Israel on The Operation in Gaza - Factual and Legal Aspects Print E-mail

In August, Israel's Foreign Ministry came out with an explanation and defense of its operation in Gaza

FAQ: The Operation in Gaza - Factual and Legal Aspects
16 Aug 2009
Background
  • What prompted Israel to launch Operation Cast Lead?
  • How did Israel initially respond to these incessant attacks on its civilian population?
  • What was the effect of Hamas' daily rocket attacks on Israel's civilian population?
  • What other measures did Israel take before resorting to military action?
  • What was the result of Israel's efforts to end the rocket and terrorist attacks on its civilians through diplomatic channels?
  • Did Israel have the right to resort to force to defend itself?
  • What was the legal basis for assessing Operation Cast Lead?
  • What kind of military capabilities did Hamas have in its attacks on Israel?
The Gaza Operation
  • In what stages did the operation progress?
  • What was the legal framework for the use of force?
  • What are the principles of the Law of Armed Conflict that Israel adhered to - and Hamas did not?
  • What is a lawful military objective?
  • What about the accusation of war crimes?
  • Did Israel use disproportionate force in Gaza?
Civilians in Armed Conflict
  • What are the obligations of the parties to an armed conflict regarding their own civilians?
  • What precautions did the IDF take to minimize harm to civilians?
  • Did Hamas meet its obligation to minimize the harm it might cause to its own civilians?
  • So it was Hamas that committed war crimes?
  • How did Hamas abuse its own civilian sites as cover for its military operations?
  • What other war crimes did Hamas commit against its own people?
  • What other abuses did Hamas commit?
  • In what other ways did Hamas protect itself at the expense of its own civilians?
  • How did Hamas exploit the children of its own civilians?
  • What humanitarian aid did Israel provide to the Palestinian civilians in Gaza, and how was it provided?
  • Israel went out of its way to try to get humanitarian relief to the Palestinian civilians. What did Hamas do?
IDF actions and procedures
  • What procedures did the IDF implement to comply with international law?
  • What training and legal supervision does the IDF provide for complying with international law?
  • How does the IDF training system compare with other systems?
  • What were the IDF's rules of engagement during the Gaza conflict?
  • What was the IDF policy on pursuing legitimate military targets during the Gaza conflict?
  • What Hamas military targets did the IDF strike?
  • Did the IDF target the civilian police force in Gaza?
  • What precautions did the IDF take during the Gaza conflict?
  • What precautions did the IDF take regarding targeting and munitions?
  • What precautions did the IDF take regarding the civilians in Gaza?
Investigation of Complaints

  • What system does Israel have in place for investigating complaints?
  • How does the military justice system function?
  • Are the decisions of the Military Advocate General subject to further review?
  • How impartial are the judicial reviews conducted by Israel's Supreme Court on decisions of the Military Advocate and the Attorney General?
  • How does Israel compare with other investigatory systems?
  • Are complaints about the IDF's conduct of operations being handled?
  • What is the status of the investigations?
  • How are the complaints being handled?
  • What cases are under investigation regarding U.N. international facilities?
  • What complaints were received about harm to medical facilities, vehicles and personnel?
  • What are the facts behind the incidents involving multiple civilian casualties?
  • Did the IDF use munitions containing white phosphorous and flechettes?
  • What is the international law applicable to the use of incendiary weapons?
  • In using these weapons, did Israel comply with the principle of distinction?
  • Did Israel comply with the duty to minimize the risk to civilians?
  • Did Israel comply with the principle of proportionality?
  • What did the investigations show and what lessons were learned?
  • What are the facts about the IDF's use of munitions containing flechettes?
  • Why was private property destroyed in the Gaza operation?

 

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