Israel: Investigate Gaza Beach Killings
Artillery Strike Probably Killed Palestinian Family
(Gaza City) – 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, saatamped “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 2005.
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.