The operation to retrieve four Israeli hostages from the Nuseirat refugee camp in Gaza may have involved war crimes committed by both Israel and armed Palestinian factions, according to the UN. Josep Borrell, the European Union’s top diplomat, called the Israeli special forces operation “a massacre” after at least 274 civilians were killed and 698 wounded, staggering numbers even in the context of this brutal war.
It is not the first time that dozens of innocent civilians have been killed in Israeli hostage rescue missions. Another 74 Palestinians were killed in a similar hostage-freeing operation in February. Israel’s military spokesman put the Nuseirat number at “under 100”, but medics at two hospitals said they received more than 100 dead each. Of those killed, 64 were children, and 57 were women. Many died in a nearby market that was bombed by Israel to provide cover. There has been no suggestion that the market harboured Hamas fighters. Several eyewitnesses said it was “packed with people”.
Disregarding the law
The New York Times quoted an Israeli air force source as saying they “began striking dozens of nearby targets... to give the rescuers enough time and ample cover to get the captives to freedom”. Israeli media reported that special forces soldiers gained access to the camp by dressing as civilians in an aid truck. UN Special Rapporteur of the Occupied Palestinian Territories Francesca Albanese called this “humanitarian camouflage”.
International humanitarian law requires militaries to “take all feasible precautions” to spare civilians and refrain from launching assaults if the anticipated death toll “would be excessive in relation to the concrete and direct military advantage anticipated”. International law also prohibits indiscriminate attacks, as well as ‘perfidy’ (soldiers dressing as civilians when it leads to death or injury). This is to protect civilians, who it endangers when hostile forces cannot distinguish between them and opposing militaries (hence why soldiers in combat wear uniforms).
Kenneth Roth, a director of Human Rights Watch for almost two decades, said an investigation by the International Criminal Court is needed because Israel has no record of investigating senior Israeli soldiers for war crimes.
