Why Are NGOs Not Investigating Hamas War Crimes?

Dr. Avi Bell speaks on the subject "Gaza War Crimes" at the Jerusalem Center for Public Affairs on Monday, February 9, 2009. Dr. Bell reviews the situation in Gaza using international law to describe military actions. To view the entire briefing, visit the Jerusalem Center for Public Affairs' website: http://www.jcpa.org
Global Law Forum: http://www.globallawforum.org


Hamas' War Crimes
29/01/2009
Avi Bell | Gaza

I have yet to see any of the major NGO's or other players in the internation law field turn any serious attention to Hamas war crimes and other violations of international law committed during the current fighting in Gaza.

To fill in the gap, I will, as I get to it, list reports of Hamas war crimes, primarily as reported by media outlets outside of Israel. I will update the list as I run across items, and will be delighted to get emails from readers with further suggestions.

Just to get things rolling, here's a start:

On January 7, the Washington Post reported that Hamas "opted for a tactical withdrawal, with its fighters melting away into the strip's sprawling cities and refugee camps, according to Gaza residents and Israeli military analysts and officers. Now, Hamas appears to be daring the Israeli troops to follow." This appears to be a deliberate and illegal attempt to use Gaza's urban population as civilian shields.

This December 29 story from the New York Times quotes a Hamas spokesman calling on Hamas terrorists (and others) to murder Israeli civilians. In the wrods of the Times, "Fawzi Barhoum, a spokesman for Hamas, told reporters that Israel had started a 'war' but that it would not be able to choose how it would end. He called for revenge in the form of strikes reaching 'deep into the Zionist entity using all means,' including suicide attacks." This violates the rule of distinction, and is arguably incitement in violation of article 6 of the Genocide Convention.

This December 29 story from the New York Times describes Hamas death squads murdering Palestinians in Shifa Hospital in Gaza: "At Shifa Hospital in Gaza, the director, Dr. Hussein Ashour ... was not the only official in charge. Armed Hamas militants in civilian clothes roamed the halls. Asked their function, they said it was to provide security. But there was internal bloodletting under way. In the fourth-floor orthopedic section, a woman in her late 20s asked a militant to let her see Saleh Hajoj, her 32-year-old husband. She was turned away and left the hospital. Fifteen minutes later, Mr. Hajoj was carried out by young men pretending to transfer him to another ward. As he lay on the stretcher, he was shot in the left side of the head. Mr. Hajoj, like five others killed at the hospital this way in 24 hours, was accused of collaboration with Israel." Murders like this are generally considered crimes against humanity.

The same story also described Hamas rocket attacks on civilians in Ashkelon that killed a construction worker, wounded several others and otherwise forced civilians into shelters. These attacks violate the rule of distinction. Curiously, the New York Times story described all this in the passive voice, without identifying the persons shooting off the rockets.

Finally, the same story described another instance of illegal civilian shielding by Hamas and the tragic consequences to five Palestinian civilians: "In the Jabalya refugee camp on Sunday, an attack on a mosque where militants were hiding also struck a nearby house, killing five girls under the age of 18, health ministry officials said."
See the full updated webpage:
http://www.globallawforum.org/ViewBlog.aspx?ArticleId=35

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[AS566]

Well, I understand Israel's sick mindset.

A friend of mine who used to live in Israel, and still has relatives there, told me that a few days ago a car was found near a popular mall, wired with over 50kg of explosives and shrapnel (screws and ball bearings). If I lived anywhere near there, I'd be in a sick mindset too.

Now, I can't site him or his source of info, so I'm not stating it as fact, but similar cases have occurred before the latest operation. Can't you see how the people might be mad?

[AS566]

I understand resorting to violence. Most people might.

I would look around and realize that my elected government isn't doing its job. Sure, they're attacking a country from my house, my neighbor's house, the hospital, or my kid's school, and leaving before the sites get demolished. They're also spending the money meant for me and my people on their own hatreds, extremist agendas, and weapons.

I would also ask myself, and others, why Egypt has closed its boarders off too.

[Redcarpet01]

Both AI & HRW investigated Hamas. Of course, Dr. Bell didn't like their conclusions so he just claims they didn't investigate at all. Pathetic

[twoand2is5]

Every mind matters...except flapping Canadian minds.

[JessLaJess]

Every mind matters, daddy.

[twoand2is5]

You aren't helping the Palestinians, Jess, please stop.

[JessLaJess]

Of course I'd be mad, but I'd focus my anger on the bigger picture. Why are these extremists being bred? What policies or ideas cause them? I don't know for sure, but I'd bet 40 years of occupation would probably create a few extremists. I truly feel sorry for Jews living in such scary conditions, however I feel worse for palestinians, especially the refugees in Gaza. A contemporary similar situation is the IRA, look how they slowed down the violence there.

[AS566]

Well, I guess in the end it comes down to whom you trust for information.

Unless you have a source of info available to you that I do not, neither one of us knows exactly what's going on and who's telling the truth.

[JessLaJess]

Egypt has closed its borders off because it is the second largest receiver of military aid from the US. Aside from aid money, they will not do a fucking thing because the master will get angry if they do. And if you think Iran should help as well, I don't know if you do or not, but if they pull any shit Israel is trigger ready to put them back in the 19th century as well.

[JessLaJess]

Where are the reports that they are attacking from houses and schools? They are all from Israeli gov't sources, and none from Human Rights orgs. Do you know why? Because it's bullshit. It's propaganda.

Hamas was elected because they spend more than Fatah on social programs and helping its people. I don't agree or condone their policies towards Israel, but they treat their people much better than Fatah, who has caved into Israeli wants. The West bank is quietly worsening every day.

[JessLaJess]

Of course I don't believe both sides would be ok, but at least it would stop the current violence and make negotiations easier.

The pre-1967 borders aren't great, but it's a start.

Hamas was democratically elected, just like the Israeli government. Israeli citizens are in a sick mindset right now, with over 90 per cent agreeing with their military actions. I don't think the two state solution will change their government's ideology, but once again it will be a start to change the people's.