The advocate investigate unusual incidents that occurred during operation “Cliff”

הפצ”ר, אלוף דני עפרוני. צילום ארכיון: דו”ץ

So far the mechanism clearly were over 40, and more than 50 additional cases transferred for • cases will be investigated: the deaths of four children on the beach and in the UNRWA school.

תאריך: 10/09/2014, 18:02    
מחבר: מערכת אתר צה”ל

הפרקליטות הצבאית
,
צוק איתן

Lookup mechanism headed by popular will champion the adverse events occurred during operation “Cliff”, depending on the orders of Chief of general staff, General Benjamin (Benny) Gantz, given in the midst of the operation.

So far we have been clear by the more than 40 cases, and more than 50 additional cases known so far to be delivered in the near future. These cases concerned
They start the fire from the air and the ground maneuver. Among the types of cases transferred to the mechanism, we can mention are cases in which, according to the loads were civilians not involved in large-scale fighting and unexpected. It also mentioned cases caused
Damage to medical facilities or UN facilities.

At the top of the stands and OC tibon which operate multiple enquiry teams, leading each team meets senior officer, regular or reserve, in the rank of Colonel to major general.
In addition, each team is accompanied by a legal adviser from the judge advocate general,
Provides expertise and experience in international law. All the members of the mechanism were outside the chain of command during operation “Cliff”.

The engine has completed its work with regard to about 12 of the cases forwarded to him. After the Advocate General examines the data and materials gathered by the mechanism and the findings of his work, he decided to close seven cases and ordered to open investigations into both cases. Three other cases are still under examination.

Two events were transferred to a military police investigation, three cases are on the test.

Both cases are investigations are of four event
Children on the beach of Gaza, and event hit UNRWA school in Beit Hanun.

In the event of death (10.4), claims that during an IDF attack killed four children in the fishing Beach, near the port of Gaza. The factual findings by the mechanism and the judge had reasonable grounds to suspect that the attack was carried out not in accordance with
The rules require that IDF forces, ordered a judge to open a military police investigation into the circumstances of the incident.

Also, in the event the damage in the school (15.3), received reports that as a result of IDF attack killed 15 civilians. 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 by the mechanism and the judge had reasonable grounds to suspect that the event took place over the rules that the IDF forces from Greece, and a number of civilian casualties in this incident is unknown at this time, the judge ordered to open a military police investigation into the circumstances of the incident.

In addition, the judge decides on immediate police investigation without examining the joint team of three additional events.

The events are the death of a Palestinian woman in Dahaniya Airport (11.6), in which a Palestinian woman reportedly was shot by IDF after apparently moving instead of done after early against IDF coordination; The event proper behavior in relation to the boy.
17 that allegedly held by IDF forces in Khan חזע’ה and looting incident, it was reported that there is suspicion that a soldier despise looting during the operation.

Between the closed investigation: the death of hiles family

Two events which the judge advocate General (Commander) decided to close
Interrogation are the deaths of hiles family in Khan Yunis (5.4), and a vehicle attack event marked as press vehicles in Gaza City.

At last eight people allegedly killed in the air strikes. According to the factual findings indicate that the structure was implemented after this building used for military purposes by Hamas as part of the operation is prohibited.

During the attack the IDF structure, a detailed warning to local residents to evacuate from their homes. This warning included a phone call and warning arms shooting through the roof of the House, as part of a drill press, and the roof structure is the face. During the attack, and after the bomb has already been cancelled across the structure, several people predicted vacated building shortly before returning to him for reasons that are unclear. However, already at this stage it was not possible to change the aerial bomb, and these people died apparently as a result of the attack.

In this case, the judge found that the target attack procedures were inconsistent with the provisions of the law
And the rules of international law, and despite the unfortunate outcome, not fallen IDF activity defect. Accordingly, the judge ordered the end of the event handling without additional action taken against those involved. However, the judge recommended to test the operational procedures concerned and see if you can reduce the possibility of such adverse events occurring in the future.

In the case where the vehicle sank (6.0), according to reports received in the military prosecutor’s Office and in the face of human rights organizations alleged that during an IDF attack in the Rimal neighborhood of Gaza had a marked car press baby killed a person who alleges that he is a journalist.

The factual findings by the mechanism and to judge the assault.
Intention of vehicle intelligence information and evidence directly indicated that it
Used for carrying of weapons intended to be used against IDF forces later that day.

Apparently, vehicles with Simon TV to cloak military use was to transport military equipment as part of a forbidden activity characteristics of terrorist organizations in Gaza, using civilian cover for their activities as indicators. The judge found that the vehicle attack procedures were inconsistent with the provisions of Israeli law and the rules of international law, and that doesn’t fall IDF activity defect.

It should be noted that the IDF could not identify in real time the caption on the car.
That marks it as a car. Anyway, due to the use of military vehicles for transporting weapons, wasn’t in it to prevent an attack. M

Furthermore, the judge found that the assault made of real efforts to reduce civilian casualties. Thus, the suspended a short time earlier, fearing damage to the civilians who were nearby. A judge ordered the end of the event handling without taking additional measures towards those involved.

Translated from Hebrew

Source