HRW’s Garlasco’s latest article: inaccurate and biased
March 24, 2009
Dear Mr. Garlasco,
Thank you for sending us your latest article. Indeed, we did find it inaccurate and biased. Moreover, I didn’t really understand the argument you were making in the piece. Are you saying that drones are illegal, like poison gas, or that they should be illegal, as HRW apparently argues regarding land mines, cluster bombs, etc.? You also claim that “drones give Israel the ability to carry out targeted attacks without having to risk ‘boots on the ground’.” Israel has shown time and time again it is willing to risk its troops in ground operations, including in the Jenin operation (2002), and now in Gaza. Are you claiming it is illegal for an army to protect its troops?
We noticed that you have you have used a number of legal terms in your article — do you have a legal background and education? If so, on what basis are you claiming the IDF was disproportionately or indiscriminately targeting civilians on rooftops with drones? If you are at all familiar with IHL, you are aware that there are a number of factors involved, such as whether there was enemy fire emanating from the building at the time; whether leaders planning attacks or weapons were located in the building; the nature of the IDF intent when conducting the attack; and many other factors. Are you in possession of such information? Did you contact the IDF regarding these incidents? Unfortunately, this vital information is missing in your essay. Is it possible to receive the information in your possession regarding these claims?
You also make several strange claims regarding what you call the “indirect occupation” of Gaza. This is not a legal term that I have ever encountered. Is it your intent to create a new legal term? What is your basis for saying that Israel controls all of the borders of Gaza, and what role does Egypt play?
In contrast, you must have very good sources for some of your claims such as those in the first paragraph: “No Israeli ground forces or Palestinian fighters were nearby when the drone struck, literally out of the blue.” Again, how do you know? Did you review the drone footage, or other IDF videos? If you are basing this allegation solely on “eyewitness testimony,” experience would advise caution. That same paragraph quotes 13-year old Muhammad Allaw, but according to the Palestinian NGO Al Mezan, Muhammad was killed during the war. If you are able to get testimony from the dead, your sources are indeed impressive.
Regarding the so-called “civilian” police officers killed in the opening attack, many Hamas websites have linked these men to the Qassam brigades. In discussions I have had with Red Cross officials, they have indicated the same and offered the assessment that these “police officers” were legitimate military targets. If you have information proving that the officers killed had no links to the Qassam brigades, or were not active combat members of other military groups, such as Islamic Jihad, this would be worth knowing and we ask that you provide us with such information.
Regards,
Anne Herzberg
Legal Advisor
NGO Monitor
