2009: A Bad Year for the Protection of Civilians

Not even half way through 2009 and already it has proven to be a disastrous year for the protection of civilians in times of war. From December 27th 2008 to 18th January 2009, Trocaire estimated that the conflict in Gaza took the lives of around 412 Palestinian children, the epitome of non-combatant civilians. By the end of the brief but brutal conflict that consumed the first moments of 2009, the United Nations recorded 13 Israeli and 1,366 Palestinian deaths. On top of this, 40,000 people had been displaced and 200,000 homes were damaged. These figures are made all the more horrifying when the context is outlined.

For example, the ICRC (International Committee of the Red Cross) reported numerous cases of people in Gaza dying as they waited in vain for ambulances. This was largely due to the fact that breaks in shelling bombardments were not adequate to allow medical assistance reach those in need. This falls considerably short of the requirements under Articles 14 and 17 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War, of which Israel is a signatory and even if Israel was not to recognise the Gaza Strip as foreign territory, then Article 3 still requires that within its own territory, the “wounded and sick shall be collected and cared for”. It is worth making the point that the ICRC does not make a habit of condemning or criticising countries unless it feels compelled to do so, and as such the reports it made should be taken with utmost seriousness. In addition and with regard to the destruction of 200,000 homes, such devastation could hardly be considered “absolutely necessary by military operations” as is required by Article 53.

Furthermore, Human Rights Watch reported during the conflict that Israel’s military fired white phosphorus over crowded areas of Gaza repeatedly and indiscriminately. Israel was also criticised by the United Nations High Commissioner for Human Rights, Navi Pillay, for the killing of up to 30 Palestinians in Zeitoun when it shelled a house where its own troops had instructed roughly 110 civilians to take shelter. Any claims made by the Israeli Government that white phosphorous was not employed as a weapon or that some civilian deaths were either mistakes or did not occur as reported are hard to believe considering the ban on foreign media and the restriction of humanitarian and aid organisations within the conflict zones.

This is not to say that the activities of Hamas or any armed group that took offensive acts against Israel can be condoned or that the Israeli loss of life does not constitute a tragedy but the simple fact remains that the actions that Israel took were disproportionate and amounted to collective punishment which resulted in over a thousand civilian deaths. This is indefensible.

Following the cessation of hostilities by both sides involved in the Gaza conflict, another aggressive military operation, this time in the north eastern territory of Sri Lanka, assumed the focus of the international community. The government of Sri Lanka this week is now celebrating what it claims to be the defeat of the Tamil Tigers and the end of the civil war but throughout the campaign it acted with complete disregard for the civilian population. In the final week (beginning 11th May) of the campaign alone, it is estimated that 1,000 civilians were killed due to attacks in the Sri Lanka safe zone. Children as young as 5 years old were continuously turning up at camps traumatised and hungry after being separated from their parents as they tried to flee. Indeed the government at one point itself believed there to be 50,000 civilians trapped in the conflict zone. Yet despite this awareness and knowing that its actions were either directly causing civilian deaths or resulting in reprisals by the Tamil Tigers having the same effect, the government in Colombo refused to halt its offensive or change its tactics. Once again, any claims of innocence by Sri Lanka or the remaining Tamil Tigers cannot be verified as independent journalists were denied access to the areas where the fighting took place. However it would be surprising if more details about civilian deaths did not surface in the upcoming weeks and months.

Unfortunately, the end of one conflict has ushered in the beginning of another. As I am writing this article, the latest strife in Pakistan has resulted in the displacement of hundreds of thousands of civilians and both sides are claiming they intend to fight to the bitter end.

It looks as if 2009 is set to continue as violently as it began.