Israeli army urged to probe Gaza blast

Palestinians look on as they observe the damage at the house of the Abu Meatak family hit by an Israeli shell that killed a mother and her four children, in Beit Lahiya, northern Gaza Strip, Tuesday, April 29, 2008. Prime Minister Ehud Olmert blamed Gaza's Hamas rulers Tuesday for the deaths of a Palestinian mother and four of her children during a skirmish between Israeli troops and Gaza gunmen. (AP Photo/Hatem Moussa)

JERUSALEM—An Israeli human rights group called Wednesday for a criminal probe into the deaths of a Gaza mother and her four preschool children, saying Israel appears to have violated international law by firing a missile at militants close to the family's home, despite high risk of harming civilians.

The military, which is conducting its own investigation, declined comment on the findings by the B'tselem human rights group. In an initial response, the army had said the family was killed by militants' explosives, ignited by the missile strike.

Defense officials said the military had ordered an extension of the investigation and no findings would be released until the probe was completed.

The killing of Miyasar Abu Meatak and her four children, ages 15 months to 6 years, revived the debate over rules of engagement in densely populated areas.

Israeli Prime Minister Ehud Olmert and Defense Minister Ehud Barak have blamed Hamas for the deaths, accusing it of allowing militants to operate within residential areas. Olmert said Hamas is "turning the civilian population in Gaza into an indivisible part of its war."

However, B'tselem said firing a missile close to a home would violate international law.

"In these circumstances, it's highly likely civilians would be at home and be hit by the blast," said Sarit Michaeli, a spokeswoman for B'tselem. "Even if you attack a legitimate military target, the anticipated damage has to be in proportion to the anticipated gain."

B'tselem's call for a criminal probe came as Palestinian militant groups agreed in principle at a meeting in Egypt to a cease-fire with Israel. The 12 Palestinian groups included Islamic Jihad and the Popular Resistance Committees, as well as secular leftist groups, but not Hamas. These factions have carried out some attacks on Israel in recent months, but to a lesser degree than Hamas.

The Abu Meataks were killed Monday morning as they prepared to sit down for breakfast in the walled courtyard of their home in the northern Gaza town of Beit Hanoun.

B'tselem said its investigation showed that four militants were in the area at the time, after having fired at Israeli forces earlier that morning.

An Israeli missile struck and wounded three of the armed men and a local resident, B'tselem said. Citing witness testimony, B'tselem said a second missile then struck the remaining militant, who stood about 15 yards away, close to the gate of the Abu Meatak courtyard.

B'tselem said it believes the second missile killed that militant and the Abu Meataks. Two older children were critically wounded.

B'tselem says testimony it collected raises doubt about the military's claim that the family was killed in a secondary explosion of weapons carried by the militants. It noted that a launcher and two rocket-propelled grenades were found unexploded at the scene.

Myasar Abu Meatak, the dead militant and one of the wounded militants all had the same wounds -- shrapnel hits all over the body and shredding of the flesh below the knees, said Diaa Halaby, spokesman for Al Awda Hospital. Such wounds are typical in missile strikes, Halaby said.

The Israeli military has appointed a colonel to investigate the incident.

In a letter to the army's chief prosecutor, B'tselem said an internal investigation is insufficient and called for a criminal probe that also considers the responsibility of commanders. It urged the military to release all material documenting the incident, including photos taken by unmanned aircraft.

Robbie Sabel, a lecturer in international law at Hebrew University, said the case was not clear cut.

"The rule is that one must try to prevent disproportionate civilian casualties when attacking a military target," he said. "The question in each case is what is disproportionate, and there's no mathematical answer. You have to value the importance of both the military target and the number of civilian casualties."

Later Wednesday, an Israeli aircraft attacked a metal workshop in southern Gaza, killing one person and wounding three, Palestinian officials said. Metal workshops are often used by militants to make rockets.

In the Jordanian capital of Amman, Jordan's King Abdullah met with Olmert and urged him to do more to improve the living conditions of Palestinians, the palace said in a statement.

A group of Israeli ex-generals and Palestinian government officials urged Israel on Wednesday to remove 10 major West Bank checkpoints to give a badly needed boost to the Palestinian economy. The group said Israel could do so without compromising security.

Israel says it's willing, in principle, to ease restrictions, but that Palestinian militants still pose a threat. A hasty removal of checkpoints could lead to more attacks that would harm peace efforts, it says.

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Karin Laub contributed to this report from Ramallah, West Bank.

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