guardian.co.uk, Tuesday 15 September 2009.

Photo: Wissam Nassar. White phosphorus over the Gaza Strip.

Israel’s offensive against Gaza last January was “a deliberately disproportionate attack designed to punish, humiliate and terrorise a civilian population”, for which some Israelis should face “individual criminal responsibility”, a UN investigation has found.

The inquiry, led by the former South African judge Richard Goldstone, concluded that both the Israeli military and Hamas committed war crimes and possible crimes against humanity during the three-week conflict, but singled out Israel and its policy towards the Palestinians of Gaza for the most serious condemnation. The inquiry rejected Israel’s argument that the war was a response to Palestinian rocket fire and therefore an act of self-defence.

In a 575-page report (pdf), released tonight, the inquiry said Israel should be required to investigate the allegations raised and if it fails to do so the case should be passed to the prosecutor of the international criminal court. It accused Israel of “grave breaches” of the fourth Geneva convention and of a war crime for using Palestinians as human shields during the fighting.

Israel refused to co-operate with the inquiry, arguing that the UN human rights council, which commissioned the study, is biased against Israel. “Both the mandate of the mission and the resolution establishing it prejudged the outcome of any investigation, gave legitimacy to the Hamas terrorist organisation and disregarded the deliberate Hamas strategy of using Palestinian civilians as cover for launching terrorist attacks,” the Israeli foreign ministry said.

But Goldstone, who is Jewish and has strong links with Israel, defended the work of the four-person team. “There should be no impunity for international crimes that are committed,” he said. “It’s very important that justice should be done.”

He rejected any suggestion of bias: “To accuse me of being anti-Israel is ridiculous.” He said it was in the interests of both Israel and the Palestinians for the truth to be established.

Goldstone’s team looked in detail at 36 incidents during the war. It studied the deaths of 22 members of the Samouni family who, following instructions from Israeli soldiers, were sheltering in a house in Zeitoun, east of Gaza City. The house was then hit by Israeli fire. The killings were a grave breach of the fourth Geneva convention, the inquiry said.

It found seven incidents in which civilians were shot while leaving their homes, waving white flags and sometimes following instructions from Israeli soldiers.

A “direct and intentional attack” on the al-Quds hospital, in the south of Gaza City, which left the building seriously damaged and forced the evacuation of patients, may amount to a war crime.

The report was critical of Palestinian armed groups, saying their rocket fire did not distinguish between civilian and military targets in Israel, caused terror among civilians and amounted to war crimes and possible crimes against humanity.

It said Gilad Shalit, the Israeli soldier captured near Gaza more than three years ago, should be released.