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June 14, 2006

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JERUSALEM (CNN) — The explosion on a Gaza beach that killed seven people last Friday was caused by explosives planted there by Palestinian militants, not artillery fire from an Israeli navy gunboat, Israeli military sources said Tuesday.

However, in Gaza, the group Human Rights Watch said the evidence it has been able to gather suggests that a 155 mm artillery shell, like the type used by the Israeli military, was responsible.

The Israeli investigation concluded that the possibility any of the six artillery shells fired from the gunboat could have landed on the beach was “almost nil,” the sources said.

The deaths of seven people — all members of a Palestinian family having a beach picnic — prompted the military wing of Hamas to resume rocket strikes against Israel after a hiatus of more than a year.

The Israel Defense Forces report was presented to the Israeli defense minister and Israeli chief of staff Tuesday.

The IDF report cites several factors that led to the conclusion that the explosion was caused by a mine planted on the beach by Palestinian militants, the sources said.

An Israeli commando unit used the beach to enter Gaza for a mission in recent weeks, prompting the militants to place the mines, the sources said.

Intelligence information gathered by Israeli investigators showed that Hamas quickly removed the remaining mines from the beach after the blast, the sources said.

Investigators were able to locate where five of the six shells fired from the gunboat Friday landed and none of them were near the beach, the sources said. The sixth shell — the first to be fired — could not have killed the family because it was fired further north and too early, the sources said.

Adding to the conclusion that it was not an Israeli shell that killed the family was an examination of photographs of the crater on the beach. The sources said experts found it was the type of crater caused by a planted explosive, not by an artillery shell landing from above.

Finally, shrapnel removed from three of the injured by doctors at Israeli hospitals was not from an artillery shell, the sources said.

But Human Rights Watch said its investigation of the incident came up with opposite conclusions in almost every case.

The group said most of the injuries to the dead were to the head and torso. A Human Rights Watch spokesman said that would be consistent with an incoming shell, not a bomb buried in the ground.

Human Rights Watch also said the crater was consistent with a 155 mm artillery shell.

CNN’s Michal Zippori and Finnuala Sweeney contributed to this report

Israel: Investigate Gaza Beach Killings

Artillery Strike Probably Killed Palestinian Family

06.13.2006 | Human Rights Watch

Update: More Evidence on Beach Killings Implicates IDF, June 15, 2006

(Gaza City, June 13, 2006) – Israel should immediately launch an independent, impartial investigation of a June 9 Israeli artillery strike on a beach north of Gaza City, Human Rights Watch said today. Seven Palestinian civilians picnicking on the beach were killed that day and dozens of others were wounded.
Human Rights Watch researchers have visited the site to examine the fatal crater and have interviewed victims, witnesses, security and medical staff.

“There has been much speculation about the cause of the beach killings, but the evidence we have gathered strongly suggests Israeli artillery fire was to blame,” said Sarah Leah Whitson, director of the Middle East and Africa division at Human Rights Watch. “It is crucial that an independent investigative team, with the necessary expertise, verify the facts in a transparent manner.”

The independent investigation should involve the use of external, international experts. Human Rights Watch called on the Palestinian Authority to permit such an investigation, including allowing access to the site by the investigative team. Israel has carried out an internal army probe into the incident and released its findings this evening, saying the explosion was not caused by an Israeli artillery shell. However, such internal investigations by the Israel Defense Forces (IDF) have generally fallen short of international standards for thorough and impartial investigations and have rarely uncovered the truth or held to account the perpetrators of violations, as documented in a 2005 Human Rights Watch report, Promoting Impunity: The Israeli Military’s Failure to Investigate Wrongdoing.

The head of the IDF’s southern command, General Yoav Galant, has said that IDF forces fired six artillery shells at an area described as approximately 250 meters away from the fatal incident between 4:32 p.m. and 4:51 p.m. on Friday, June 9. Human Rights Watch investigations indicate that the evidence overwhelmingly supports the allegations that the civilians were killed by artillery shells fired by the IDF.

The attack at the beach comes amidst an intensified Israeli response to Qassam rocket attacks by Palestinian armed groups operating in the area. Human Rights Watch, which is also investigating the use of Qassams against Israeli civilians, has previously called on Palestinian armed groups to cease such unlawful attacks. The Qassam attacks violate international law because they fail to discriminate between military targets and civilians. Qassam rockets are highly imprecise, homemade weapons that are incapable of being targeted at specific objects.

Human Rights Watch researchers currently in Gaza interviewed victims, witnesses, Palestinian security officers and doctors who treated the wounded after the incident. They also visited the site of the explosion, where they found a large piece of unoxidized jagged shrapnel, stamped “155mm,” which would be consistent with an artillery shell fired by the IDF’s M-109 Self-Propelled Artillery.

Human Rights Watch spoke to the Palestinian explosive ordnance disposal unit who investigated three craters on the beach, including the one where the civilians were killed. According to General Salah Abu ‘Azzo, head of the Palestinian unit, they also gathered and removed shrapnel fragments consistent with 155mm artillery shells.

Eyewitnesses interviewed by Human Rights Watch described between five and six explosions on the beach between 4:30 p.m. to 5 p.m., the time frame when the IDF fired artillery onto the beach and when the seven civilians were killed. Two survivors said they heard the sound of an incoming projectile and saw a blur of motion in the sky before the explosion that killed the seven civilians. Residents of northern Gaza are familiar with the sounds of regular artillery fire.

Doctors also confirmed to Human Rights Watch researchers that the injuries from the attack, which were primarily to the head and torso, are consistent with the heavy shrapnel of artillery shells used by the IDF. Doctors said the shrapnel they removed from Palestinian patients in Gaza was of a type that comes from an artillery shell.

According to readings from a Global Positioning Satellite taken by Human Rights Watch, the crater where the victims were killed was within the vicinity of the other artillery craters created by the IDF’s June 9 artillery attack and was the same shape and size. One crater was 100 meters away from the fatal crater, and the rest were 250 to 300 meters away.

Some Israeli officials have suggested the explosion may have been caused by a mine placed by Palestinian militants, rather than one of their artillery shells, despite the fact that they cannot account for the final landing place of one of their six shells.

However, according to on-site investigations by Human Rights Watch, the size of the craters and the type of injuries to the victims are not consistent with the theory that a mine caused the explosion. The craters are too large to be made by bounding mines, the only type of landmines capable of producing head and torso injuries of the type suffered by the victims on June 9. Additionally, Palestinian armed groups are not known to have, or to have used, bounding mines; the Palestinian government bomb squad said it has never uncovered a bounding mine in any explosive incident.

Since its September 2005 pullout from Gaza, the IDF has regularly struck northern Gaza with artillery shelling, in response to Qassam rocket attacks from the area by Palestinian armed groups. In the last 10 months, Israel has admitted to firing more than 5,000 artillery shells into the area. The United Nations Office for the Coordination of Humanitarian Affairs puts the number at 5,700 IDF shells fired since the end of March 2006.

According to the Palestinian Ministry of Health, IDF artillery fire has killed 47 Palestinians, including 11 children and five women, and injured 192 others since September 2005. It has also damaged dozens of homes in northern Gaza.

Human Rights Watch researchers visiting the area say almost every house on the periphery of areas of Beit Hanoun and Beit Lahia in northern Gaza has holes in it indicative of Israeli artillery shrapnel. In a June 10 interview with the New York Times, General Aviv Kochavi, the Israeli commander for the south, indicated that the purpose of the artillery shelling is to deter future attacks and punish area residents: “The message we are trying to convey, you can call it deterrence, but it’s ‘Ladies and gentlemen, there is an equivalence: so long as you shoot qassams at us, we’ll shoot at you.'”

International law requires attacking forces to distinguish between soldiers and civilians, targeting only the former. It prohibits indiscriminate attacks, which use a method or means of warfare that cannot distinguish between the two groups. It also prohibits disproportionate attacks in which the civilian harm outweighs military necessity.

“The IDF has a legal duty to do everything feasible to verify that targets are military objectives and to avoid civilian deaths,” Whitson said. “The investigation should determine how the beach picnickers died and whether international law was violated. If that’s the case, it must consider how best to compensate the victims and how to prevent future deaths.”

Human Rights Watch researchers have been in Sderot and Gaza on a fact-finding mission documenting the impact of Palestinian Qassam fire from Gaza into Israel and Israeli artillery shelling into northern Gaza. In Israel, the team was in Sderot when the town was hit by two Palestinian Qassams on Thursday, June 8, and also witnessed two more Qassams hitting Nativ Ha’asara the same day; there were no apparent injuries as a result of those attacks. Since Human Rights Watch’s visit to the Western Negev, the Israeli media has reported that 54 Qassam rockets have been fired at Sderot. According to news reports, on Sunday one rocket seriously wounded Yonatan Engel, a 60-year-old resident of Sderot.

Eyewitness Accounts

According to witnesses, the Ghalya family went to the beach on June 9 for a family outing. After shells fell nearby, the father, ‘Ali, hurriedly gathered his family together and called for a car. An explosion then occurred in the middle of the family group.

“Their legs I could see inside. Their intestines I could see spilling out,” said Mohammed Sawarka, 28, who rushed to the scene to help. “A 1-month-old child was dead inside its carriage.” He also found a hand in the sand. Doctors at the Shifa Hospital corroborated this testimony.

Amani Ghalya, 22, suffered severe abdominal injuries and lost her arm. Her sister, Latifa, 7, has brain damage. Both were still in the intensive care unit on Sunday, June 11. Their mother Hamdia, 40, ‘Ali’s second wife, suffered a compound fracture and lost a chunk of flesh in her arm. She also pointed to shrapnel wounds to her abdomen and upper leg.

The family members killed in the attack, and their ages, were: ‘Ali ‘Isa Ghalya, 49; Ra’issa Ghalya, 35; Haitham Ghalya, 1; Hanadi Ghalya, 2; Sabrin Ghalya, 4; Ilham Ghalya, 15; and ‘Alia Ghalya, 17.

Shrapnel from the blast also pierced a nearby car where Hani Radwan Azanin’s daughters Nagham, 4, and Dima, 7, were hiding. They suffered serious injuries to their backs and arms. Human Rights Watch visited the car and found multiple shrapnel holes and a piece of shrapnel.

“All of the patients are suffering from multiple injuries. There was massive destruction of bone, muscle, skin,” said Dr. Nabil Al-Shawa of Gaza’s Shifa Hospital, who treated some of the victims. The research team took photographs of some of the survivors, available on the Human Rights Watch website.

Promoting Impunity: The Israeli Military’s Failure to Investigate Wrongdoing
Report, June 22, 2005

Hamas Must End Attacks Against Civilians
Press Release, June 9, 2005

More Information on Human Rights in Israel/OPT
Country Page, June 13, 2006

Photographs of Some Survivors in Gaza
Graphic, June 13, 2006

Israel: More Evidence on Beach Killings Implicates IDF
Press Release, June 15, 2006