תאריך: 11/06/2015, 20:48    

Depending on the policies of Israel Defense forces driving transparency in testing and investigation of unusual events that occurred during a “Cliff” (July 7, 2014 – 26 August 2014) (hereinafter: the operation), and to previous updates, was allowed to publish information of interest to the judge’s decisions of individual events.

The military prosecutor’s Office continues to receive complaints regarding alleged occurrence of unusual events. Many of these complaints are served on behalf of Palestinians in the Gaza Strip, or by non-governmental organizations – Israelis, Palestinians, or international waters. So does advocate actively, in order to identify cases requiring an examination or investigation. Any information or complaints of alleged misconduct through the preliminary examination in order to assess credibility and concrete. It is that they trusted them, and concrete enough, they are moved to the army to decide whether to open a criminal investigation or alleged case to determine the Joint Chiefs for factual examination.

As I posted previously, Chief of the General staff, General Benjamin (Benny), Gantz, in the midst of the operation, that the mechanism of popular enquiry, led by champion, will the adverse events occurred during the operation. The Mission of the joint mechanism is gathering data and relevant materials, and learn facts about unusual events that have occurred
During the operation. So, in order to provide the army’s complete information as possible to enable him to decide.
If there are grounds for a criminal investigation, and for the lessons and operational recommendations to help prevent future adverse events. At the top of the engine is the Joint Chiefs Gen. Yitzhak Eitan, who was not part of the chain of command.

So far, for clarification by the joint mechanism claims in relation to 190. Of these, 105 cases already examined and referred to a judge for a decision. From these events, compared to seven the judge events to open a criminal investigation. Some of these investigations are conducted, some subtle completed and mtzayan in the judge’s examination, and some have already accepted the judge’s decision.

In relation to other events 19 judge decided on treatment without opening an investigation.
, After the review findings and the material collected by the engine and found there activities of IDF forces involved to reasonable suspicion for committing a criminal offense.
At the same time, in relation to some of these events finds it appropriate to recommend that the army lessons learned from different operations. In relation to certain events was decided on when the case is
That was not recognized any involvement of IDF troops in the incident. In relation to some of the events that have been tested and were referred to, the JAG that he needed more information to make a decision and thus were these events to complete. Dozens of other events still are in various stages of testing by the mechanism, and their findings will be delivered to the JAG.

In addition, following the allegations that established on reasonable suspicion to resist committing a criminal offense without having clearly by the joint mechanism, so far the judge has ordered to open a criminal investigation in relation to 15 events. From criminal investigations, the judge decides on the closure of two without being criminal or disciplinary measures.
Following another criminal investigation, the judge decided on filing charges against three soldiers
The IDF, as detailed below. Other proposals or conduct investigations completed and mtzayan were transferred to JAG.

All criminal investigations are conducted thoroughly and efficiently by a special investigation team in the military police () to investigate the alleged incidents
During operation “Cliff”. This team has so far collected testimonies from soldiers and commanders, and many took the testimonies of dozens of Palestinians from the Gaza Strip who witnessed some of the events.

In relation to events about received referrals, responded to an organization or person, which may be obtained on the decision to judge about the judge’s decision in the procedure, available to the Attorney General. This procedure was recently docked at the prompt of the Attorney General.

Further to previous updates below are permitted to publish information about additional resolutions received by the JAG in relation to individual events.

 

Permitted to publish information about additional resolutions received by the Chief Military Prosecutor in relation to individual events:
 

Cases examined by the joint mechanism, in which the judge decides on the closure

1. allegation regarding the deaths of 15 people in an attack on a building in Gaza City’s Al-Salam (July 21, 2014)
In reports
Operations received the judge’s references, and non-governmental organizations, on July 21, 2014, 15 people were killed as a result of the aerial assault of Islam in Gaza City by the IDF in the references, those killed after the building vacated their homes in areas where the fighting took place. Consequently, and in accordance with the policies of the judge’s investigations, it was decided to transfer the case to the joint mechanism.

The factual findings gathered by the mechanism and the JAG, day 21 July 2014, the IDF attacked from the air the Sha’ban, Commander dahduh, the corresponding ranking to the terrorist organization, the Palestinian Islamic Jihad, while the Office building alsalam. The attack was carried out late in the evening, set operations, as based on recent intelligence information that the building, which was known because it serves as an office building, are found in these times. The strike also was designed in such a way – in terms of armaments chosen and how the attack – so that harm local structure in the area where the strike target. In order to minimize possible damage to the casual
Incurred as a result of the attack, without blocking success. Unfortunately, in practice, half an hour after the attack, collapsed the upper floors of the building in unexpected, and not according to plan. As a result of the attack killed senior military activist, alleges that with 14 other civilians were killed, most of them relatives and which killani derbas, according to complaints received by the Office of the judge advocate, on the same floor in the building in which he was staying objective.
Following the event, the operational lessons learned regarding the IDF’s air assault in similar cases, which have been implemented already during the operation.
 
After examining the factual findings and materials collected by the joint mechanism, the judge found that the order procedures were inconsistent with the provisions of Israeli law and the rules of international law. The decision to attack was made by the competent entities and is a valid objective intent – Commander senior Islamic Jihad, that killed in practice as a result of the attack. The attack increased in line with the principle of proportionality, since when considering it, estimated that the extent of the damage won’t be anticipated casual overpriced in relation to the expected military advantage to get her and it wasn’t impossible circumstances likely. Moreover, the asault in taking precautions to minimize the impact for casual talk, including choosing ordnance used and how. The actual injury on civilians not involved in hostilities is unfortunate, but
Does not throw in retrospect about the legality of the strike action.

On the background, the judge did not find that IDF activity stimulates reasonable suspicion to a criminal offense. A judge ordered the end of the event handling without opening a criminal investigation and not take steps towards those involved.

2. allegation regarding the death of אלנג’אר family in Khan Yunis (30 July 2001)
In reports
Received in the military prosecutor’s Office, as well as of non-governmental organization said that on the day 29
In July 2001, eight people were killed as a result of an aerial attack of the אלנג’אר by the IDF. Consequently, and in accordance with the policies of the judge’s investigations, it was decided to transfer the case to the joint mechanism.

The factual findings gathered by the mechanism and to judge that at the time
The supposed IDF military חמ”ל attack of a placed Hamas in Khan Yunis and Hamas activists who man the military situation at the time of the attack. During the planning process, the estimated that there might be a few people, but the harm as possible which would not be excessive in relation to the significant military advantage expected to be obtained as a result of the attack. The building was designed with armament and that to achieve the purpose of reducing attack operational impact as possible in adjacent buildings.
As a result of the attack killed eight people, including two Hamas activists, Issam Muhammad ‘ ATA ‘ and ‘ Muhammad ‘ ATA אלנג’אר אלנג’אר.

After examining the factual findings and materials collected by the joint mechanism, the judge found that the strike cost procedures comply with the provisions of Israeli law and the rules of international law. The decision to attack was made by the competent entities and legal assault against intent to attack. The attack increased in line with the principle of proportionality, as when considering the estimated that the extent of the damage resulting from the possible casual attack will not be excessive in relation to the expected military advantage to get her and it wasn’t impossible circumstances likely. In addition, the attack was carried out
After you have taken any precautionary reduction of possible harm to civilians, with an emphasis on staying in adjacent buildings. Another is that individual warning before the attack the building wasn’t obliged legally and was expected to frustrate the purpose of the attack.

On the background, the judge did not find that IDF activity suspicious investigations likely foul play. A judge ordered the end of the event handling without opening a criminal investigation and not take steps towards those involved. The side judge, found it necessary to recommend to the commanding IDF to refine several aspects relating to the implementation of the provisions of the relevant operational, with an emphasis on improving the documentation of the planning processes of attacking such targets.

Event that has been tested by the army and the judge ordered a police investigation of his business.
3. allegations of the deaths of nine people as a result of injury at the coast of Khan Yunis (July 9, 2014)
In reports
Received the judge’s references, and non-governmental organizations, claims that during an air assault of 9 July day in 2014, killed nine people in the House.
Coffee at the beach in Khan Yunis. Consequently, and in accordance with the policy of investigation judge
It was decided to transfer the case to the joint mechanism.

The factual findings by the mechanism and the judge established a reasonable basis
The suspicion that the attack was carried out not in accordance with the rules that IDF forces from the army, ordered to open a military police investigation into the circumstances of the incident.
Events that advocate general ordered investigations of their cases without examining the Joint Chiefs staff

4. allegations of beating arrest a resident of juhor aldic (28 July 2001)
Following
Getting juhor aldic resident’s face, through his representative, after his arrest by IDF forces he was beaten without justice, the judge ordered to open a military police investigation into the circumstances of the incident.

5. allegation regarding firing toward a clinic (July 23, 2014)
Following publications
The media according to IDF forces apparently fired knowingly tank shells toward a clinic
Him fired that led to the death of IDF officer on the day prior to the event, the judge ordered on
A police investigation into the circumstances of the incident.

The incident was investigated in police investigation and the judge decided on the access charges thereon

6. allegations of looting in which John (20 July 2001)
As reported previously,
Following an operational reporting on suspicion that the soldier looted cash, the judge ordered, during the operation, to open a military police investigation into the circumstances of the incident. Military police investigation was completed after the movement test findings, he ordered three filing charges against three soldiers involved in the incident. Two soldiers are charged with $ money $ 2,420 bizat from which took in the jungle, and another accused soldier assist in committing the offense. Two of the defendants was further jamming offense moves
Investigation. During the criminal investigation, efforts to locate the owner, both to collect testimony and in an effort to regain his money had accused get convicted on charges against them. These efforts are unsuccessful, but after sufficient evidentiary bossa the filing of indictments.
Investigations completed and Bob decided to close the investigation

7. the claim relating to the deaths of four children in Gaza’s Beach (16 July 2001)
As
Previously reported, reports received in the military prosecutor’s Office and with calls from non-governmental organizations, claims that during an IDF attack on 16 July 2014, killed four children (‘ ETAF ‘ Baker ‘ Baker, Mohammad Zakaria Ramez Baker and Ismail Muhammad Bakr) at the beach near the fishing port of Gaza. Consequently, and in accordance with the policy.
The JAG, it was decided to transfer the case to the joint mechanism. The factual findings and materials gathered by the mechanism and presented to the judge, reasonable grounds to suspect that the attack was carried out not in accordance with the rules that IDF forces, ordered.
The judge advocate General to open investigations into the circumstances surrounding the deaths of four children.

Military police investigation was completed recently, and after examining the findings, Advocate General, decided to close the investigation, without suspicion of committing a criminal offense by IDF soldiers.

The investigation was thorough and comprehensive. Which collected the testimonies of many soldiers and the IDF officers who were involved in planning and carrying out the attack. It also examined numerous documents relating to assault, videos documenting the assault, as well as photographs and videos that documented parts of the event. In addition, Czech investigators made efforts to collect testimonies of Gazans who were, allegedly, witnesses to the event. In this context, no evidence of coordinated collection three Gazans, but despite the preliminary coordination, chose not to meet with investigators, and with statements regarding the incident.

The factual findings collected by Czech investigators revealed that the incident took place in an area that has been known for a long time as marine police compound and the Hamas force (Marine Commandos) used only terrorist organizations. It is a compound that stretches along the beach in Gaza City, a framed and clearly separated from the beach
Used by the civilian population. Another cost of the investigation (many of the statements of the Palestinian witnesses provided machete), because the complex is known to Gazans as premises used exclusively the Hamas naval police, IDF carried out several attacks in the days leading up to the event. During one of these attacks, a day before the event (July 15, 2014), attacked a container in the compound, which was used to store weapons and equipment.

Close before the event crystallized intelligence, insight that activists of the Hamas force will enter the military compound to prepare for combat against the IDF action in July 16, aerial observation measures identified several figures who came running.
The characters entered the shed attached to the container which was attacked the day before. Against the backdrop of insight
The intelligence, estimated that the operators of the power of Hamas, which came to the compound to prepare for combat against the IDF action in any stage of the event identified the characters as children.

In light of the above, it was decided to attack the detected characters, once received all the approvals required for the assault and verifying that there are no civilians in the area. From one of the bed identified the remains of container that was attacked the day before an event, one missile from the air into the container and the awning attached to it. As a result of this shooting, apparently, one of the characters is detected. After the shooting, the other characters began to run towards the exit of the complex. Next before leaving the complex, shot past another missile from the air that hit
After they set out from the complex. After the event, that unfortunately, as a result of attacks killed four children who entered the complex for some reason is unclear. From the investigation that in the circumstances, it was not the people who were involved in the attack to identify images viewed via an aerial viewpoint as children.

After examining the findings of the investigation, the judge found that the strike cost procedures comply with the provisions of Israeli law and the rules of international law. The decision to attack was made by the competent entities, and the attack against the intention they evaluated the activists of Hamas convened to prepare for combat against the action.

Upon receipt of the decision to attack was not to evaluate the operational factors, is likely to cause harm to civilians or casual civilian property.
Like
Yes, asault of employing various precautions to prevent civilian casualties, among others by selecting type armament was not expected to cause harm to civilians, and performing real time observation. The judge found that the discretion of commanders who were involved in the incident was not reasonable under the circumstances. While in retrospect it became clear
Because the evaluation identified figures are activists of the Hamas force was erroneously.
However, the unfortunate outcome of the event does not have to throw on the legality of the attack.

On the background, the judge ordered closed the investigation without taking legal action
– Disciplinary or criminal – in relation to those involved in the incident. At the same time, inter alia as a result of the incident, the IDF works to improve operational capabilities, including the technological aspect, in order to reduce as much as possible the recurrence of similar tragic incidents in the future.

Translated from Hebrew

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