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Additionally, numerous flippant remarks by senior Israeli politicians and generals, including Tzipi Livni, the foreign minister, refusing to make a distinction between civilian people and institutions and fighters - "Hamas doesn't ... and neither should we" is how Livni puts it - are rightly being seen as admissions of war crimes.
english.aljazeera.net...
Israel's current assault on the Gaza Strip cannot be justified by self-defense. Rather, it involves serious violations of international law, including war crimes. Senior Israeli political and military leaders may bear personal liability for their offenses, and they could be prosecuted by an international tribunal, or by nations practicing universal jurisdiction over grave international crimes. Hamas fighters have also violated the laws of warfare, but their misdeeds do not justify Israel's acts.
The United Nations charter preserved the customary right of a state to retaliate against an "armed attack" from another state. The right has evolved to cover nonstate actors operating beyond the borders of the state claiming self-defense, and arguably would apply to Hamas. However, an armed attack involves serious violations of the peace. Minor border skirmishes are common, and if all were considered armed attacks, states could easily exploit them -- as surrounding facts are often murky and unverifiable -- to launch wars of aggression. That is exactly what Israel seems to be currently attempting.
Israel's current assault on the Gaza Strip cannot be justified by self-defense. Rather, it involves serious violations of international law, including war crimes. Senior Israeli political and military leaders may bear personal liability for their offenses, and they could be prosecuted by an international tribunal, or by nations practicing universal jurisdiction over grave international crimes. Hamas fighters have also violated the laws of warfare, but their misdeeds do not justify Israel's acts.
The United Nations charter preserved the customary right of a state to retaliate against an "armed attack" from another state. The right has evolved to cover nonstate actors operating beyond the borders of the state claiming self-defense, and arguably would apply to Hamas. However, an armed attack involves serious violations of the peace. Minor border skirmishes are common, and if all were considered armed attacks, states could easily exploit them -- as surrounding facts are often murky and unverifiable -- to launch wars of aggression. That is exactly what Israel seems to be currently attempting.
online.wsj.com...
Indeed, in reviewing statements by Israeli military planners leading up to the invasion, it is clear that there was a well thought out decision to go after Gaza's civilian infrastructure - and with it, civilians.
The following quote from an interview with Major-General Gadi Eisenkot that appeared in the Israeli daily Yedioth Ahronoth in October, is telling:
"We will wield disproportionate power against every village from which shots are fired on Israel, and cause immense damage and destruction. From our perspective these [the villages] are military bases," he said.
"This isn't a suggestion. This is a plan that has already been authorised."
Causing "immense damage and destruction" and considering entire villages "military bases" is absolutely prohibited under international law.
english.aljazeera.net...
GAZA — Israel’s attack has razed buildings and upended families in much of crowded Gaza. But few neighborhoods suffered more than Zeitoun, a district of eastern Gaza City. And few families felt the wrath of the Israeli military more than the Samounis.
A house in the Zeitoun district was hit during the Israeli offensive, leaving 30 in the family dead. Ahmed al-Samouni, 16, survived. More Photos »
Israeli troops swarmed Zeitoun shortly after the ground invasion of Gaza began a week ago, and members of the extended Samouni family said they were moved from house to house as soldiers took over the neighborhood. On Monday, with nearly 100 Samounis huddled together in one house, the shooting and the shelling began, according to accounts of family members and witnesses that were partly corroborated by the Red Cross and the United Nations.
www.nytimes.com...