Israel gets away with another war crime...what mockery of human rights and international law

Palestinian men gather around a crater caused by an Israeli air strike on the al-Dalou family's home in Gaza City on November 18, 2012. (AFP Photo / Marco Longari)

Israel justified the killing of the al-Dalou family of 10 along with 2 neighbors in the Nov 18 airstrike on their 3 story home during 8-day Israeli offensive into Gaza (Operation Pillar of Defense) and decided NOT to investigate the attack as "Israeli forces did not violate the laws of war or commit any criminal acts in the attack." Well thats just nice and dandy ain`t it, you can just go on and kill just about anyone without any hint of repercussion from the international community. When will this wanton aggression stop if ever?

The Palestinian Center for Human Rights (PCHR) said on Sunday that they were informed of this decision. 'The group stated that the Israeli verdict proved its inquiry was a “smokescreen” to provide “systematic cover for widespread violations of international law.' The PCHR called Israel's decision “a mockery of victims’ rights and international law” and rightfully so. 

The IDF Military Advocate General's (MAG) Corps who issued the decision stated, after examining the claims of alleged violations by the Israeli military during the November offensive on Gaza  “...that there was no basis to open a criminal investigation or to take any additional measures,” the report published on the IDF website reads.

And of course the blame game and flip-flopping on the facts ensued, with Israel’s chief military spokesperson Yoav Mordechai claiming it was the home of a 'known head Hamas rocket unit' as cited by Reuters and only days later saying a member of al-Dalou family was target of the raid. Army spokeswoman Avital Leibovich told AFP on November 27 the father of al-Dalou family was 'affiliated with Hamas` military wing,' "there was no mistake from the IDF."

Then, Leibovich later denied she had identified Muhammad al-Dalou as the target, surprise...surprise. “What I said is that the targets we picked were not innocent civilians,” she told Maan News Agency, refusing to comment on WHO exactly was targeted and whether the person was killed or not.

What deception and utter disregard of human life. And they have the gall to call it 'collateral damage' in the report? Seems like collateral damage is as routine as anything now

“We are calling on the Palestinian leadership to sign and ratify the Rome Statute, become a member of the ICC and ask the prosecutor to open an investigation into Israeli violations of international Human Rights and Humanitarian Law,” the rights advocate concluded.

Just so if you all have forgotten, in November 2012, the eight-day Israeli offensive in Gaza killed about 170 Palestinians, including many women and children, and injured over 1,400 others that is WELL DOCUMENTED by world press organizations unlike our mainstream media here in the US.

The only thing at hand now of any use is for the Palestinian leadership to sign and ratify the Rome Statute, becoming a member of the International Criminal Court (ICC) and asking the prosecutor to open an investigation into Israeli violations of international human rights and humanitarian law that have gone unabated forever now. However, the issue at hand now is if the impotent lame duck Palestinian Authority (PA) headed by Mahmoud Abbass doesn`t refer this to UN ICC and other UN agencies, then he should resign and just give the Palestinian people their dignity and respect they finally deserve.

On the flip side, there is politics with the ICC in the Hague as we saw with Muammar Gaddafi and his 'alleged war crimes' against his people...thats for another time guys to comment on.

Read: Israel not to probe ‘unfortunate’ killing of 10 members of Gaza family (RT NEWS)

Israel will NOT investigate killing of 10 members of Gaza family in airstrike during last 8-day Israeli offensive in Gaza Nov 2012 (RT News)

RT NEWS
April 14, 2013

A Palestinian rescue worker carries the body of a child from the al-Dallu family into the hospital in Gaza City on November 18, 2012, after seven members of the al-Dallu family, including four children, were among nine people killed when an Israeli missile struck a family home in Gaza City. (AFP Photo / Mohammed Abed)

The Israeli Military’s legal arm has decided not to open a criminal probe into the deaths of 10 members of the Palestinian al-Dalou family killed in the IDF’s air-strike on their home during the Gaza war last year.

The airstrike on the al-Dalou home “does not raise suspicion of the commission of a criminal offense and that the unfortunate result occurred despite the efforts made to minimize the collateral damage to uninvolved civilians,” the IDF Military Advocate General's (MAG) Corps stated, after examining the claims of alleged violations by the Israeli military during the November offensive on Gaza.

“The MAG decided that there was no basis to open a criminal investigation or to take any additional measures,” the report published on the IDF website reads.

On November 18, during the eight-day deadly confrontation between Israel and Hamas militants, an Israeli warplane bombed the home of the al-Dalou family in Al-Nasser neighborhood, central Gaza City.

The attack turned the three-storey home into rubble, killing ten members of the household, including five women and four children. Two more civilians from the family living next door were also killed in the attack.

Palestinian men gather around a crater caused by an Israeli air strike on the al-Dallu family's home in Gaza City on November 18, 2012. (AFP Photo / Marco Longari)

Shortly after the strike, Israel’s chief military spokesperson Yoav Mordechai said that the intended target was the home of Yahia Rabia - reportedly the head of Hamas' rocket unit. “Although I don't know the outcome, there were civilians harmed by this,” Mordechai said, as cited by Reuters.

However, several days later, the Israeli military stated that one of the Al-Dalou family – 29-year-old Gaza police officer Mohamed Jamal – was the target of the raid.

“The father was a known terror operative affiliated with the military wing of Hamas," army spokeswoman Avital Leibovich told AFP on November 27. “There was no mistake from the IDF. It's tragic when a terror operative is hiding among civilians but unfortunately it is part of Hamas and Islamic Jihad tactics.”

Adding even more controversy to the story, Leibovich later denied she had identified Muhammad al-Dalou as the target.

“What I said is that the targets we picked were not innocent civilians,” she told Maan News Agency, refusing to comment on who exactly was targeted and whether the person was killed.

The controversial raid attracted wide media attention and sparked criticism from rights organizations.

Palestinian men carry the dead bodies of children from the al-Dallu family out from the rubble after an Israeli missile struck a family home killing at least seven members of the same family in Gaza City on November 18, 2012. (AFP Photo/Mahmud Hams)

Human Rights Watch labeled the air strike as “a clear violation of the laws of war” adding that Israel provided no information to support the claim that Mohamed Al-Dalou was directly participating in hostilities. The organization urged Israel to investigate “disproportionate attacks.”

United Nations Human Rights Council also said in its annual report that Israel actions were not in line with the law.

“Even if one member of the Al-Dalou family was affiliated with an armed group, and therefore potentially a legitimate military target, an attack under the given circumstances with the large number of civilians present, would not meet the requirement of proportionality, i.e., the anticipated concrete and direct military gain from the attack would not outweigh the anticipated civilian loss,” the document says.

Israel’s MAG though justifies the IDF action, saying “the attack against the terrorists, who constituted a military target, was aimed to reduce the scope of missile and rocket launchings towards Israel.”

“The Commission found that various precautions had been taken in order to reduce the possibility of collateral damage to uninvolved civilians in the course of the attack, including the choice of ammunition used, and that the operations staff had not foreseen that as a result of the attack, collateral damage would be caused to uninvolved civilians to the extent alleged,” it stated.

The MAG’s report on the findings of its examination does not provide names of the people targeted during the deadly Gaza incident in November.

Israeli legal system provides only ‘illusion of justice’

The Al-Dalou family case is not the only one that has been dismissed by Israeli military investigators, Gisela Schmidt Martin Palestinian Centre for Human Rights (PCHR) told RT.

Since January, 14 civil cases which the PCHR had submitted on behalf the victims of the 2008-2009 armed conflict in the Gaza Strip have also been dismissed, she said.

“We are facing an ongoing impunity” for both the November 2012 offensive and for the three-week Gaza war, known as operation Cast Lead in Israel, four years ago, the expert pointed out.

“There have been a number of changes to the Israeli legal system, which have made it practically impossible for Palestinian victims to achieve any form of justice,” she stated.

In July last year, the Israeli government approved amendments to the Torts Law, which “basically exempts the State of Israel from any liability arising from any damage caused during a combat action,” Gisela Schmidt said. The definition of such a military operation in Israeli law “is extremely broad and open to a wide interpretation,” she pointed out. “It can even be the case when a soldier claims that he was in fear for his life.”

The PCHR called Israel's decision “a mockery of victims’ rights and international law.” The only way to achieve justice for Palestinian victims in the situation when “the Israeli legal system is providing an illusion of justice” is to go to the International Criminal Court in The Hague, the organization believes.

“We are calling on the Palestinian leadership to sign and ratify the Rome Statute, become a member of the ICC and ask the prosecutor to open an investigation into Israeli violations of international Human Rights and Humanitarian Law,” the rights advocate concluded.