Palestinian rights group call for independent investigation of Hamas in Gaza fighting

By Mohammed Daraghmeh, AP
Monday, January 18, 2010

Rights groups urge Hamas to allow war crimes probe

RAMALLAH, West Bank — Palestinian human rights groups pressured Hamas on Monday to allow an independent investigation into whether it committed war crimes while fighting Israel last winter — an unusual public demand of the Islamic group that runs Gaza.

The pressure by 11 Palestinian groups came as Amnesty International accused Israel of “suffocating” Gaza with its blockade of the 1.4 million Palestinians there. The rights group urged Israel to lift blockade in a statement coinciding with the one-year anniversary of the end of the war.

Israel and Egypt have kept Gaza virtually sealed since Hamas seized control of the territory in 2007. Since the takeover, individual Palestinian groups have criticized Hamas for human rights violations.

The joint call on Hamas was unusual, however, as Palestinian and Israeli rights groups have mostly focused on Israel’s alleged violations in the war. Hamas is unlikely to agree to an independent investigation.

The Palestinian groups said an internal investigation is needed to maintain the credibility of Palestinians who want to see Israel punished for its actions.

In a report issued in September, U.N. investigator Richard Goldstone concluded that both Israel and Hamas committed war crimes during Israel’s three-week offensive a year ago. Both sides have denied the charge.

“If the Palestinians want the world to take them seriously in pursuing the Goldstone report, they themselves should be serious in dealing with findings of the report,” said Shahwan Jabareen of the Palestinian group al-Haq.

One proposal is to have the Arab League form a committee of international experts to investigate alleged Hamas war crimes.

Goldstone’s 575-page report found that Hamas terrorized Israeli civilians with indiscriminate rocket attacks, while Israel used excessive force and deliberately targeted Gaza civilians.

The report mainly focuses on Israel’s actions during the fighting.

The three-week war killed some 1,400 Palestinians, most of them civilians, according to Gaza health officials and human rights groups. Israel says the number was lower and a majority of the dead were militants. Thirteen Israelis were killed.

The U.N. General Assembly adopted Goldstone’s findings Nov. 5 and gave both sides three months to launch independent investigations. The resolution calls for possible Security Council action if Israel and Hamas don’t comply. Neither side has launched an independent investigation.

Hamas has demanded that legal action be taken against Israel, based on the Goldstone findings.

However, the Islamic militants defend years of rocket fire on Israeli border towns — the trigger for the war — as legitimate resistance to Israeli occupation. Such an approach makes it unlikely Hamas will agree to an independent probe.

In Gaza, Hamas Justice Minister Faraj al-Ghoul said he has formed a committee to discuss the findings of the Goldstone report and expected to make an announcement about it soon.

In Israel, 10 human rights groups have called for an independent probe of Israel’s actions, saying the military’s attempts to investigate the actions of soldiers are insufficient.

Israel’s military police has looked into some complaints, including the use of Palestinians as human shields and “white flag killings” of Gaza civilians fleeing the fighting. But Israeli rights groups complain the investigations are too limited in scope.

Israel’s government is preparing to file a response to the U.N. report by the end of the month, an official said Monday, speaking on condition of anonymity because the document is not yet completed. He said the military is also planning a response, but had no additional details on its contents or timing. The military did not comment.

Israel’s ongoing blockade has prevented rebuilding of thousands of homes and businesses damaged or destroyed in the fighting.

Amnesty dismissed Israel’s claim that the blockade seeks to prevent materials that could be used to produce weapons from reaching militants.

“The reality is that the blockade does not target armed groups, but rather, punishes Gaza’s entire population by restricting the entry of food, medical supplies, educational equipment and building materials,” said Malcolm Smart, Amnesty’s Middle East and North Africa director.

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