‘Cast Lead’The IDF Violated Nuremberg Principles During Operation
The IDF Violated Nuremberg Principles During Operation âCast Leadâ
by Cesar Chelala
Published on Wednesday, October 14, 2009 by CommonDreams.org
http://www.commondreams.org/view/2009/10/14-9
In what can be considered a sad paradox of history, an analysis of the
Israel Defense Forces (IDF) actions during Operation Cast Lead in Gaza shows
that the IDF violated several of the Nuremberg Principles, as well as the
principles of the Geneva Conventions.
The Nuremberg Principles are a set of guidelines established after World War
II to try Nazi Party members. They were established to determine what
constitutes a war crime. The Geneva Conventions consist of four treaties and
three additional protocols that establish the standards in international law
for humanitarian treatment of the victims of war.
According to Nuremberg Principle I, "Any person who commits an act which
constitutes a crime under international law is responsible therefore and
liable to punishment." As detailed in the "Report of the United Nations Fact
Finding Mission on the Gaza Conflict," also known as the "Goldstone Report,"
several crimes against unarmed civilians were committed by the IDF during
Operation Cast Lead in Gaza.
The UN Mission investigated 11 incidents in which the IDF launched direct
attacks against civilians with lethal outcome. The facts in all except one
case, states the Mission, indicate no justifiable military objective.
According to the report, "From the facts ascertained in all the above cases,
the Mission finds that the conduct of the Israeli armed forces constitutes
grave breaches of the Fourth Geneva Convention in respect of willful
killings and willfully causing great suffering to protected persons and, as
such, give rise to individual criminal responsibility. It also finds that
the direct targeting and arbitrary killing of Palestinian civilians is a
violation of the right to life."
Both Israeli government and military officials are responsible for the IDF
actions during Operation Cast Lead. As Nuremberg Principle III states, "The
fact that a person who committed an act which constitutes a crime under
international law acted as Head of State or responsible government official
does not relieve him from responsibility under international law."
It has been argued that those that were following orders are not guilty of
crimes, and the responsibility for those crimes falls on the superior
officers. However, Nuremberg Principle IV states that, "The fact that a
person acted pursuant to order of his Government or of a superior does not
relieve him from responsibility under international law, provided a moral
choice was in fact possible to him."
Nuremberg Principle VI establishes three kinds of crimes punishable as
crimes under international law: crimes against peace, war crimes and crimes
against humanity. Among crimes against peace are those crimes "involving
planning, initiation or waging of a war of aggression or a war in violation
of international treaties, agreements or assurances."
Although the Government of Israel has the duty to defend its citizens, it is
clear that Operation Cast Lead was a war of aggression against Gazans, out
of any reasonable proportion and aimed at inflicting massive damage on
Gaza's civilian population. According to a study carried out by B'Tselem, an
Israeli human rights organization, 1,387 Gazans were killed during operation
Cast Lead, a figure that includes 773 civilians and 330 combatants.
Among the war crimes established by Nuremberg Principle VI are the,
"...plunder of public or private property, wanton destruction of cities,
towns or villages, or devastation not justified by military necessity." The
UN Mission investigated several incidents involving the destruction of
industrial infrastructure, food production, water installations, sewage
treatment plants and housing. Among the installations destroyed by the IDF
was the el-Bader flour mill, the only operating flour mill in Gaza.
As stated in the UN report, "...the Mission finds that there has been a
violation of the grave breaches provisions of the Fourth Geneva Convention.
Unlawful and wanton destruction which is not justified by military necessity
amounts to a war crime. The Mission also finds that the destruction of the
mill was carried out to deny sustenance to the civilian population, which is
a violation of customary international law and may constitute a war crime.
The strike on the flour mill furthermore constitutes a violation of the
right to adequate food and means of subsistence."
The UN Mission also investigated four incidents in which the IDF coerced
Palestinian civilian men at gunpoint to take part in house search
operations. The men, blindfolded and handcuffed, were forced to enter houses
suspected of having combatants, ahead of the Israeli soldiers. "From the
facts available to it, the Mission is of the view that some of the actions
of the Government of Israel might justify a competent court finding that
crimes against humanity have been committed," states the report.
Israeli Prime Minister Benjamin Netanyahu has stated that Israel will never
allow its soldiers and war-time leaders to appear before an international
war-crimes tribunal regarding the IDF conduct during the war on Gaza. As
stated in the UN Mission report, however, "In the context of increasing
unwillingness on the part of Israel to open criminal investigations that
comply with international standards, the Mission supports the reliance on
universal jurisdiction as an avenue for States to investigate violations of
the grave breach provisions of the Geneva Conventions of 1949, prevent
impunity and promote international accountability."
[Dr. Cesar Chelala, a co-winner of an Overseas Press Club of America award,
writes extensively on human rights issues.]
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Facts are sacred ... but comment is free
date: Thu, 15 Oct 2009 09:11:38 GMT
author: Robin T Cox
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