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Last update - 21:24 02/07/2009
Hamas: Amnesty report accusing us of war crimes is 'unfair'
By The Associated Press and Haaretz Service
Tags: Gaza, IDF 

Hamas on Thursday criticized a report issued by global human rights group Amnesty International, which accuses both Israel and Hamas of committing war crimes in Gaza. Hamas said in response that the report was "imbalanced and unfair"

In its first in-depth human rights report on the recent Israeli offensive in Gaza, Amnesty International accused both Israel and Hamas of committing war crimes during the fighting earlier this year. The group charged that the Israel Defense Forces killed hundreds of Palestinian civilians and destroyed thousands of Gaza Strip homes in attacks that amounted to war crimes, and denounced Hamas for firing rockets into civilian areas of southern Israel.

In response, Hamas spokesman Sami Abu Zuhri said that "instead of wasting time with reports, Israeli murderers should be put on trial," Army Radio reported.
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The Hamas spokesman added that his organization rejects the findings of the 117-page report, saying that it was unfair to place the victim in the position of aggressor. "They didn't check their facts with any Hamas leader," he accused the human rights group.

Later Thursday, Defense Minister Ehud Barak's office also rejected the report, issuing a statement saying that "the information presented as fact in the report is not true, and has no correlation to reality."

Barak's statment added that the report "completely ignored the fact that Hamas has been employing terror tactics and criminal methods against the residents of Israel for eight years, while carrying out unrelenting terror and fire."

"Hamas acted in a cowardly fashion while taking advantage of the civilian Palestinian population, which it turned into a human shield. The IDF, from the Chief of Staff to the last of the combat soldiers, is one of the most moral armies in the world, which abides by the highest ethical codes, and this was proven in investigations carried out after the operation," the statement continued.

The IDF also issued a response, saying that it was both "questionable and objectionable that a well respected and ostensibly objective international organization such as Amnesty could produce a report on Operation Cast Lead without properly recognizing the unbearable reality of nine years of incessant and indiscriminate rocket fire on the citizens of Israel."

"The slant of their report indicates that the organization succumbed to manipulations of the Hamas terror organization," the IDF statement went on to say.

Both Hamas and Israel are guilty of war crimes

Donatella Rovera, who headed Amnesty's field research mission, concluded that "five months on, neither side has shown any inclination to change its practices and abide by international humanitarian law, raising the prospect that civilians will again bear the brunt if fighting resumes."

Amnesty called on Israel to publicly pledge not to use artillery, white phosphorus and other imprecise weapons in densely populated areas. And it urged Gaza's militant Hamas rulers to stop rocket fire against Israeli civilians.

Amnesty - which first accused Israel of war crimes shortly after the fighting ended on Jan. 18 - said disturbing questions remain about why high-precision weapons like tank shells and air-delivered bombs and missiles killed so many children and other civilians.

The group also deplored Israel's alleged use of less-precise artillery shells and highly incendiary white phosphorous in densely populated areas. It also accused the IDF of using Palestinians as human shields and frequently blocking civilians from receiving medical care and humanitarian aid.

"The pattern of Israeli attacks and the high number of civilian casualties showed elements of reckless conduct, disregard for civilian lives and property and a consistent failure to distinguish between military targets and civilians and civilian objects," Amnesty International charged.

Gaza health officials and human rights groups say that some 1,400 Palestinians, including more than 900 civilians, were killed during the three-week offensive. Israel puts the death toll closer to 1,100 and says the vast majority of the dead were militants.

Amnesty says some 300 children and hundreds of other unarmed civilians were among the dead. Thirteen Israelis also were killed, including three civilians who died in rocket attacks.

The Geneva Conventions ban using white phosphorous as an incendiary weapon against civilian populations and in air attacks against military forces in civilian areas.

During the Gaza conflict Israel categorically denied that its use of phosphorous weapons was illegal. The IDF says its internal investigations concluded it did not violate international law during the Gaza conflict.

The report was based on physical evidence and testimony that a team of four researchers, including a military expert, gathered from dozens of attack sites in Gaza and southern Israel during and after the war.

The detailed report broke little new ground, concentrating on issues, cases and problems that have been dealt with in other frameworks.

Among the Gaza cases cited in the report were the well-documented shelling of a house where a family took refuge on soldiers' orders before 21 people were killed; an Israeli artillery attack near a UN school that killed dozens; and the shelling of a house that killed three daughters of a Gaza doctor who has worked in Israel for years and is a champion of coexistence.

"Israel did not respond to Amnesty International's repeated requests for information on specific cases detailed in the report and for meetings to discuss the organization's findings," said Rovera.

She said investigators were able to operate freely in Gaza, without any intervention by Hamas security forces.

"This was a fierce, one-sided war in which all means of killing and destruction were employed," said Ismail Haniyeh, prime minister of Hamas' Gaza government. "We believe that the leaders of the occupation state must be tried for these crimes."

The UN is examining the conduct of both sides in the conflict. Hamas allowed veteran war crimes investigator Richard Goldstone and his team into Gaza last month, but Hamas security often accompanied them, raising questions about the ability of witnesses to freely describe the militant group's actions.

Israel has refused to cooperate with the probe, claiming the UN council overseeing the investigation is biased.

Israel conducted its own internal investigation earlier this year and cleared the military of wrongdoing. Human rights groups criticized the probe as a whitewash.

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  • Amnesty: Israel repeatedly breached rules of war in Gaza
  • Israel: Amnesty report on Gaza ignores fact Hamas are terrorists
  • Amnesty International says U.S. response to Gaza 'lopsided'
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      1.   AI had years to protest rockets 06:27  |  Ron 02/07/09
      2.   Both sides commit war crimes. Israel is just better at it. 06:36  |  Natallie Durson 02/07/09
      3.   AMNESIA INTERNATIONAL 06:46  |  Fortuna Benmayor 02/07/09
      4.   Who`s listening to Amnesty anymore? 06:58  |  Samuel Prime 02/07/09
      5.   Who`s listening to Amnesty anymore? 06:59  |  Samuel Prime 02/07/09
      6.   Yeah...so? 07:03  |  Haaretz Fan 02/07/09
      7.   Amnesty is ignorant 07:21  |  george 02/07/09
      8.   The global media war. 07:23  |  Lane 02/07/09
      9.   Hey Amnesty! 08:05  |  Heather Czerniak 02/07/09
      10.   duhhh 08:22  |  joe 02/07/09
      11.   called on Israel to publicly pledge 08:30  |  vik 02/07/09
      12.   Amnesty is right 08:50  |  Janice 02/07/09
      13.   #3 Janice - Amnesty right about Hamas 09:58  |  Magpie 02/07/09
      14.   And Hamas fighting without uniforms amongst their civillians?? 10:02  |  PETER SM 02/07/09
      15.   War crimes 10:03  |  zznhl 02/07/09
      16.   Mother was right, 10:14  |  Herzlich 02/07/09
      17.   Amnesty is right 10:28  |  Human 02/07/09
      18.   So Ron #1 10:28  |  John of Jordan 02/07/09
      19.   Amnesty`s only saying what we all know 10:32  |  Michael 02/07/09
      20.   AI did not check use of human shields by Hamas!!1 10:49  |  arthur 02/07/09
      21.   They`re basing their claims on outright lies 11:35  |  Zvi 02/07/09
      22.   it`s like me and bill gates are billionaires 12:04  |  ClearCut 02/07/09
      23.   #2 Natalie 12:16  |  Iranian Jew 02/07/09
      24.   # 15 War Crimes By Sri Lanka 12:23  |  Nasty Celt 02/07/09
      25.   #14 Pure hyperbole, PETER SM 15:02  |  Johnboy 02/07/09
      26.   crimes 15:12  |  patriot 02/07/09
      27.   #25 Don`t you know ANYTHING Johnboy??? 17:20  |  The Prophet 02/07/09
      28.   Three points 18:56  |  NE 02/07/09
      29.   The Take on this by BBC Online 19:04  |  John Q. Public 02/07/09
      30.   #6 Haaretz Fan 19:21  |  H 02/07/09
      31.   Amnesty`s War Crimes ?? 19:28  |  jules 02/07/09
      32.   Israel is not the only one 19:40  |  Janice 02/07/09
      33.   sliingshots and homemade rockets whatelse u got? 19:54  |  joefiasco 02/07/09
      34.   And Durson gives the prizes for best crime. She knows! 20:29  |  Israeli citizen 02/07/09
      35.   so many ignorants ... so sad 20:36  |  Simone 02/07/09
      36.   Durson & al 20:40  |  Lola 02/07/09
      37.   Who can answer this question ?????? 20:42  |  Phil Kalb 02/07/09
      38.   Amnesty never reported 20:46  |  Lola 02/07/09
      39.   # 2 20:58  |  Lagunan 02/07/09
      40.   Already done 21:05  |  Colin Wright 02/07/09
      41.   #2 No not one of the worlds worst massacres - pay attention to 21:26  |  world observer 02/07/09
      42.   #24 Nast Celt Obviously didnot hear a Pals terrorist group 21:34  |  world observer 02/07/09
      43.   Wasnt Israel accused of using Pals as shields? 21:56  |  joefiasco 02/07/09
      44.   Amnesty calls it straight 22:23  |  American 02/07/09
      45.   #37 don`t take UN`s word either-the UNWRA rep lied 22:41  |  world observer 02/07/09
      46.   Hey Janice 22:41  |  Jennifer 02/07/09
      47.   Janice (#12) (last try) 23:29  |  Gil 02/07/09
      48.   Johnboy # 25 It`s Not So Much What Happens That Counts (3rd try) 23:47  |  Jeff Northridge 02/07/09
      49.   It is interesting to note when 00:19  |  Mark Lincoln 03/07/09
      50.   #38 Lola - hysterical 00:54  |  BDS 03/07/09
      51.   Amnesty International??? 01:22  |  Michelle 03/07/09
      52.   JANICE 01:30  |  SANI 03/07/09
      53.   Amnesty International 01:43  |  Chris Meyers 03/07/09
      54.   The figures say Amnesty is not wrong 01:46  |  r cummings 03/07/09
      55.   Amnesty what??? 01:48  |  Michelle 03/07/09
      56.   JOHNBOY PURE Apology.When the sirens sound& the Sderot people 02:17  |  PETER SM 03/07/09
      57.   Fighting without uniforms,shelling Israeli civillians for years 02:38  |  PETER SM 03/07/09
      58.   WHATS WITH THE HEADLINE? 03:44  |  Jim the mechanic 03/07/09
      59.   #27, THE PROPHET, by your logic then 05:08  |  VIPER 03/07/09
      60.   #14, PETER SM, at it again 05:11  |  VIPER 03/07/09
      61.   SAME SCHOOL 05:15  |  Mark of Lewiston 03/07/09
      62.   IF AMNESTY IF UNFAIR, NOBODY IS FAIR 05:34  |  indrajaya 03/07/09
      63.   Amnesty 05:38  |  Dan 03/07/09
      64.   #33 Great Response 05:44  |  Alaska 03/07/09
      65.   What is too extreme to be published in Haaretz? 05:56  |  Mark Lincoln 03/07/09
      66.   Notice to Amnesty: that`s why it`s called WAR! 06:09  |  US CITIZEN 03/07/09
      67.   #27 Can`t you actually READ, The Prophet???? 06:19  |  Johnboy 03/07/09
      68.   BBCW 07:02  |  eric 03/07/09
      69.   The Hamas spokesman is right... 07:25  |  Dutch 03/07/09
      70.   when is amnesty going to deal with apartheid against muslimwomen 08:24  |  v hardman 03/07/09
      71.   war crimes 08:40  |  Ralph 03/07/09
      72.   Hamas leaders shoul be charged with war crimes! 08:41  |  Jean Van Daem 03/07/09
      73.   #54 Johnboy 08:53  |  maya 03/07/09
      74.   53 Pick up a book Hamas is a resistance to Israel occupation 09:04  |  lydia 03/07/09
      75.   Now they so much wish they were Jewish... 10:13  |  Goy 03/07/09
      76.   Hamas hoodlums 10:51  |  Angry Arab - As`ad 03/07/09
      77.   Infamous andUnfair is the Hamas policy 10:56  |  Daniel 03/07/09
      78.   Amnesty`s credentials 11:02  |  Brendan Holleran 03/07/09
      79.   # 2 israel`s not "better" at it, natallie 11:09  |  eric 03/07/09
      80.   #2 Natalle doesn`t like us...and 11:12  |  Avshalom Beni 03/07/09
      81.   Janice (#12) Are we supposed to supply them with 12:42  |  Gil 03/07/09
      82.   IDF and Hamas 12:47  |  Steve J 03/07/09
      83.   Hamas is right..... 14:17  |  Dutch 03/07/09
      84.   56 Eric, excellent point 14:37  |  Dutch 03/07/09
      85.   "Two Peas in a Pod" argument 15:18  |  ZISD 03/07/09
      86.   No, Gil, you could just start with baby food 15:37  |  Murray 03/07/09
      87.   Get Real, Israel 17:06  |  Pablo Luis 03/07/09
      88.   Murray (#62) Asks if we can upgrade the food 18:36  |  Gil 03/07/09
      89.   Operation names are not meant for the ears of the enemy 19:50  |  Avi 03/07/09
      90.   To Hide is to AdmitAtrocities 21:04  |  Dennis C 03/07/09
      91.   Hamas unfair??? 04:17  |  Michelle 04/07/09
      92.   #56 PETER SM 01:22  |  Johnboy 05/07/09
      93.   #48 I can pinpoint exactly where you go wrong, Jeff 01:29  |  Johnboy 05/07/09
      94.   #73 Where your hypothetical becomes nonsense, maya. 01:32  |  Johnboy 05/07/09
      95.   JOHNBOY Near misses are still missiles fired at civillians 11:04  |  PETER SM 07/07/09
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