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To protect civilians in the event of continuing hostilities, Human Rights Watch recommends:
To Palestinian armed groups
- Cease all rocket attacks directed at civilian populations, or which cannot distinguish between civilians and combatants.
- Cease firing weapons from locations near civilian objects in violation of the international humanitarian law requirements to take all feasible precautions to protect civilians from the effects of attacks, and avoid locating military objectives near densely populated areas.
To the Palestinian Authority
To the leaders of Palestinian political factions
- Publicly repudiate rocket attacks directed at civilian populations or that do not discriminate between combatants and civilians on the grounds that they violate international humanitarian law.
- Direct all affiliated militias and armed groups to cease such rocket attacks, and take necessary disciplinary action, as appropriate.
To Israel and the IDF
Cease artillery attacks using weapons such as 155mm artillery in situations and locales where the degree of weapon targeting accuracy and the shells’ casualty radius do not allow for attacks that can discriminate between civilians and combatants.
Cease artillery attacks in or near populated areas that are likely to cause civilian harm that is excessive compared to the expected military advantage.
Ensure that all artillery attacks are directed at a genuine military objective, and not overly expansive conceptions of “area denial” that are inconsistent with international humanitarian law. Cease any attacks as soon as it becomes known that they are not being directed at a genuine military objective or are not distinguishing between combatants and civilians.
Ensure, in cooperation with Palestinian counterparts, that effective communications mechanisms are in place to relay promptly information on attacks threatening civilian harm, and take appropriate measures to reduce the threat to civilians when such information is provided.
Collect and analyze data regarding Palestinian civilian casualties from artillery shelling in order to assess the harm to civilians caused by the use of artillery in particular locales and situations, and thus to base targeting decisions on a proper weighing of foreseeable civilian harm.
Cooperate with independent investigations of incidents in which there has been loss of civilian life, such as at Gaza beach and the Nada Apartments complex, by sharing information and evidence collected by authorities, including the locations and targets of specific strikes, video footage of the incident, and shell fragments removed from victims.
Undertake a comprehensive independent investigation to identify issues of individual and command responsibility, including any possible criminal responsibility, for violations of international humanitarian law committed in the conduct of the Gaza beach and Nada Apartments complex artillery attacks.
Investigate and prosecute or discipline, as appropriate, persons responsible for artillery attacks conducted in violation of international humanitarian law.
Conduct a comprehensive independent investigation, with civilian oversight, of IDF artillery operations in northern Gaza and violations of international humanitarian law. Such an investigation should identify issues of individual and command responsibility for possible disciplinary action or criminal prosecution.
July 2007
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