BICOM

The Israeli State Comptroller Yosef Shapira yesterday published the latest instalment of his ongoing examination of Operation Protective Edge that was fought between Israel and Hamas in July 2014.

The report found that Israel is committed to compliance with international law governing armed conflict and Israeli military action is guided by two major principles; distinction (only military personnel or military sites are targeted) and proportionality (harm to civilians must be proportional to the expectation of military benefit from the action). The report does however make a number of recommendations to avoid civilian casualties and increase understanding of international humanitarian law in armed conflicts. Recommendations include increased training for Israeli officers in humanitarian law in armed conflict, greater integration of civilian issues within military exercises, extensive plans for humanitarian aid and dealing with humanitarian issues and embedding legal advisors closer to combat soldiers to advise on legal issues.

The  State Comptroller is also critical of the Israel Defence Force’s (IDF) so called Hannibal protocol – the operation implemented if a soldier is abducted. The Hanibal protocol was used on August 1, 2014 in Rafah when the army used massive force to try to prevent the abduction of Lt. Hadar Goldin. Dozens of Palestinians died during the fighting to prevent Lt. Goldin’s capture, including civilians and the incident is still under investigation by the Military Prosecutor’s Office.

Analysing the latest report, Amos Harel wrote in Haaretz that its true audience is the international community.  He said the message being sent is that “the security cabinet weighed the legal aspects before ordering the operation in Gaza; the army tried to play by the rules and it investigated itself thoroughly after the war was over. In other words, there is no reason for international legal bodies to launch legal proceedings against senior Israeli officials because Israel deals with its exceptions as required.”