Col. Richard Kemp: The U.N.’s Gaza Report Is Flawed and Dangerous
Judge Davis suggests that the I.D.F.’s use of air, tank and artillery fire in populated areas may constitute a war crime and recommends further international legal restrictions on their use. Yet these same systems were used extensively by American and British forces in similar circumstances in Iraq and Afghanistan. They are often vital in saving the lives of our own soldiers, and their curtailment would jeopardize military effectiveness while handing an advantage to our enemies.Even when faced with criminal tactics, Israel abided by the laws of armed conflict
The I.D.F. is not perfect. In the heat of battle and under stress its commanders and soldiers undoubtedly made mistakes. Weapons malfunctioned, intelligence was sometimes wrong and, as with all armies, it has some bad soldiers. Unnecessary deaths resulted, and these should be investigated and the individuals brought to trial if criminal culpability is suspected.
The reason so many civilians died in Gaza last summer was not Israeli tactics or policy. It was Hamas’s strategy. Hamas deliberately positioned its fighters and munitions in civilian areas, knowing that Israel would have no choice but to attack them and that civilian casualties would result. Unable to inflict existential harm on Israel by military means, Hamas sought to cause large numbers of casualties among its own people in order to bring international condemnation and unbearable diplomatic pressure against Israel.
Judge Davis’s report is rife with contradictions. She acknowledges that Israeli military precautions saved lives, yet without foundation accuses “decision makers at the highest levels of the government of Israel” of a policy of deliberately killing civilians. Incredibly, she “regrets” that her commission was unable to verify the use of civilian buildings by “Palestinian armed groups,” yet elsewhere acknowledges Hamas’s widespread use of protected locations, including United Nations schools.
Most worrying, Judge Davis claims to be “fully aware of the need for Israel to address its security concerns” while demanding that it “lift, immediately and unconditionally, the blockade on Gaza.” Along with the report’s endorsement of Hamas’s anti-Israel narrative, this dangerous recommendation would undoubtedly lead to further bloodshed in both Israel and Gaza.
In fact, the IDF’s efforts to mitigate civilian casualties went beyond the legal requirements, as attested to by two separate reports of high ranking military experts from democratic countries around the globe, who came to Israel to investigate the last operation. For example, Israel surpassed the practices of militaries of democratic states, in warning Gaza citizens in the vicinity of military targets, and encouraging them to vacate the area prior to its attack. During the conflict, Israel also made extensive humanitarian efforts to alleviate hardship in Gaza, such as delivering humanitarian supplies (food and medical supplies, blankets, fuel and more) and providing medical treatment to wounded Gaza civilians.Richard Behar: Analysis: New York Times Editorial is Another Hit Job on Israel
The fact that military conflicts involve errors, as well as collateral damage (unintentional harm to civilians who were in the vicinity of legitimate military targets) is sad and regrettable, but nonetheless recognized and accepted in international law.
Israel has established an investigative mechanism in order to scrutinize its activities during the recent operation. As an open democracy, Israel is capable of investigating incidents of concern to determine whether they involved errors, collateral damage, or war crimes. Currently, Israel is examining over 100 incidents and the MAG has opened 19 criminal investigations.
It is important to illuminate the disparity between the reality, and what is often reported. The constant, biased treatment of Israel at the UN does not contribute toward a peaceful settlement of the conflict. It serves only to embolden Hamas and other terrorist groups to intensify their unlawful methods.
Does the New York Times editorial board want Israel to take it seriously? Is the board’s distaste for the country so strong that it has no interest in using the newspaper’s well-earned power and influence to make a real impact on the Israeli-Palestinian conflict? Take Tuesday’s editorial, which is among the kinds of low-hanging fruit that Gary Weiss and I will be picking and exposing once the funds are in place for our Mideast Reporter—a multimedia, multilingual investigative reporting enterprise. For now, some batting practice…
The Times editorial concludes: “…Israel has a duty, and should have the desire, to adjust its military policies to avoid civilian casualties and hold those who failed to do so accountable.”
“Should have the desire… to adjust…” Think about that for a moment. What they are saying is that Israel does not have such a desire, and that Israel has not, and does not, adjust its policies.
The editorial was written in support of the recent UN Human Rights Council report that concluded that Israel and Hamas may have committed war crimes during their war last summer. But here is what the editors decided to omit from the editorial:
