24 aug 2011
State to indict IDF company officer for shooting Palestinian in back
State to indict IDF company officer for shooting Palestinian in back
Firas Qasqas
The commander, a well-known religious Zionist educator, says that he didn’t intended to kill the Palestinian in December 2007.
The state prosecution has decided to indict a company commander in the army reserves who shot a Palestinian in the back and killed him. The commander, a well-known religious Zionist educator, opened fire in contravention of the rules of engagement.
The move is a fairly rare event: From 2002-2009, only 14 indictments were filed over the death of Palestinian civilians, out of 173 cases investigated, according to the Yesh Din organization. Many other deaths were not investigated at all.
The incident occurred in December 2007, when Firas Qasqas, (scroll down) an unemployed gardener and father of three from Batir, was spending the weekend with relatives in Ramallah. Together with two cousins, he went for a walk in the valley that separates Ramallah from the settlements to its west.
Soldiers spotted them climbing the terraces and opened fire, hitting Qasqas in the back, according to the case file, which Haaretz obtained. He died in the hospital a few hours later.
Later, the soldiers said they had yelled at the Palestinians to halt, but the three ran away. Qasqas' relatives said the three never even heard the soldiers' shouts.
Rules of engagement
The rules of engagement permit soldiers to open fire during an arrest only if the suspect is no more than 50 meters away.
The three Palestinians were at least 200 meters from the soldiers.
Following repeated requests by the B'Tselem organization, the Military Police began investigating. The case file shows that the soldiers contradicted each other in their testimony.
All the soldiers agreed that other soldiers at a nearby lookout post had seen Palestinians doing something with wires near the Yad Yair outpost (since evacuated) and, fearing they were planting a bomb, summoned a patrol.
The patrol vehicle contained the company commander, Captain S., and three soldiers.
A few minutes later, S. and his men saw three Palestinians about a kilometer from where the lookouts had seen the suspected bombers and assumed they must be the suspects. At that point, their statements diverge.
S. said they went through the normal routine for arresting suspects: First they shouted 'halt,' and when the men didn't stop, the soldiers fired in the air.
"After a few shots, I gave the order to shoot at them," he said. "Each time I gave the order to a different soldier to fire single shots, not to hurt them but to make them stop."
When he saw one man fall from the terrace, S. said, "it was clear in my view that he had slipped off the terrace, and that the shooting had no connection to his slipping. The range was 200 to 300 meters."
He also said the firing occurred "during pursuit; in my view, lives were in danger."
But another soldier said the shooting "was to intimidate and deter, so there wouldn't be further [such] incidents ... Stopping them physically was impossible. We didn't try to hurt them ... There was no arrest procedure because the distance was too great; the incident required a live fire response ... We never shouted at them, and that includes the company commander."
Another soldier, L., said S. had told them afterward that the shooting "was so that fear would make them come toward us and we'd arrest them."
Later, the soldiers said they thought the men were metal thieves.
The brigade commander, Col. Amir Abulafia, reprimanded S. for violating the rules of engagement by firing "at their legs" instead of only in the air, but told the Military Police he saw no grounds for prosecution.
The investigation was finished in mid-2009, but only in March did military prosecutors transfer the case to the civil prosecution, which has now decided to indict.
The commander, a well-known religious Zionist educator, says that he didn’t intended to kill the Palestinian in December 2007.
The state prosecution has decided to indict a company commander in the army reserves who shot a Palestinian in the back and killed him. The commander, a well-known religious Zionist educator, opened fire in contravention of the rules of engagement.
The move is a fairly rare event: From 2002-2009, only 14 indictments were filed over the death of Palestinian civilians, out of 173 cases investigated, according to the Yesh Din organization. Many other deaths were not investigated at all.
The incident occurred in December 2007, when Firas Qasqas, (scroll down) an unemployed gardener and father of three from Batir, was spending the weekend with relatives in Ramallah. Together with two cousins, he went for a walk in the valley that separates Ramallah from the settlements to its west.
Soldiers spotted them climbing the terraces and opened fire, hitting Qasqas in the back, according to the case file, which Haaretz obtained. He died in the hospital a few hours later.
Later, the soldiers said they had yelled at the Palestinians to halt, but the three ran away. Qasqas' relatives said the three never even heard the soldiers' shouts.
Rules of engagement
The rules of engagement permit soldiers to open fire during an arrest only if the suspect is no more than 50 meters away.
The three Palestinians were at least 200 meters from the soldiers.
Following repeated requests by the B'Tselem organization, the Military Police began investigating. The case file shows that the soldiers contradicted each other in their testimony.
All the soldiers agreed that other soldiers at a nearby lookout post had seen Palestinians doing something with wires near the Yad Yair outpost (since evacuated) and, fearing they were planting a bomb, summoned a patrol.
The patrol vehicle contained the company commander, Captain S., and three soldiers.
A few minutes later, S. and his men saw three Palestinians about a kilometer from where the lookouts had seen the suspected bombers and assumed they must be the suspects. At that point, their statements diverge.
S. said they went through the normal routine for arresting suspects: First they shouted 'halt,' and when the men didn't stop, the soldiers fired in the air.
"After a few shots, I gave the order to shoot at them," he said. "Each time I gave the order to a different soldier to fire single shots, not to hurt them but to make them stop."
When he saw one man fall from the terrace, S. said, "it was clear in my view that he had slipped off the terrace, and that the shooting had no connection to his slipping. The range was 200 to 300 meters."
He also said the firing occurred "during pursuit; in my view, lives were in danger."
But another soldier said the shooting "was to intimidate and deter, so there wouldn't be further [such] incidents ... Stopping them physically was impossible. We didn't try to hurt them ... There was no arrest procedure because the distance was too great; the incident required a live fire response ... We never shouted at them, and that includes the company commander."
Another soldier, L., said S. had told them afterward that the shooting "was so that fear would make them come toward us and we'd arrest them."
Later, the soldiers said they thought the men were metal thieves.
The brigade commander, Col. Amir Abulafia, reprimanded S. for violating the rules of engagement by firing "at their legs" instead of only in the air, but told the Military Police he saw no grounds for prosecution.
The investigation was finished in mid-2009, but only in March did military prosecutors transfer the case to the civil prosecution, which has now decided to indict.
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"Void of Responsibility": Two cases illustrating the Israeli army's policy of lack of accountability for killing Palestinians
High Court rejects B'Tselem and ACRI petition, but stresses that investigating killings of civilians is essential to protecting the right to life: On Sunday, 21 August 2011, Israel's High Court of Justice (HCJ) rejected a petition filed by ACRI and B'Tselem in which they demanded that the Judge Advocate General (JAG) be instructed to order a Military Police investigation into every case in which soldiers killed Palestinian civilians who did not take part in fighting. The Court declared the petition redundant due to the army's policy change in April 2011, instated in light of the drop in hostilities. According to the new |
policy, the Military Police Investigation Unit (MPIU) will investigate every incident in which a Palestinian who was not participating in the fight was killed in the West Bank. The petition was filed in October 2003.
In her verdict, HJC President Dorit Beinisch stated: "Defending the right to life obligates the [IDF] combat units to exercise a wide variety of operations and avoid others. The petition before us deals with the duty to investigate deaths after the fact. The very fact that such an investigation is held has implications for the right to life, as it enables, first and foremost, arraignments in appropriate cases, and holding those who deviate from the law accountable. Furthermore, a criminal investigation is forward-looking regarding the duty to protect life. It deters potential future offenders, prevents debasement of the right to live, and contributes to an attitude respecting the rule of law. It should be stressed that there is no duty to investigate every death; only deaths that are suspected to have resulted from wrongful behavior must be investigated, particularly when there is concern that the law has been violated and a criminal offense perpetrated. This duty applies both in times of peace and in wartime."
Attorney Dan Yakir, ACRI Legal Advisor, commented that "We filed the petition eight years ago, and the last hearing on it was held almost five and a half years ago. It is unclear why the HJC waited so long before ruling on the petition, particularly as President Beinisch herself stressed that the issue at hand is protecting the lives of Palestinian civilians who are not involved in fighting. It is a shame that after such prolonged litigation, the Court chose to make do with the policy change that the JAG announced several months ago, without ruling on the disputed issues that were discussed at length. This means that, should the JAG decide to reduce or stop investigations again, ACRI and B'Tselem will have to file a new petition against the policy and start the entire process from scratch."
B'Tselem Executive Director Jessica Montell said in response: "The petition was rejected, but our struggle to change the investigation policy bore fruit. We struggled intensively for ten years to bring about this change, not only petitioning the High Court but also filing hundreds of demands that investigations be launched in specific cases, and public advocacy to promote the policy change. Launching an investigation is, of course, just the first hurdle. We need to make sure that the investigations, once launched, are conducted efficiently, professionally, and transparently. To this end, we will continue monitoring the process of the investigation."
Since the JAG announced policy change in April 2011, three Palestinians have been killed in the West Bank in two separate incidents. In both cases, the Military Police swiftly opened an investigation. B'Tselem is monitoring the progress and results of these investigations.
http://www.acri.org
In her verdict, HJC President Dorit Beinisch stated: "Defending the right to life obligates the [IDF] combat units to exercise a wide variety of operations and avoid others. The petition before us deals with the duty to investigate deaths after the fact. The very fact that such an investigation is held has implications for the right to life, as it enables, first and foremost, arraignments in appropriate cases, and holding those who deviate from the law accountable. Furthermore, a criminal investigation is forward-looking regarding the duty to protect life. It deters potential future offenders, prevents debasement of the right to live, and contributes to an attitude respecting the rule of law. It should be stressed that there is no duty to investigate every death; only deaths that are suspected to have resulted from wrongful behavior must be investigated, particularly when there is concern that the law has been violated and a criminal offense perpetrated. This duty applies both in times of peace and in wartime."
Attorney Dan Yakir, ACRI Legal Advisor, commented that "We filed the petition eight years ago, and the last hearing on it was held almost five and a half years ago. It is unclear why the HJC waited so long before ruling on the petition, particularly as President Beinisch herself stressed that the issue at hand is protecting the lives of Palestinian civilians who are not involved in fighting. It is a shame that after such prolonged litigation, the Court chose to make do with the policy change that the JAG announced several months ago, without ruling on the disputed issues that were discussed at length. This means that, should the JAG decide to reduce or stop investigations again, ACRI and B'Tselem will have to file a new petition against the policy and start the entire process from scratch."
B'Tselem Executive Director Jessica Montell said in response: "The petition was rejected, but our struggle to change the investigation policy bore fruit. We struggled intensively for ten years to bring about this change, not only petitioning the High Court but also filing hundreds of demands that investigations be launched in specific cases, and public advocacy to promote the policy change. Launching an investigation is, of course, just the first hurdle. We need to make sure that the investigations, once launched, are conducted efficiently, professionally, and transparently. To this end, we will continue monitoring the process of the investigation."
Since the JAG announced policy change in April 2011, three Palestinians have been killed in the West Bank in two separate incidents. In both cases, the Military Police swiftly opened an investigation. B'Tselem is monitoring the progress and results of these investigations.
http://www.acri.org
16 aug 2011
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Ahmed Mousa 10
Israeli Anarchist Against the Wall activist Jonathan Pollack on the murder of ten year old Ahmed Mousa: His head was pretty much blown off. There was an entry wound in his forehead that completely destroyed his face, and the back of his head was just missing. His brain was not there. The exit wound just blew off the majority of the back of his head ... We remember when 13-year-old Iman al-Hams in Gaza was killed a few years ago, 20 bullets pumped into her body, and the commanding officer who emptied his clip into her head and torso was not only not punished, but he was actually promoted. |
Iman al-Hams 13
What does this say about the Israeli military policy toward shooting children and then "investigating" their deaths?. Following an Israeli "investigation" into the death of Ahmed, the Border Policeman concerned was sentenced to one week's house arrest.
Nilin will lose approximately 2500 dunums of agricultural land when the construction of the Wall is completed. Nilin consisted of 57,000 dunums in 1948, reduced to 33,000 dunums in 1967, currently is 10,000 dunums and will be 7,500 dunums after construction of the Wall.
What does this say about the Israeli military policy toward shooting children and then "investigating" their deaths?. Following an Israeli "investigation" into the death of Ahmed, the Border Policeman concerned was sentenced to one week's house arrest.
Nilin will lose approximately 2500 dunums of agricultural land when the construction of the Wall is completed. Nilin consisted of 57,000 dunums in 1948, reduced to 33,000 dunums in 1967, currently is 10,000 dunums and will be 7,500 dunums after construction of the Wall.
Sa’d Abdul Rahim Mahmoud al-Majdalwai, 17
In a New Crime, Israeli Occupation Forces Kills Disabled Child in Central Gaza Ref: 83/2011
On Tuesday evening, 16 August 2011, the Israeli Occupation Forces (IOF) killed a Palestinian child from al-Nussairat refugee camp, who was 400 meters from the border between the Gaza Strip and Israel, east of Deir al-Balah in the central Gaza Strip. The victim’s family told a PCHR field worker that their child had a mental disability. The victim was in an area that had not been explicitly declared as prohibited.
According to investigations conducted by PCHR, at approximately 18:00 on Tuesday, 16 August 2011, Israeli soldiers stationed at the border northeast of Deir al-Balah opened fire at a Palestinian, who was nearly 400 meters from the border. As a result, he was wounded by 10 bullets in his head and chest. He was left wounded without being offered any first aid. After coordination was made with IOF, at approximately 19:20, medical crews were able to retrieve the body, which was then transferred to al-Aqsa Martyrs Hospital in Deir al-Balah. After four hours later, the child was identified as Sa’d Abdul Rahim Mahmoud al-Majdalwai, 17, from al-Nussairat refugee camp. He was hit by 10 live bullets mostly to the head. In his testimony to PCHR, the victim’s father said that his son had been suffering from a mental disability and a speech impairment.
The Israeli radio reported that IOF observed a person approaching the security fence, and shot him. This version of events confirms that IOF could have arrested or used less than lethal force against him, especially as he was wearing civilian clothes and there was nothing to indicate that he was a non-civilian.
It should be noted that on Tuesday morning, the Gaza Strip witnessed several shooting and shelling attacks on civilian areas and military training sites. As a result of this shelling and shooting, a Palestinian resistance man was killed and two others were seriously wounded in Gaza City. A child and another person were wounded in Khan Yunis and Rafah in the south of the Gaza Strip.
PCHR condemns and expresses concerned over this crime, and:
1. Asserts that these crimes are part of a series of war crimes committed by IOF in the oPt, which reflect total disregard for the lives of Palestinian civilians.
2. Calls upon the international community to take immediate action in order to put an end to such crimes. PCHR further renews its demand for the High Contracting Parties to the Fourth Geneva Convention to fulfill their obligation under Article 1, which stipulates “the High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances,” as well as their obligations under Article 146 which requires that the Contracting Parties prosecute persons alleged to commit grave breaches of the Fourth Geneva Convention. These grave breaches constitute war crimes under Article 147 of the same Convention and under Protocol I Additional to Geneva Conventions.
In a New Crime, Israeli Occupation Forces Kills Disabled Child in Central Gaza Ref: 83/2011
On Tuesday evening, 16 August 2011, the Israeli Occupation Forces (IOF) killed a Palestinian child from al-Nussairat refugee camp, who was 400 meters from the border between the Gaza Strip and Israel, east of Deir al-Balah in the central Gaza Strip. The victim’s family told a PCHR field worker that their child had a mental disability. The victim was in an area that had not been explicitly declared as prohibited.
According to investigations conducted by PCHR, at approximately 18:00 on Tuesday, 16 August 2011, Israeli soldiers stationed at the border northeast of Deir al-Balah opened fire at a Palestinian, who was nearly 400 meters from the border. As a result, he was wounded by 10 bullets in his head and chest. He was left wounded without being offered any first aid. After coordination was made with IOF, at approximately 19:20, medical crews were able to retrieve the body, which was then transferred to al-Aqsa Martyrs Hospital in Deir al-Balah. After four hours later, the child was identified as Sa’d Abdul Rahim Mahmoud al-Majdalwai, 17, from al-Nussairat refugee camp. He was hit by 10 live bullets mostly to the head. In his testimony to PCHR, the victim’s father said that his son had been suffering from a mental disability and a speech impairment.
The Israeli radio reported that IOF observed a person approaching the security fence, and shot him. This version of events confirms that IOF could have arrested or used less than lethal force against him, especially as he was wearing civilian clothes and there was nothing to indicate that he was a non-civilian.
It should be noted that on Tuesday morning, the Gaza Strip witnessed several shooting and shelling attacks on civilian areas and military training sites. As a result of this shelling and shooting, a Palestinian resistance man was killed and two others were seriously wounded in Gaza City. A child and another person were wounded in Khan Yunis and Rafah in the south of the Gaza Strip.
PCHR condemns and expresses concerned over this crime, and:
1. Asserts that these crimes are part of a series of war crimes committed by IOF in the oPt, which reflect total disregard for the lives of Palestinian civilians.
2. Calls upon the international community to take immediate action in order to put an end to such crimes. PCHR further renews its demand for the High Contracting Parties to the Fourth Geneva Convention to fulfill their obligation under Article 1, which stipulates “the High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances,” as well as their obligations under Article 146 which requires that the Contracting Parties prosecute persons alleged to commit grave breaches of the Fourth Geneva Convention. These grave breaches constitute war crimes under Article 147 of the same Convention and under Protocol I Additional to Geneva Conventions.
7 may 2011
In Memory of Mohamed Al-Durrah
The day Mohammed Al-Durrah, 12, was killed is a day that is eternally engraved in my heart. It is a day that I think about everyday.
On the second day of the Second Intifada, or uprising, Mohamed Al-Durrah was caught in a crossfire between Israeli Occupation Forces and Palestinian resistance fighters. Trying to hold onto life, Mohamed Al-Durrah held onto his father. He held on tighter as the seconds passed, his face growing more terrified as the seconds passed, and then the camera shook. When the camera regained focus, he was dead. All of his pain, gone. All of his suffering, gone. All of his stress, gone. That was it.
My grandfather took me to the Arabic store with him the next week to buy bread, the store was handing everyone a picture of Mohamed Al-Durrah. This wasn't the first time a Palestinian child has been killed by Israeli Occupation Forces, I used to see pictures of dead Palestinian children on Al Jazeera all the time. This time, however, everyone witnessed exactly what happened. We all witnessed his face going from pain to peace.
I was a little girl who enjoyed television shows like Dora the Explorer and Rugrats at the time Mohamed Al-Durrah was killed. After watching that tape, I stopped playing with toys and watching little kid shows. I matured very fast. Mohamed Al-Durrah is the reason for my choice of studies. His death opened my eyes to injustice, and now I can't close them.
Mohamed Al-Durrah would be 22 years-old if he was alive right now. Maybe he would have been married, maybe not. Maybe he would have become a doctor, maybe an engineer. We will never know. We will never know what the twelve year-old boy would have grown up to be
In Memory of Mohamed Al-Durrah
The day Mohammed Al-Durrah, 12, was killed is a day that is eternally engraved in my heart. It is a day that I think about everyday.
On the second day of the Second Intifada, or uprising, Mohamed Al-Durrah was caught in a crossfire between Israeli Occupation Forces and Palestinian resistance fighters. Trying to hold onto life, Mohamed Al-Durrah held onto his father. He held on tighter as the seconds passed, his face growing more terrified as the seconds passed, and then the camera shook. When the camera regained focus, he was dead. All of his pain, gone. All of his suffering, gone. All of his stress, gone. That was it.
My grandfather took me to the Arabic store with him the next week to buy bread, the store was handing everyone a picture of Mohamed Al-Durrah. This wasn't the first time a Palestinian child has been killed by Israeli Occupation Forces, I used to see pictures of dead Palestinian children on Al Jazeera all the time. This time, however, everyone witnessed exactly what happened. We all witnessed his face going from pain to peace.
I was a little girl who enjoyed television shows like Dora the Explorer and Rugrats at the time Mohamed Al-Durrah was killed. After watching that tape, I stopped playing with toys and watching little kid shows. I matured very fast. Mohamed Al-Durrah is the reason for my choice of studies. His death opened my eyes to injustice, and now I can't close them.
Mohamed Al-Durrah would be 22 years-old if he was alive right now. Maybe he would have been married, maybe not. Maybe he would have become a doctor, maybe an engineer. We will never know. We will never know what the twelve year-old boy would have grown up to be
Israel's High Court on Thursday dismissed a petition filed on behalf of 1,046 victims of Israel's Operation Cast Lead offensive on the Gaza Strip, a human rights group said.
Palestinian Centre for Human Rights filed a petition in December to challenge the two-year statute of limitation imposed on compensation claims. The organization said the two-year limit should not accrue until Israel's illegal closure of the Gaza Strip was lifted and residents of Gaza could access courts.
Due to Israel's siege, Gaza residents could not submit cases within two years.
According to Israeli law, PCHR should have had a right to reply to the State, however, the court dismissed the petition before hearing PCHR's reply, which is set to be heard on Tuesday.
The High Court's dismissal of the petition was a serious setback for victims' legitimate quest for accountability, the organization said.
PCHR outlined several ways in which the Israeli judiciary was complicit in the perpetuation of "a climate of pervasive impunity," which shielded soldiers who violated international law from justice.
Financial obstacles to justice
Israeli courts often require claimants to pay court insurance fees before a case can begin. In practice, this fee is always applied to Palestinians and is often set at thousands of dollars, PCHR said.
"In a recent case brought by PCHR, the claimants were required to pay an insurance fee of NIS 20,000 (US $5,600) for each of the five wrongful deaths claimed," PCHR said in a statement, noting that the fees were "an insurmountable obstacle to justice."
"Simply put, claimants from Gaza crippled by the economic devastation wrought by the occupation and the illegal closure cannot afford this fee and their cases are being dismissed and closed," the statement said.
Israel army denies victims access to court
Under Israeli law, the victim or witness must be present in court, but since June 2007, Israeli military authorities have not allowed a single individual to leave Gaza to appear in court despite having letters from the court requesting their presence, PCHR said.
"As a result, their cases are dismissed and closed," the organization said.
Meanwhile, PCHR's lawyers cannot enter Israel, so Israeli lawyers must be hired. However, clients cannot enter Israel to meet their lawyers, while Israeli lawyers cannot enter Gaza to meet their clients or visit the crime scene.
An accountability-free zone
The statute of limitations, imposed monetary barriers and the illegal blockade of Gaza combine to establish an 'accountability-free zone" in the Gaza Strip "wherein Israeli forces are free to violate international law without consequence," PCHR said.
The organization noted that the UN fact-finding mission on the December 2008 offensive on Gaza concluded that the series of acts which limited Palestinians' access to justice "could amount to persecution, a crime against humanity."
PCHR's petition was filed on behalf of some of the most infamous cases of the 22-day offensive, including the Samouni family which lost 29 members in one airstrike. Prior to the strike, soldiers had ordered the family to stay in the home.
More than 1,400 Palestinians were killed during the offensive, most of whom were civilians.
http://www.maannews.net/eng/ViewDetails.aspx?ID=383470
Palestinian Centre for Human Rights filed a petition in December to challenge the two-year statute of limitation imposed on compensation claims. The organization said the two-year limit should not accrue until Israel's illegal closure of the Gaza Strip was lifted and residents of Gaza could access courts.
Due to Israel's siege, Gaza residents could not submit cases within two years.
According to Israeli law, PCHR should have had a right to reply to the State, however, the court dismissed the petition before hearing PCHR's reply, which is set to be heard on Tuesday.
The High Court's dismissal of the petition was a serious setback for victims' legitimate quest for accountability, the organization said.
PCHR outlined several ways in which the Israeli judiciary was complicit in the perpetuation of "a climate of pervasive impunity," which shielded soldiers who violated international law from justice.
Financial obstacles to justice
Israeli courts often require claimants to pay court insurance fees before a case can begin. In practice, this fee is always applied to Palestinians and is often set at thousands of dollars, PCHR said.
"In a recent case brought by PCHR, the claimants were required to pay an insurance fee of NIS 20,000 (US $5,600) for each of the five wrongful deaths claimed," PCHR said in a statement, noting that the fees were "an insurmountable obstacle to justice."
"Simply put, claimants from Gaza crippled by the economic devastation wrought by the occupation and the illegal closure cannot afford this fee and their cases are being dismissed and closed," the statement said.
Israel army denies victims access to court
Under Israeli law, the victim or witness must be present in court, but since June 2007, Israeli military authorities have not allowed a single individual to leave Gaza to appear in court despite having letters from the court requesting their presence, PCHR said.
"As a result, their cases are dismissed and closed," the organization said.
Meanwhile, PCHR's lawyers cannot enter Israel, so Israeli lawyers must be hired. However, clients cannot enter Israel to meet their lawyers, while Israeli lawyers cannot enter Gaza to meet their clients or visit the crime scene.
An accountability-free zone
The statute of limitations, imposed monetary barriers and the illegal blockade of Gaza combine to establish an 'accountability-free zone" in the Gaza Strip "wherein Israeli forces are free to violate international law without consequence," PCHR said.
The organization noted that the UN fact-finding mission on the December 2008 offensive on Gaza concluded that the series of acts which limited Palestinians' access to justice "could amount to persecution, a crime against humanity."
PCHR's petition was filed on behalf of some of the most infamous cases of the 22-day offensive, including the Samouni family which lost 29 members in one airstrike. Prior to the strike, soldiers had ordered the family to stay in the home.
More than 1,400 Palestinians were killed during the offensive, most of whom were civilians.
http://www.maannews.net/eng/ViewDetails.aspx?ID=383470
30 apr 2011
Paris court convicts Israeli doctor of slander
Paris court convicts Israeli doctor of slander
Knesset member Ahmad Tibi is calling on Israeli authorities to punish a doctor convicted of slandering the father of Mohammad Ad-Durra by a French court Friday.
In 2000, the television station France 2 reported that Israeli soldiers shot dead Mohammad Ad-Durra, 12, in Gaza City. The killing was filmed by French reporters and the channel broadcast footage of the incident, in which Ad-Durra's father Jamal was also shot and injured as he tried to take cover with his son.
In an interview to a French Jewish publication in 2008, Israeli doctor Yehuda David claimed Jamal Ad-Durra's injuries stemmed from a previous accident. He had operated on Ad-Durra in 1994.
Ad-Durra sued David and the publication for slander.
A Paris court on Friday convicted the doctor, a reporter and the editor of Jewish News Weekly, of defaming Jamal Ad-Durra. The three were fined 1,000 euros each and ordered to pay 5,000 euros in damages.
MK Ahmad Tibi urged the Israeli Medical Association and the Ministry of Health to prosecute the doctor, noting that misusing and distorting confidential medical files is a criminal offense.
David has previously claimed that the video footage of Mohammad's killing was fabricated, and that the boy was killed by Palestinian fire.
In 2000, the Israeli army conducted an internal investigation and admitted responsibility for the killing but in 2007 the Israeli government officially denied involvement.
http://www.maannews.net/eng/ViewDetails.aspx?ID=383329
In 2000, the television station France 2 reported that Israeli soldiers shot dead Mohammad Ad-Durra, 12, in Gaza City. The killing was filmed by French reporters and the channel broadcast footage of the incident, in which Ad-Durra's father Jamal was also shot and injured as he tried to take cover with his son.
In an interview to a French Jewish publication in 2008, Israeli doctor Yehuda David claimed Jamal Ad-Durra's injuries stemmed from a previous accident. He had operated on Ad-Durra in 1994.
Ad-Durra sued David and the publication for slander.
A Paris court on Friday convicted the doctor, a reporter and the editor of Jewish News Weekly, of defaming Jamal Ad-Durra. The three were fined 1,000 euros each and ordered to pay 5,000 euros in damages.
MK Ahmad Tibi urged the Israeli Medical Association and the Ministry of Health to prosecute the doctor, noting that misusing and distorting confidential medical files is a criminal offense.
David has previously claimed that the video footage of Mohammad's killing was fabricated, and that the boy was killed by Palestinian fire.
In 2000, the Israeli army conducted an internal investigation and admitted responsibility for the killing but in 2007 the Israeli government officially denied involvement.
http://www.maannews.net/eng/ViewDetails.aspx?ID=383329
In report submitted to PM, inquiry commission says 2002 attack in Gaza on top Hamas figure who posed certain, immediate and significant threat to Israels population was imperative; difficult collateral consequences of strike, in which uninvolved civilians were killed, became clear in hindsight. MK Tibi: Assassins should be prosecuted.
A report submitted to Prime Minister Benjamin Netanyahu on Sunday determined that the targeted killing of senior Hamas figure Salah Shehadeh on July 22, 2002 was imperative as he posed a certain, immediate and significant threat to Israeli citizens.
The Special Investigatory Commission concluded that Shehadeh`s terrorist activity categorized him "a civilian taking a direct part in hostilities at that time" and that his classification by the Shin Bet as a target was professional, based on concrete information and in accordance with the principles of Israeli and international law.
Therefore, the committee said, the strike against Shehadeh, "which was intended to terminate his deadly activity, was a legitimate targeted killing".
The commission further concluded that the difficult collateral consequences of the strike against Shehadeh, in which 13 uninvolved civilians, mostly women and children, were killed and many others injured, became clear in hindsight to most of the senior officials involved in the planning and implementation of the operation.
The officials, according to the committee, stated that had they foreseen in real-time the scope and gravity of the collateral damage which actually resulted, the operation would not have been carried out.
"The said consequence was unintended, undesired and unforeseen. It did not stem from disregard or indifference to human lives," the committee determined.
During the operation, a one-ton bomb was dropped on the house in which Shehadeh was staying, killing him, Hamas figure Zahar Natzer, Shehadeh`s wife Layla and his 15-year-old daughter Iman, who were with him in the house.
nconsistent intelligence. Scene of 2002 strike in Gaza
Following the operation, a petition was filed with the High Court of Justice requesting that it order the military advocate general and the attorney general to open a criminal investigation against the air force commander, the chief of general staff, the minister of defense and the prime minister of Israel, in order to determine whether criminal offenses had been committed in the course of the planning and implementation of the operation.
In January 2008 then Prime Minister Ehud Olmert appointed a committee comprising three members: Former Military Advocate General Brig. Gen. (res.) Tzvi Inbar (committee chairman), Maj. Gen. (res.) Yitzhak Eitan and Yitzhak Dar.
Following the passing of Atty. Inbar on August 31, 2009 Netanyahu appointed retired Supreme Court Justice Tova Strasberg-Cohen as commission chairperson.
The committee determined that the targeted killing against Shehadeh was imperative because of the increase and escalation in terrorist attacks since 2000, in a manner which led to a situation of actual war, classified as an "armed conflict". These attacks were carried out mainly by the Hamas movement, to which Shehadeh belonged as one of its senior leaders and head of its Operational Branch. Shehadeh was the driving force behind the Hamas, its ideology and its operations, and was directly involved in the planning and execution of deadly terror attacks, the report said.
"This situation necessitated effective, immediate and pinpointed measures to eliminate or at least minimize the attacks. One of the means chosen for this purpose was targeted killings against the leading planners and perpetrators of terrorist attacks," according to the report.
"Other alternatives that were considered were not implemented, either because the chances of success were uncertain or because Shehadeh switched houses during the planning stages or because there was too great a risk to Israeli forces or to uninvolved civilians resulting from, inter alia, the difficulties involved in a ground operation in a densely-populated area."
Principle of proportionality
War crime. Site of targeted killing in Gaza
The committee also concluded that all those involved in the operation showed "awareness and sensitivity" throughout the entire operation with regards to the risk to uninvolved civilians and the "duty to avoid or minimize it to the extent possible, in line with the principle of proportionality.
"In addition, the operation was aborted twice because of the presence of a minor, Shehadeh`s daughter, in the house at the time the strike was planned to have taken place. Notwithstanding all this, a gap arose between what was expected and what actually occurred. The central reason for this gap was incomplete, unfocused and inconsistent intelligence information with regard to the presence of civilians in the structures adjacent to the Shehadeh house (the garage and huts), where most of the civilians died," the report stated.
According to the committee, this gap stemmed from "incorrect assessments and mistaken judgment based on an intelligence failure in the collection and transfer of information to the various echelons involved in the points of contact between the different agencies involved, and from a lack of sufficient understanding regarding the uncertainty that was created as a result of this unfocused, inconsistent and incomplete intelligence information which was before the decision-makers.
"The appropriate balance between the overall considerations of the decision-makers was disrupted, in a way that led to disproportionate harm to uninvolved civilians."
The committee stated that the rules of Israeli and international law "unequivocally remove any suspicion that a criminal offense was committed by any of those involved in the operation, adding that it does not recommend that personal measures be taken against any of those involved in the operation.
Shortly after the operation, the committee said, investigations were conducted by the various branches of the security forces, after which "lessons were learned and internalized by the security forces and incorporated both in writing and orally in training, lectures and regulations. Changes were also introduced accordingly in the mechanisms dealing with targeted killing operations.
According to the committee, the political echelon "also incorporated lessons learned from the operation and its consequences. Today, the procedure for transferring intelligence information to the political echelon is more organized, and decisions by the security services are more carefully scrutinized. There is awareness regarding initiation of meetings with the heads of the security services and the need to request clarifications as appropriate to ensure that the most independent and well-informed decision is made as necessitated by domestic and foreign policy considerations, particularly with regard to possible harm to uninvolved civilians as a result of targeted killings."
The committee recommended that security forces "incorporate and internalize, on an ongoing basis, the principles and norms of Israeli and international law and the ethical and moral foundations on which they are predicated, particularly in all that relates to harm to uninvolved civilians resulting from a targeted killing against a legitimate target.
In addition, the report stated that the "principle of proportionality must be carefully adhered to. A derivative of this principle is that a strike should not be carried out, even if the target is in and of itself legitimate, if the expected harm to uninvolved civilians is excessive in relation to the anticipated military advantage to be derived from the strike, and this in each case according to its circumstances. In this context, maximum caution must be exercised in the selection of the method of striking the target and the type of weapon to be used in the operation.
Assassination succeeded
"The required balance was not properly achieved in the targeted killing against Shehadeh. Decisions were made on the basis of flawed, incomplete and inconsistent information which led to misunderstandings, erroneous assessments and mistaken judgment, which resulted in an unforeseen, undesired and unintended outcome," according to the report.
Knesset Member Avi Dichter (Kadima) who had served as Shin Bet chief at the time addressed the conclusions and noted that "it is important to state and admit: The assassination succeeded but the operation failed."
Dichter added that "Shehadeh`s daughter was the reason why we didn`t approve the attack so long as she was with him. That, more than anything else proves how much consideration and attention was given to avoiding harming the innocent."
Meanwhile, MK Ahmad Tibi (United Arab List-Ta`al) also addressed the issue, stating "those responsible for the assassination carried out a war crime and should be prosecuted for killing innocent women and children. The planners and implementers new in advance the price the civilian population would pay.
http://www.ynetnews.com/articles/0,7340,L-4035172,00.html
A report submitted to Prime Minister Benjamin Netanyahu on Sunday determined that the targeted killing of senior Hamas figure Salah Shehadeh on July 22, 2002 was imperative as he posed a certain, immediate and significant threat to Israeli citizens.
The Special Investigatory Commission concluded that Shehadeh`s terrorist activity categorized him "a civilian taking a direct part in hostilities at that time" and that his classification by the Shin Bet as a target was professional, based on concrete information and in accordance with the principles of Israeli and international law.
Therefore, the committee said, the strike against Shehadeh, "which was intended to terminate his deadly activity, was a legitimate targeted killing".
The commission further concluded that the difficult collateral consequences of the strike against Shehadeh, in which 13 uninvolved civilians, mostly women and children, were killed and many others injured, became clear in hindsight to most of the senior officials involved in the planning and implementation of the operation.
The officials, according to the committee, stated that had they foreseen in real-time the scope and gravity of the collateral damage which actually resulted, the operation would not have been carried out.
"The said consequence was unintended, undesired and unforeseen. It did not stem from disregard or indifference to human lives," the committee determined.
During the operation, a one-ton bomb was dropped on the house in which Shehadeh was staying, killing him, Hamas figure Zahar Natzer, Shehadeh`s wife Layla and his 15-year-old daughter Iman, who were with him in the house.
nconsistent intelligence. Scene of 2002 strike in Gaza
Following the operation, a petition was filed with the High Court of Justice requesting that it order the military advocate general and the attorney general to open a criminal investigation against the air force commander, the chief of general staff, the minister of defense and the prime minister of Israel, in order to determine whether criminal offenses had been committed in the course of the planning and implementation of the operation.
In January 2008 then Prime Minister Ehud Olmert appointed a committee comprising three members: Former Military Advocate General Brig. Gen. (res.) Tzvi Inbar (committee chairman), Maj. Gen. (res.) Yitzhak Eitan and Yitzhak Dar.
Following the passing of Atty. Inbar on August 31, 2009 Netanyahu appointed retired Supreme Court Justice Tova Strasberg-Cohen as commission chairperson.
The committee determined that the targeted killing against Shehadeh was imperative because of the increase and escalation in terrorist attacks since 2000, in a manner which led to a situation of actual war, classified as an "armed conflict". These attacks were carried out mainly by the Hamas movement, to which Shehadeh belonged as one of its senior leaders and head of its Operational Branch. Shehadeh was the driving force behind the Hamas, its ideology and its operations, and was directly involved in the planning and execution of deadly terror attacks, the report said.
"This situation necessitated effective, immediate and pinpointed measures to eliminate or at least minimize the attacks. One of the means chosen for this purpose was targeted killings against the leading planners and perpetrators of terrorist attacks," according to the report.
"Other alternatives that were considered were not implemented, either because the chances of success were uncertain or because Shehadeh switched houses during the planning stages or because there was too great a risk to Israeli forces or to uninvolved civilians resulting from, inter alia, the difficulties involved in a ground operation in a densely-populated area."
Principle of proportionality
War crime. Site of targeted killing in Gaza
The committee also concluded that all those involved in the operation showed "awareness and sensitivity" throughout the entire operation with regards to the risk to uninvolved civilians and the "duty to avoid or minimize it to the extent possible, in line with the principle of proportionality.
"In addition, the operation was aborted twice because of the presence of a minor, Shehadeh`s daughter, in the house at the time the strike was planned to have taken place. Notwithstanding all this, a gap arose between what was expected and what actually occurred. The central reason for this gap was incomplete, unfocused and inconsistent intelligence information with regard to the presence of civilians in the structures adjacent to the Shehadeh house (the garage and huts), where most of the civilians died," the report stated.
According to the committee, this gap stemmed from "incorrect assessments and mistaken judgment based on an intelligence failure in the collection and transfer of information to the various echelons involved in the points of contact between the different agencies involved, and from a lack of sufficient understanding regarding the uncertainty that was created as a result of this unfocused, inconsistent and incomplete intelligence information which was before the decision-makers.
"The appropriate balance between the overall considerations of the decision-makers was disrupted, in a way that led to disproportionate harm to uninvolved civilians."
The committee stated that the rules of Israeli and international law "unequivocally remove any suspicion that a criminal offense was committed by any of those involved in the operation, adding that it does not recommend that personal measures be taken against any of those involved in the operation.
Shortly after the operation, the committee said, investigations were conducted by the various branches of the security forces, after which "lessons were learned and internalized by the security forces and incorporated both in writing and orally in training, lectures and regulations. Changes were also introduced accordingly in the mechanisms dealing with targeted killing operations.
According to the committee, the political echelon "also incorporated lessons learned from the operation and its consequences. Today, the procedure for transferring intelligence information to the political echelon is more organized, and decisions by the security services are more carefully scrutinized. There is awareness regarding initiation of meetings with the heads of the security services and the need to request clarifications as appropriate to ensure that the most independent and well-informed decision is made as necessitated by domestic and foreign policy considerations, particularly with regard to possible harm to uninvolved civilians as a result of targeted killings."
The committee recommended that security forces "incorporate and internalize, on an ongoing basis, the principles and norms of Israeli and international law and the ethical and moral foundations on which they are predicated, particularly in all that relates to harm to uninvolved civilians resulting from a targeted killing against a legitimate target.
In addition, the report stated that the "principle of proportionality must be carefully adhered to. A derivative of this principle is that a strike should not be carried out, even if the target is in and of itself legitimate, if the expected harm to uninvolved civilians is excessive in relation to the anticipated military advantage to be derived from the strike, and this in each case according to its circumstances. In this context, maximum caution must be exercised in the selection of the method of striking the target and the type of weapon to be used in the operation.
Assassination succeeded
"The required balance was not properly achieved in the targeted killing against Shehadeh. Decisions were made on the basis of flawed, incomplete and inconsistent information which led to misunderstandings, erroneous assessments and mistaken judgment, which resulted in an unforeseen, undesired and unintended outcome," according to the report.
Knesset Member Avi Dichter (Kadima) who had served as Shin Bet chief at the time addressed the conclusions and noted that "it is important to state and admit: The assassination succeeded but the operation failed."
Dichter added that "Shehadeh`s daughter was the reason why we didn`t approve the attack so long as she was with him. That, more than anything else proves how much consideration and attention was given to avoiding harming the innocent."
Meanwhile, MK Ahmad Tibi (United Arab List-Ta`al) also addressed the issue, stating "those responsible for the assassination carried out a war crime and should be prosecuted for killing innocent women and children. The planners and implementers new in advance the price the civilian population would pay.
http://www.ynetnews.com/articles/0,7340,L-4035172,00.html
Israel: The bombing of civilian homes to kill Shehadeh was legal
The Israeli committee, assigned to investigate the operation that led years ago to the killing of Al-Qassam Brigades commander Salah Shehadeh nine and many civilians, said that the bombing of a residential area to kill a wanted person was a legitimate target.
The committee stated in a report handed to the Israeli premier on Sunday that the Israelis, who carried out this attack, did not commit a crime.
It also did not recommend taking any legal action against them, claiming that the killing of innocent people during the attack was not as a result of any disregard for human life but of wrong assessments and inadequate intelligence information.
Hamas spokesman Sami Abu Zuhri commented on this Israeli report in a statement to the Palestinian information center (PIC), saying that this report confirmed that Israel legitimizes the indiscriminate and unintentional killing of Palestinians.
The spokesman underlined that what Israel had committed was a war crime and a violation of international law and human rights, stressing that this Israeli admission is extremely dangerous
Nine years ago, the Israeli air force carried out a heinous crime in Al-Darj neighborhood in Gaza city when its airforce dropped a one ton bomb at an apartment building killing 17 Palestinians and injuring dozens of them.
In another incident, the Hebrew radio said on Sunday that the Israeli fact-finding committee of Turkel that was formed last year to probe the deadly attack on Freedom Flotilla aid convoy summoned the attorney general Yehuda Weinstein for interrogation.
Weinstein was informed that he must appear before Turkel committee next month to respond to violations of international law and accusations against him of committing war crimes and crimes against humanity.
http://bit.ly/hkm4RV
Israeli soldiers cleared over killings
"This is the American weapon, this is the Israeli peace." Graffiti in the al-Daraj neighborhood of Gaza City, after Israel assassinated Salah Shehade by dropping an American one-ton precision "smart bomb" on an apartment building there.
No criminal offense has been committed by the Israeli military over the assassination of a senior Hamas leader and more than a dozen other Palestinians, Tel Aviv says.
The probe -- carried out by Israel -- has concluded that the Israeli army acted on faulty intelligence and the assassinations were justified and did not constitute a criminal act.
On July 22, 2002, Israel dropped a one-ton bomb on a house in Gaza City, killing Hamas leader Salah Shehade along with 16 other Palestinians, including nine children.
The assassinations led to widespread international condemnation at that time.
The report, published on Sunday, also cleared all those involved in the assassination and said that there is no room for legal proceedings against them, AP reported.
The classified report effectively ruled out any further action against troops over the dropping of a one-ton bomb.
Rights activists accuse Israel of taking too few steps to avoid Palestinian civilian casualties when ordering military operations.
Foreign and domestic critics said that the 2002 attack at the height of the Palestinian uprising, in which thousands died, is a clear example of Israeli indifference toward Palestinian civilians.
Similar charges were leveled after the Gaza war two years ago in which some 1,400 Palestinians were killed by the Israeli attacks and inflicted a damage of above $1.6 billion on the territory's economy.
Human rights groups have also criticized the international community for its silence on the siege on Gaza and the 22-day Israeli war in December 2008.
http://www.presstv.ir/detail/167418.html
Hamas slams Israel's justification for its killing of civilians 9 years ago
The Hamas Movement strongly denounced the Israeli occupation state for acquitting killers of Al-Qassam leader Salah Shehadeh who was among dozens of children and civilians who were bombed during an aerial attack nine years ago on a residential area in the Gaza Strip.
Hamas spokesman Fawzi Barhoum stated on Monday that the Israeli decision to exonerate the perpetrators was an insolent challenge to the Palestinian people's feelings and official encouragement for more crimes and terrorist attacks against the Palestinians.
Spokesman Barhoum emphasized that Israel practices systematic state terrorism and always confers legitimacy on its war crimes.
"This file and all files of the crimes committed by the Israeli occupation must be referred to the international criminal court and there should be decisions that curb this entity and isolate it internationally as well as the international institutions should impose economic, security, military, and political sanctions on Israel, expose its crimes and support the justice of the Palestinian cause," the spokesman underlined.
http://bit.ly/ePhMQb
The Israeli committee, assigned to investigate the operation that led years ago to the killing of Al-Qassam Brigades commander Salah Shehadeh nine and many civilians, said that the bombing of a residential area to kill a wanted person was a legitimate target.
The committee stated in a report handed to the Israeli premier on Sunday that the Israelis, who carried out this attack, did not commit a crime.
It also did not recommend taking any legal action against them, claiming that the killing of innocent people during the attack was not as a result of any disregard for human life but of wrong assessments and inadequate intelligence information.
Hamas spokesman Sami Abu Zuhri commented on this Israeli report in a statement to the Palestinian information center (PIC), saying that this report confirmed that Israel legitimizes the indiscriminate and unintentional killing of Palestinians.
The spokesman underlined that what Israel had committed was a war crime and a violation of international law and human rights, stressing that this Israeli admission is extremely dangerous
Nine years ago, the Israeli air force carried out a heinous crime in Al-Darj neighborhood in Gaza city when its airforce dropped a one ton bomb at an apartment building killing 17 Palestinians and injuring dozens of them.
In another incident, the Hebrew radio said on Sunday that the Israeli fact-finding committee of Turkel that was formed last year to probe the deadly attack on Freedom Flotilla aid convoy summoned the attorney general Yehuda Weinstein for interrogation.
Weinstein was informed that he must appear before Turkel committee next month to respond to violations of international law and accusations against him of committing war crimes and crimes against humanity.
http://bit.ly/hkm4RV
Israeli soldiers cleared over killings
"This is the American weapon, this is the Israeli peace." Graffiti in the al-Daraj neighborhood of Gaza City, after Israel assassinated Salah Shehade by dropping an American one-ton precision "smart bomb" on an apartment building there.
No criminal offense has been committed by the Israeli military over the assassination of a senior Hamas leader and more than a dozen other Palestinians, Tel Aviv says.
The probe -- carried out by Israel -- has concluded that the Israeli army acted on faulty intelligence and the assassinations were justified and did not constitute a criminal act.
On July 22, 2002, Israel dropped a one-ton bomb on a house in Gaza City, killing Hamas leader Salah Shehade along with 16 other Palestinians, including nine children.
The assassinations led to widespread international condemnation at that time.
The report, published on Sunday, also cleared all those involved in the assassination and said that there is no room for legal proceedings against them, AP reported.
The classified report effectively ruled out any further action against troops over the dropping of a one-ton bomb.
Rights activists accuse Israel of taking too few steps to avoid Palestinian civilian casualties when ordering military operations.
Foreign and domestic critics said that the 2002 attack at the height of the Palestinian uprising, in which thousands died, is a clear example of Israeli indifference toward Palestinian civilians.
Similar charges were leveled after the Gaza war two years ago in which some 1,400 Palestinians were killed by the Israeli attacks and inflicted a damage of above $1.6 billion on the territory's economy.
Human rights groups have also criticized the international community for its silence on the siege on Gaza and the 22-day Israeli war in December 2008.
http://www.presstv.ir/detail/167418.html
Hamas slams Israel's justification for its killing of civilians 9 years ago
The Hamas Movement strongly denounced the Israeli occupation state for acquitting killers of Al-Qassam leader Salah Shehadeh who was among dozens of children and civilians who were bombed during an aerial attack nine years ago on a residential area in the Gaza Strip.
Hamas spokesman Fawzi Barhoum stated on Monday that the Israeli decision to exonerate the perpetrators was an insolent challenge to the Palestinian people's feelings and official encouragement for more crimes and terrorist attacks against the Palestinians.
Spokesman Barhoum emphasized that Israel practices systematic state terrorism and always confers legitimacy on its war crimes.
"This file and all files of the crimes committed by the Israeli occupation must be referred to the international criminal court and there should be decisions that curb this entity and isolate it internationally as well as the international institutions should impose economic, security, military, and political sanctions on Israel, expose its crimes and support the justice of the Palestinian cause," the spokesman underlined.
http://bit.ly/ePhMQb
