This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.nytimes.com/2014/09/11/world/middleeast/gaza-strip-israel-criminal-investigation.html

The article has changed 5 times. There is an RSS feed of changes available.

Version 2 Version 3
Israel Investigating Possible Gaza War Misconduct Israel, Facing Criticism, to Investigate Possible Military Misconduct in Gaza
(about 5 hours later)
TEL AVIV — Israel’s Military Advocate General Corps has ordered criminal investigations into five incidents of possible misconduct on the part of Israeli forces in the 50-day Gaza war, a senior Israeli military official said on Wednesday. TEL AVIV — Israel on Wednesday announced it had begun criminal investigations into five instances of possible military misconduct in the 50-day Gaza war, an implicit acknowledgment of sensitivity to the widespread criticism, even among allies like the United States, that Israeli forces had used excessive firepower in a number of highly publicized assaults in the Palestinian territory.
Word of the investigations, coming two weeks after a cease-fire in the conflict, appeared to be the beginning of an Israeli effort to pre-empt the impact of international inquiries into allegations of possible Israeli war crimes in Gaza. The announcement, conveyed at a briefing by the Israeli military, came only two weeks after a cease-fire in the conflict, an unusually speedy response. But critics, including human rights advocates in Israel, said it remains to be seen whether the investigations would yield significant criminal indictments and punishments.
The investigations also seemed bound to provoke criticism from rights groups, including some in Israel, who question how the military can conduct a credible criminal inquiry into its own actions. Some said the timing of the inquiries appeared to be an attempt by the Israeli government to pre-empt the impact of international investigations into allegations of possible Israeli war crimes committed in Gaza. They also pointed out that the cases, opened by Israel’s Military Advocate General Corps, include obvious episodes that have already drawn condemnation.
The most prominent of the five cases have already drawn international censure: an Israeli strike that resulted in the death of 16 civilians sheltering at a United Nations school in Beit Hanoun and the killing of four boys on a Gaza beach. One prominent Israeli human rights group, B’Tselem, refused to participate in the investigations and said history shows the Israeli military cannot possibly conduct a credible prosecution of itself.
The three other cases involve a Palestinian teenager, Ahmed Abu Raida, who said he was mistreated while in detention and used for military purposes, with the decision to investigate largely based on the youth’s allegations as reported in The New York Times, according to the military official; a Palestinian woman who was shot to death even though she had coordinated her movements in advance with Israeli forces; and a soldier who is alleged to have stolen money from a private home while operating in Gaza. “Based on past experience, we can only regretfully say that Israeli law enforcement authorities are unable and unwilling to investigate allegations of breaches of international humanitarian law committed during fighting in Gaza,” the organization said in a statement. “Should the existing whitewashing mechanism be replaced with an independent investigative body, we would gladly cooperate with it.”
Of 44 incidents that were initially referred to army fact-finding teams for preliminary examination, seven have been closed, including one involving the death of eight members of a family when their home was struck on July 8, the first day of the Israeli air campaign, and others are pending. Even so, Israel’s inquiries into possible criminal misconduct by its own soldiers stood in sharp contrast to what has happened in Gaza, where Hamas, the dominant militant force, has no such judicial process and has been widely criticized for summarily executing suspected Palestinian collaborators with Israel. The most prominent of the five military cases have already been the subject of international censure: an Israeli strike that resulted in the death of 16 civilians sheltering at a United Nations school in Beit Hanoun and the killing of four boys on a Gaza beach.
A further 55 incidents are due to be referred to the fact-finding teams next week, according to the senior Israeli official, who briefed reporters at military headquarters here and spoke on the condition of anonymity under the Israeli military protocol. The three other cases, as conveyed by an Israeli military official giving the briefing, involve a Palestinian teenager, Ahmed Abu Raida, who said he was mistreated while in detention and forced to guide Israeli soldiers, with the decision to investigate largely based on the youth’s allegations as reported in The New York Times; a Palestinian woman who was shot to death after she had informed Israeli forces of her movements and received their consent; and a soldier who is alleged to have stolen money from a private home.
The swiftness of the process of self-investigation by the military and the publicity about it appeared intended to pre-empt an investigation commissioned by the United Nations Human Rights Council into allegations of possible war crimes. The Israeli government has said it will not cooperate with the United Nations mission, asserting that the mission’s mandate is biased against Israel. Of 44 cases initially referred to army fact-finding teams for preliminary examination, seven have been closed, including one involving the death of eight members of a family when their home was struck on July 8, the first day of the Israeli air campaign, and others are pending.
A further 55 episodes are to be referred to the fact-finding teams next week, according to a senior Israeli official, who briefed reporters at military headquarters here and spoke on the condition of anonymity under the Israeli military protocol.
The swiftness of the self-investigation by the military and the publicity about it appeared partly intended to get ahead of an investigation commissioned by the United Nations Human Rights Council into allegations of possible war crimes. The Israeli government has said it will not cooperate with the United Nations mission, asserting that its mandate is biased against Israel.
The investigation process may also be intended to counter threats by the Palestinian leadership to join the International Criminal Court for the purpose of holding Israel accountable for its actions as an occupying power. The court generally only investigates cases where the country involved is unwilling or unable to investigate itself.The investigation process may also be intended to counter threats by the Palestinian leadership to join the International Criminal Court for the purpose of holding Israel accountable for its actions as an occupying power. The court generally only investigates cases where the country involved is unwilling or unable to investigate itself.
More than 2,100 Palestinians were killed in the Israeli air and ground operation, up to three-quarters of them civilians, according to the United Nations and other monitoring groups.More than 2,100 Palestinians were killed in the Israeli air and ground operation, up to three-quarters of them civilians, according to the United Nations and other monitoring groups.
The Israeli authorities assert that up to half the casualties were probably combatants. On the Israeli side 67 soldiers and six civilians were killed. The Israeli authorities assert that up to half the casualties were probably combatants. On the Israeli side, 67 soldiers and six civilians were killed.
Israel said its military campaign was aimed at halting rocket fire from the Palestinian coastal territory, which is dominated by Hamas, the Islamic militant group, and at destroying a network of tunnels, more than a dozen of them leading into Israeli territory, according to the military. Israel said its campaign was aimed at halting rocket fire from the Palestinian coastal territory, which is dominated by Hamas, and at destroying a network of tunnels, more than a dozen of them leading into Israeli territory.
Prime Minister Benjamin Netanyahu of Israel has repeatedly accused Hamas of committing a “double war crime” for indiscriminately firing thousands of rockets against Israeli towns and cities and for operating from within heavily populated areas of Gaza, using its own civilians, Mr. Netanhayu asserted, as a “human shield.” Prime Minister Benjamin Netanyahu’s government has rejected criticism of its military’s self-accountability and asserted that justice and due process are built into Israel’s democratic system. He also has repeatedly accused Hamas of committing a “double war crime” for indiscriminately firing thousands of rockets against Israeli towns and cities, and for operating from within heavily populated areas of Gaza, using its own civilians, in Mr. Netanhayu’s words, as a “human shield.”
Responding to the international scrutiny, the army’s legal counselors say they have become more involved in recent years in operational activity before and during military attacks on Gaza, as well as in the aftermath. The counselors have trained commanders, reviewed planned targets and deployed to the Gaza border to work with commanders at the division level during the recent conflict. Still, the Israeli army’s legal counselors have acknowledged the international scrutiny on Israel’s military behavior. They say they have become more involved in recent years in operational activity before and during military attacks on Gaza, as well as in the aftermath. The counselors have trained commanders, reviewed planned targets and deployed to the Gaza border to work with commanders at the division level during the recent conflict.
The recently established military committee of fact-finding teams, independent of the military’s chain of command and made up largely of reservists, began investigating certain “exceptional” cases in the midst of the fighting, anticipating prosecutions. The recently established military committee of fact-finding teams, independent of the military’s chain of command and made up largely of reservists, began investigating certain “exceptional” cases.
Previous experience appears to have shown, in Israel’s view, the importance of speedy investigations. A Human Rights Council inquiry into the 2008-2009 war in Gaza led to the Goldstone Report. Named for Richard Goldstone, the South African jurist who led that inquiry, the report found evidence of potential war crimes committed by both Israel and Hamas. It accused Israel of intentionally targeting civilians in Gaza as a matter of policy.Previous experience appears to have shown, in Israel’s view, the importance of speedy investigations. A Human Rights Council inquiry into the 2008-2009 war in Gaza led to the Goldstone Report. Named for Richard Goldstone, the South African jurist who led that inquiry, the report found evidence of potential war crimes committed by both Israel and Hamas. It accused Israel of intentionally targeting civilians in Gaza as a matter of policy.
Mr. Goldstone later sought to retract that accusation, writing in The Washington Post, after Israeli investigators presented contradictory evidence, “If I had known then what I know now, the Goldstone Report would have been a different document.” Other members of the Goldstone panel stood by the report.Mr. Goldstone later sought to retract that accusation, writing in The Washington Post, after Israeli investigators presented contradictory evidence, “If I had known then what I know now, the Goldstone Report would have been a different document.” Other members of the Goldstone panel stood by the report.
An Israeli public commission that examined Israel’s mechanisms for dealing with claims of violations of the laws of armed conflict, led by a retired Supreme Court judge, concluded last year that the Israeli military’s system generally complied with the requirements of international law. But it recommended expediting the process of deciding when to open criminal investigations. An Israeli public commission that examined the mechanisms for dealing with claims of violations of the laws of armed conflict, led by a retired Supreme Court judge, concluded last year that the Israeli military’s system generally complied with international law. But it recommended expediting the process of deciding when to open criminal investigations.
Some incidents, such as the mistreatment of detainees, “requires immediate examination,” the military official told reporters on Wednesday. Some circumstances, like the mistreatment of detainees, “requires immediate examination,” the military official told reporters on Wednesday.
The decision to refer the case of Ahmed Abu Raida was made without a preliminary examination by a fact-finding team because the allegations are relatively clear and not the subject of many variables as in cases where civilians are killed. Critics have called into question the military’s ability to investigate itself. B’Tselem and another Israeli human rights group, Yesh Din, described the military law enforcement system as “a complete failure” in a statement issued this week.
“In armed conflict the death of a civilian does not necessarily mean there was misconduct,” the military official said, explaining the greater complexity of the circumstances surrounding cases referred to the fact-finding teams. After the 2008-09 war in Gaza, in which up to 1,400 Palestinians were killed, more than 50 cases out of 400 that were examined were referred to the military police for criminal investigation. Three investigations ended with indictments, according to the military. B’Tselem noted that the harshest sentence was given to a soldier who stole a credit card.
Critics have called into question the military’s ability to investigate itself.
Two Israeli human rights organizations, Btselem and Yesh Din, described the military law enforcement system as “a complete failure” in a statement issued this week.
Citing what they called structural flaws that precluded investigation of policy issues or breaches of law by senior ranking military officials, Btselem said it was breaking with its previous practice concerning military investigations in Gaza and was rejecting a request from the military advocate’s office for information regarding “irregular” incidents that occurred during the recent conflict.
“Btselem believes it is crucial to investigate the directives and orders given to the forces by top political officials and military commanders,” Hagai El-Ad, the executive director of Btselem, said in the statement. “Common sense has it that a body cannot investigate itself.”
After the 2008-9 war in Gaza, in which up to 1,400 Palestinians were killed, more than 50 events out of 400 that were examined were referred to the military police for criminal investigation. Three investigations ended with indictments, according to the military. Btselem noted that the harshest sentence was given to a soldier who stole a credit card.
The senior military official said that the Military Advocate General Corps acted independently from the chain of command and that all its decisions could be appealed in the Supreme Court. He said it was “unprofessional to talk statistics” or make simple comparisons where legal investigations were concerned.