Israel
's military operations in the Gaza city of Rafah, which appeared
to be winding down on Monday May 24, have drawn widespread international
condemnation. United Nations Secretary General Kofi Annan described
the house demolitions carried out in Rafah as “collective punishment”
and said Israel should “refrain from further grave violations of
international law.” The U.N. Security Council passed a resolution
on May 19 calling on Israel to “respect its obligations under international
humanitarian law,” and insisting “on its obligation not to undertake
demolition of homes contrary to that law.”
Yosef
Lapid, the Justice Minister in the Israeli cabinet, also condemned
the operation, saying that the demolition of houses in Rafah was
“not humane,” and warning that those responsible might face calls
for prosecution before an international court.
According
to news reports, 42 Palestinians have been killed during the last
week in Rafah. In addition, according to the U.N. relief agency
UNRWA, 180 houses have been destroyed; the Israeli army put the
number of houses destroyed at 12. Israel says its military operations
have been aimed at rounding up militants who have attacked Israeli
soldiers and preventing the smuggling of weapons through tunnels
from Egypt into the Gaza Strip.
The
military action, known as Operation Rainbow, was launched after
13 Israeli soldiers were killed in ambushes along a road that runs
between Rafah and the Egyptian border.
Under
the fourth Geneva Convention, which protects civilians in time of
war or occupation, collective punishments – when those who have
not participated in attacks are nevertheless targeted in reprisal
– are a war crime. All military actions must be directed against
people who are taking part in hostilities. According to Article
33, “ No protected person may be punished for an offence he or she
has not personally committed.” The article also states that “collective
penalties and likewise all measures of intimidation or of terrorism
are prohibited,” as are “reprisals against protected persons and
their property.”
On
May 19, eight Palestinians were killed and many injured when a demonstration
in Rafah was hit by fire from an Israeli tank. According to the
Israeli government, the tank fired a shell against a deserted building
and those killed and injured were hit by shrapnel. Under international
humanitarian law, forces must avoid taking action which can be expected
to cause harm to civilians that is disproportionate to the military
gain achieved. In addition, occupying forces confronting a demonstration
are bound by human rights principles that only permit the use of
lethal force against people when it is absolutely necessary.
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