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White Flag Deaths Killings of Palestinian Civilians during Operation Cast Lead

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“I want to understand whether I did something wrong to Israel to be 

punished like this.” 

—Khalid ‘Abd Rabbo, whose daughters, aged two and seven, were shot and 

killed while they waved white flags on January 7.

1



This report documents seven incidents where Israeli soldiers fired on civilians with small 

arms during Israel’s major military operations in Gaza in December 2008 and January 2009.  

These attacks killed 11 civilians—including five women and four children—and wounded at 

least another eight. 

 

These casualties comprise a small fraction of the Palestinian civilians killed and wounded 

during what Israel called Operation Cast Lead, but they stand out because of the 

circumstances of the attacks.  In each case, the victims were standing, walking, or in a 

slowly moving vehicle with other unarmed civilians who were trying to convey their non-

combatant status by waving a white flag.  All available evidence indicates that Israeli forces 

had control of the areas in question, no fighting was taking place there at the time, and 

Palestinian fighters were not hiding among the civilians who were shot.  Whether waving a 

white flag or not, these people were civilians not taking an active part in hostilities, and 

therefore should not have been attacked, according to international humanitarian  law (the 

laws of war). 

 

Human Rights Watch conducted extensive investigations into each of these incidents by 

visiting the attack sites, examining ballistic evidence, collecting medical records, and 

interviewing multiple witnesses—at least three people separately for each attack. In one 

case, forensic pathologists examined a survivor.  The Israel Defense Forces (IDF) declined 

repeated Human Rights Watch requests for a meeting to discuss these cases and did not 

respond to questions about them submitted in writing (see Appendix). 

 

In each of these incidents, the evidence strongly indicates that, at the least, Israeli soldiers 

failed to take feasible precautions to distinguish between civilians and combatants before 

carrying out the attack.  At worst, the soldiers deliberately fired on persons known to be 

civilians. 

                                                            

1

 Human Rights Watch interview with Khalid ‘Abd Rabbo, Jabalya, January 25, 2009.   

            3           Human Rights Watch | August 2009 

Under the laws of war, parties to an armed conflict must take all feasible measures to 

distinguish between civilians and combatants, and they may target only combatants.  

Civilians lose their protection from attack only during the time they directly participate in 

hostilities.  Deliberate attacks on civilians are violations of the laws of war, and individuals 

who commit or order such attacks are responsible for war crimes. 

 

The laws of war also oblige states to conduct impartial investigations into credible 

allegations of serious laws-of-war violations, and to hold accountable anyone found 

responsible for war crimes, regardless of rank.  To date, however, the Israeli government and 

IDF have failed to conduct serious investigations into many of the credible allegations of 

laws-of-war violations by Israeli forces during Operation Cast Lead.  When Israeli soldiers 

who fought in the operation spoke publicly about attacks on civilians and other violations, 

the IDF dismissed their claims as hearsay and exaggerations, and criticized the soldiers for 

speaking out. 

 

Israel has repeatedly blamed Hamas for the deaths of Gazan civilians during the operation 

because, Israel says, Hamas fought from populated areas and used civilians as “human 

shields”—that is, deliberately used civilians to deter attacks against Palestinian forces.  

 

In the killings documented in this report, Human Rights Watch found no evidence that the 

civilian victims were used by Palestinian fighters as human shields or were shot in the 

crossfire between opposing forces.  In each of the incidents, Israeli forces appeared in 

control, and Palestinian fighters had left the area in question.  The civilian victims were in 

plain view and posed no apparent security threat.   

 

In each of the seven cases, at least one person was waving an improvised white flag made 

from cloth or clothes, which international humanitarian law recognizes as a sign of truce or 

surrender.  Civilians are immune from attack with or without a white flag; in these cases they 

undoubtedly waved the flags to communicate that they were not engaged in hostilities and 

posed no threat, reaffirming their civilian status. 

 

Two Israeli commanders have alleged that Palestinian fighters used white flags to shield 

themselves from attack, but without providing details to allow an investigation of the claims, 

such as date, time and place.  One colonel told the media that his soldiers had seen Hamas 

fighters move between houses while holding white flags; a second colonel said his soldiers 

had seen a Hamas fighter hide behind a woman with a white flag and a group of children. 

The IDF turned down requests from Human Rights Watch to discuss these allegations, as 

well as our broader findings. 

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