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Rights Groups Criticize Israeli Inquiry Into 2014 Gaza War Rights Groups Criticize Israeli Inquiry Into 2014 Gaza War
(about 9 hours later)
JERUSALEM — Israeli and Palestinian rights organizations have challenged the credibility of Israel’s inquiries into possible military misconduct during the 2014 war in Gaza, with one group describing the internal legal process as a “facade” intended to try to stave off a war crimes investigation by the International Criminal Court.JERUSALEM — Israeli and Palestinian rights organizations have challenged the credibility of Israel’s inquiries into possible military misconduct during the 2014 war in Gaza, with one group describing the internal legal process as a “facade” intended to try to stave off a war crimes investigation by the International Criminal Court.
In a report released on Tuesday, the group, B’Tselem, a left-wing Israeli organization that focuses on allegations of rights abuses against Palestinians in Gaza and in the Israeli-occupied West Bank, characterized the military’s system of internal investigations as a “whitewash protocol.”In a report released on Tuesday, the group, B’Tselem, a left-wing Israeli organization that focuses on allegations of rights abuses against Palestinians in Gaza and in the Israeli-occupied West Bank, characterized the military’s system of internal investigations as a “whitewash protocol.”
“The work of the military law enforcement system does nothing more than offer the illusion that Israel is fulfilling its obligations to investigate breaches of law,” the group said.“The work of the military law enforcement system does nothing more than offer the illusion that Israel is fulfilling its obligations to investigate breaches of law,” the group said.
The sharp recriminations come two years after the cease-fire that ended 50 days of fighting in the summer of 2014 between Israel and rocket-firing militant groups in Gaza led by Hamas.The sharp recriminations come two years after the cease-fire that ended 50 days of fighting in the summer of 2014 between Israel and rocket-firing militant groups in Gaza led by Hamas.
In a sign of persistent tensions, the Israeli military said on Tuesday that its air force had intercepted a Hamas drone just off the coast of Gaza.In a sign of persistent tensions, the Israeli military said on Tuesday that its air force had intercepted a Hamas drone just off the coast of Gaza.
The Israeli military rejected B’Tselem’s report, describing it as “unprofessional and rife with bias.” In a statement, the military accused the group of “waging a delegitimization campaign against Israel’s justice system, and especially against Israel’s military justice system.”The Israeli military rejected B’Tselem’s report, describing it as “unprofessional and rife with bias.” In a statement, the military accused the group of “waging a delegitimization campaign against Israel’s justice system, and especially against Israel’s military justice system.”
In an update late last month, the Military Advocate General of Israel, which supervises law enforcement in the armed forces, announced the closing of seven investigations of possible misconduct during the 2014 conflict, without charges. Several more inquiries into what the Israeli military calls “exceptional incidents” had already been closed, while other cases are pending.In an update late last month, the Military Advocate General of Israel, which supervises law enforcement in the armed forces, announced the closing of seven investigations of possible misconduct during the 2014 conflict, without charges. Several more inquiries into what the Israeli military calls “exceptional incidents” had already been closed, while other cases are pending.
So far, the Military Advocate General has issued indictments against three soldiers accused of looting and of aiding and abetting looting, and legal proceedings in the cases are in progress.So far, the Military Advocate General has issued indictments against three soldiers accused of looting and of aiding and abetting looting, and legal proceedings in the cases are in progress.
Days after the update last month, Adalah, an Arab-rights group in Israel, and the Gaza-based Al Mezan Center for Human Rights issued a report saying that they had filed joint complaints in 27 cases from the outset of the war, involving the killing of civilians and extensive damage to civilian property such as hospitals and schools. They said that the military was still investigating or had yet to respond to nearly half of those complaints, and that it was conducting the probes “in a sluggish and convoluted manner.” The military says that, in all, it has received complaints relating to 360 events. Days after the update last month, Adalah, an Arab-rights group in Israel, and the Gaza-based Al Mezan Center for Human Rights issued a report saying they had filed joint complaints in 27 cases from the outset of the war, involving the killing of civilians and extensive damage to civilian property like hospitals and schools. They said that the military was still investigating or had yet to respond to nearly half of those complaints, and that it was working “in a sluggish and convoluted manner.” The military says that, in all, it has received complaints relating to 360 events.
About 2,200 Palestinians were killed during the 2014 conflict, more than half of them civilians. On the Israeli side, 73 people were killed, most of them soldiers. A United Nations Commission of Inquiry found that both Israeli soldiers and Palestinian militants had been responsible for violations of international law that could amount to war crimes.About 2,200 Palestinians were killed during the 2014 conflict, more than half of them civilians. On the Israeli side, 73 people were killed, most of them soldiers. A United Nations Commission of Inquiry found that both Israeli soldiers and Palestinian militants had been responsible for violations of international law that could amount to war crimes.
The Constitution of the International Criminal Court stipulates that it should only intervene in cases where countries are unwilling or unable to investigate themselves. At the urging of Palestinian leaders, prosecutors at the international court have been conducting a preliminary inquiry into possible war crimes in Palestinian territories, but the chief prosecutor has not yet made a decision regarding the court’s jurisdiction to investigate events during the 2014 war.The Constitution of the International Criminal Court stipulates that it should only intervene in cases where countries are unwilling or unable to investigate themselves. At the urging of Palestinian leaders, prosecutors at the international court have been conducting a preliminary inquiry into possible war crimes in Palestinian territories, but the chief prosecutor has not yet made a decision regarding the court’s jurisdiction to investigate events during the 2014 war.
B’Tselem does not have access to military intelligence materials or other tools used by the army investigators, but it is critical of the overall system. It says the Military Advocate General faces an “inherent conflict of interest” being both in charge of investigations within the military and the body responsible for providing the military with legal counsel before and during the fighting.B’Tselem does not have access to military intelligence materials or other tools used by the army investigators, but it is critical of the overall system. It says the Military Advocate General faces an “inherent conflict of interest” being both in charge of investigations within the military and the body responsible for providing the military with legal counsel before and during the fighting.
B’Tselem added that there were no investigations of what it called “the true culprits” — government officials and senior military commanders who devised policy and were responsible for the orders — because the inquiries had been limited to isolated cases and had focused exclusively on the soldiers in the field.B’Tselem added that there were no investigations of what it called “the true culprits” — government officials and senior military commanders who devised policy and were responsible for the orders — because the inquiries had been limited to isolated cases and had focused exclusively on the soldiers in the field.
As in a previous report, B’Tselem criticized the Israeli practice of targeting residential buildings thought to be harboring militants or weapons. Two years later, it said, there had still been no investigation of the policy of targeting inhabited homes, which it said had resulted in the death of hundreds of people. In several of those cases, it said, the military had concluded that its attacks were lawful, even if the results were regrettable and the result of faulty or inadequate intelligence or of ineffective warnings.As in a previous report, B’Tselem criticized the Israeli practice of targeting residential buildings thought to be harboring militants or weapons. Two years later, it said, there had still been no investigation of the policy of targeting inhabited homes, which it said had resulted in the death of hundreds of people. In several of those cases, it said, the military had concluded that its attacks were lawful, even if the results were regrettable and the result of faulty or inadequate intelligence or of ineffective warnings.
The Israeli military said that the latest B’Tselem report rehashed old allegations and displayed “a complete lack of comprehension of the reality of combat in the Gaza Strip,” as well as a “lack of expertise in the interpretation and application of the Law of Armed Conflict in such a context.” The report, the military said, failed to acknowledge that most of Israel’s aerial attacks in Gaza in the summer of 2014, which numbered more than 6,000 over 50 days, did not result in any civilian casualties. Hamas fired thousands of rockets at Israel during the fighting in 2014.The Israeli military said that the latest B’Tselem report rehashed old allegations and displayed “a complete lack of comprehension of the reality of combat in the Gaza Strip,” as well as a “lack of expertise in the interpretation and application of the Law of Armed Conflict in such a context.” The report, the military said, failed to acknowledge that most of Israel’s aerial attacks in Gaza in the summer of 2014, which numbered more than 6,000 over 50 days, did not result in any civilian casualties. Hamas fired thousands of rockets at Israel during the fighting in 2014.
Despite the high death toll in Gaza, the chairman of the United States Joint Chiefs of Staff, Gen. Martin E. Dempsey, said in November 2014 that he believed that Israel had gone to “extraordinary lengths to limit collateral damage and civilian casualties” during the conflict and that he had sent a “lessons learned” team to Israel to study its tactics.Despite the high death toll in Gaza, the chairman of the United States Joint Chiefs of Staff, Gen. Martin E. Dempsey, said in November 2014 that he believed that Israel had gone to “extraordinary lengths to limit collateral damage and civilian casualties” during the conflict and that he had sent a “lessons learned” team to Israel to study its tactics.
The two-year-old cease-fire has largely held, but it has been punctuated by occasional border skirmishes, and Israeli military officials say that Hamas has been testing its rocket abilities. The military said that the drone shot down on Tuesday had been under air force surveillance “from the moment it took off from the Gaza Strip.”The two-year-old cease-fire has largely held, but it has been punctuated by occasional border skirmishes, and Israeli military officials say that Hamas has been testing its rocket abilities. The military said that the drone shot down on Tuesday had been under air force surveillance “from the moment it took off from the Gaza Strip.”