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Analysis

BICOM Briefing: Israeli inquiries into Operation Cast Lead

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Key points

  • According to figures from the Israeli government, since Operation Cast Lead the IDF has investigated 128 accusations against its forces, leading so far to 27 criminal investigations, most of which are ongoing. To date, 70 Palestinian witnesses and complainants have given evidence to the investigating authorities.
  • Israel’s declared policy is to investigate all credible accusations against the conduct of the IDF, including those made by NGOs and the Goldstone Report.
  • The IDF Military Advocate General responsible for the investigations is subject to independent oversight by the civil Attorney General and the Israeli Supreme Court.
  • Israel has a very strong record of investigating its own military conduct and holding the military to legal scrutiny.

Israeli investigations into accusations relating to Operation Cast Lead

  • Israel’s declared policy is to investigate every credible accusation against the conduct of its forces during Operation Cast Lead. In early November 2009, the Israeli Ministry of Foreign Affairs released data of the number of investigations being looked into. According to the Israeli MFA:
    • 128 incidents have been/are being examined. These include incidents identified as being of concern by the IDF itself, or brought to its attention by individuals or by human rights reports.
    • All the incidents cited in the Goldstone Report have been or are being examined. Of 36 incidents cited by Goldstone, Israeli investigations have led to five cases being dismissed, 10 criminal investigations being opened, and 21 still under investigation.
    • In total, criminal investigations have been opened into 27 incidents, one of which has already led to prosecution and conviction. In addition to investigating the soldiers and officers involved, these criminal investigations include the taking of evidence from Palestinian complainants and witnesses. To date, 70 Palestinian witnesses and complainants have given evidence to the investigating authorities.
    • 25 incidents were examined in the course of five General Staff command investigations, which were opened following the operation. The results of the examination of these incidents are currently being scuritinised by the Military Advocate General, who will decide whether additional examination or further proceedings, including military police investigations, are warranted.
    • 28 other cases are also currently under process of examination.
    • 48 cases were closed after it was found that there was no basis for suspecting any violation of the law.

Inquiry results made public

  • Israel has already made public results from a number of its inquiries. In April the IDF released results from five ongoing internal investigations into its conduct during the operation. These five reports dealt with: incidents where UN and international facilities were fired upon; incidents involving shooting at medical facilities, vehicles and crews; incidents in which many uninvolved civilians were harmed; the use of weaponry containing phosphorous; and damage to infrastructure and buildings by ground forces. The inquiries uncovered operational mistakes and shortcomings in a number of areas. In each case, the IDF chief of staff has issued orders to address these areas of concern. However, the investigations also found that harm to civilians was not intentional but often due to Hamas taking cover among the civilian population. These inquiries are currently being reviewed by the Military Advocate General.

IDF investigative procedures

  • Responsibility for IDF investigations falls to the Military Advocate General, Major General Avihai Mandelbit, who heads an independent legal branch within the IDF. The Military Advocate General (MAG) is appointed directly by the Defence Minister and is outside the IDF command structure. He determines whether a case warrants a full criminal investigation.
  • The decisions of the Military Advocate General are subject to review by Israel’s civilian Attorney General, who is also an independent figure. A complainant or non-governmental organisation may trigger the review of the Attorney General by simply sending a letter directly to the Attorney General.
  • Both the decisions of the Military Advocate General and the Attorney General are subject to judicial review by Israel’s Supreme Court, which can be petitioned by Israelis and Palestinians alike. In a recent example, unrelated to Operation Cast Lead, as a result of a judicial review the severity of charges brought against a soldier who shot a Palestinian in the foot with a rubber bullet was increased.

Further Reading

BICOM Analysis: Israeli accountability and the Gaza conflict – 24/9/2009

BICOM Briefing: IDF Inquiries into accusations relating to Operation Cast Lead – 27/4/2009

BICOM FAQs: Why did Israeli launch a military operation in the Gaza Strip at the end of 2008 and was it legal?