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'Israel' must be investigated for wanton destruction in Gaza: Amnesty

  • By Al Mayadeen English
  • Source: Amnesty International
  • 5 Sep 2024 15:35
  • 5 Shares
8 Min Read

Amnesty International launches an investigation into Israeli military actions in Gaza and the occupation's wanton destruction of the Strip from the North to the South.

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  • 'Israel' must be investigated for wanton destruction in Gaza: Amnesty
    Palestinians walk through the destruction in the wake of an Israeli air and ground offensive in Khan Younis, southern Gaza Strip, on April 8, 2024. (AP)

Amnesty International released an investigative piece on Thursday investigating Israeli attacks meant to expand a "buffer zone" along the eastern perimeter of the besieged Gaza Strip, citing concerns of wanton destruction and collective punishment. The military has reportedly used bulldozers and explosives to unlawfully destroy agricultural land and civilian buildings, including homes, schools, and mosques.

Amnesty International’s Crisis Evidence Lab, by analyzing satellite imagery and videos posted by Israeli occupation soldiers on social media from October 2023 to May 2024, identified bulldozed land along Gaza’s eastern boundary, ranging from approximately 1 to 1.8 km wide.

“The Israeli military’s relentless campaign of ruin in Gaza is one of wanton destruction. Our research has shown how Israeli forces have obliterated residential buildings, forced thousands of families from their homes, and rendered their land uninhabitable,” said Erika Guevara-Rosas, Amnesty International’s Senior Director for Research, Advocacy, Policy, and Campaigns.

Guevara-Rosas said, “Our analysis reveals a pattern along the eastern perimeter of Gaza that is consistent with the systematic destruction of an entire area. These homes were not destroyed as the result of intense fighting. Rather, the Israeli military deliberately razed the land after they had taken control of the area."

“The creation of any ‘buffer zone’ must not amount to the collective punishment of the Palestinian civilians who lived in these neighborhoods. Israel’s measures to protect Israelis from attacks from Gaza must be carried out in conformity with its obligations under international law, including the prohibition of wanton destruction and of collective punishment," she added.

Military actions vs. international law

The expanded “buffer zone” along the perimeter with the occupied Palestinian territories covers about 58 square kilometers or 16% of the besieged Gaza Strip. By May 2024, over 90% of the buildings in this area (more than 3,500 structures) were destroyed or severely damaged, and 20 square kilometers (59%) of agricultural land showed declining crop health and density due to the ongoing war. 

In four areas examined by Amnesty International, the destruction occurred after the Israeli occupation forces had gained operational control, indicating it was not a result of confrontations with Hamas or other Palestinian armed groups. In these regions of the Gaza Strip, structures were systematically and deliberately demolished, according to Amnesty International. 

It is worth highlighting that property destruction is permitted under "imperative military necessity" if it serves a legitimate "military purpose" and adheres to proportionality and prohibition of collective punishment. For example, destroying a structure used by the enemy for cover during combat is acceptable. However, in the cases documented, Israeli forces controlled the areas and fighting had largely ended, so this principle does not apply.

According to the Amnesty report, the International Court of Justice (ICJ) ruled in a 2004 Advisory Opinion that "Israel’s" construction of the separation wall within the occupied West Bank was unlawful. The ICJ stressed that "Israel" must ensure its security measures comply with international humanitarian law and international human rights law. 

However, as stated by Amnesty, the prior military use of civilian structures does not alone justify the demolition of civilian property, let alone excuse the wholesale destruction of entire neighborhoods and agricultural land required to feed the civilian population.

Wanton destruction from north to south

The town of Khuza’a in southern Gaza, with a population of about 11,000, suffered extensive damage following October 7, 2023. Satellite images show that around 178 structures were damaged or destroyed, primarily by airstrikes, as reported by Amnesty. The destruction worsened during a large-scale Israeli ground invasion in late December 2023, with over 850 structures reported as damaged or destroyed between November 26, 2023, and January 7, 2024, according to UNOSAT.

On December 28, an Israeli soldier from the 8219 Engineering Battalion posted the first video on social media showing a demolition in Khuza’a. Satellite imagery confirms that at least 30 houses in the area were destroyed between December 26 and 30, 2023.

In the following days, the same soldier posted five more videos of explosive demolitions, mostly filmed from the same rooftop. The videos show soldiers smiling, posing for the camera, smoking cigarettes or shisha pipes, and toasting with drinks while buildings are destroyed in the background. These actions suggest there was no immediate threat at the time and location.

Satellite imagery and videos also revealed that troops destroyed hundreds of residential buildings, a cemetery, and a primary school. Most of the demolished buildings were within 1 to 1.2 kilometers of the perimeter fence, Amnesty wrote in its report. 

Different areas in the Strip completely destroyed 

Other communities along the border have also faced extensive destruction due to Israeli demolitions.

In al-Shujaiya, one of Gaza City’s largest neighborhoods, more than 750 structures within and beyond the Israeli-imposed "buffer zone" were severely damaged or destroyed between November 26, 2023, and January 6, 2024, according to UN data. This included two schools, mosques, and dozens of residential buildings. Additionally, evidence indicates there was no imminent threat to soldiers while filming explosions that occurred about 200 meters away.

On December 21, the Israeli occupation's military announced it had gained control over the entire neighborhood, which extends beyond the buffer zone. They also claimed to have destroyed over 100 "terrorist structures" and exposed and destroyed tunnel shafts. However, the systematic destruction of every civilian structure in the neighborhood was not justified by the presence of these military objectives.

In central Gaza, the area around and east of Al-Bureij and Al-Maghazi refugee camps was demolished between late December 2023 and January 2024. This destruction coincided with the Israeli raids in these densely populated areas, where they claimed to have found weapons, rocket launchers, and tunnel shafts. Also, no evidence was provided to justify the destruction of villages and agricultural land further from the military objectives.

In late February 2024, the Israeli occupation advanced into the area east of Khan Younis, where Abasan al-Kabira is located. Between February 13 and March 13, the military claimed to have killed Palestinian fighters and found weapons and rocket launchers in the Abasan area, which includes Abasan al-Kabira and Abasan al-Saghira. This period also saw the demolition of the Omar bin Abdul Aziz Mosque. A video from February 19 shows soldiers walking casually in the area with no signs of imminent danger.

Are Israeli atrocities in line with international humanitarian law?

As referenced by Amnesty, international humanitarian law, applicable during war and military occupation, aims to minimize human suffering. The primary instruments are the four Geneva Conventions of 1949 and their two Additional Protocols of 1977, many of which are considered customary international law. 

Customary law prohibits the destruction or seizure of an adversary’s property unless required by imperative military necessity. That said, Article 53 of the Fourth Geneva Convention, which governs the actions of an occupation power like "Israel" in Gaza, states, “Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations.”

Article 147 of the Fourth Geneva Convention considers “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly” a grave breach of the Convention and a war crime. Additionally, Article 33 prohibits collective punishment, stating: “No protected person may be punished for an offense he or she has not personally committed. Collective penalties and all measures of intimidation or terrorism are prohibited.”

Under customary international humanitarian law, civilian objects are not considered "military objectives." Military objectives are those that, due to their nature, location, purpose, or use, significantly contribute to military action and whose destruction offers a clear military advantage. Civilian objects are protected from attack unless they temporarily fulfill all criteria for military objectives. However, Protocol I requires that in cases of doubt, parties should assume a structure remains civilian. Targeting civilian objects intentionally is considered a war crime.

  • Gaza Strip
  • war on Gaza
  • Palestine
  • Israel
  • Israeli war crimes
  • Khan Younis
  • amnesty
  • Gaza
  • Amnesty International

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