Hamas Rockets and Israel


Following years of rocket and missile attacks on the Israeli cities of  Ashkelon, Ashdod and Sderot from the Hamas rulers of Gaza and after the barrage intensified to hundreds a day, Israel responded by launching Operation Cast Lead, an invasion of the Gaza intended to silence these attacks. Following Cast Lead, a UN investigating commission lead by Richard Goldstone of South Africa wrote a report accusing Israel of targeting civilians. Israelis denied this but the report dismissed Israel’s own investigations (Even though these were quite thorough and led to discipline and prison for a handful of IDF soldiers who were found to have violated the “rules of war.”

Recently, Richard Goldstone, the chair of that commission, has repudiated his own report, saying that he has now information showing that the report was wrong and that Israel had not targeted civilians, unlike Hamas which had.

Also recently, the rockets and missiles have begun again.

Here is Richard Goldstone’s own statement. Following Goldstone’s statement, I am providing the stories of two mothers and the experiences their children are at this moment having. These stories came in personal emails received in an international psychotherapy group to which I belong. I have requested and received permission from these women to publish their stories. I also have had as a client, an Israeli psychotherapist in burnout. He was working in Sderot with children. As many as 30% of young children in Sderot suffer from PTSD.

None of this is to deny the equal suffering on the part of ordinary Palestinians. They are subject to similar difficult living conditions. Extremists like Hamas, Hezbollah, the “settlers” and the ultra-orthodox Jews and extremist Muslims are creating all this suffering for ordinary people on both sides.

But first, Goldstone himself in the Washington Post . . .

Reconsidering the Goldstone Report on Israel and war crimes

By Richard Goldstone, Friday, April , 8:42 PM

We know a lot more today about what happened in the Gaza war of 2008-09 than we did when I chaired the fact-finding mission appointed by the U.N. Human Rights Council that produced what has come to be known as the Goldstone Report. If I had known then what I know now, the Goldstone Report would have been a different document.

The final report by the U.N. committee of independent experts — chaired by former New York judge Mary McGowan Davis — that followed up on the recommendations of the Goldstone Report has found that “Israel has dedicated significant resources to investigate over 400 allegations of operational misconduct in Gaza” while “the de facto authorities (i.e., Hamas) have not conducted any investigations into the launching of rocket and mortar attacks against Israel.”

Our report found evidence of potential war crimes and “possibly crimes against humanity” by both Israel and Hamas. That the crimes allegedly committed by Hamas were intentional goes without saying — its rockets were purposefully and indiscriminately aimed at civilian targets.

The allegations of intentionality by Israel were based on the deaths of and injuries to civilians in situations where our fact-finding mission had no evidence on which to draw any other reasonable conclusion. While the investigations published by the Israeli military and recognized in the U.N. committee’s report have established the validity of some incidents that we investigated in cases involving individual soldiers, they also indicate that civilians were not intentionally targeted as a matter of policy.

For example, the most serious attack the Goldstone Report focused on was the killing of some 29 members of the al-Simouni family in their home. The shelling of the home was apparently the consequence of an Israeli commander’s erroneous interpretation of a drone image, and an Israeli officer is under investigation for having ordered the attack. While the length of this investigation is frustrating, it appears that an appropriate process is underway, and I am confident that if the officer is found to have been negligent, Israel will respond accordingly. The purpose of these investigations, as I have always said, is to ensure accountability for improper actions, not to second-guess, with the benefit of hindsight, commanders making difficult battlefield decisions.

While I welcome Israel’s investigations into allegations, I share the concerns reflected in the McGowan Davis report that few of Israel’s inquiries have been concluded and believe that the proceedings should have been held in a public forum. Although the Israeli evidence that has emerged since publication of our report doesn’t negate the tragic loss of civilian life, I regret that our fact-finding mission did not have such evidence explaining the circumstances in which we said civilians in Gaza were targeted, because it probably would have influenced our findings about intentionality and war crimes.

Israel’s lack of cooperation with our investigation meant that we were not able to corroborate how many Gazans killed were civilians and how many were combatants. The Israeli military’s numbers have turned out to be similar to those recently furnished by Hamas (although Hamas may have reason to inflate the number of its combatants).

As I indicated from the very beginning, I would have welcomed Israel’s cooperation. The purpose of the Goldstone Report was never to prove a foregone conclusion against Israel. I insisted on changing the original mandate adopted by the Human Rights Council, which was skewed against Israel. I have always been clear that Israel, like any other sovereign nation, has the right and obligation to defend itself and its citizens against attacks from abroad and within. Something that has not been recognized often enough is the fact that our report marked the first time illegal acts of terrorism from Hamas were being investigated and condemned by the United Nations. I had hoped that our inquiry into all aspects of the Gaza conflict would begin a new era of evenhandedness at the U.N. Human Rights Council, whose history of bias against Israel cannot be doubted.

Some have charged that the process we followed did not live up to judicial standards. To be clear: Our mission was in no way a judicial or even quasi-judicial proceeding. We did not investigate criminal conduct on the part of any individual in Israel, Gaza or the West Bank. We made our recommendations based on the record before us, which unfortunately did not include any evidence provided by the Israeli government. Indeed, our main recommendation was for each party to investigate, transparently and in good faith, the incidents referred to in our report. McGowan Davis has found that Israel has done this to a significant degree; Hamas has done nothing.

Some have suggested that it was absurd to expect Hamas, an organization that has a policy to destroy the state of Israel, to investigate what we said were serious war crimes. It was my hope, even if unrealistic, that Hamas would do so, especially if Israel conducted its own investigations. At minimum I hoped that in the face of a clear finding that its members were committing serious war crimes, Hamas would curtail its attacks. Sadly, that has not been the case. Hundreds more rockets and mortar rounds have been directed at civilian targets in southern Israel. That comparatively few Israelis have been killed by the unlawful rocket and mortar attacks from Gaza in no way minimizes the criminality. The U.N. Human Rights Council should condemn these heinous acts in the strongest terms.

In the end, asking Hamas to investigate may have been a mistaken enterprise. So, too, the Human Rights Council should condemn the inexcusable and cold-blooded recent slaughter of a young Israeli couple and three of their small children in their beds.

I continue to believe in the cause of establishing and applying international law to protracted and deadly conflicts. Our report has led to numerous “lessons learned” and policy changes, including the adoption of new Israel Defense Forces procedures for protecting civilians in cases of urban warfare and limiting the use of white phosphorus in civilian areas. The Palestinian Authority established an independent inquiry into our allegations of human rights abuses — assassinations, torture and illegal detentions — perpetrated by Fatah in the West Bank, especially against members of Hamas. Most of those allegations were confirmed by this inquiry. Regrettably, there has been no effort by Hamas in Gaza to investigate the allegations of its war crimes and possible crimes against humanity.

Simply put, the laws of armed conflict apply no less to non-state actors such as Hamas than they do to national armies. Ensuring that non-state actors respect these principles, and are investigated when they fail to do so, is one of the most significant challenges facing the law of armed conflict. Only if all parties to armed conflicts are held to these standards will we be able to protect civilians who, through no choice of their own, are caught up in war.

—————————————

Here are the stories from my received emails. . .

I didn’t sleep last night. I had to pick up my three kids from their bed in the middle of the night and run to the shelter.

After a few seconds we went back to the room they all tried to sleep again. They all were with me in the bed ,and one of them was really afraid ,she said mom I am really afraid from the bombs !!I was hugging her trying to relax her as I am at last a”super woman ” telling her that everything is okay, while I know that it isn’t!!

My 9 years old told her we are very good at the sheltering, we did it so many times at school ,and I AM WONDERING IF MY KIDS NEED TO BE SAFE IN THE SHELTER IF I CAN PROMISE THEM (AS I DID YESTERDAY ALSO FOR MY SELF)  THAT WE ARE SAFE ????

FOR A BETTER DAYS FOR YOU FOR ME AND FOR THE WORLD.

Tal from I srael

——————————
As of Friday morning the entire south of Israel  in under alert situation, as a result of constant bombardment from Gaza,  and families are spending time in and out of sheltered areas.
Our Village, where i live,  is a little further away , about 50 km away from troubled zone , but Israel is so small that it feels we are all in one village trying to defend ourselves.
Our theater, where I am working with adults and children, is on the border with Gaza and when the siren goes off we have 8 seconds to find shelter ( ! ) . We find ourselves hiding under the tables in the room if we do not make it on time to a security sheltered  room.
At the same time I am devoting my thoughts and prayers for our neighbours the Palestinians, some of whom I recently met in Sderot at the Gaza Sderot conference , and am worried about their fate. There is this eternal question who will stop first and bring all of us some relief and hope through  a dialogue of words rather bombs!
I do not wish to sound cynical but Hope is such a naive request under the circumstances that it makes me feel like the village fool.

A short report from another troubled zone in our otherwise “very peaceful world”.

Ofra

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One Comment

  1. Posted April 16, 2011 at 5:54 pm | Permalink | Reply

    Very sad what is going on. Sons of Abraham

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