The SG's Board of Inquiry report on 9 incidents in the Gaza war

The Secretary-General Off the Cuff

The full report has not been released but an extended summary, which Ban Ki-Moon claims is faithful to the full report, was prepared by the UN Secretariat. The summary is available here. Even in summarized form the report--examining a total of nine incidents--reveals pattern of intentional targeting of UN facilities by the Israeli army, which exercised inadequate regard for protected persons and sites. Several untruthful claims by Israeli officials are noted. In one instance it found Hamas gunmen responsible for firing, in another it did not determine responsibility.

See this informative Guardian report, and UN-Truth has a nice summary about the release of the Board of Inquiry report.

The Israeli reaction to the report was to accuse the investigators of bias and negligence. Citing Israel's own inquiry, the statement claims that the IDF did not intentionally fire on UN installations. "The State of Israel rejects the criticism in the board's summary report, and determines that in both spirit and language, the report is tendentious, patently biased, and ignores the facts presented to the committee. The board of inquiry has preferred the claims of Hamas, a murderous terror organization, and by doing so has misled the world."

Perhaps the most noteworthy component of the Israeli statement is in the final paragraph: "Israel views the publication of the report's findings as the end of the internal UN inspection process." In that regard, Ban Ki-Moon has indicated that there will no further investigations, in contrast to the recommendations of the Board of Inquiry.

Only "hearsay"?: IDF misbehavior in Gaza

The Israeli Military Advocate General is Brigadier General AvichaiMendelblit. He concluded that Israeli soldiers' reports of the intentional killing of civilians in Gaza and other possible war crimes are "hearsay". As Amos Harel notes, the investigation was extraordinarily quick, so quick that some of the claims were not explored at all. (A thorough report would have to examine the IDF's "Rules of Engagement" in the Gaza war. As I have noted here on several occasions the Israeli army's behavior all too often often causes excessive civilian casualties.)

Inspectors general typically report to the commanding general, and they are formally charged with performing independent investigations. An inspector general in the U.S. system has complete authority to question soldiers, officers and civilians who may have information pertinent to the case at hand. Their reports are not reviewed by any command authority prior to the submission of findings to the commander. In my experience, their reports are typically extensive and require quite some time to prepare in complex cases. In this instance, the Israeli Inspector General required less than two weeks, which is quite swift.

Since the inspector general is usually a respected member of the organization that he or she is investigating, it is probably not surprising that investigators often describe crimes and misdemeanors as exceptions to organizational norms. It is relatively uncommon to read an official report that reveals broad patterns of abuse, and the authors of such exceptional reports risk being ostracized. A U.S. example is Major General Antonio Taguba, who was tasked to investigate the Abu Ghraib prison scandal. His report revealed that what happened at AbuGhraib was not merely the misbehavior of a few poorly trained soldiers, but was the product of serious command failures in Iraq. Taguba was privately castigated for his findings and retired without fanfare. In contrast, General Mendelblit is unlikely to be canned for his findings, which stop just short of calling the soldiers' allegations risible.

Instead, his investigation is cited by Chief of General Staff Lt.-Gen. Gabi Ashkenazi to show: "These testimonies were exhaustively examined and investigated by Military Police and the Military Advocacy and, to my satisfaction, have been proven to be unfounded and lacking in any factual base."

Despite these official denials, allegations of IDF misbehavior during the Gaza war are not receding. The UN has appointed Richard Goldstone, a respected South African jurist, to lead an investigation. Goldstone, has experience with war crimes cases in Yugoslavia and Rwanda, is be assisted by British international law expert Christine Chinkin, Pakistani lawyer Hina Jilani and retired Irish army Colonel Desmond Travers, a veteran of tough service in the Middle East as well as in the Balkans. (I have known Travers for 30 years and I have a deep respect for his fairness and his professionalism.)

Also of note: Israeli behavior in the Gaza war has apparently affected Israeli exports to Europe, which have declined dramatically.

Report on IDF use of WP by Human Rights Watch

BBC NEWS | Middle East | Israel phosphorus use criticised

See Human Rights Watch report, which may be downloaded here.

The "most humane" army

Soldiers often extol their moral purpose, their selflessness and their ethics while vilifying their enemies as deviant and immoral. In this sense, Israeli soldiers are no more chauvinistic than those who serve under other flags. Any respectable army includes training on military ethics, including the Laws of Warfare. This training would include standards for the treatment of prisoners, the protection of civilians and the conduct of soldiers in hostile areas.

Yet, Israeli civilian and military leaders often claim that the Israeli army is not just ethically informed but exceptionally moral and humane. As the accumulation of reports of IDF misbehavior and war crimes during the Gaza war once again demonstrate, refering to the IDF as "the most humane army in the world" is an oxymoron.

Ashkenazi: IDF is a ‘moral’ army | JTA - Jewish & Israel News: "'I don't believe that soldiers serving in the IDF hurt civilians in cold blood, but we shall wait for the results of the investigation,' Ashkenazi said, adding that the IDF 'is the most humane army in the world.'"

The Israeli army: realities versue hype

Richard Falk's important report on Human Rights in the Occupied Palestinian territories. The report is noteworthy for its attention to war crimes allegations in connection with Israel's assault on Gaza, December 27, 2009-January 18, 2009. Many of these issues have been addressed here in various postings.

Also worth pondering is Israeli Defense Minister Ehud Barak's widely quoted claim in connection with revelations from Israeli soldiers about the intention murder of Palestinian civilians in Gaza:

"I still say we have the most moral army in the world. Of course there may be exceptions but I have absolutely no doubt this will be inspected on a case-by-case basis," he said.

By "most moral" Barak means the "most ethical" army in the world.

My own view, which reflects my observations of the Israeli army in action in Lebanon and in the occupied territories, as well as my studies and review of primary and secondary materials on the IDF in action, is that the Israeli army frequently operates with rules of engagement that do not respect the immunities of protected persons, i.e., non-combatants, and that permit the wanton destruction of private property (the Gaza campaign is the most recent illustration). Moreover, Israeli soldiers who engage in looting, who abuse prisoners and who use disproportionate or indiscriminate firepower are seldom seriously punished, if they are punished at all. Therefore, I would argue that Barak's claim is not accurate, although it may have PR value.

Does this mean the other side behave like angels? Not at all; but it is past time to understand that the Israeli army is hardly the most ethical or moral army in the world.

I would add that Israeli military actions have often made more enemies for Israel, while solidififying anti-Israeli solidarity. I first wrote about this many years in my early articles on Lebanon, as well as in my book Amal and the Shi'a, and especially the chapter on "Making Enemies in Lebanon".

Murders in Gaza

IDF in Gaza: Killing civilians, vandalism, and lax rules of engagement - Haaretz - Israel News

See this commentary also.

Israeli war crimes in Gaza discussed among Israeli soldiers--Defense Ministry conducting inquiry.

This is unlikely to stem the international pressure for action, but will only lend corroboration to the accusations that have been made.
Le Figaro - International : Gaza : des soldats israéliens témoins de crimes de guerre: "L'information fait jeudi la une des sites Internet israéliens. Des soldats de Tsahal se seraient rendus coupables durant l'opération «Plomb durci», menée contre le Hamas dans la bande de Gaza, d'exactions à l'encontre de populations palestiniennes. Déjà au moment du conflit, des témoignages émanant de populations palestiniennes faisaient état d'actes contraires aux conventions sur la guerre. C'est en revanche la première fois que ces témoignages proviennent directement de soldats israéliens."

BBC coverage.

One of my earlier posts on the war crimes issue, in this case from January 2009.

Los Angeles Times: What gives? [Updated]

The thesis of this piece is that the Gaza war is really a campaign against Iran. Moreover, Israel is taking extraordinary steps to protect civilians. What is quite extraordinary is that one of the authors is on-duty in Gaza as an IDF reserve officer according to As'ad AbuKhalil. If this is true, it is important for readers of the LAT to know this fact, but the byline says nothing of the sort. I consider this deceptive, and readers deserve to know who is responsible for this significant omission.
[Update: Michael Oren's own words verify the claim made by AbuKhalil, which I traced to Mondoweiss. Oren notes that he has volunteered to serve in the IDF reserves although he is not required to do so by virtue of his age. He notes that he knew officially of the call-up by January 3rd, and, based of my knowledge of how military bureaucracies usually work, I surmise that he would have been alerted before then. This means he had plenty of time to contact the LAT by email and advise them of his change of status, which is highly relevant in that he would be doing PR or propaganda work for the IDF.
And this: "A mainstream Western correspondent in Israel sent me this. I will not reveal his/her name so that he/she can keep his/her job. "My stomach turns at this massacre. It's a struggle to cover given that we're shut out of Gaza--I'm glad you highlighted the absurdity of Michael Oren's role in this bloodbath. I saw him in uniform, m-16 dangling at his side, whoring himself to the media on what we...where the media is camped overlooking Gaza. Needless to say, I declined his services." ]

In Gaza, the real enemy is Iran - Los Angeles Times: "Though civilians have, tragically, been hurt, about three-quarters of the 400 Palestinians killed so far have been gunmen -- an impressive achievement given that Hamas fires rockets from apartments, mosques and schools and uses hospitals as hide-outs.

"Israel has recently allowed nearly 200 truckloads of food and medicine to enter Gaza, even under shellfire. It is in Israel's urgent interest to minimize civilian suffering and forestall international criticism. For that same reason, Hamas welcomes the suffering of Palestinian civilians. According to a BBC report on Dec. 30, dozens of ambulances were dispatched by Egypt to its border with Gaza, only to remain empty because, according to Egyptian authorities, Hamas wasn't allowing wounded Palestinians to leave.

"The international community must not be duped again. If Hamas is successful in manipulating world opinion into the imposition of a premature cease-fire, it will proclaim victory and continue to stockpile long-range missiles for the next round of fighting. That would mean another triumph for Iran.

"The international community must not be duped again. If Hamas is successful in manipulating world opinion into the imposition of a premature cease-fire, it will proclaim victory and continue to stockpile long-range missiles for the next round of fighting. That would mean another triumph for Iran.

"No less crucially, the international community must not allow the Gaza crisis to divert its attention from the imminent -- and ultimate -- threat of a nuclear Iran. Intelligence sources now measure that threat in months rather than years.

"President-elect Barack Obama has declared his intention to confront Iran through diplomacy. Ideally, that process should begin in the aftermath of an Iranian defeat. If Israel is allowed to achieve its goals in Gaza, the Obama administration will be better poised to achieve its goals in Iran.

"Yossi Klein Halevi is a senior fellow at the Adelson Institute for Strategic Studies of the Shalem Center in Jerusalem. Michael B. Oren is a distinguished fellow at the Shalem Center and a professor at the foreign service school of Georgetown University."

UN chief: Israel's use of violence in Gaza is 'disproportionate'

UN chief: Israel's use of violence in Gaza is 'disproportionate' - Haaretz - Israel News: "United Nations Secretary-General Ban Ki-moon told the Security Council on Saturday he condemned what he described as Israel's 'excessive and disproportionate' use of force in the Gaza Strip.

Speaking at an emergency session of the council on the escalation of violence in Gaza, called by Security Council member Libya on behalf of the Arab League and at the request of Palestinian President Mahmoud Abbas, Ban also condemned Palestinian rocket attacks against southern Israel.

'While recognizing Israel's right to defend itself, I condemn the disproportionate and excessive use of force that has killed an injured so many civilians, including children,' Ban told the emergency session of the council."

Board of Inquiry - Bombing of UNTSO al-Khiam post, July 25, 2006

On July 25, 2006, four un-armed UNTSO observers died when their outpost at al-Khiam in southern Lebanon was bombed by the IDF. This Canadian armed forces page includes a statement about the incident and a link to the Board of Inquiry report, a "secret" report [removed in 2009]. The report has been redacted, and appendices are listed but not provided.  Even so, the report [from my archive] is informative about UN peacekeeping procedures, and the July 25, 2006 incident in which the four observers were killed. The board did not find any individual responsible for the bombing, but it did blame the IDF as an institution. The report notes that in other cases incidents of "close shelling" that were reported to the IDF, the shelling ceased after it was reported. In this instance, the shelling continued, even after the IDF was told, "you are killing my men." The Board received some cooperation from the United Nations, but very little from Israel, which provided only a "non-paper" with a general explanation of events.


[Added Oct. 2011 Canadian Forces News Release {no longer available, but a somewhat different archived version is now available here, August 13, 2014} and this NGO factsheet [now found here, August 13, 2014}.  The BOI report is no longer posted at the Canadian site. I did retain a copy, so you may find it here.  arn]

As a former UN observer in southern Lebanon I fully appreciate the dangers of serving there. As the Canadian report indicates, however, the deaths of Major Paeta Hess-Von Kruedener and his three colleagues were avoidable.  [The BOI report, which has been hidden by Canadian authorities, clearly lays the blame for the deaths on the IDF, which claimed there was an "operational error" despite being forcefully warned by the Chief of Observer Group Lebanon that Israeli shelling was endangering the lives of the UN observers.  The Canadian authorities justify deleting the BOI report in order to protect the operational security of the Israeli army.]

Board of Inquiry - FOB Robinson | National Defence and the Canadian Forces: "Major Paeta Hess-Von Kruedener"  [now a dead link].

Americans Serving in the Israeli Army--What is their status in U.S. law?

A question for those with a background in U.S. laws regarding citizenship: May Americans lawfully join a foreign army? My recollection is that this used to be illegal under U.S. law. If it is now legal, when did it become legal? May an American whose grandparents were Turkish join the Turkish army and retain his citizenship? How about a Lebanese, who may wish to join the Lebanese army to defend his country against Israel? If readers have serious legal answers to this question please post them (you may post anonymously). While opinions, expressions of concern, support, outrage, approval, etc., are always welcome, I am particularly interested in the legal status of the Americans mentioned in this article.

O'Neil, 20, and several other soldiers at the Tiberias hotel are part of a program that brings Americans to Israel specifically to join the army to fulfill their concept of a Zionist mission. Hundreds of young Americans have taken part.
They come without their families. Some are placed in a kibbutz or similar situation, and all end up in the military. After a three-year tour of duty, many stay as residents and Israel gives them financial aid with school tuition and housing. O'Neil, who said one of his first acts Saturday after marching out of Lebanon was to call his mother in California, said he never imagined that he would be fighting in Lebanon when he joined the Israeli army two years ago.

Qana 1996--the authoritative report S/1996/337 of 7 May 1996

S/1996/337 of 7 May 1996: "(c) The second concentration of impacts was centred on the middle of the United Nations compound. Given the number and state of the casualties and the destruction caused by the shelling, a major clean-up operation had to be launched immediately after the end of the shelling. This resulted in the loss of important evidence. However, there was substantial evidence of multiple proximity-fused artillery ammunition detonating directly above the compound, covering a large portion of its area. While the exact number cannot be determined, the available evidence suggests that eight such projectiles detonated over the compound and one just outside it. There was also evidence that five high-explosive point-detonating projectiles detonated in the compound and three close to it. In sum, evidence was found of 13 detonations inside or directly above the compound and 4 very close to it."

'They just don't care' about UN force

globeandmail.com : 'They just don't care' about UN force: "The Israeli shelling that killed four United Nations peacekeepers, one of them Canadian, in south Lebanon was likely the result of recklessness rather than deliberate action, a former top member of the UNIFIL mission said yesterday.

Timur Goksel, a veteran peacekeeper who spent years acting as a liaison between the UNIFIL observer mission in south Lebanon and the Israeli army, said he was angered but unsurprised by the incident on Tuesday. He said it fit a long pattern of irresponsible behaviour by the Israelis that frequently put UN peacekeepers in the line of fire.

'The Israelis just don't care. I don't call it deliberate, that's just too harsh,' he said. 'This was totally unnecessary. There's no reason to drop this bomb on a UN base that's been there for 50 years.'"

Canadian victim had sent email discussing Hizballah activity near the outpost.

UN monitors a mistake

Guardian Unlimited | Special reports | Olmert: killing UN monitors a mistake
The UN general secretary, Kofi Annan, today accused the Israeli military of carrying out a sustained bombing of the UN base on the Lebanon-Israel border that culminated in the killing of four unarmed monitors.

Mr Annan said he had suggested to the Israeli prime minister, Ehud Olmert, that they carry out a joint investigation into the events that led to the shelling of the "well-established and well marked" Unifil (UN interim force in Lebanon) post in the town of Khiyam.

"I spoke to Mr Olmert and he definitely believes it was a mistake and has expressed his deep sorrow, " Mr Annan told a press conference in Rome.

"But the shelling started in the morning and went on until after 7pm. You cannot imagine the anguish of the unarmed men and women peacekeepers who were there."

Beyond the war in Lebanon

Beyond the war in Lebanon | csmonitor.com: "The big question is how much time Israel will have to accomplish its goals. Much depends on three factors: First, the ability of the Israeli military to avoid the slaughter of large numbers of civilians - events such as the 1996 Qana massacre, in which Israel shelled a UN base and killed some 100 civilians. It takes a long time for thirst, deprivation, and hunger to register with outside observers, but bloody and dismembered bodies, especially those of children, ring all the alarm bells.

Second, the ability of Hizbullah to sustain itself as a lethal, coherent paramilitary force.

Third, the ability of the Bush administration to withstand pressure to act. When it comes to Israel, Bush has been willing to give a freer hand than any American president, but the pressure for the US to act more assertively is growing, especially from Europe and US allies in the Middle East."