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Destruction of Gaza's Holy Sites Draws Criticism Amidst Conflict

A mosque destroyed in the Israeli ground offensive on the Gaza Strip is seen in Khan Younis, Saturday, Jan. 27, 2024. (AP Photo/Sam McNeil)

In the ongoing conflict between Israel and Hamas in the Gaza Strip, the destruction of holy sites by the Israeli military has sparked criticism from Palestinians and rights groups, who argue that it is an assault on cultural heritage. Cemeteries and religious sites are granted special protection under international law, and their destruction could potentially be considered a war crime.

One such site that has fallen victim to the military's search for Hamas tunnels is the Islamic cemetery in Khan Younis, a neighborhood in southern Gaza. Foreign journalists were shown the aftermath of the destruction, witnessing the demolition of graves and a mosque. In place of the cemetery, there now sits a large pit, which the army claims was hiding an attack tunnel used by Hamas.

Israel maintains that Hamas uses these sites as military cover, thereby stripping them of their protected status. The Israeli military argues that in order to achieve its goal of neutralizing Hamas's underground tunnels - which are reportedly used for weapon transportation, command centers, and even hostage holding - collateral damage to sacred spaces is unavoidable.

Israeli Brig. Gen. Dan Goldfus, who led journalists around the site, asserted the military's position. He revealed a tunnel shaft underneath the mosque and cemetery and guided the journalists through a network of interconnected rooms that the army alleges were used by Hamas militants. The rooms reportedly included a command and control center, living quarters for senior members, and an office for a Hamas commander.

The destruction of the cemetery, identified as the Shuhadaa Bani Suheila graveyard through satellite analysis, is just one example of the Israeli military campaign targeting known Hamas strongholds. Since the conflict began, Israel has accused Hamas of using civilian sites in Gaza for its military operations. As a result, numerous mosques and cemeteries have been damaged or destroyed.

According to a report by a U.N. monitor, 161 mosques have been damaged during the course of the military operations, while there is no specific record of the number of damaged cemeteries. UNESCO has called for both Hamas and Israel to refrain from attacking culturally significant sites in the region.

Under the Rome Statute, which established the International Criminal Court, cemeteries and mosques are categorized as 'civilian property' and receive special protection. The U.S. Commission on International Religious Freedom states that the destruction of these sites can potentially be classified as a war crime.

Israel counters this argument by asserting that the sites lose their protected status when they are used for military purposes. The Israeli military believes that the operational advantage gained from targeting these sites outweighs the potential loss of civilian life and infrastructure.

Brig. Gen. Goldfus explained that the destruction of the mosque and the excavation of the cemetery were necessary steps in locating the numerous tunnel shafts in the area. However, he acknowledged that operating in this environment poses challenges as it is difficult to avoid causing harm to sacred sites and human remains. The goal, he emphasized, is to minimize the impact on these sites as much as possible while countering the threats posed by the tunnels.

The conflict between Israel and Hamas continues to escalate, leaving a devastating impact on the people of Gaza. As the destruction of cultural heritage sites proceeds, there are growing calls for accountability and adherence to international laws protecting these sacred places. The search for a resolution to the conflict remains elusive, as both sides grapple with immense challenges and conflicting priorities.

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