Operation Cast Lead
Day 16 - Sunday 11 January 2009
Throughout Saturday night (Jan. 10), IAF forces continued striking Hamas targets in the Gaza Strip. One of the targets was the house of the head of Hamas's military wing, Ahmed Jabri, in Sajaiya. Israeli troops have clashed with Palestinian gunmen in the suburbs of Gaza City in one of the fiercest ground battles so far. Hamas says the Israelis were ambushed but there's been no confirmation from Israel's forces. The densely populated Sheikh AJ-leen neighbourhood, which is home to more than 400 thousand residents, suffered major destruction and at least 14 people were killed.
The New York-based rights group Human Rights Watch accused Israel of unlawful use of white phosphorus shells. The chemical is used to create smoke and mask the movements of ground forces. Human Rights Watch notes such uses are allowed under international law, but says it can cause fires and severe burns, and its use in densely populated areas contravenes international humanitarian law. Israel denies it is using any unlawful weapons. Confusingly, the HAMAS reported that "Twenty three Gazans have been killed since midnight Sunday morning and dozens injured by new weapons that ensure the incineration of buildings and people hit by the explosives. The Zionist Phosphoric bombs have not yet been used in the Gaza offensive."
The law of war is grounded in four principles that provide the basis for the conduct of war by civilized nations and disciplined military forces: military necessity, humanity [avoiding unnecessary suffering], proportionality, and discrimination. Collateral damage is defined as "unavoidable and unplanned damage to civilian persons and property incurred while legitimately attacking a military objective." (Operational Law Handbook, Page 9, International and Operational Law Department of The Judge Advocate School, 2003, Department of the Army.) Incurring collateral damage is not a violation of international law. Rather, customary international law recognizes the inevitability of collateral damage to, or destruction of, civilian objects in proximity to valid, lawful, military targets. The Hague Convention states, "It is especially forbidden to employ arms, projectiles or material calculated to cause unnecessary suffering." Indiscriminate attacks that cause incidental injury to civilian life or incidental damage to civilian property "excessive in relation to the concrete and direct military advantage anticipated" are prohibited by the Geneva Conventions. This is a balancing test. The law of armed conflict requires belligerents to minimize collateral noncombatant injuries and damages; it does not prohibit all collateral damage or injuries. This is a test of reasonableness.
Civilian objects are protected from intentional attack or destruction, so long as they are not being used for military purposes, or there is no military necessity for their destruction or seizure. The law of war permits destruction of civilian objects if military circumstances necessitate such destruction. (FM 27-10, para. 56 and 58), or if the civilian object has become a military objective. The circumstances justifying destruction of civilian objects are those of military necessity, based upon information reasonably available to the commander at the time of his decision. The presence of civilians in a military objective does not alter its status as a military objective.
The IAF struck over 60 targets throughout the Gaza Strip, including a mosque in the city of Rafah used for storing weaponry, such as machine guns and sophisticated anti-aircraft missiles. The mosque was also used as a training camp and a meeting place for Hamas members. Similarly, the Air Force carried out aerial strikes on 10 weaponry storage facilities (some located in houses belonging to Hamas operatives), 10 squads of armed operatives, nine weapons smuggling tunnels in the Philadephi Corridor in the Rafah area, three launching sites, an underground rocket launcher, and a Hamas police station.
IDF Infantry Corps, Armored Corps, Engineering Corps, Artillery Corps and Intelligence Corps forces continue to operate against Hamas terrorist infrastructure in the Gaza Strip. The forces were involved in a number of incidents in which several armed operatives were hit. Armored Corps and Paratrooper Brigade forces identified a group of armed operatives and assisted in guiding IAF forces to the operative cell. In a separate incident, IDF forces in the northern Gaza Strip identified an armed operative planting an explosive device and fired at him.
An Israeli military spokesman said army reservists, held back until now, are being deployed to Gaza. On Saturday, Israel's military issued a warning to residents of the Gaza Strip that it intends to intensify its offensive against Palestinian militants. Aircraft dropped leaflets warning that the Israeli army will continue attacking tunnels, weapons caches and terrorists with increasing force throughout the Gaza Strip. Israeli ground forces are approaching Gaza City from all directions, with tanks located to the east of Gaza, in Hey Al-Tuffah, and in the Al-Zeitoon region. It's reported they are slowly advancing towards Gaza City. From the north-west, Israeli tanks are approaching slowly, with artillery and troops paving the way. Tanks movement has also been seen to the south of Gaza City in the region between the Nitsareen settlement and the Talulhawa region. These movements refer to a siege of the Gaza Strip that might limit Israeli casualties. Nevertheless the Palestinian factions are fighting back and there's been no let up in the rocket attacks on southern Israel.
The combat soldiers of the Engineering Corps are working to eliminate numerous threats posed to the forces in the Gaza Strip, by, for example, identifying booby-trapped buildings, ranging forces, opening pathways, and uncovering underground tunnels. One of the most significant threats is Hamas's constant kidnapping attempts; a tactic Hamas is currently using, holding Gilad Shalit as a political hostage.
"The conditions in urban places are very difficult and complex, since it means fighting in densely built areas. In the background, of course, there are the Hamas's sophisticated booby-traps," adds the senior officer. "The forces handle the denseness, they are professional and are aware of their abilities; they work together and complete their mission. We are always one step ahead."
The Engineering Corps forces describe how they often come upon booby-trapped doors, windows and other openings, and even entire houses that are filled with booby-traps. "Hamas is trying to strike at the forces in every possible way, any way imaginable," says the senior officer. "In one of the houses there was a booby-trapped dummy dressed as a Hamas operative, so that to the forces that would try to arrest it would be hit. Hamas uses many different resources: dozens of IEDs, booby-trapped houses and many schools and mosques, in addition to regular explosive devices meant to hit IDF soldiers."
Following an evaluation by the Home Front Command and Ministry of Education on Saturday, schools will partially reopen Sunday (Jan. 11) under certain restrictions. In Sderot and the other communities surrounding the Gaza Strip, classes will only resume in shelters and in fully reinforced classrooms. In cities and towns within 7-10 km of the Gaza Strip, classes are open only in shelters, reinforced structures and or in classrooms situated under two concrete ceilings and beside the wall farthest from the threat of rocket fire.
The Home Front Command made the decision that classes in colleges and universities can resume, provided that students can reach shelters within the necessary period of time. Likewise, exiting the building and gathering in open areas is to be avoided.
Exiled Hamas leader Khaled Meshaal, speaking in Damascus Saturday, accused Israel of perpetrating a "holocaust" in the Gaza Strip. He said the Israeli offensive in Gaza has eliminated the possibility of lasting peace between Israel and the Arab world. Meshaal again outlined Hamas demands for a cease-fire - including the withdrawal of all Israeli forces and the opening of Gaza's borders and an end to Israel's siege of the territory.
Israeli security chiefs told the Cabinet that Hamas will not raise the white flag. But they also said that Hamas is in disarray. It is running low on ammunition, its tunnel supply lines on the Egyptian border have been destroyed, and therefore, army intelligence believes Hamas is interested in a ceasefire. But with rockets still terrorizing southern Israel, the security chiefs recommended keeping up the military pressure on Hamas.
"Israel is approaching the targets it has set for itself, but more patience, determination and courage are needed for us to achieve those goals in a way that will change the security reality in the south, and for our citizens to feel long-term security and stability," Olmert said during a weekly cabinet meeting on Sunday. Olmert also dismissed international calls for a ceasefire in Gaza, saying, "No country in the world, including those that preach morals to us, would have shown the restraint as we have." Regarding the Security Council's Resolution 1860, calling for an immediate ceasefire in Gaza, Olmert said, "We have never allowed anyone to decide for us whether we are allowed to strike those that hurl bombs at our kindergartens and schools and we never will agree to that in the future."
Over 820 Palestinians had been killed in Gaza since the start of the conflict, around half of whom are civilians, according to Palestinian officials. A representative of Gaza's health ministry told journalists that 854 Palestinians had died in Israel's two-week assault on the enclave of 1.5 million people. He added that the total included 270 children, 68 women, and 90 elderly people. He also said that around 4,000 people had been wounded, including some 400 children who remained in serious condition. Losses among Israelis include three civilians and 10 soldiers.
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