1996 shelling of Qana

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Qana massacre / Shelling of Qana
Location UNIFIL compound, Qana, Lebanon
Date April 18, 1996
Attack type 155 mm gun shelling
Death(s) 106 Lebanese civilians
Injured 116 Lebanese civilians and 4 Fijian UN workers
Perpetrator(s) Israeli military

The Qana massacre, also occasionally referred to as the shelling of Qana, ,[1][2] took place on April 18, 1996 in Qana, a village in Southern Lebanon, when Israeli artillery bombed the area of a UN compound near Qana. Of the 800 Lebanese civilians who had taken refuge in the compound to escape the fighting, 106 were killed and around 116 injured. Four Fijian United Nations Interim Force in Lebanon soldiers were also seriously injured.[3][4]

The incident took place amid heavy fighting between the Israeli Defense Forces and Hezbollah during "Operation Grapes of Wrath". A United Nations military investigation later determined it was unlikely that Israeli shelling of the U.N. compound was the result of technical or procedural errors.[5]

Contents

[edit] Background

Memorial to the victims

In April 1996, a cease-fire that had ended the July 1993 fighting between Hezbollah and Israel broke down. During the five weeks of fighting between March 4 and April 10, seven Israeli soldiers, three Lebanese civilians and at least one Hezbollah fighter were killed. The tally of injured was sixteen Israeli soldiers, seven Lebanese civilians, and six Israeli civilians.[6] On April 9, in response to the cease fire violations, Maj.-Gen. Amiram Levine declared: "The residents in south Lebanon who are under the responsibility of Hezbollah will be hit harder, and the Hezbollah will be hit harder, and we will find the way to act correctly and quickly."[7] On April 11, after initial strikes against Hezbollah positions, Israel, through SLA radio stations, warned residents in forty-four towns and villages in southern Lebanon to evacuate within twenty four hours.[8]

[edit] Israeli reconnaissance

A video recording made by a UNIFIL soldier of Force Mobile Reserve (FMR) showed an unmanned drone and two helicopters in the vicinity at the time of the shelling. Uri Dromi, an Israeli government spokesman, confirmed there was a drone in the area, but stated that it did not detect civilians in the compound. The IDF initially and repeatedly claimed that no drone was flying in the area. The truth only emerged when a video filmed by a Norwegian UN soldier of FMR at a nearby hill clearly showed the presence of a drone. The Israelis were aware of their actions at a location which had been UN headquarters for so many years.[9]

[edit] Operation Grapes of Wrath

Within forty-eight hours, Israel launched the military campaign known as Operation Grapes of Wrath. On April 11, Israel bombarded Hezbollah positions in southern Lebanon and Beirut, first with artillery and later laser guided missiles. On April 13, Israeli warships initiated a blockade against Beirut, Sidon and Tyre, Lebanon's main ports of entry. Meanwhile, Hezbollah continuously bombarded northern Israel with Katyusha rockets. Israel continued to bomb Hezbollah installations.

[edit] Shelling of UN compound

The conflict intensified and thousands of Lebanese civilians sought to flee the area and find safe refuge from the fighting. By 14 April, 745 people were occupying the United Nations compound at Qana. More than 800 were there on April 18.[5]

Beginning with the second day of combat Israel had been retaliating within 10 minutes directly at any source of fire discovered by reconnaissance. This tactic was widely discussed in Israeli media, and well known to the Hezbollah fighters and Lebanese citizens.

According to a U.N. report, on April 18, Hezbollah fighters fired two or three Katyusha rockets and between five and eight mortars at Israeli soldiers near the Red Line (the northern limits of the "security zone") from positions about 220 meters southwest and 350 meters southeast of the United Nations compound. 15 minutes later an Israeli unit responded by shelling the area with M-109A2 155 mm guns.[5] According to the Israeli military, thirty-eight shells were fired, two-thirds of them equipped with proximity fuses, an anti-personnel mechanism that causes the weapon to explode above the ground.

As a result of the shelling, 106 civilians died, with more wounded.

[edit] Investigations of, and responses to the attack

[edit] Response of Israel

UN Troops assemble victims of the shelling (This image is from a raw and an edited video supplied by Al Manar TV in Beirut, April, 1996).

Israel immediately expressed regret for the loss of innocent lives, saying that the Hezbollah position and not the UN compound was the intended target of the shelling, and that the compound was hit "due to incorrect targeting based on erroneous data." Army Deputy Chief of Staff, Matan Vilnai stated that the shells hit the base not because they were off target, but because Israeli gunners used outdated maps of the area. He also stated that the gunners miscalculated the firing range of the shells.

Prime Minister Shimon Peres said, "We did not know that several hundred people were concentrated in that camp. It came to us as a bitter surprise."[10] Following the attack, Lt.-Gen. Amnon Shahak, Israel's chief of staff, at a press conference in Tel Aviv on April 18 defended the shelling: "I don't see any mistake in judgment… We fought Hezbollah there [in Qana], and when they fire on us, we will fire at them to defend ourselves… I don't know any other rules of the game, either for the army or for civilians…"[11].

Both the U.S. and Israel accused Hezbollah of "shielding", the use of civilians as a cover for military activities, which is a breach of the laws of war. The U.S. State Department spokesperson, Nicolas Burns stated, "Hezbollah [is] using civilians as cover. That's a despicable thing to do, an evil thing."[12] and Prime Minister Shimon Peres cited the use of human shielding to blame Hezbollah. On April 18 he said, "They used them as a shield, they used the UN as a shield — the UN admitted it."[13] Rabbi Yehuda Amital, a member of Peres' cabinet, called the Qana killings a desecration of God's name (chilul hashem).[14]

[edit] Investigation by UN

UNIFIL peacekeepers remove the remains of artillery attack victims.

The UN appointed military advisor Major-General Franklin van Kappen of the Netherlands to investigate the incident. His conclusions were:

(a) The distribution of impacts at Qana shows two distinct concentrations, whose mean points of impact are about 140 metres apart. If the guns were converged, as stated by the Israeli forces, there should have been only one main point of impact.

(b) The pattern of impacts is inconsistent with a normal overshooting of the declared target (the mortar site) by a few rounds, as suggested by the Israeli forces.

(c) During the shelling, there was a perceptible shift in the weight of fire from the mortar site to the United Nations compound.

(d) The distribution of point impact detonations and air bursts makes it improbable that impact fuses and proximity fuses were employed in random order, as stated by the Israeli forces.

(e) There were no impacts in the second target area which the Israeli forces claim to have shelled.

(f) Contrary to repeated denials, two Israeli helicopters and a remotely piloted vehicle were present in the Qana area at the time of the shelling.

While the possibility cannot be ruled out completely, it is unlikely that the shelling of the United Nations compound was the result of gross technical and/or procedural errors.[15]

[edit] Israel's response to the report

The government of Israel issued the following response to the UN report:

"1. Israel categorically rejects the findings of the UN report concerning the incident at Kana.

2. Israel profoundly regrets the loss of human life at Kana and has thoroughly investigated this tragic incident which was caused, first and foremost, by the firing of Katyusha rockets and mortars by Hizbullah from a location in close proximity to the UN position.

We reiterate that the IDF had no intention whatsoever of firing on the UN position at Kana. Our investigation has shown that the UN position was hit by artillery fire due to incorrect targeting based on erroneous data.

The IAF drone shown on videotape did not reach the area until after the UN position was hit and was not an operational component in the targeting of Israeli artillery fire in the area.

3. It is difficult to understand and highly regrettable that this report does not condemn Hizbullah for the cynical use of civilians as a shield for its gunmen, nor does it continue any condemnation of Hizbullah's use of areas contiguous or in close proximity to UN positions for launching attacks upon Israel.

4. This inaccurate and one sided report is misleading, runs contrary to the stated desire of the UN to play a more active role in the Middle East peace process and undermines its ability to do so.

Israel hopes that the understanding reached between the various sides will engender the calm and stability necessary to engage the parties concerned in peace negotiations which are the only way to promote peace and security between Israel and Lebanon."

[edit] Investigation by Amnesty International

Amnesty International conducted an on-site investigation of the incident in collaboration with military experts, using interviews with UNIFIL staff and civilians in the compound, and posing questions to the IDF, who did not reply. Amnesty concluded, "the IDF intentionally attacked the UN compound, although the motives for doing so remain unclear. The IDF have failed to substantiate their claim that the attack was a mistake. Even if they were to do so they would still bear responsibility for killing so many civilians by taking the risk to launch an attack so close to the UN compound. The attack was intentional and is condemned" [16]

Amnesty went on to say that, "Amnesty International cannot establish with certainty whether or not the relevant IDF personnel knew that over 800 Lebanese civilians were sheltering in the UN compound at the time it was attacked. However, even if the IDF did not have specific information regarding civilians sheltering there, the general information it did possess concerning civilians in UN compounds—in addition to Israels recognition that UN positions as such are not legitimate targets—should have been sufficient to prevent such an attack. The fact that the attack proceeded can only indicate a callous disregard for the protection of civilian lives and therefore a clear breach of the laws of wars prohibitions on directly or indiscriminately targeting civilians."

"It is also clear, based on the available information, that Hizbullahcombatants fired a mortar from a position within 200 metres of the periphery of the UN compound. All indications are that they were firing at an IDF patrol who had infiltrated north of the security zone and had apparently been laying mines. The intention of the Hizbullahcombatants in choosing that location for the mortar is unclear; it might have been to shield themselves against an IDF counter-attack in the belief that the UN compound would be too close for the IDF to respond. Even if this was not the intention of the Hizbullahcombatants, by taking up positions where they did they clearly were reckless as to the consequences this might have for the civilians in the immediate area. In either case, this is a clear breach of the laws of wars prohibitions on using the civilian population as a shield. However,Hizbullahsaction in no way justifies the IDF attack on the compound."

[edit] View of Human Rights Watch

Human Rights Watch concurred, "The decision of those who planned the attack to choose a mix of high-explosive artillery shells that included deadly anti-personnel shells designed to maximize injuries on the ground — and the sustained firing of such shells, without warning, in close proximity to a large concentration of civilians — violated a key principle of international humanitarian law. We have declared this a massacre that was intentional using very highly accurate missiles and explosives. Human rights watch condemns this masscre" [17]

[edit] Response by United Nations General Assembly

In a 66 to 2 vote (59 abstentions, United States and Israel voting against) [18] the United Nations General Assembly decided that the $1.7million cost of repairs to the UNIFIL headquarters should be paid for by Israel.[19]

Votes to reaffirm the resolution that Israel should pay the costs of damage appeared before the General Assembly every year until 2003 with the same pattern—one third for, one third abstaining, two (United States and Israel) against.[20] The United States claims that financial resolutions, such as this, had to be adopted by consensus to apply,[21] and Israel arguing that the battalion headquarter should be relocated elsewhere, and they were bound by no legal or moral obligation to assume responsibility for damage caused by their retaliation against terrorists.[22]

[edit] Lawsuit by relatives of survivors

On December 15, 2005, relatives of those killed filed suit in a Washington, DC, court against former IDF Chief of Staff Moshe Yaalon for his role in the deaths. The lawsuit was prepared by the Center for Constitutional Rights. Yaalon, who is a visiting scholar in Washington, reportedly refused the papers serving the lawsuit.[23][24] Among the plaintiffs named in the lawsuit are Saadallah Ali Belhas and his son Ali Belhas, who lost 31 family members in the raid, including their respective wives and 12 children.

[edit] Response by Al-Qaeda associated individuals

The deaths of civilians at Qana have been cited by Al-Qaeda as motivations for its actions and policies towards the United States of America.

[edit] Osama bin Laden

In his 23 August 1996 declaration of jihad against the United States, Osama bin Laden wrote; "Your blood has been spilt in Palestine and Iraq, and the horrific image of the massacre in Qana in Lebanon are still fresh in people’s minds." In November 1996, he told the Australian journal Nida'ul Islam about Qana again, saying that when the United States government accuses terrorists of killing innocents it is "accusing others of their own afflictions in order to fool the masses."

Speaking to Tayssir Alouni of Al Jazeera on 20 October 2001, bin Laden cited Qana again even as he declared, "if killing those that kill our sons is terrorism, then let history witness that we are terrorists," and referring to a "balance of terror" between Muslims and the United States.[25]

[edit] Mohamed Atta

Muhammad Atta, who later is alleged to be the mastermind of the September 11, 2001 attacks on the World Trade Center and the Pentagon wrote his martyrdom will on April 18, 1996, the day of the Qana bombings which Muhammad Atta watched from this dorm room in Germany.[26] The connection between the Qana bombings and Muhammad Atta's motivation towards martyrdom has been described by David W. Lesch[26] and Robert Fisk.

[edit] See also

[edit] External links

[edit] References

  1. ^ "ISRAEL/LEBANON:"OPERATION GRAPES OF WRATH":The Civilian Victims". Human Rights Watch. September 1997. http://hrw.org/reports/1997/isrleb/Isrleb.htm. Retrieved 2006-07-31. 
  2. ^ "History of Israel's role in Lebanon". BBC News Online. 1998-04-01. http://news.bbc.co.uk/2/hi/middle_east/72493.stm. Retrieved 2006-07-13. 
  3. ^ "Letter Dated 7 May 1996 from the Secretary-General Addressed to the President of the Security Council". United Nations Security Council. 1996-05-07. http://domino.un.org/UNISPAL.NSF/0/62d5aa740c14293b85256324005179be?OpenDocument. Retrieved 2007-07-05. 
  4. ^ "QUESTION OF THE VIOLATION OF HUMAN RIGHTS IN THE OCCUPIED ARAB TERRITORIES, INCLUDING PALESTINE". United Nations. United Nations Commission on Human Rights. 2004-03-11. http://domino.un.org/UNISPAL.nsf/2ee9468747556b2d85256cf60060d2a6/c2a9efb804d4155685256e5a006d2c41!OpenDocument. Retrieved 2006-07-13. 
  5. ^ a b c Franklin Van Kappen, Report ... of the Secretary-General's Military Adviser concerning the shelling of the United Nations compound at Qana on 18 April 1996, 1 May 1996.
  6. ^ Lebanon: Main Events in Recent Hizbollah-Israel Violence, Reuters, April 11, 1996.
  7. ^ Shlomi Afriat, Israel vows retaliation for Lebanon rocket attacks, Reuters, April 9, 1996.
  8. ^ "Israel Steps Up Lebanese Attacks," Washington Post, April 13, 1996, p. A23
  9. ^ Robert Fisk- Pity the Nation, Lebanon at War
  10. ^ Serge Schmemann, Voicing Regret, Israeli Leader Offers a Cease-Fire, The New York Times, April 19, 1996.
  11. ^ Israeli Army Chief Says UN Forewarned of Shelling, Reuters, April 18, 1996.
  12. ^ Steven Erlanger, Christopher Sees Syria Chief in Bid on Lebanon Truce, The New York Times, April 21, 1996, quoting State Department spokesman Nicholas Burns.
  13. ^ ICRC Condemns Shelling of Civilians in Southern Lebanon, Communication to the press no. 96/14, April 19, 1996.
  14. ^ The Jewish Chronicle, 3 May 1996, p. 1 (quoted in Prior, M. (1999). Zionism and the State of Israel: A Moral Inquiry. London: Routledge, ISBN 0-415-20462-3, p. 42)
  15. ^ United Nations Security Council Document 337 S-1996-337 page 6 on 7 May 1996 (retrieved 2007-11-01)
  16. ^ "Unlawful Killings During Operation "Grapes of Wrath"". Amnesty International. July 1996. http://web.amnesty.org/library/Index/engMDE150421996. Retrieved 2006-07-13. 
  17. ^ "Operation "Grapes of Wrath": The Civilian Victims". Human Rights Watch. September 1997. http://hrw.org/reports/1997/isrleb/Isrleb.htm. Retrieved 2006-07-20. 
  18. ^ United Nations General Assembly Verbotim Report meeting 101 session 51 page 9 on 13 June 1997 at 10:00 (retrieved 2007-11-01)
  19. ^ United Nations General Assembly Resolution 233 session 51 page 2 on 13 June 1997 (retrieved 2007-11-01)
  20. ^ United Nations General Assembly Verbotim Report meeting 90 session 57 page 9, The Acting President on 18 June 2003 at 15:00 (retrieved 2007-11-01)
  21. ^ United Nations General Assembly Verbotim Report meeting 86 session 55 page 28, Mr. Smith United States on 19 December 2000 at 10:00 (retrieved 2007-11-01)
  22. ^ United Nations General Assembly Verbotim Report meeting 101 session 51 page 8, Mr. Peleg Israel on 13 June 1997 at 10:00 (retrieved 2007-11-01)
  23. ^ Guttman, Nathan (2005-12-15). "Lawsuit filed against Ya'alon in US court". Jerusalem Post. http://www.jpost.com/servlet/Satellite?cid=1134309589087&pagename=JPost%2FJPArticle%2FShowFull. Retrieved 2006-07-13. 
  24. ^ "Demand for Jury Trial" (PDF). CCR. 2004-11-04. http://www.ccr-ny.org/v2/legal/human_rights/docs/Complaint_Qana.pdf. Retrieved 2006-07-13. 
  25. ^ Bruce Lawrence, ed., Messages to the World: The Statements of Osama bin Laden, Verso, 2005.
  26. ^ a b David W. Lesch, "The Middle East and the United States", pg 523