic human rights is utterly indefensible," said Amnesty UK Director Kate Allen. "The current situation is man-made and must be reversed."

Geoffrey Dennis, chief executive of Care International UK, said: "The recent escalation in violence, both from rocket attacks and military strikes, will make life even more unbearable in Gaza Unless the blockade ends now, it will be impossible to pull Gaza back from the brink of this disaster and any hopes for peace in the region will be dashed."

The situation in Gaza is "man-made, completely avoidable, and with the necessary political will can be reversed" . while Gaza's 1.5 million Palestinians had seen a "long-term pattern of deterioration" stemming from decades of occupation and from sanctions on Hamas, "the severity of the humanitarian situation has increased exponentially due to the Israeli government's imposition of the blockade in response to indiscriminate rocket fire against Israel". The report challenges the Israeli argument that Israel is no longer bound by the laws of occupation since it "disengaged" from Gaza in summer 2005.

HUMAN RIGHTS COUNCIL - Report of John Dugard, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967 (21 January 2008):

Israel remains the occupying Power in Gaza despite its claim that Gaza is a hostile territory. This means that its actions must be measured against the standards of international humanitarian law and human rights law. Judged by these standards Israel is in serious violation of its legal obligations. The collective punishment of Gaza by Israel is expressly prohibited by international humanitarian law and has resulted in a serious humanitarian crisis.

The human rights situation in the West Bank has worsened, despite expectations that it would improve following the removal of Hamas from the Government of the West Bank . Settlements expand, the construction of the wall continues, and checkpoints increase in number. Military incursions and arrests have intensified, 779 Palestinian prisoners have been released but some 11,000 remain in Israeli jails.

New violations of human rights and humanitarian law are added as they occur, such as the construction of the wall (since 2003), sonic booms, targeted killings, the use of Palestinians as human shields, and the humanitarian crisis produced by the non-payment of tax money due to the Palestinians. In short, reports are repetitious because the same violations of human rights and humanitarian law continue to occur in the OPT.