The Israeli military confirmed Monday that it had reprimanded two senior officers, a brigadier general and a colonel, for the firing of artillery shells that hit a United Nations compound during the Gaza war last winter. It was a rare admission of high-level wrongdoing at a time when Israel is battling accusations of possible war crimes.
But the military maintained ambiguity about a more contentious issue, whether the artillery shells that struck the compound contained white phosphorus, as the liberal daily newspaper Haaretz reported Monday. The chemical can be used to illuminate battlefields or cause smoke screens, but can also burn flesh.
The military has acknowledged using smoke shells containing white phosphorus nearby, and a military spokesman said it was possible that the shells that struck the compound contained it, but said that was not a factor in the reprimand.
“Their punishment had nothing to do with white phosphorus,” said Capt. Barak Raz, an Israeli Army spokesman, “but with the firing of artillery shells in a built-up area.” The Israeli news media identified the senior officers as a division commander, Brig. Gen. Eyal Eisenberg, and the former Givati brigade commander, Col. Ilan Malka. Neither was demoted, but Captain Raz said the reprimand would remain on their personal records and could affect their chances of promotion. Neither the military nor a government report that first disclosed the disciplinary action specified when it had taken place. Israel waged a three-week offensive against Hamas in Gaza after Palestinian militant groups there fired thousands of rockets at southern Israel over the span of several years. The war left up to 1,400 Palestinians dead, including hundreds of civilians, and caused widespread property damage in Gaza, prompting a severely critical report by a United Nations mission led by an experienced international jurist, Richard Goldstone of South Africa.
The Goldstone report, issued in September, accused Israel and, to a lesser extent, Hamas, of possible war crimes. Israel rejected it as biased and distorted, saying that while mistakes were made in what was a complex battle zone, they were not intentional and did not constitute war crimes. The Goldstone report called on the Palestinian Authority and Israel to carry out independent investigations into the allegations it raised. So far, Israel has carried out a series of military investigations, though many critics at home and abroad argue that the military cannot adequately investigate itself.
The reprimand of the two senior officers first surfaced deep inside an Israeli government report that was sent to the United Nations secretary general, Ban Ki-moon, on Friday. The 46-page document, Israel’s first official response to the Goldstone report, was devoted mostly to explaining the Israeli judicial system and defending the credibility of the military investigations.
But it also outlined the findings of military inquiries into various episodes. In the case of the shelling of the United Nations compound, a headquarters of the United Nations Relief and Works Agency that assists Palestinian refugees, the document stated that Israeli forces had “fired several artillery shells in violation of the rules of engagement prohibiting use of such artillery near populated areas,” and that the brigadier general and colonel had been disciplined “for exceeding their authority in a manner that jeopardized the lives of others.” The Goldstone report determined that the United Nations compound had come under shelling with high-explosive and white phosphorus munitions, and that the attack was “extremely dangerous” given the compound was offering shelter to up to 700 civilians and contained a huge fuel depot. It added that at least seven white phosphorus shells hit the compound, setting ablaze a warehouse located there. White phosphorus munitions are typically employed to illuminate and mark battlefield areas and create smokescreens, and the Israeli military has acknowledged using them for those purposes in Gaza. While they are not prohibited under international law, they have proved to be dangerous when used in civilian areas, because white phosphorus is highly flammable and can burn flesh like napalm.
Israeli and international human rights groups have accused Israel of using white phosphorus munitions improperly during the Gaza war. The Goldstone report found that the Israelis were “systematically reckless” in their use of white phosphorus munitions in built-up areas. The Israeli military says its investigations have shown that the munitions containing white phosphorus were used in accordance with international law. In the case of the shelling of the United Nations compound, the Israeli military said Hamas antitank crews had been positioned adjacent to the compound, so it created a smokescreen to protect an Israeli tank force near there. It said the smoke shells, which contain felt wedges dipped in white phosphorus, were fired at an area some distance from the compound, and were not intended to hit the United Nations facility. It added that the explosive shells were fired “at military targets within the battle zone.”
The Israeli human rights group Btselem released a statement Monday accusing Israel of covering up details of the shelling of the United Nations compound and called for criminal prosecutions of the reprimanded officers. The military says it has investigated, or is currently investigating, more than 150 allegations of violations of international law in Gaza.
Source: http://www.nytimes.com/2010/02/02/world/middleeast/02mideast.html
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