[Photo: Injured in Khuza’a by Israeli killings. Middle East Eye]
Gaza, (HRW): Israeli forces in the southern Gaza town of Khuza’a fired on and killed civilians in apparent violation of the laws of war in several incidents between July 23 and 25, 2014, Human Rights Watch (HRW) said today. Deliberate attacks on civilians who are not participating in the fighting are war crimes.
Seven Palestinians who had fled Khuza’a described to Human Rights Watch the grave dangers that civilians have faced in trying to flee the town, near the Israeli border, to seek safety in Khan Younis. These included repeated shelling that struck apparent civilian structures, lack of access to necessary medical care, and the threat of attack from Israeli forces as they tried to leave the area.
“When will there be justice for the civilians in Khuza’a, who suffered shelling for days, then faced deadly attacks by Israeli soldiers after being ordered to leave the town,” said Sarah Leah Whitson, Middle East director at Human Rights Watch.
Khuza’a, which has a population of about 10,000, was the scene of fighting between Israeli forces and Palestinian armed groups during an Israeli ground offensive in the area on July 23, Israeli news media reported. Israeli forces provided general warnings to Khuza’a residents to leave the area prior to July 21. While the laws of war encourage “advance, effective warnings” of attacks, the failure of civilians to abide by warnings does not make them lawful targets of attack – for obvious reasons, since many people do not flee because of infirmity, fear, lack of a place to go, or any number of other reasons. The remaining presence of such civilians despite a warning to flee cannot be ignored when attacks are carried out, as Israeli forces have done previously.
“Warning families to flee fighting doesn’t make them fair targets just because they’re unable to do so, and deliberately attacking them is a war crime,” Whitson said.
Human Rights Watch investigated several incidents between July 23 and 25 when, local residents said, Israeli forces opened fire on civilians trying to flee Khuza’a, but no Palestinian fighters were present at the time and no firefights were taking place.
On the morning of July 23, Israeli forces ordered a group of about 100 Palestinians in Khuza’a to leave a home in which they had gathered to take shelter, family members said. The first member to leave the house, Shahid al-Najjar, had his hands up but an Israeli soldier shot him in the jaw, seriously injuring him.
Israeli soldiers detained the men and boys over age 15 in an area close to the Gaza perimeter fence. Based on statements from witnesses and news reports, some were taken to Israel for questioning. Israeli forces released others that day, in small separate groups. As one group walked unarmed to Khan Younis, Israeli soldiers fired on them, killing one and wounding two others.
Two older men whom Israeli forces briefly detained near the perimeter fence had been seriously wounded in earlier Israeli bombardments and died soon after being released, two witnesses said. The laws of war provide that wounded civilians and combatants should be given necessary medical care to the fullest extent practicable and with the least possible delay.
In another incident on July 23, Israeli soldiers fired on a group of civilians who had been told to leave their home in Khuza’a, killing Mohammed al-Najjar, a witness said.
One case illustrates the dangers facing civilians both who remain in place and who heed Israeli orders to leave. On July 25, an Israeli strike killed three civilians – Motassem al-Najjar, 5; Kamel al-Najjar, 62; and Salim Qdeih, around 70 – who were among 120 people sheltering in the basement of a home, witnesses said. Another 15 people were wounded. The local Red Cross had difficulty reaching people wounded by shellings in the town. The International Committee of the Red Cross (ICRC) reported that on July 25, a Red Crescent volunteer was mortally wounded in an Israeli attack in Khuza’a, and other volunteers who tried to rescue him were fired on. Under the laws of war, medical workers are civilians who may not be targeted for attack.
Those who had survived the attack on the basement fled after the strike and walked to Khan Younis, carrying white flags and raising their hands when they came across Israeli soldiers. An Israeli missile strike hit one group of them, killing a man and wounding his cousin, the cousin told Human Rights Watch.
Human Rights Watch interviewed displaced residents from Khuza’a in Khan Younis. They said they believed that several hundred people were trapped and unable to leave Khuza’a, and expressed concern that many bodies were left in the rubble after intensive Israeli shelling.
Human Rights Watch was unable to conduct research in Khuza’a itself. All four roads leading to the town were impassable due to large bomb craters, and it was not clear whether Israeli forces would permit entrance.
Previous fighting in Gaza between Israeli and Hamas forces and other Palestinian armed groups has resulted in near-total impunity for serious violations of international humanitarian law. Palestinian President Mahmoud Abbas should urgently seek International Criminal Court (ICC) jurisdiction over crimes committed on and from Palestinian territory, as a step toward reducing the accountability gap for grave abuses and deterring crimes in violation of international law, Human Rights Watch said.
“The horrors of war are bad enough for civilians even when all sides abide by the law,” Whitson said. “But it’s abhorrent that Israeli forces are making matters even worse by so blatantly violating the laws of war designed to spare civilians.”