ISRAEL HAS disciplined two senior army officers for authorising the firing of phosphorus shells during the war in Gaza last winter against Palestinian militants.
However, although the two officers were reprimanded, they will keep their ranks and will not face criminal prosecution.
The news of the disciplining came in Israel’s response to the United Nations over a report by a panel headed by retired South African jurist Richard Goldstone. The report had accused both Israel and armed Palestinian groups of committing war crimes during the 22-day conflict.
The incident in question occurred on January 15th, 2009, three days before the end of the fighting.
Gaza division commander Brig Gen Eyal Eisenberg and Givati brigade commander Col Ilan Malka were disciplined for allowing the firing of white phosphorous shells in the direction of a compound run by UNRWA, the United Nations Relief and Works Agency, in a Gaza city neighbourhood.
Two UN workers and two Palestinian civilians, who sought refuge in the UNRWA compound, were wounded by the shells, which scattered hundreds of small particles and provided a smokescreen for ground forces.
The use of such munitions was one of the key allegations raised by Palestinian and international human rights organisations against Israel during the conflict.
Israel never denied using phosphorus shells, stressing that such munitions were permitted under international conventions and were used by western armies. Israeli military spokesmen maintained that the shells were used in open areas and not over densely populated neighbourhoods, despite claims by Gazan medical workers that hundreds of residents suffered phosphorus burns.
The military has investigated 150 allegations of misconduct by troops during the war and 36 have been transferred to the military police with a view to criminal investigations. However, Israeli leaders have so far resisted the UN call to set up a “credible and independent” commission of inquiry into the war crime allegations.
A number of senior Israeli ministers, including the justice and foreign ministers, have spoken in favour of such an inquiry, but defence minister Ehud Barak and senior army officers oppose an investigation, fearing that troops and commanders would be questioned by the panel and face the possibility of prosecution abroad.
Opposition leader Tzipi Livni, who served as foreign minister during the Gaza war, opposes an independent inquiry, arguing that it would grant legitimacy to the Goldstone report, which, she says, was “born in sin”.
“It would be a mistake to establish a commission that would examine the Israel defence forces without ensuring that the establishment of such a inquiry would protect army officers from future lawsuits,” she said.
No final Israeli decision on whether to set up an independent inquiry is expected before UN secretary general Ban Ki-moon responds to the Israeli document delivered to him at the weekend.
A Hamas official in Gaza said the disciplinary action was “further admission of Israel’s guilt” over alleged war crimes, but he said he did not expect any further action to be taken against officers.