The judge closed the investigation against the former Givati report

אל”מ אילן מלכא. צילום: זרוע היבשה

After an investigation determined that the judge advocate Col. Ilan Malka is not responsible for the deaths of Palestinians during cast lead

תאריך: 02/05/2012, 10:22    
מחבר: מערכת אתר צה”ל

The judge advocate general, Brig. Gen. Danny Efroni, decided to close the investigation against the former Givati report Colonel Ilan Malka, in the deaths of 21 members of the samuni in Gaza during operation cast lead. The investigation on the subject opened after received reports and various complaints regarding attacks carried out in day 5/1/2009, in the Zeitun neighborhood of Gaza City, during operation cast lead (27/12/2008-18/1/2009)
Which according to the loads as a result of which caused the deaths of 21 Palestinians not participated directly in the fighting and dozens more were injured.

Following the event, and research conducted after reviewing its parent advocate
The main (JAG) Minister for criminal investigation of the military police ().
The investigation was being conducted, a thorough, and despite the difficulties and the challenges bachkirt
Operational events occurring during combat, failed to disclose that to a great extent.

The findings of the operational and the criminal investigation Chief, which were decided in light of professional failures, the Commander of the Givati Brigade’s conduct at the time of the event (48), Col. Ilan Malka, a command step against him, and ordered that he not be promoted more at the operational command.
At the same time, based on the findings of the investigation, the criminal responsibility of the judge the brain causing the deaths of Palestinians not participated directly in the fighting, after it was found that all the attacks were carried out during the event in order. This test was done according to Israeli penal law and in the light of the principles and rules
Of the laws of war, as the characters ‘ behavior standard “military commander” in decision-making.
In the opinion issued recently, the judge found, primarily because the investigation entirely bucked the severe charges in hotacho by various factors that the attacks perpetrated intentionally aimed directly against civilians not taking part in hostilities directly or made out of recklessness or frivolous in relation to the possibility of civilians getting hurt stated as a result of these attacks. As a base, also charges that on this occasion were war crimes, which according to international law for developing
Mental element required of thought.
The judge found that in the event the complaint which affected subject civilians who directly participated in hostilities all parties involved –
Particularly happy – not used in negligence under the circumstances, the founder of criminal responsibility for them. Although some of the decisions that got the bone marrow during the event were wrong,
And was it to drive differently, the judge found that these decisions against the compound.
The discretion of “military commander” in similar circumstances.
In this context, the judge emphasized that the operational circumstances of operation cast lead, in General, which was conducted mostly in densely populated urban environment, and in particular of the focal event guest reviews, which preceded shooting RPG IDF forces in the area, about how the decisions examined was happy during the event. As the intensity of the situation, and would the operational challenges that it poses and the risks to our troops, the more meaningful consideration compound reviews “the military commander” in wider circumstances.

In the end, the judge decides that there is no room to take any legal action in relation to the factors involved in the incident, and ordered the closing of military records in his decision the judge gave his opinion also noted command step against, as stated above.
With that, the judge said that the case is a predicate requires lessons in institutional level, to prevent recurrence of similar incidents in the future. In this context the Chief Judge before a series of recommendations in various aspects, which were already in work.

Translated from Hebrew