UPDATED ON:
Friday, February 20, 2009
19:56 Mecca time, 16:56 GMT
Focus CRISIS IN GAZA
Investigating Gaza's 'war crimes'



To launch Al Jazeera's new weekly show, Focus On Gaza, correspondent Ayman Mohyeldin visited the village of Khuza'a where residents and human rights experts believe a possible war crime took place during Israel's offensive on the Gaza Strip.

A photograph of her recent pilgrimage to Mecca is now all that remains of Rawhiyya al Najar.

The mother was a Gaza native who had lived her entire life through conflict before it was to end on January 13, aged 37, by what was estimated to be a single shot to the head.

Testimony from eyewitnesses, friends, neighbours and human rights experts about the incident tell the story of how a woman carrying a baby and white flag was shot in broad daylight by an Israeli soldier.

Nasser al Najar, Rawhiyya's husband, still has the bloodstained white flag he says his wife was carrying when she was killed.

In 1949, the newly formed state of Israel, many of whose citizens had been victims of Nazi war crimes, signed the Geneva Convention on the protection of civilians in time of war.

Among the conditions of the convention Article three states: "Persons taking no active part in the hostilities ... shall in all circumstances be treated humanely."

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Article 32 states: "Civilian hospitals organised to give care to the wounded and sick ... may in no circumstances be the object of attack."

But during Israel's recent war on Gaza there is evidence to suggest that these conditions were frequently ignored and that the Israeli military disregarded the laws of war.

Villagers in Khuza'a are accustomed to living under the guns that man the nearby Israeli watchtowers, but Nasser says there are normally no Palestinian resistance fighters in the area and consequently he felt the village would be spared an Israeli raid.

However, on January 12, the Israelis began an intense shelling of the area and deployed white phosphorous, a move that was considered a precursor to a ground-based attack.

White flag hope

Bombs were falling and a number of houses in the area were on fire.

Nasser, along with many others, decided to leave the area, fearing the men in the village would be taken prisoner by the Israelis. He could not persuade his wife to join him.

"She said ... If they were going to kill her, then she would rather die in her own house," he says.

"She thought that maybe if we lifted white flags they might have some mercy on us and not kill us.

"She said the white flag represents peace so they won't harm us ... But they didn't respect the white flag." 

Rawhiyya's daughter, Hiba, stayed with her mother but the white phosphorous caused them to have coughing fits and hampered their efforts to put out the fires.

By 11pm that night, Khuza'a was shut off from the outside world by Israeli tanks, with bulldozers to the east and special forces to the west.

The villagers, now mostly old men, women and children, sheltered together in the larger houses but neither the size of the buildings nor the white flags were to offer any protection.

By 0730am, tanks and bulldozers were busy demolishing houses. Increasingly hemmed in, the women and children decided they had no choice but to try and leave.

No assistance

"Rawhiya was leading them. She said if all the women and children start moving out then everyone else could follow afterward. So she distributed white flags and led them out," Iman says.

"She walked at the front carrying a white flag, followed by other women carrying white flags or holding out their children."

Yasmine al Najar, another of the women, was at the front of the group with Rawhiyya when they spotted Israeli special forces positioned in a house opposite them.

Despite the presence of children and white flags allegedly on display the soldiers began to open fire.

Rawhiyya was trying to lead women and children to safety
"I was right next to her, a centimetre away," Hiba recalls. "Our neighbour was also walking next to her … she was holding up her child as though a flag … Then he shot her."

Yasmine tried to help her neighbour.

"A bullet hit Rawhiya in the head… it entered through one side and went out through the other… I took a bullet in the foot," she says.

In the nearby town of Khan Yunis, Marwan Abu Raida, a paramedic at the Nasser hospital, was finishing his first call out of the day when he received the call sending him to Khuza'a. It was 0745am

"I drove straight there… I was still 60 to 70 metres away from the body when what I think were Israeli special forces started shooting at me," he says.

"I felt powerless… there was nothing I could do for her. My understanding was that medical teams were protected under international ethics and law and that medical teams should be protected and they should have freedom of movement."

With the emergency services unable to help them and the bulldozers closing in, the women made frantic appeals for help, some of which aired live on the midday news.

"No one answered our calls for help," Iman, another of the stranded residents, says.

"At the end we decided to go out together and face the bombardment. The way we saw it was: it's better to walk in to the fire than stay and die under the rubble."

'Targeted killing'

Crawling on their hands and knees and still under fire, the villagers tried to reach the relative safety beyond the cordon of special forces but were shot at once more.

Nasser is convinced his wife's death was a deliberate killing
"Everyone went into one of the houses on the street and they were stuck there," Yasmine says. "But I kept running for about 300 metres until I reached the ambulance and paramedics waiting for us.

It was six hours later that the Israeli army began to withdraw, leaving Iman's 16-year-old brother who had been captured tied up in a house and Rawhiyya’s body in the street.

Calm and everyday life as much as it can exist, has now returned to what is left of Khuza'a but the scars of the war remain.

Fred Abrahams, an analyst for Human Rights Watch, has been researching white flag killings in Gaza during the course of the recent conflict.

"Our job is to look at how the parties to the conflict, Hamas and Israel, respected or disrespected international law and there's such a long list of issues but this case seems to be quite clear cut and that's why we focused on it," he says.

"It seems to us to be a targeted killing, and all the evidence so far suggests that she [Rawhiyya] was shot in plain sight, it was daylight, they saw the flag.

"If proven, that would be a war crime."

It is not easy for investigators to build a picture of exactly what happened. The recollections of people under artillery and sniper fire are often contradictory but in the case of Rawhiyya’s killing there is a remarkable consistency.

"In this case I don't see why they [the Israeli military] would have thought that these women were a risk or a threat to them and therefore that could potentially make this a war crime," Abrahams says.

Nasser has obtained a death certificate from the examining doctor, confirming the paramedic's earlier diagnosis that his wife's death was caused by a single shot to the head.

A GPS calculation of the distance confirms that she was shot at 120 metres.

This, together with Abrahams' findings in other parts of Gaza, have led him to a conclusion which, if correct, would point to a war crime implicating not only the soldier responsible but the entire Israeli military chain of command.

But there is little Human Rights Watch can do other than publish the findings of the report and Abrahams says the Israeli army, like many militaries, does not outline official rules of engagement.

Hiba has built a shrine to her dead mother
For Rawhiyya's friends and relatives there is also little comfort.

Nasser is doing what he can to look after his daughter but he says there is still so much that reminds them of Rawhiyya and their house overlooks the spot where she was killed.

Hiba has built a small memorial where her mother died.

"I thought about what she used to say about staying strong and steadfast," she says.

"When people called us and told us to leave we used to tell them that we will stay here, and we will stay strong."


Focus on Gaza, A War Crime? can be seen on Al Jazeera from Friday February 20 at the following times GMT: Friday 1430 and 2030; Saturday 0330 and 2230; Sunday 0830; Monday 0130; Tuesday 1030.

 Source: Al Jazeera
 
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Feedback Number of comments : 12
 
Craig
United States
22/02/2009
Crisis in Gaza
It is disappointing tat Al Jazeera displays video like this. While it is sad that bad things happen to good people. They did choose to elect Hamas. When you leave a terrorist organization in charge to freely attack a more powerful neighbor. What did these people think would happen? When in a war zone why would you choose to stay? Foolish. White flags only work if Hamas doesnt hide amongst the population. Since you have no idea what the Israeli Army saw, this whole article is wasted space.

Phat
Canada
24/02/2009
Also hold Hamas to account
I hope your investigation of "war crimes" in Gaza also looks into those committed by Hamas. You cannot condemn Israeli killing of Gazan civilians without also condemning the tactics of Hamas that complicate Israel's effort to avoid civilian casualties. Tactics such as fighting in civilian clothing, using women as suicide bombers, firing from and hiding within civilian populations and structures, all of which were used during the recent conflict.

miggy
Philippines
25/02/2009
war crimes
i dunno if what will be the future of the childrens in gaza if this crimes will not be stop or prevented. its a very sad story for them. their innocent lives are the one who are wasted in this endless batthe. they deserve a space to live in this world. they have the right to be happy all the time. lets pray for a miracle to happened. lets protect the rights of the childrens in gaza.

M Ali
Canada
24/02/2009
It is quite common for Israeli soldiers and settlers to shoot and kill Palestinians. There are innumerable incidents of this in both Gaza and the West Bank. There are article in American magazines that document incidents of Israeli soldiers taunting Palestinian children and then shooting them when they throw stones. Shooting Palestinians because they voted for Hamas is like saying its okay to shoot Americans for voting for Bush.

Corey
Germany
24/02/2009
Isreal?
Why is Isreal doing this to the palestinians? Being a german, I do not deny the existence of the holocaust, thus I am shocked. Israel is the last country on earth to commit a genocide. The Israelis behave like the darkest chapters of german history. Maybe this is why the russian Nazis feel well there... And hey Craig from the US - your comment is both - wasted space and wated recources. Next time, think before you express.

hhhh
Malaysia
24/02/2009
Terrorists, who?
I robbed your land, built settlements in some remaining parts of your land. Blockaded n dumped you in the world's largest open prison. You refused to surrender, dig tunnels to survive/resistance, fired harmless rockets So I call you 'terrorist'.

Kamal Eways
United States
24/02/2009
Gaza War Crimes
Craig in the U.S. may be a little naive about how to act as a civilian in a war zone. Unless he lived through the U.S. Civl War or was in New York on 911, he has no idea on how to act. Rawhiyya couldn't pack up her 8-seater SUV with the family & its belongings and saunter off. And, his comment about having no idea what the Israeli Army saw, there are rules of engagement for civilians yes even Palestinian civilians. Rule #1, you don't murder them.

Gia
United States
25/02/2009
shame on you Craig
Only heartless people like u make such atrocities happen. It seems as if Israelis are not even human beings they are just machines mad mad machines. Simply soul less.

Richard
United States
27/02/2009
Gia look in the mirror
you call Israelis less than human because one Israeli soldier killed one civilian. What does that make you, as an America, when incidents like this have happened for years in Iraq? Your calling Israelis soul-less has more to do with your prejudice than any moral principle. look in the mirror

Amir
United States
14/03/2009
Israel is the most humane military in the world
Israel is the most humane military force in the world!!! Im a moderate and im against the illegal settlements, but it is ridicoulus for people like all of you that get your facts from Al Jazeera to talk like that about israelis. If any other military including the US will have to go into the densest place in the world and fight against a terrorist group that uses its own population as human shield, there will be at least 3 times more civilian casualities. So please get the facts before you cmnt

John.T
New Zealand (Aotearoa)
31/03/2009
Killing civilians
Regardless of whatever Hamas has done in this terrible conflict,there is no excuse for the Israeli soldiers to shoot and kill women and children.Have the Israelis forgotten the horrors inflicted on their loved ones by the Nazis in World War 2? It's simply wrong and goes against the word of God.Shame on you Israel.

Andrew
United States
03/04/2009
Humanity
I hope that all who are involved in this tragic ordeal and all who are witnessing this will keep this in mind, From the opressor to the opressed, we are all human and deserve to be treated as such. So long as the opressed hate the opressor there will be no true peace. But so long as the opressor cannot find his/her humanity in themselves and in others, there will be no peace. I hope that there would be some to teach the opressed how to act, so that they may prick the humanity of the opressor.

 
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