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Last update - 11:45 15/02/2009
IDF probe: Cannot defend destruction of Gaza homes
By Amos Harel
Tags: war crimes, Israel News, Gaza 

Israel Defense Forces investigations into last month's offensive in the Gaza Strip indicate the army could face significant difficulties justifying the scale of destruction of civilian homes during the fighting. A military source involved in the investigation told Haaretz, "It's clear to us that in a small portion of the combat sectors immeasurable damage was caused, and that is very difficult to justify from a legal perspective, particularly if such justifications are called for in legal proceedings with international organizations."

In the course of fighting, the IDF destroyed hundreds of houses in different sectors, and Palestinian sources estimate several thousands of houses suffered damage. Some of the homes were struck as a result of aerial strikes, others during ground fighting in densely-built urban areas.

Still others were damaged by bulldozers or in controlled explosions according to the orders of battalion and brigade commanders on the ground. However, those making the decisions were often not the brigade commanders themselves, but support staff such as operational commanders.
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Senior commanders attached to units operating in Gaza last month said IDF bulldozers were in high demand during the fighting, and brigade commanders often pushed for their units to be granted such vehicles.

Last week Channel 2 reported that according to estimates produced by the security establishment, about one-third of those killed during the fighting were "uninvolved civilians," a figure which Palestinian sources put much higher.

The IDF believes this is a reasonable figure given the scope of combat, and that is roughly in line with casualty figures resulting from U.S. operations in Iraq and those of NATO forces in Afghanistan.

In most of the legal proceedings surrounding civilian casualties, the army intends to argue they represent "collateral damage," namely unavoidable consequences of an enemy hiding among civilian populations, or of mistakes in directing fire, such as in the well-publicized strike that claimed several members of the Abu al-Aish family in the Jabalya refugee camp.

Still, the massive destruction of houses is harder to justify in legal terms. Investigations reveal that in many instances, commanders ordered the destruction of houses obstructing a "line of sight" from an IDF position, or because commanders believed certain buildings could be used to endanger their own safety.

In other instances, houses were destroyed after explosives or Kalashnikov rifles were discovered there, even when it could have been possible to conduct a controlled explosion causing limited damage.

In dozens of instances, houses were destroyed on suspicions (which turned out to be unfounded) they concealed smuggling tunnels underneath. An official in the IDF legal apparatus said justifying such operations will be exceedingly difficult.

On other occasions, there appear to have been discrepancies in the scope of destruction between different combat sectors, apparently as the result of differences in senior officers' command methods.

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      1.   what legal difficulties? 03:13  |  vik 15/02/09
      2.   Dexstroying the houses saved Israeli lives.... 03:16  |  bernard ross 15/02/09
      3.   Hamas is still responsible 03:56  |  Nechama 15/02/09
      4.   All is fair in Love and war 04:27  |  Anti-Hypocrite 15/02/09
      5.   Israel acts 04:44  |  Ed 15/02/09
      6.   Where is the church? 04:54  |  Bitin Dawg 15/02/09
      7.   Gaza homes 04:58  |  John 15/02/09
      8.   What about the chickens? 05:30  |  Maureen Ann 15/02/09
      9.   Mauren Anne 07:45  |  Abu Jack 15/02/09
      10.   Maureen Ann vs. the chickens 07:56  |  Fish 15/02/09
      11.   this should have been apparent to EVERYONE! 09:53  |  eric 15/02/09
      12.   LEBANON CAN and Israel can not? 09:56  |  Sceptic 15/02/09
      13.   Buildings now have rights too? 10:24  |  Josh 15/02/09
      14.   Its already done 10:26  |  Stem Cell 15/02/09
      15.   #11, eric, wrong 10:58  |  Cipora Julianna Kohn 15/02/09
      16.   Sceptic # 12 12:10  |  BOB KING 15/02/09
      17.   #2....destruction? 13:57  |  Farooq 15/02/09
      18.   Israel Acts Ed 14:33  |  Petra 15/02/09
      19.   #12 there is one differeence 17:50  |  Samir 15/02/09
      20.   you might want to think about what you said, anti-hypocrite 18:10  |  newageblues 15/02/09
      21.   #2, Bernard, it saved Israeli lives in the short term 18:42  |  newageblues 15/02/09
      22.   #18 - Israel terror acts 18:46  |  Counter Argument 15/02/09
      23.   cipora julianna kohn 15... eric is not wrong 18:50  |  guido 15/02/09
      24.   Houses 18:58  |  Zach 15/02/09
      25.   PETRA HAS A SENSE OF HUMOR 19:41  |  ED 15/02/09
      26.   Destruction of Gaza 20:00  |  Sanity 15/02/09
      27.   Destroyed homes and houses 20:13  |  Elina 15/02/09
      28.   Samir 20:22  |  Avrum 15/02/09
      29.   Israel would lie in ruins...... 20:29  |  Avrum 15/02/09
      30.   Garzans VOTED for Hamas... 22:22  |  dudu 15/02/09
      31.   Abu Jack (# 9). Your post to Maureen Ann is priceless... 22:51  |  flyingdoc57 15/02/09
      32.   reverseal 22:59  |  oc 15/02/09
      33.   # 2 hey bernard; wake up! this is the idf talking (2nd try) 23:00  |  eric 15/02/09
      34.   ERIC" small portion of the combat sectors"!!! 05:43  |  PETER SM 16/02/09
      35.   Avrum, another idiot fom Canada 06:21  |  John , Canadian 16/02/09
      36.   # 15 its not about hiding in hospitals, cipora (2nd try) 06:26  |  eric 16/02/09
      37.   Perfectly Justified 09:26  |  UsedToPostHere 16/02/09
      38.   re: eric 09:27  |  UsedToPostHere 16/02/09
      39.   All Legal and Legit 09:33  |  Barcuh Gold 16/02/09
      40.   Even IDF admits it but not David Israel 10:47  |  mehmet 16/02/09
      41.   Amos Harel, you give ammunition to your ennemies 10:55  |  Genevieve 16/02/09
      42.   Cipora. 10:56  |  zmogus 16/02/09
      43.   Surprise surprise... 11:18  |  zmogus 16/02/09
      44.   # 38 to nobody posting nothing from nowhere 04:19  |  eric 17/02/09
      45.   Israel fights like a nand of cowards 16:02  |  Ibrahim 17/02/09
      46.   re: eric 19:18  |  UsedToPostHere 18/02/09
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