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-- proportionality prohibits disproportionate, indiscriminate force likely to cause damage to or loss of lives and objects.
In addition, precautions must be taken to avoid and minimize incidental loss of civilian lives, injuries to them, and damage to non-military sites. Under Fourth Geneva, they must be given "effective advance warning" and "neutralized zones" where they can be as protected as possible.
Fourth Geneva also prohibits collective punishment; the use of human shields; private property destruction; torture, cruel, inhuman or degrading treatment; denying the population adequate amounts of food and medical supplies; and assuring free passage of all "consignments" intended for civilian purposes.
Under international law, Israel willfully and repeatedly committed grievous crimes of war and against humanity and must be held accountable. The Goldstone and other reports demand it.
Illegal White Phosphorous and Flechette Shells Used
Israeli forces illegally used both weapons in densely populated residential areas. Flechettes are 4cm-long metal darts used as anti-personnel weapons that can penetrate human bone and inflict horrific injuries. One artillery shell contains from 5,000 - 8,000 of them. After firing, the shell ruptures, releasing them at high speed in a funnel-shaped pattern over a range of about 300 meters.
White phosphorous is a flammable chemical used both as an incendiary weapon and a smoke screen. When exposed to air, it spontaneously ignites and keeps burning until either all of it is consumed or it's deprived of oxygen. On human flesh it causes severe second and third degree chemical burns that are extremely hard to treat as well as suffocation, convulsions, severe eye pain and inhalation complications. Head of Al-Shifa Hospital's burn unit, Dr. Nafez Abu Sha'gan, said persons were admitted with "severe burns due to which (their) muscles and body cells (were) completely destroyed." In some cases, amputations were necessary. Others sustained fractures, internal hemorrhaging, and three patients died after surgery.
Using Civilians as Human Shields, Holding Others in Their Homes as Hostages
Fourth Geneva's Article 28 and Article 8(2)(b) of the Rome Statute of the International Criminal Court explicitly prohibit both practices. Yet Israeli troops repeatedly forced civilians to walk in front of them as they searched houses. They also held them involuntarily during clashes with Palestinian resistance fighters. Others were subjected to various humiliations and cruel treatment in their homes.
Attacking Medical Crews and Humanitarian Relief Personnel
Dozens were killed or wounded. Many of the wounded were denied health care. As a result, dozens bled to death in close proximity to soldiers. Medical personnel, ambulances, and fire fighters were prevented from helping them. In total, two doctors, five paramedics and one driver were killed. Another 50 were wounded. Shelling destroyed or heavily damaged dozens of hospitals and medical centers.
Fourth Geneva's Articles 14 - 23 explicitly protect medical personnel and facilities. Article 20 states:
"persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected."
Israel's non-compliance caused widespread suffering throughout Gaza, especially affecting those who lost loved ones or were denied proper treatment for their wounds. Many died as a result.
Targeting Journalists and the Mass Media
International human rights laws protect journalists as civilians and ensure their right of free expression, opinion, access to information, and freedom to report it. Nonetheless, Israeli forces fired indiscriminately at them, killed two, wounded nine more, detained others, shelled five media offices, and denied international journalists access to Gaza for a month before the war and throughout hostilities by declaring the Strip a closed military zone.
