Not holding out hope investigations into Gaza hostilities will lead to results other than whitewash

[Jefferson23]

B'Tselem:

Published:
10 Sep 2014

In response to the MAG corps announcement detailing some of the investigations opened into "exceptional" cases during operation Protective Edge, Israeli human rights group B'Tselem stated that based on past experience, it isn't holding out hope that this process will lead to results other than a whitewash. B'Tselem announced this week that it will not assist the current military investigation mechanism, which currently amounts is nothing more than a masquerade. The organization called for the establishment of an effective, transparent and impartial mechanism. B'Tselem Executive Director, Hagai El-Ad: "The announcement demonstrates one of the current system's main shortcomings: its adamant refusal to investigate senior officials and examine honestly wide ranging policy issues pertaining to Israel's use of military force".

B’Tselem outlined three problems inherent to the system currently in place for investigating combat-related incidents:

The investigative apparatus is not structured to investigate top political and military officials responsible for policy and directives.

The MAG has a dual role: He gives legal counsel to the military before and during combat, yet is responsible for deciding on indicting those who violated the law. Where unlawful orders were issued following the MAG’s legal counsel, there is an inherent conflict of interests.

MPIU investigations focus solely on the soldier in the field. They are opened late, and the operational inquiry conducted before them allows soldiers to compare and alter their accounts of what happened; moreover, investigators often do not have access to the scene of the incident.

remainder: http://www.btselem.org/press_releases/20140910_response_to_investigations_launched_by_idf

[FBaggins]

1. There's another difference between Israel and Hamas

Israel investigates/convicts/punishes individuals who commit crimes (as with the recent arrest of two border agents and an IDF soldier who handcuffed aid workers and stole from them - or those who stole from a Gaza home) ... but some doubt their impartiality and question the results.

Hamas celebrates their war criminals.

[Jefferson23]

2. It seems you have missed the main distinctions here and where has B'Tselem suggested Hamas

has done any better? They haven't and also irrelevant.

The investigative apparatus is not structured to investigate top political and military officials responsible for policy and directives.

The MAG has a dual role: He gives legal counsel to the military before and during combat, yet is responsible for deciding on indicting those who violated the law. Where unlawful orders were issued following the MAG’s legal counsel, there is an inherent conflict of interests.

MPIU investigations focus solely on the soldier in the field. They are opened late, and the operational inquiry conducted before them allows soldiers to compare and alter their accounts of what happened; moreover, investigators often do not have access to the scene of the incident.

It should not be difficult to understand why they're concerned that a lower level soldier may take
the brunt of said policies. Israel has little to no credibility with this Israeli human rights group
because of Israel's track record on accountability.

[FBaggins]

3. I wasn't commenting on their opinion of Hamas

Nor their opinion of Israel's "track record on accountability"... just current events.

Israel tries (or pretends to try if you prefer) to deal with war criminals within their own ranks - and some don't believe that they're capable of doing it.

Hamas celebrates them. They aren't trying to "do any better". That's not "irrelevant". It's tangential to the OP... but hardly irrelevant.

Hamas' "investigative apparatus" is tied up with rounding up other Palestinians (from other parties of course) and killing them as spies. Can you point me to a Palestinian human rights group's take on whether or not Hamas has credibility in those investigations?

Don't worry... I won't hold my breath.

[Jefferson23]

4. Still insisting to focus on Hamas I see. The OP is about Israel.

Israel tries (or pretends to try if you prefer) to deal with war criminals within their own ranks - and some don't believe that they're capable of doing it.


Who is some? Which human rights groups believe Israel is capable of examining this issue without a
conflict of interest? This group has been record keeping on Israeli policy for many years and currently this is their opinion.

The investigative apparatus is not structured to investigate top political and military officials responsible for policy and directives.

The MAG has a dual role: He gives legal counsel to the military before and during combat, yet is responsible for deciding on indicting those who violated the law. Where unlawful orders were issued following the MAG’s legal counsel, there is an inherent conflict of interests.

[Jefferson23]

5. Israel: In-Depth Look at Gaza School Attacks HRW

45 People, Including 17 Children, Killed in 3 Attacks
September 11, 2014

(Jerusalem) – Three Israeli [2] attacks that damaged Gaza schools housing displaced people caused numerous civilian casualties in violation of the laws of war, Human Rights Watch said today. In the first in-depth documentation of the violations, Human Rights Watch investigated the three attacks, which occurred on July 24 and 30, and August 3, 2014, and killed 45 people, including 17 children.

“The Israeli military carried out attacks on or near three well-marked schools where it knew hundreds of people were taking shelter, killing and wounding scores of civilians,” said Fred Abrahams [3], special adviser at Human Rights Watch. “Israel has offered no convincing explanation for these attacks on schools where people had gone for protection and the resulting carnage.”

Two of the three attacks Human Rights Watch investigated – in Beit Hanoun and Jabalya – did not appear to target a military objective or were otherwise unlawfully indiscriminate. The third attack in Rafah was unlawfully disproportionate if not otherwise indiscriminate. Unlawful attacks carried out willfully – that is, deliberately or recklessly – are war crimes.

The laws of war obligate Israel to investigate possible war crimes credibly and to punish those responsible appropriately.The Israeli military said [4] that it has established a “Fact-Finding Assessments Committee” to “examine exceptional incidents” during the latest fighting, and that it had opened five criminal investigations [5], including apparently one into the July 24 attack discussed below. Israel has a long record of failing [6] to undertake credible investigations into alleged war crimes, Human Rights Watch said.

http://www.hrw.org/print/news/2014/09/11/israel-depth-look-gaza-school-attacks