More Arabs Criticising Hamas

Ceasefire discussions are taking place in Egypt. More and more Arabs are speaking out against the stubborness of Hamas, see three examples below 


·       Palestinian 5th Column - Ahmed Al-Jarallah

Hamas continues to trade in the blood of the innocent people in Gaza and it has rejected calls for a cease-fire. Do they think they will be able to defeat Israel with their primitive weapons? Whether we like it or not, Israel is there. No solution will go through without Israel being part of it.  Therefore, it is up to the Palestinians to get rid of their illusions and sincerely try to contemplate the benefits brought forth by Egypt's [cease-fire] initiative. (Arab Times-Kuwait)

    See also What Is Hamas Trying to Achieve? - Dr. Azeem Ibrahim

Hamas is playing a cynical game by firing completely useless and militarily insignificant rockets into Israel. The purpose of these wanton attacks, that cannot hope to penetrate Israel's Iron Dome, cannot reasonably be other than to provoke Israeli retaliation. Their hope is that this will lead to significant sympathy around the Muslim world that might rescue Hamas financially. (Al Arabiya)

    See also Where Are Gaza's Bomb Shelters? - Abdulateef al-Mulhim

Why was Hamas successful in spreading a sophisticated network of tunnels and failed to build simple bomb shelters if they knew there would be armed conflicts? If Hamas really wanted an armed conflict, then they should have at least built some bomb shelters for the poor innocent Palestinians. Most of them don't want this armed conflict. (Arab News-Saudi Arabia) 

Terror via Tunnel

IDF Thwarts Hamas Infiltration and Terror Attack Using a Tunnel

1.    IDF spokesperson reports that Early Thursday morning (July 17), IDF forces thwarted an attack by Hamas terrorists attempting to infiltrate Israel through a terror tunnel.

"This morning, IDF forces identified approximately 13 terrorists attempting to infiltrate Israel through a terror tunnel constructed by Hamas. The tunnel led underground from the southern Gaza Strip towards the southern Israeli community of Sufa. ​IDF forces thwarted an impending terror attack, preventing the terrorists from attacking an Israeli kibbutz. The foiled attack could have had deadly and devastating consequences if carried out. No injuries were reported to IDF soldiers.

Terror tunnels are just one example of Hamas’ constant attempts to violate Israel’s sovereignty and security, by carrying out lethal attacks against Israeli civilians. As the IDF demonstrated in recent days, Hamas will not be able to launch strikes against Israel without consequences."

2.    On July 8^th, another major terrorist attack was foiled when a massive terror tunnel was exposed and was blown up close to the Kerem Shalom crossing, where dozens of truckloads of goods enter Gaza every day.

3.    Both these foiled terror attacks took place close to the land crossings between Israel and Gaza, which function as important lifelines for the civilian population of Gaza. Despite these repeated attacks, Israel will continue to operate the land crossings in order to allow for goods to enter the Gaza Strip.

4.    Video of the thwarted attack:

https://www.youtube.com/watch?v=SM6WUoel7xk

5.    Photos of the terrorists' weapons:

https://www.flickr.com/photos/israel-mfa/sets/72157645728447462

Does Hamas Really Kill Its Own Civilians?

Gaza Strip NGO Safety Office Project (GANSO) is a project of CARE International, funded by the European Commission’s Directorate General for Humanitarian Aid (ECHO) with the aim of providing the information and analysis the NGO community needs in order to implement humanitarian projects safely.

CARE International is an international, non profit, secular confederation of 12 member organisations committed to fighting global poverty and delivering emergency aid in times of humanitarian crisis. CARE International’s Secretariat is based in Geneva and the 12 members work in more than 60 countries around the world.

A check from the beginning of the year of reports of Gazan civilians killed by Hamas' own rocket fire, shows:-

9-22 January Of 36 Home Made Rockets (HMRs)/Mortars, 19 landed in Gaza.

23 January-5 February 50% fell inside Gaza.

6-19 February no mention.

20 February-5 March 6 dropped in Gaza.

6-19 March 24 out of 64 firings dropped short/exploded on-site.

20 March-2 April. 9 civilians injured and 1 death due to accidents involving explosive devices and unexploded ordnance.

3-16 April. 3 fatalities and 6 injuries due to accidental explosions.

17-30 April. 8 rockets dropped short out of 24.

In summary, a significant percentage of rockets and mortars fired off by Hamas and Islamic Jihad fall short, never making it across the Green Line and do cause fatalities and injuries among civilians.

Over 1350 rockets have so far, at least, been fired at Israel since the beginning of Operation Protective Edge. Just how many of those fell short and caused death, injury and destruction of property?

Sound Bytes of failed cease fire

With the failed attempt at a cease fire yesterday, it not being accepted by Hamas, the rockets continue.

The following are short sharp sound bytes that can be used in letters or conversations with friends, colleagues, etc

·       Israel accepted the Egyptian brokered ceasefire, supported by the Arab League, but Hamas and Islamic Jihad rejected it.

·       By rejecting the ceasefire and continuing to launch rockets at Israel, Hamas demonstrates once again that it is more interested in terror than in caring for the citizens of Gaza.

·       Hamas is directly responsible for the continuing hostilities, and for the suffering caused to civilians on both sides.

·       Hamas commits war crimes by using Gaza civilians as human shields and cynically puts their lives in grave danger. Hamas deliberately embeds its military operations deep within residential areas, in schools, mosques and hospitals.

·       Hamas considers every man, woman and child in Israel a legitimate target.

·       Israel does not consider the population of Gaza as enemies. Israel does the utmost to avoid harming uninvolved civilians and is acting solely to weaken Hamas terrorist infrastructure and safeguard our civilians.

·       Israel's goal is to restore the quiet for its citizens while inflicting a significant blow on the terrorist organizations.

·       No country in the world would sit idly by while its civilian population is subjected to terrorist rocket fire. Israel is no exception.

·       There is no symmetry: "Israel uses missile defense to protect its civilians, while Hamas is using its civilians to protect its missiles" (PM Netanyahu).

·       The international community must strongly condemn Hamas and the war crimes it is perpetrating in order to put an end to suffering on both sides.

·       In 2005 Israel withdrew from Gaza to the last millimeter and every last settlement was removed, just as the international community demanded. It should now support Israel's campaign against Hamas.

Hamas' War Crimes

(With thanks to colleague Charles Abelson at Truth be Told -TbT)

Hamas' actions are in clear violation of the most fundamental principles of the laws of armed conflict, including the principle of distinction. This principle requires parties to an armed conflict to refrain from deliberately targeting civilian population or civilian objects. Likewise, it requires parties to distinguish its military operations and the civilian population, and to refrain from using the presence of the civilian population to shield military objectives.

Hamas violates this fundamental principle in two main ways –

·       By deliberately attacking Israel's civilian population, including by conducting suicide, rocket and mortar attacks.

·       By deliberately and systematically employing tactics which put the Palestinian civilian population in danger, including the launching of attacks from within densely populated areas, the use of human shields, deploying weapons storage sites and command centers in residential homes and in densely populated areas and commandeering sensitive sites (such as hospitals, private homes, schools and mosques) for terrorist use. 

These actions clearly constitute war crimes, as defined by international law and may also amount to crimes against humanity.

The principle of distinction is anchored in customary international law. It has been reflected in treaties and other sources of international law, including in several articles of the Additional Protocol to Geneva Conventions, 1979.[1] For example:

·       Article 48:  “In order to ensure respect for and protection of the civilian population and civilian objects, the Parties to the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives.”

·       Article 51(2): "The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited"

·       Article 58: " The Parties to the conflict shall, to the maximum extent feasible: (a)…endeavor to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives;

(b) Avoid locating military objectives within or near densely populated areas;"

·       Article 51(7): "… The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations."

·       Article 12(4): "Under no circumstances shall medical units be used in an attempt to shield military objectives from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against military objectives do not imperil their safety."

·       Article 53: "It is prohibited (a) to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples; (b) to use such objects in support of the military effort;

Palestinian UN representative themselves say every missile fired from Gaza at Israel is ‘a crime against humanity’ 

In interview with PA TV, diplomat details possible risks to the Palestinians of their joining the International Criminal Court.

The Palestinian representative to the UN Human Rights Council in Geneva said that every rocket and mortar fired from Gaza toward Israel is a “crime against humanity.”

Speaking on July 9 to Palestinian Authority TV on the possible risks involved if Palestinians leaders ask to join the International Criminal Court — as they have threatened to do in order to push for measures against Israel — Ambassador Ibrahim Kraishi said the “Palestinian weakness” in terms of international law is the indiscriminate firing of rockets at Israel.

“The missiles that are now being launched against Israel, each and every missile constitutes a crime against humanity, whether it hits or misses, because it is directed at civilian targets,” said Kraishi.

The ambassador said that, by contrast, Israel’s actions follow legal procedures, because the IDF warns Gazan civilians to leave sites and areas before they are bombed.

“Many of our people in Gaza appeared on TV and said that the Israelis warned them to evacuate their homes before the bombardment. In such a case, if someone is killed, the law considers it a mistake rather than an intentional killing because [the Israelis] followed the legal procedures.”

“As for the missiles launched from our side, we never warn anyone about where these missiles are about to fall or about the operations we carry out,” he says.

---

[1] It should be noted that Israel is not a Party to the Additional Protocols. Nevertheless, it is Israel's position that a number of Articles in the Protocol reflect customary international law.

Israel’s response to OHCHR press briefing

(Communicated by the Permanent Mission of Israel to the United Nations in Geneva)

14 July 2014

I have read the OHCHR press briefing from Friday, 11 July 2014, and I reject it outright.

I read it with a magnifying glass, looking for any combination of the words "Hamas" and "condemn". I have failed to find it. In the efforts to safeguard the human rights of Israelis, the UN High Commissioner of Human Rights and her Office have failed dismally.

The clarity of her message to Israel is in sharp contrast to the opaqueness of her message to Hamas. She has put to shame George Orwell’s doublespeak. She refused, over and over, to acknowledge the fact that Hamas is committing a double war crime: targeting Israeli civilians while hiding behind Palestinian civilians. Israel, on the other hand, is taking measures to avoid harming innocent civilians and to minimize casualties. Hamas exploits Israel’s policy by instructing its population to act as human shields for its arsenal of deadly missiles and for its leaders and terrorists.

I react with total disbelief to the High Commissioner of Human Rights’ call made to "leaders on all sides" to "abandon their poisonous rhetoric". Israel acted with utmost restraint when rockets started to rain on its cities and villages following the abduction and killing of Eyal, Gil-ad and Naftali, on June 12. Furthermore, Israeli leaders have condemned the murder of Muhammad Abu Khder and the suspects to the murder have already been arrested and await trial.

And Hamas? Where is Hamas’ condemnation of the perpetrators? Am I deaf? I cannot hear strong voices of empathy and condolences to the families of the youths, or condemnation of the deed itself. I believe I have perfect hearing, yet I hear nothing. I only hear Hamas celebrating the landing of missiles on the homes of Israeli civilians.

The UN Office of the High Commissioner for Human Rights is misguided. The High Commissioner has lost her bearings. Focusing her criticism on Israel is wrong, biased, unjustifiable and, ultimately, unhelpful. If she actually wanted to be helpful in this situation, she would have condemned Hamas in the strongest manner.

So, once again, let me make the realities on the ground crystal clear:

Hamas – an internationally recognized terrorist organization – deliberately embeds its military operations deep in residential areas, and exploits its own civilian population as human shields. These actions are war crimes. Many of Hamas' commanders use their own homes for military purposes – including weapons storage, command and control centers and military communications. In videos uploaded to the IDF's YouTube channel, secondary explosions can be seen following IDF attacks on some of these houses – clearly indicating their military use. Under international law, when the exploitation of residential houses makes an effective contribution to Hamas' military actions, these buildings clearly become legitimate military targets. 

When attacking these lawful targets, the IDF makes every effort to ensure such attacks are proportionate and to minimize any unavoidable civilian harm. The IDF has no desire to harm civilians, and is acting solely to weaken Hamas terrorist infrastructure and safeguard our civilians.  

The IDF conducts its operations in full accordance with international law. IDF commanders are trained in international law and legal advisors are embedded at the highest level of the chain of command. The IDF employs a range of tools – including distributing flyers, personalized phone calls and text messages – to warn people in the vicinity of an impending attack. 

Instead of raising doubts regarding Israel's commitment to the rule of law, the High Commissioner and her Office should be questioning why Hamas deliberately embeds its military operations in residential homes and civilian areas. A terrorist organization that uses its civilian population as human shields, and deliberately fires at the Israeli civilian population, is conducting war crimes – and should be denounced for doing so.

I believe the High Commissioner’s concerns for the implementation of Israel’s ‘Operation Protective Edge’ have been fully answered. Her responsibility now is to condemn Hamas and to call on President Abbas to dissolve the Fatah-Hamas “unity government” pact, as well as to support Israel’s right to defend itself.

This is the only way to achieve peace in our region.

Houses Hit in Gaza Used For Military Purposes

Throughout the initial stages of Operation "Protective Edge" – initiated in order to restore security to Israel's civilian population under constant rocket and mortar fire from the Gaza Strip – the IDF struck a number of houses throughout the Gaza Strip belonging to Hamas operatives used for military purposes.

Hamas conducts its military activities deep within residential areas in the Gaza Strip. By doing so, Hamas exploits the IDF's desire and efforts to avoid harm to the Palestinian civilian population. In many cases, Hamas uses its commanders' own homes, where their families and other civilians may be residing, for military purposes. These houses may be used for activities such as weapons storage, command and control centers and communications. The cynical use of such homes can be seen in the following video, where a secondary explosion can be identified as the result of the detonation of weapons stored under the building: https://www.youtube.com/watch?v=i5KJ3WMxArk&app=desktop

When such houses are used for military purposes, they may become legitimate military targets under international law. The IDF only aims its attacks against legitimate military targets as defined under the relevant rules of international law. In order to accurately determine military targets, the IDF employs advanced methods, including multiple levels of intelligence, the provision of legal advice and extensive prior training provided to operational commanders.

Even where a house is considered a lawful military target, the IDF takes great efforts to minimize any potential harm to the surrounding civilian population. It does so by using tools that may be available at the time, such as real time visual coverage in order to assess the civilian presence at the time of the attack, by carefully choosing weaponry and ammunition which will help to minimize any harm caused and by providing advance warnings in certain instances. Many of the IDF's efforts in this regard go over and above its legal obligations and the accepted practice of other militaries conducting hostilities in urban areas. Unfortunately, many of the IDF's attempts to provide advance warning are exploited by Hamas, who uses civilians as human shields in order to deter attacks.

Further, where a commander determines that an attack is expected to cause collateral damage which would be excessive in relation to the military advantage anticipated, the attack will not be carried out.

Nevertheless, regrettably, the IDF cannot guarantee that no civilian harm at all will be caused during its operations. When terrorist organizations such as Hamas deliberately use civilian homes for terrorist purposes, it is unavoidable that some civilians will be harmed when the IDF acts against these targets. Unfortunately, Hamas exploits such instances to claim that the IDF deliberately seeks to harm the civilian population in the Gaza Strip – but fails to acknowledge that it has intentionally put these citizens in grave danger by masking their terrorist activities behind a civilian veil.

The IDF is continuing to conduct its operations in full accordance with international law – including by only attacking legitimate military targets, and will continue its efforts to minimize the harm to the civilian population. In contrast, Hamas deliberately and constantly fires indiscriminately towards Israel's civilian population, and celebrates when Israel's civilians are harmed. These actions constitute the most heinous war crimes. The IDF will continue to defend its citizens from such terrorist activity.