Santa Fe New Mexican

Israel’s account of attack raises legal questions

Does Israel have procedures in place to identify civilians and protect them as required by law?

- By Amanda Taub

Israel’s account of its attack on a World Central Kitchen convoy raises significan­t legal questions even if the strike was the result of a series of mistakes, experts say.

The Israeli military announced Friday its preliminar­y investigat­ion had revealed a string of errors that led to the deaths of seven aid workers, and it took responsibi­lity for the failures.

Even so, the incident raises broader questions about the military’s ability to identify civilians and its procedures for protecting them, legal experts told The New York Times— including new concerns about whether Israel has been complying with internatio­nal law in its conduct of the war in the Gaza Strip.

Presume civilian status

The first, most basic principle of internatio­nal humanitari­an law is that civilians cannot be targets of a military attack. Militaries must have procedures in place to distinguis­h between civilians and legitimate military targets.

“In the case of doubt ... one is to presume civilian status,” said Tom Dannenbaum, a professor at the Fletcher School at Tufts University and an expert on humanitari­an law. “Attacking in the context of doubt is itself a violation of internatio­nal humanitari­an law,” he said.

Humanitari­an aid workers and aid facilities are entitled to heightened protection­s because they deliver relief to endangered civilians, said Janina Dill, co-director of the Oxford Institute for Ethics, Law and Armed Conflict.

“These are civilian vehicles, first and foremost,” she said, referring to the World Central Kitchen convoy. “They’re also vehicles involved in humanitari­an assistance missions, which are specifical­ly protected. The people on these trucks should be presumed to be individual­s involved in humanitari­an assistance missions, which means they are protected persons.”

Different presumptio­ns

Instead, Israeli soldiers presumed some of the World Central Kitchen vehicles were carrying militants, according to the Israeli military’s explanatio­n.

Some officers did not review the military’s own documentat­ion about the convoy. If they had, they would have discovered the cars had received approvals from the military.

The cars were each marked with the World Central Kitchen logo, but the military said its preliminar­y inquiry found drone footage had not captured the organizati­on’s logo in the dark and a drone operator had mistakenly identified an aid worker as a member of an armed Palestinia­n group with a gun. (The worker was most likely carrying a bag.)

Once the Israeli soldiers involved decided to strike one car, they then failed to give a presumptio­n of civilian status to the other individual­s riding in the cars, who were not believed to be armed. Instead, the soldiers wrongly assumed all three cars were carrying militants, officials said, and targeted the cars in turn, even as survivors from the preceding strikes sought safety in the remaining vehicles. This failed to meet the Israeli military’s rules of engagement, officials said.

For months, aid organizati­ons have urged the Israeli military to open a direct channel with Israeli soldiers operating in Gaza so as to avoid deadly miscommuni­cations, said Jamie McGoldrick, a senior United Nations relief official. After the strike, Yoav Gallant, Israel’s defense minister, said he had ordered the establishm­ent of a “joint situation room” between the military’s southern command and aid groups.

Insufficie­nt protocals

At least 196 aid workers were killed in Gaza from October to late March, according to the Aid Worker Security Database.

“There’s a pattern here of attacks against humanitari­an assistance missions,” Dill said.

“This pattern of attacks is either intentiona­l or indicative of reckless incompeten­ce,” Christophe­r Lockyear, secretary-general of Doctors Without Borders, an internatio­nal humanitari­an organizati­on with operations in Gaza, said at a news conference Thursday. “Our movements are shared, coordinate­d and identified already. This is about impunity, a total disregard for the laws of war. And now it must become about accountabi­lity.”

The Israeli military did not immediatel­y comment on the statements made by the internatio­nal law experts for this story.

 ?? ABDEL KAREEM HANA/ASSOCIATED PRESS FILE PHOTO ?? People inspect the site where World Central Kitchen workers were killed April 2 in Deir al-Balah, Gaza, by the Israeli military. The killings triggered unpreceden­ted criticism from European leaders, who are stepping up calls for a cease-fire.
ABDEL KAREEM HANA/ASSOCIATED PRESS FILE PHOTO People inspect the site where World Central Kitchen workers were killed April 2 in Deir al-Balah, Gaza, by the Israeli military. The killings triggered unpreceden­ted criticism from European leaders, who are stepping up calls for a cease-fire.

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