תאריך: 06/07/2010, 00:00
Following an examination of the findings of the inspections, investigations and interrogations conducted in the various channels in relation to operation cast lead, decided recently the Chief Military Prosecutor, Maj. Gen. avichai mandelblit, on legal proceedings in several cases related to events that interrogation was coming to an end.
In one case the judge decides on disciplinary prosecution of a Lieutenant Colonel due to deviation from the instructions regarding prohibition of assistance army. In the event the judge decided on a second indictment against soldier with the rank of Sergeant for the offense of manslaughter. For another event decided after the judge examined the operational, to order a criminal investigation into the circumstances of the incident.
The fourth event taken disciplinary proceedings and his commanding officer with the rank of captain for failures in running professional discretion in approving of terrorist assaults.
The IDF removed because since the end of operation cast lead and commit to Chief of general staff, Lieutenant General Gabi Ashkenazi, met in a comprehensive and lengthy process and in reviewing allegations raised by various parties in which IDF conduct in operation.
He ordered the army to investigate IDF activity in all aspects of operation valuable with the belief in the moral righteousness of the IDF and the commanders and soldiers, as well as the ability to see every event, to question and to find lessons if and when necessary to take legal action. This framework has been tested
More than 150 events and opened so far nearly 50 military police investigations.
The Goldstone report published in September 2009 which presented some 30 individual events related to the IDF which most were already familiar to the IDF and were in various stages of testing before release.
Over the past few months has completed testing of most events and published the findings of the investigation and the investigations transferred to the judge’s decision and which recently concluded, as stated in the review phase. In this context, the judge summed up its conclusions about four incidents in which the nkittam of additional steps, as follows:
Majdi Abed Rabbo complaint:
This event, interest in the claims
For use of Palestinian human shields “what”, was interrogated by the military, depending
IDF interrogation policy, whereby these types of claims are forwarded immediately to the investigation.
The investigation, which included questioning of the complainant and dozens of soldiers and commanders, revealed that the battalion commander confirmed to send Palestinian inside (that resident’s House attached) where terrorist operatives in order to convince them to leave. The battalion commander, who did not present at the scene, gave the approval on the basis of reports received, according to a Palestinian resident asked several times the soldiers to do so in order to avoid destruction by the House.
After considering-on the one hand, the fact that this is a deviation from the direction of IDF and plotted in a Supreme Court ruling,
Regarding the prohibition of civilian support for operational activities; And, the fact that the battalion commander’s decision to approve the entry of a Palestinian resident of the House was accepted as stipulated in accordance with the resident’s request in order to try to avoid the destruction of his home and complex operational circumstances.
The judge ordered the position of Meg Dean.
The disciplinary procedure was held the week before the Commander northern command, major general Gadi Eisenkot, who condemned the officer was sentenced to a penalty.
The Hajaj complaints:
The original opened on the basis of grounds that appeared also in the Goldstone report, which caused their deaths of two women, on 4 January 2009, juhor a-Dick. According to the load
In the complaint, the women went in a group of civilians, some of whom carried white flags.
In the framework of
The comprehensive investigation, which investigated Palestinians who witnessed the event, as well as dozens of soldiers and commanders, there were gaps between the description of the circumstances given the Palestinians and soldiers ‘ testimonies, and there was no tie to the extent strictly required by the framing between the event described in the testimonies of Palestinians it described the soldiers ‘ testimonies.
In accordance with
The soldiers ‘ testimonies, the incident on 5 January 2009, shot a man to death in a place corresponding to the description given by witnesses.
After examining evidence gathered in the case, the judge ordered the charges to court-martial against soldier with the rank of Sergeant for the offense of manslaughter.
Based on evidence indicating that the soldier had committed deliberate without receiving an order and in violation of, toward a people group marched towards where complex
The powers (gardener), at least one of her friends was carrying a white flag.
At the same event, was supposed to tie up the required level of criminal activity among the evidence collected in the case of the soldier to the event described in the charges and evidence.
The attacks on Al-samoni family house:
According to the allegations raised by several factors, on 5 January 2009, attacked from the air House in Zeitun neighbourhood where all at the same time about 100 members of the samuni.
In view of the complexity of the case, ordered the army on testing research framework.
After examining the findings of the investigation, the judge ordered to open a military police investigation into the circumstances of the incident. The findings of the investigation will be delivered to the judge’s decision.
Ibrahim El kadema Mosque:
About Ibrahim Mosque attacked to prelude during operation cast lead was tested for the first time under one of the experts on edit investigations ordered Chief of the operation. It’s not all investigation detected an attack made against the mosque, based on aerial photographs of the mosque which probably won’t hurt.
After examining the findings of other reports that have been published by various organizations (some only after completing their investigation), the event will be tested again within of
More expert research.
During this investigation, it was found that the attack was carried out near the mosque (actually, update
It was the first report of the State of Israel to the UN). Intent to attack a terrorist operative who was involved in firing rockets into Israel, which was at that time outside the mosque.
The attacks on people who were inside the mosque caused in tune as a result of shrapnel that penetrated
At the same time, the inquiry has raised certain failures starting the professional discretion by the officer who ordered the execution. A Chief ordered to take a significant step of commanding officer, which will be used more in similar positions in the future. In addition, the officer was prosecuted for negligence, disciplinary action against the Commander of the training center, Brigadier General AVI Ashkenazi, who condemned the officer sentenced to the penalty of reprimand.
As is customary,
The findings of the investigation were transferred to the judge after examining the findings, the judge held that despite the failures, it is impossible to determine that the attack violated the laws of war in international law, given that no intention to attack the mosque, but moved toward terrorism as stated and approved seven observed the possibility of civilian casualties. Accordingly, the judge found that there was no room for additional legal action following the incident.
It should be noted,
That other events covered by the JAG, it was decided that there is no room for additional steps, because the task forces corruption dropped made under martial law; In other cases, the investigation found sufficient evidence, legal support, and so on.
IDF Israeli army sent to mentioned that after eight years in which hundreds of thousands of citizens found Israel in southern Israel communities around the Gaza Strip under Hamas’s cruel attack,
Including ongoing rocket fire. Despite the shooting, Israel took the position of restraint.
And self restraint for a long time. Since the Hamas takeover of Gaza, follow the terrorist organization to implement a military values and his terror infrastructure in the heart of residential neighborhoods, using the Gaza population as human shields. Operation cast lead was limited in scope and powers. IDF forces operated in reality security consists in a built-up area densely crowded when the cynical way Hamas exploited the civilian population.
Hamas acted deliberately out of homes, schools and kindergartens, mosques, hospitals and the facilities or when Gazans hostage pointers “terrorist organization service.
|Link to file:
Select resource gallery
Select an existing page in the system.
Translated from Hebrew