Military chiefs were warned that change of safety margin for gunners risked killing the innocent http://www.guardian.co.uk/israel/Story/0,,1945815,00.html<
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"Israeli military commanders drastically reduced the 'safety' margins that separate artillery targets from the built-up civilian areas of Gaza earlier this year, despite being warned that the new policy risked increasing Palestinian civilian deaths and injuries, The Observer can reveal.
The warning, delivered in Israel's high court by six human rights groups, came after the Israeli Defence Force reduced the so-called 'safety range' in Gaza from a 300-metre separation from built-up areas to just 100 metres - within the kill radius of its 155mm high-explosive shells, generally regarded as being between 50 and 150 metres.
Disclosure of the new shelling policy, which went largely unnoted at the time, has emerged in international outcry over the latest artillery incident by Israeli gunners shelling Gaza - the killing of 19 members of an extended family in the Gaza town of Beit Hanoun. It was the highest Palestinian civilian toll in a single incident since the current conflict erupted in September 2000. The deaths were caused when what witnesses described as a volley of tank shells hit a built-up civilian area.
The revelation follows reports that the shelling of Gaza has continued despite the recent recognition by senior Israeli military officers, including the head of the IDF's Southern Command, that indirect artillery fire (ie, firing without seeing the target) was largely pointless in countering Palestinian rocket fire."
11 Apr. 2006: Israel bears legal responsibility for the death of a girl in Gaza <
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"Yesterday the Israeli military fired a shell that hit the house of the Ghiben family in the town of Beit Lahya in the northern Gaza Strip. Hadil, a seven-year old girl, was killed, and twelve people were injured, including Hadil's pregnant mother Sfia Ghiben, who was seriously injured.
The shelling occurred as part of Israel's policy during the past few months to shell "launching sites" from which Qassam rockets are fired at Israeli communities. Often these sites are located in residential neighborhoods that are put at risk by Israeli shelling.
According to media reports, the Israeli military has even decided to reduce the "safety zone" that is intended to prevent or limit the danger to residential areas. This zone will reportedly be reduced from 300 to 100 meters. Artillery shells are not accurate weapons, and reducing the safety zone will endanger many more civilians. A senior military officer said of this decision and the killing of Hadil Ghiben, "There is no guarantee that additional civilians will not be hurt in future attacks.
International humanitarian law prohibits attacks from within or near densely populated areas, and prohibits using civilians as "human shields." These prohibitions are intended to prevent harm to civilians as a result of counterattacks. Palestinian organizations that attack Israel from within or near such residential areas are violating these prohibitions and demonstrating indifference to the wellbeing of civilians."
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"At the same time, according to international humanitarian law, this violation does not grant permission to the military to treat areas from which shelling originates as a legitimate military target. The Basic Rule of the laws of war obligates parties to a conflict to direct their operations only at military objectives, to take all feasible precautions to avoid harming civilians, and to avoid actions that are likely to cause "incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof" which is "excessive in relation to the concrete and direct military advantage anticipated". Therefore, the official response of the military that "responsibility rests first of all with the civilians themselves" is both appalling and without any legal foundation."
http://www.btselem.org/English/Firearms/20060411_Shell_Kills_Gaza_Girl.asp