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Goldstone found that Israel’s collective punishment policy in Lebanon served as a model for Gaza

By Adam Horowitz | January 26, 2010

dahiya
The aftermath of Israel’s ‘Dahiya doctrine’ in Beirut, 2006

As Israel prepares its response to the Goldstone Report, several articles indicate that its primary objective is to discredit the contention that it carried out, in the words of Ethan Bronner, “an official plan to terrorize the Palestinian population.” Today Haaretz reports that Israel’s response to the UN will seek to “reject most of the fundamental claims of the Goldstone report: it intentionally waged a punitive campaign against a civilian population, including the destruction of infrastructure.”

This promises to be one of the most contentious debates over the report in the coming months, and as part of our effort to post portions of the Goldstone Report there are several relevant portions we want to share. The excerpt below outlines Israel’s possible strategy and intention for the Gaza attack based on prior history and statements from Israeli military and political leaders. Because Israel refused to participate with the inquiry there was no way to interview them directly about this.

The following passage is found of pages 250-258 of the report. I have removed the footnotes from the text, but you can find them in the original.

Objectives and Strategy of Israel’s Military Operations in Gaza

This chapter addresses the objectives and the strategy underlying the Israeli military operations in Gaza.

A. Planning

The question of whether incidents involving the Israeli armed forces that occurred between 27 December 2008 and 18 January 2009 are likely to be the result of error, the activities of rogue elements or a deliberate policy or planning depends on a number of factors, including the degree and level of planning involved, the degree of discretion field commanders have in operations, the technical sophistication and specification of weaponry, and the degree of control commanders have over their subordinates.

The Government of Israel has refused to cooperate with the Mission. The Mission has therefore been unable to interview high-level members of the Israeli armed forces. It has, nevertheless, reviewed a significant amount of commentary and conducted a number of interviews on planning and discipline, including with persons who have been connected with the planning of Israeli military operations in the recent past. The Mission has also analysed the views expressed by Israeli officials in official statements, official activities and articles, and considered comments by former senior soldiers and politicians.

1. The context

Before considering the issue of planning there is an important issue that has to be borne in mind about the context of Israeli operations in Gaza. The land mass of Gaza covers 360 square kilometres of land. Israel had a physical presence on the ground for almost 40 years with a significant military force until 2005. Israel’s extensive and intimate knowledge of the realities of Gaza present a considerable advantage in terms of planning military operations. The Mission has seen grid maps in possession of the Israeli armed forces, for example, that show the identification by number of blocks of houses throughout Gaza City.

In addition to such detailed background knowledge, it is also clear that the Israeli armed forces were able to access the telephone networks to contact a significant number of users in the course of their operations.

Since the departure of its ground forces from Gaza in 2005, Israel has maintained almost total control over land access and total control over air and sea access. This has also included the ability to maintain a monitoring capacity in Gaza, by a variety of surveillance and electronic means, including UAVs. In short, Israel’s intelligence gathering capacity in Gaza since its ground forces withdrew has remained extremely effective.

2. Legal input and training of soldiers on legal standards

The Israeli Government has set out the legal training and supervision relevant to the planning, execution and investigation of military operations. The Mission also met Col. (Ret.) Daniel Reisner, who was the head of the International Legal Department of the Military Advocate General’s Office of the Israeli Defense Forces from 1995 until 2004. In an interview with the Mission he explained how the principles and contents of international humanitarian law were instilled into officers. He explained the four-tiered training system, reflecting elements similar to those presented by the Government, which seeks to ensure knowledge of the relevant legal obligations for compliance in the field. Firstly, during training all soldiers and officers receive basic courses on relevant legal matters. The more senior the ranks, the more training is required “so that it becomes ingrained”. Secondly, before a significant or new operation, legal advice will be given. Col. Reisner indicated that he understood from talking with colleagues still in active service that detailed consultations had taken place with legal advisers in the planning of the December-January military operations. He was not in a position to say what that advice had been. Thirdly, there would be real-time legal support to commanders and decision makers at headquarters, command and division levels (but not at regiment levels or below). The fourth stage is that of investigation and prosecution wherever necessary.

The same framework explained by Col. Reisner appears to be repeated in similar detail in a presentation of the Office of the Legal Adviser to the Ministry of Foreign Affairs.

3. The means at the disposal of the Israeli armed forces

The Israeli armed forces are, in technological terms, among the most advanced in the world. Not only do they possess the most advanced hardware in many respects, they are also a market leader in the production of some of the most advanced pieces of technology available, including UAVs. They have a very significant capacity for precision strikes by a variety of methods, including aerial and ground launches. Moreover, some new targeting systems may have been employed in Gaza.

Taking into account all of the foregoing factors, the Mission, therefore, concludes that Israel had the means necessary to plan the December-January military operations in detail. Given both the means at Israel’s disposal and the apparent degree of training, including training in international humanitarian law, and legal advice received, the Mission considers it highly unlikely that actions were taken, at least in the aerial phase of the operations, that had not been the subject of planning and deliberation. In relation to the land-air phase, ground commanders would have had some discretion to decide on the specific tactics used to attack or respond to attacks. The same degree of planning and premeditation would therefore not be present. However, the Mission deduces from a review of many elements, including some soldiers’ statements at seminars in Tel Aviv and to Breaking the Silence, that what occurred on the ground reflected guidance that had been provided to soldiers in training and briefing exercises.

The Mission notes that it has found only one example where the Israeli authorities have acknowledged that an error had occurred. This was in relation to the deaths of 22 members of the al-Daya family in Zeytoun. The Government of Israel explained that its armed forces had intended to strike the house next door, but that errors were made in the planning of the operation. The Mission expresses elsewhere its concerns about this explanation (see chap. XI). However, since it appears to be the only incident that has elicited an admission of error by the Israeli authorities, the Mission takes the view that the Government of Israel does not consider the other strikes brought to its attention to be the result of similar or other errors.

In relation to air strikes, the Mission notes the statement issued in Hebrew posted on the website of the Israeli armed forces on 23 March 2009:

Official data gathered by the Air Force concluded that 99 per cent of the firing that was carried out hit targets accurately. It also concluded that over 80 per cent of the bombs and missiles used by the Air Force are defined as accurate and their use reduces innocent casualties significantly…

The Mission understands this to mean that in over 80 per cent of its attacks the Air Force deployed weapons considered to be accurate by definition – what are known colloquially as precision weapons as a result of guidance technology. In the other 20 per cent of attacks, therefore, it apparently used unguided bombs. According to the Israeli armed forces, the fact that these 20 per cent were unguided did not diminish their accuracy in hitting their targets, but may have caused greater damage than those caused by precision or “accurate” weapons.

These represent extremely important findings by the Israeli Air Force. It means that what was struck was meant to be struck. It should also be borne in mind that the beginning of the ground phase of the operation on 3 January did not mean the end of the use of the Israeli Air Force. The statement indicates:

During the days prior to the operation “Cast Lead”, every brigade was provided with an escorting UAV squadron that would participate in action with it during the operation. Teams from the squadrons arrived at the armour and infantry corps, personally met the soldiers they were about to join and assisted in planning the infantry manoeuvres. The UAV squadrons had representatives in the command headquarters and officers in locations of actual combat who assisted in communication between the UAVs – operated by only two people, who are in Israeli territory – and the forces on the ground. The assistance of UAVs sometimes reached a ratio of one UAV to a regiment and, during extreme cases, even one UAV to a team.

Taking into account the ability to plan, the means to execute plans with the most developed technology available, the indication that almost no errors occurred and the determination by investigating authorities thus far that no violations occurred, the Mission finds that the incident and patterns of events that are considered in this report have resulted from deliberate planning and policy decisions throughout the chain of command, down to the standard operating procedures and instructions given to the troops on the ground.

B. The development of strategic objectives in Israeli military thinking

Israel’s operations in the Occupied Palestinian Territory have had certain consistent features. In particular, the destruction of buildings, including houses, has been a recurrent tactical theme. The specific means Israel has adopted to meet its military objectives in the Occupied Palestinian Territory and in Lebanon have repeatedly been censured by the United Nations Security Council, especially its attacks on houses. The military operations from 27 December to 18 January did not occur in a vacuum, either in terms of proximate causes in relation to the Hamas/Israeli dynamics or in relation to the development of Israeli military thinking about how best to describe the nature of its military objectives.

A review of the available information reveals that, while many of the tactics remain the same, the reframing of the strategic goals has resulted in a qualitative shift from relatively focused operations to massive and deliberate destruction.

dahiyacomparison
A comparison of the Dahiya neighborhood before and after Israel attacks in 2006. (Photos: Gorillas Guides)

In its operations in southern Lebanon in 2006, there emerged from Israeli military thinking a concept known as the Dahiya doctrine, as a result of the approach taken to the Beirut neighbourhood of that name. Major General Gadi Eisenkot, the Israeli Northern Command chief, expressed the premise of the doctrine:

What happened in the Dahiya quarter of Beirut in 2006 will happen in every village from which Israel is fired on. […] We will apply disproportionate force on it and cause great damage and destruction there. From our standpoint, these are not civilian villages, they are military bases. […] This is not a recommendation. This is a plan. And it has been approved.

After the war in southern Lebanon in 2006, a number of senior former military figures appeared to develop the thinking that underlay the strategy set out by Gen. Eiskenot. In particular Major General (Ret.) Giora Eiland has argued that, in the event of another war with Hizbullah, the target must not be the defeat of Hizbullah but “the elimination of the Lebanese military, the destruction of the national infrastructure and intense suffering among the population… Serious damage to the Republic of Lebanon, the destruction of homes and infrastructure, and the suffering of hundreds of thousands of people are consequences that can influence Hizbollah’s behaviour more than anything else”.

These thoughts, published in October 2008 were preceded by one month by the reflections of Col. (Ret.) Gabriel Siboni:

With an outbreak of hostilities, the IDF will need to act immediately, decisively, and with force that is disproportionate to the enemy’s actions and the threat it poses. Such a response aims at inflicting damage and meting out punishment to an extent that will demand long and expensive reconstruction processes. The strike must be carried out as quickly as possible, and must prioritize damaging assets over seeking out each and every launcher. Punishment must be aimed at decision makers and the power elite… In Lebanon, attacks should both aim at Hizbollah’s military capabilities and should target economic interests and the centres of civilian power that support the organization. Moreover, the closer the relationship between Hezbollah and the Lebanese Government, the more the elements of the Lebanese State infrastructure should be targeted. Such a response will create a lasting memory among …Lebanese decision makers, thereby increasing Israeli deterrence and reducing the likelihood of hostilities against Israel for an extended period. At the same time, it will force Syria, Hizbollah, and Lebanon to commit to lengthy and resource-intensive reconstruction programmes…

This approach is applicable to the Gaza Strip as well. There, the IDF will be required to strike hard at Hamas and to refrain from the cat and mouse games of searching for Qassam rocket launchers. The IDF should not be expected to stop the rocket and missile fire against the Israeli home front through attacks on the launchers themselves, but by means of imposing a ceasefire on the enemy.

General Eisenkot used the language quoted above while he was in active service in a senior command position and clarified that this was not a theoretical idea but an approved plan.

Major General Eiland, though retired, was a man of considerable seniority. Colonel Siboni, while less senior than the other two, was nonetheless an experienced officer writing on his field of expertise in a publication regarded as serious.

The Mission does not have to consider whether Israeli military officials were directly influenced by these writings. It is able to conclude from a review of the facts on the ground that it witnessed for itself that what is prescribed as the best strategy appears to have been precisely what was put into practice.

C. Official Israeli statements on the objectives of the military operations in Gaza

The Mission is aware of the official statements on the goals of the military operations:

The Operation was limited to what the IDF believed necessary to accomplish its objectives: to stop the bombardment of Israeli civilians by destroying and damaging the mortar and rocket launching apparatus and its supporting infrastructure, and to improve the safety and security of Southern Israel and its residents by reducing the ability of Hamas and other terrorist organizations in Gaza to carry out future attacks.

The Israeli Government states that this expression of its objectives is no broader than those expressed by NATO in 1998 during its campaign in the Federal Republic of Yugoslavia.

The Mission makes no comment on the legality or otherwise of NATO actions there.

D. The strategy to achieve the objectives

The issue that is of special concern to the Mission is the conceptualization of the “supporting infrastructure”. The notion is indicated quite clearly in General Eisenkot’s statements in 2006 and reinforced by the reflections cited by non-serving but well-informed military thinkers.

On 6 January 2009, during the military operations in Gaza, Deputy Prime Minister Eli Yishai stated: “It [should be] possible to destroy Gaza, so they will understand not to mess with us”. He added that “it is a great opportunity to demolish thousands of houses of all the terrorists, so they will think twice before they launch rockets”. “I hope the operation will come to an end with great achievements and with the complete destruction of terrorism and Hamas. In my opinion, they should be razed to the ground, so thousands of houses, tunnels and industries will be demolished”. He added that “residents of the South are strengthening us, so the operation will continue until a total destruction of Hamas [is achieved]”.

On 2 February 2009, after the end of the military operations, Eli Yishai went on: “Even if the rockets fall in an open air or to the sea, we should hit their infrastructure, and destroy 100 homes for every rocket fired.”

On 13 January 2009, Israel’s Foreign Minister, Tzipi Livni, was quoted as saying:

We have proven to Hamas that we have changed the equation. Israel is not a country upon which you fire missiles and it does not respond. It is a country that when you fire on its citizens it responds by going wild – and this is a good thing.

It is in the context of comments such as these that the massive destruction of businesses, agricultural land, chicken farms and residential houses has to be understood. In particular, the Mission notes the large-scale destruction that occurred in the days leading up to the end of the operations. During the withdrawal phase it appears that possibly thousands of homes were destroyed. The Mission has referred elsewhere in this report to the “day after” doctrine, as explained in the testimonies of Israeli soldiers, which can fit in with the general approach of massively disproportionate destruction without much difficulty.

The concept of what constituted the supporting infrastructure has to be understood not only in the context of the military operations of December and January, but in the tightening of the restrictions of access to goods and people into and out of Gaza, especially since Hamas took power. The Mission does not accept that these restrictions can be characterized as primarily an attempt to limit the flow of materials to armed groups. The expected impact, and the Mission believes primary purpose, was to bring about a situation in which the civilian population would find life so intolerable that they would leave (if that were possible) or turn Hamas out of office, as well as to collectively punish the civilian population.

The Israeli Government has stated:

While Hamas operates ministries and is in charge of a variety of administrative and traditionally governmental functions in the Gaza Strip, it still remains a terrorist organization. Many of the ostensibly civilian elements of its regime are in reality active components of its terrorist and military efforts. Indeed, Hamas does not separate its civilian and military activities in the manner in which a legitimate government might. Instead, Hamas uses apparatuses under its control, including quasi-governmental institutions, to promote its terrorist activity.

The framing of the military objectives Israel sought to strike is thus very wide indeed. There is, in particular, a lack of clarity about the concept of promoting “terrorist activity”: since Israel claims there is no real division between civilian and military activities and it considers Hamas to be a terrorist organization, it would appear that anyone who supports Hamas in any way may be considered as promoting its terrorist activity. Hamas was the clear winner of the latest elections in Gaza. It is not far-fetched for the Mission to consider that Israel regards very large sections of the Gazan civilian population as part of the “supporting infrastructure”.

The indiscriminate and disproportionate impact of the restrictions on the movement of goods and people indicates that, from as early as some point in 2007, Israel had already determined its view about what constitutes attacking the supporting infrastructure, and it appears to encompass effectively the population of Gaza.

A statement of objectives that explicitly admits the intentional targeting of civilian objects as part of the Israeli strategy is attributed to the Deputy Chief of Staff, Maj. Gen. Dan Harel.

While the Israeli military operations in Gaza were under way, Maj. Gen. Harel was reported as saying, in a meeting with local authorities in southern Israel:

This operation is different from previous ones. We have set a high goal which we are aiming for. We are hitting not only terrorists and launchers, but also the whole Hamas government and all its wings. […] We are hitting government buildings, production factories, security wings and more. We are demanding governmental responsibility from Hamas and are not making distinctions between the various wings. After this operation there will not be one Hamas building left standing in Gaza, and we plan to change the rules of the game.

E. Conclusions

The Israeli military conception of what was necessary in a future war with Hamas seems to have been developed from at least the time of the 2006 conflict in southern Lebanon. It finds its origin in a military doctrine that views disproportionate destruction and creating maximum disruption in the lives of many people as a legitimate means to achieve military and political goals.

Through its overly broad framing of the “supporting infrastructure”, the Israeli armed forces have sought to construct a scope for their activities that, in the Mission’s view, was designed to have inevitably dire consequences for the non-combatants in Gaza.

Statements by political and military leaders prior to and during the military operations in Gaza leave little doubt that disproportionate destruction and violence against civilians were part of a deliberate policy.

To the extent to which statements such as that of Mr. Yishai on 2 February 2009 indicate that the destruction of civilian objects, homes in that case, would be justified as a response to rocket attacks (“destroy 100 homes for every rocket fired”), the Mission is of the view that reprisals against civilians in armed hostilities are contrary to international humanitarian law. Even if such actions could be considered a lawful reprisal, they do not meet the stringent conditions imposed, in particular they are disproportionate, and violate fundamental human rights and obligations of a humanitarian character. One party’s targeting of civilians or civilian areas can never justify the opposing party’s targeting of civilians and civilian objects, such as homes, public and religious buildings, or schools.

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Destroyed school and mosque in Rafah, Gaza, 12 January 2009. Photo taken from UNRWA refugee shelter. (Photo: Pieter Stockmans)

Source

January 26, 2010 - Posted by | Subjugation - Torture, War Crimes

1 Comment »

  1. What is not being said is that disproportionate response in and of itself is a war crime. In eight years of rocket fire one Israeli was killed. 1200 were killed in the Gaza massacre. When the Nazis killed 1200 in response to the murder of General Heydrich that was declared an atrocity. The rules are the rules. An atrocity is what you would call an atrocity if done to you.

    Comment by Matt Giwer | January 27, 2010 | Reply


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