The 2014 Israeli shelling of UNRWA Gaza sheltersThere were seven shellings at UNRWA facilities in the Gaza Strip which took place between 21 July and 3 August 2014 during the Israeli-Gaza conflict. The incidents were the result of artillery, mortar or aerial missile fire which struck on or near the UNRWA facilities being used as shelters for Palestinians, and as a result at least 44 civilians, including 10 UN staff, died. During the 2014 Israel-Gaza conflict, many Palestinians fled their homes after warnings by Israel or due to air strikes or fighting in the area. An estimated 290,000 people (15% of Gaza's population) took shelter in UNRWA schools.
On three occasions, on 16 July, 22 July and on 29 July, UNRWA announced that rockets had been found in their schools. UNRWA denounced the groups responsible for "flagrant violations of the neutrality of its premises". All of these schools were vacant at the time when rockets were discovered; no rockets were found in any shelters which were shelled. The Israel Defense Forces (IDF) stated that "Hamas chooses where these battles are conducted and, despite Israel's best efforts to prevent civilian casualties, Hamas is ultimately responsible for the tragic loss of civilian life. There has been repeated abuse of UN facilities by Hamas, with at least three cases of munitions storage within such facilities."Gaza crisis: a closer look at Israeli strikes on UNRWA schools, Raya Jalabi, Tom McCarthy, Nadja Popovich, 8 August 2014, The Guardian
The attacks were condemned by members of the UN (UNRWA's parent organization) and other governments, such as the U.S., have expressed "extreme concern" over the safety of Palestinian civilians who "are not safe in UN-designated shelters." The Rafah shelling in particular was widely criticized, with Ban Ki-moon calling it a "moral outrage and a criminal act" and US State Department calling it "appalling" and "disgraceful". UN High Commissioner for Human Rights Navi Pillay said that both Hamas militants and Israel might have committed war crimes. A Human Rights Watch investigation into three of the incidents concluded that Israel committed war crimes because two of the shellings "did not appear to target a military objective or were otherwise indiscriminate", while the third Rafah shelling was "unlawfully disproportionate". On 27 April 2015, the United Nations released an inquiry which concluded that Israel was responsible for the deaths of at least 44 Palestinians who died in the shelling and 227 were injured.
Background Since the 2005 Israeli disengagement from Gaza, Palestinian militant groups in Gaza have launched rockets into Israel as part of the Gaza–Israel conflict. Gaza militants operate in civilian areas, draw return fire to civilian structures, and on some level benefit in the diplomatic arena from the rising casualties. Through the years, Israel has accused Hamas of launching rockets from schools, residential buildings, mosques and hospitals and Hamas has repeatedly been accused of using civilians as a human shields.Israel Says That Hamas Uses Civilian Shields, Reviving Debate. ANNE BARNARD and JODI RUDOREN, The New York Times, 23 July 2014
Israel says it takes precautions to avoid civilian casualties and collateral damage, making use if a variety of operational measures, including advance warnings and selective application of military force.Israel, Gaza and Humanitarian Law: Efforts to Limit Civilian Casualties, JCPA Following the current conflict, U.S. military, General Martin Dempsey, Chairman of the Joint Chiefs of Staff, said that Israel went to "extraordinary lengths" to limit civilian casualties and collateral damage during its operation and that the Pentagon had sent a team to see what lessons could be learned from the operation.Israel tried to limit civilian casualties in Gaza: U.S. military chief, reuters, 6 Nov 2014 While a study into a Legal and operational assessment of Israel's targeting practices, found that Israeli targeting practices and positions on the application of the law of armed conflict (LOAC) are broadly within the mainstream of contemporary state practice, and their approach to targeting is consistent with the law and, in many cases, worthy of emulation.A Legal and Operational Assessment of Israel's Targeting Practices; By Michael Schmitt, Professor of International Law and Director of the Stockton Center for the Study of International Law at the U.S. Naval War College And John Merriam, a U.S. Army Judge Advocate currently serving as Associate Director of the Stockton Center. Example of advance warnings include phone messages and dropping leaflets, or by using the technique of roof knocking to warn citizens to evacuate their homes. However, this can also have the effect of worsening the humanitarian situation.
International critics have said Israel's actions were disproportionate to Palestinian rocket attacks and that led to 2,220 Palestinians being killed in the war, of whom a vast majority were civilians according to figures given by UN. A report by B'Tselem criticized Israel for bombing homes, which it says led to 606 people getting killed in 70 examined attacks. Breaking the Silence said they collected testimonies from over 60 unnamed soldiers to a report which criticized Israel's rules of engagement. Alistair Dawber wrote in The Independent that the "service personnel paint a picture that runs counter to official Israeli military claims that the surgical operation – which became a full-blown conflict after three Israeli teenagers were kidnapped and murdered in the occupied West Bank - took great care to avoid civilian casualties and that Gaza's already fragile infrastructure was not unnecessarily targeted". The Israeli military said they were "committed to properly investigating all credible claims raised via media, NGOs, and official complaints concerning IDF conduct during operation Protective Edge, in as serious a manner as possible" and that they had done so before and that the group had offered no proof. The Independent saw a letter where Breaking the Silence had contacted the Israeli military and requested a meeting with its chief of staff.
Israel has had a strained relationship with the United Nations. During the 2008–09 Gaza War, Israel shelled several UN schools. Among them were the Boys School in Beit Lahiya,UN school attacked; civilians left to bleed to death. Al Mezan Center For Human Rights, 17 January 2009Gaza crisis: key maps and timeline. BBC, 18 January 2009 the Asma Elementary School in Gaza City,Gaza's day of carnage - 40 dead as Israelis bomb two UN schools. Chris McGreal and Hazem Balousha, The Guardian, 7 January 2009, the al-Fakhura school in Jabalia and a school in Khan Younis,IDF: Mortars fired from bombed school. Ynet, 6 January 2009 which were run by the United Nations and were shelters for displaced persons.Israel OK's Gaza "Humanitarian Corridor" CBS News In one incident of a shelling on a UN warehouse also being used as a shelter, white phosphorus was used.
In 2014, Gaza–Israel conflict, over 5,000 homes have been destroyed and 30,000 other damaged by the IDF. A total of 460,000 Palestinians have been displaced due to these factors, since the beginning of the current conflict.
Overview The UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) operated over 245 institutions and schools across the Gaza Strip. The agency has been providing shelter to people displaced by the Gaza–Israel conflict since 12 July,UNRWA GAZA SITUATION REPORT 15 eventually operating 89 shelters. Overall, there were seven incidents in which death or injuries occurred at, or damage was done to, UNRWA Shelters. Of these three (Beit Hanoun, Jabaliya and Rafah) resulted in numerous civilian casualties. The other schools which were shelled include ones in Maghazi (hit twice),Gaza Situation Report 27 United Nations Relief and Works Agency for Palestine Refugees in the Near East. 4 August 2014. Accessed 7 August 2014UNRWA strongly condemns shelling of a school in Gaza sheltering civilians and calls for an investigation. UNRWA, 22 July 2014 Deir El Balah and Zaitoun.
As of 24 July, UNRWA closed 23 facilities and Hamas took advantage of the closures to employ some of these vacant UNRWA buildings as weapon storage sites.Colum Lynch, "The U.N. Takes Fire in Gaza", Foreign Policy, 24 July 2014. On three separate occasions, Palestinian weapons and/or weapons components were found to have been placed in UNRWA schools – on 16, 22, and 29 July.Summary of the report of the United Nations Headquarters Board of Inquiry, by the Secretary-General UNRWA denounced the actions as "flagrant violations of the inviolability of its premises". UN Secretary-General Ban Ki-moon charged the fact that UN facilities were used by Palestinian militant involved in the fighting to store their weaponry and, in two cases, probably to fire from is "unacceptable".UN Secretary General: Palestinian militants put UN schools at risk during Gaza war, Jerusalem post
UN High Commissioner for Human Rights Navi Pillay said on 31 July 2014 that both Hamas militants and Israel might have committed war crimes.Gaza conflict: Israel, Hamas both committing war crimes, UN official says Associated Press, 31 July 2014
Israel said on 20 November 2014 that it would cooperate with a UN investigation established by U.N. Secretary-General Ban Ki-moon because it was "an authentic investigation with potential for us to improve our performance in the course of conflict and learn from our mistakes."
According to an investigation by Human Rights Watch, "Three Israeli attacks that damaged Gaza schools housing displaced people caused numerous civilian casualties in violation of the laws of war". It also criticized Palestinian militant groups for three unrelated cases where weapons and/or weapons components were found in vacant UNRWA schools and Israel for occupying one UNRWA school for military purposes.
The IDF stated that "Hamas chooses where these battles are conducted and, despite Israel's best efforts to prevent civilian casualties, Hamas is ultimately responsible for the tragic loss of civilian life. Specifically in the case of UN facilities, there has been repeated abuse of UN facilities by Hamas, namely with at least three cases of munitions storage within such facilities." Israel has criticized the UNHRC as biased and announced its own investigation into one incident (Beit Hanoun). Human rights groups have expressed skepticism, with Human Rights Watch, stating "Israel has a long record of failing to undertake credible investigations into alleged war crimes" and B'Tselem refusing to participate in the investigations.
Schools attacked
Beit Hanoun Elementary Co-ed School A & D During the 2014 conflict, the area surrounding the Beit Hanoun school was particularly dangerous and, as hostilities intensified, the entire area was exposed to fierce combat. The school was designated as a shelter on 18 July and was hit by indirect artillery fire on 24 July.
During the three or four days leading to the incident Israel's Coordination and Liaison Administration (CLA) have issued multiple warnings indicating that, rockets were being fired from and around the school and that it needed to be evacuated. On the day prior to the incident, the situation around the school worsened. The ICRC attempted to evacuate the school, but the majority of the residents refused to leave. During that night shrapnel and gunfire hit the school. In the morning military activity appeared to have de-escalated and most people chose to leave, decreased their number to approx 450.