It's Ironic, But Israel Will Investigate War Crimes Committed By Its Own Army In Gaza

Israel on Wednesday announced it had begun criminal investigations into five instances of possible military misconduct in the 50-day Gaza war, an implicit acknowledgment of sensitivity to the widespread criticism, even among allies like the United States, that Israeli forces had used excessive firepower in a number of highly publicized assaults in the Palestinian territory.

nytimes.com

The announcement, conveyed at a briefing by the Israeli military, came only two weeks after a cease-fire in the conflict, an unusually speedy response. But critics, including human rights advocates in Israel, said it remained to be seen whether the investigations would yield significant criminal indictments and punishments.

nytimes.com

Israel's chief military prosecutor has ordered criminal investigations into two of the most high-profile incidents in the recent Gaza war, the killing of four children in an Israeli air strike at Gaza's port and the shelling of a UN school in Beit Hanoun that left 15 people dead and scores more injured. They are among five cases being investigated for potential criminal misconduct, while dozens more are being considered for investigation.

theguardian.com

The beach killings on 16 July, which were witnessed by the Guardian, and the attack on the school on 24 July – while it was being used as a shelter for refugees – sparked widespread international controversy and calls from the UN and the US for a prompt investigation. While the Israel Defence Forces (IDF) admits it struck the port in two air strikes, a senior officer said on Wednesday it was still investigating the circumstances of the attack on the school.

theguardian.com

Some said the timing of the inquiries appeared to be an attempt by the Israeli government to pre-empt the impact of international investigations into allegations of possible Israeli war crimes committed in Gaza. They also pointed out that the cases, opened by Israel’s Military Advocate General Corps, included obvious episodes that had already drawn condemnation.

nytimes.com

The announcement of the criminal inquiry by senior officers in the IDF's military attorney general's corps comes only 10 days after Israel and Hamas agreed a ceasefire to end 50 days of conflict that claimed more than 2,000 lives. The speed with which the military attorney general has launched the investigations is in marked contrast to the conflict between Hamas and Israel in 2008-09 – Operation Cast Lead. After that conflict Israel investigated 50 incidents, leading to three convictions.

theguardian.com

Israel is also facing an investigation by the UN human rights council (UNHRC) and a separate UN inquiry ordered by its secretary general, Ban Ki-moon, into the targeting of UN schools and how Hamas weapons came to be stored in some of them. Israel has indicated it is unwilling to cooperate with the UNHRC inquiry led by Canadian judge William Schabas, accusing it of being biased.

theguardian.com

U.N. Secretary-General Ban Ki-moon told the Arabic-language newspaper Al-Hayat that the organization was mulling over an investigation into attacks on its facilities and reports that Palestinian militants used the locations to store weapons. That probe would be separate from one underway by the U.N. Human Rights Council, which is investigating possible war crimes by Israel during the fighting in Gaza, which killed more than 2,100 Palestinians.

Israeli military spokesman Lt. Col. Peter Lerner said the army’s fact-finding assessment team has received 44 complaints based on information from human rights organizations, the media and army commanders. He said that in addition to the two cases to be investigated by military police, seven had been closed and three were still pending a decision by the Military Advocate General.

“Based on past experience, we can only regretfully say that Israeli law enforcement authorities are unable and unwilling to investigate allegations of breaches of international humanitarian law committed during fighting in Gaza,” the organization said in a statement. “Should the existing whitewashing mechanism be replaced with an independent investigative body, we would gladly cooperate with it.”

nytimes.com

It accused the military law enforcement system of being a complete failure, claiming that "after examining the results of hundreds of investigations, [we] assert that the existing investigation mechanism precludes serious investigations and is marred by severe structural flaws that render it incapable of conducting professional investigations".

theguardian.com

They added: "The existing apparatus is incapable of investigating policy issues or breaches of law by senior ranking military officials, and fails to promote accountability among those responsible. The figures show that the Israeli authorities are unwilling to investigate human rights violations committed by security forces against Palestinians."

btselem.org

Hamas has been widely criticized for summarily executing suspected Palestinian collaborators with Israel.

nytimes.com

The swiftness of the self-investigation by the (Israeli) military and the publicity about it appeared partly intended to get ahead of an investigation commissioned by the United Nations Human Rights Council into allegations of possible war crimes. The Israeli government has said it will not cooperate with the United Nations mission, asserting that its mandate is biased against Israel.

theguardian.com

The investigation process may also be intended to counter threats by the Palestinian leadership to join the International Criminal Court for the purpose of holding Israel accountable for its actions as an occupying power. The court generally only investigates cases where the country involved is unwilling or unable to investigate itself.

nytimes.com