Operation Protective Edge: IDF Spokesperson Announcement - Decisions of the IDF Military Advocate General Regarding Exceptional Incidents that Occurred During Operation Protective Edge (Parts 1, 2 & 3)
(December 6, 2014) (March 20, 2015)
Part 1. For parts 2 and 3 scroll down or Click Here or Here.
Following the IDF commitment to review, investigate and examine exceptional incidents reported during and after operation Protective Edge, the Military Advocate General, Major General Danny Efroni, has announced that the IDF will carry out eight additional criminal investigations. Three following the Fact Finding Assessment Mechanism and five based on the MAG decision in incidents that did not require further examination by the FFAM. These investigations are pursuant to the existing five that have previously been announced. Also, General Efroni reviewed, decided and approved for publication specific information on the findings and materials of seven alleged reports of fault in conduct of IDF forces. General Efroni did not find that the forces' actions in these reported incidents appeared to substantiate reasonable grounds for suspicion of criminal behavior, and therefore there is no basis for an investigation. This is in addition to two cases closed and the specific information that has been published and previously reported. The information regarding all of the specific incidents has been approved here for publication.
Major General Danny Efroni: “During and in the aftermath of the operation, the Military Advocate General received complaints regarding alleged incidents on behalf of Palestinian residents or by non-governmental organizations, Israeli, Palestinian and international. Each complaint or piece of information suggesting a fault in conduct of IDF forces undergoes an initial examination in order to determine the credibility and concrete nature of the allegation. Also, the IDF established a Fact Finding Assessment Mechanism that is tasked with collating information and relevant materials in order to assess the facts of individual incidents that the MAG will be able to reach decisions regarding whether or not to open a criminal investigation, as well as for the purpose of a 'lessons-learned' process and the issuance of operational recommendations that will assist in preventing exceptional incidents in the future”.
Allegations with regard to approximately 100 incidents have been referred by the MAG for examination by the FFAM. Approximately 85 of incidents are currently under various stages of review.
Additional information follows below.Incidents Concerning Cases Closed by the MAG Following a Fact-Finding Assessment by the FFAM
1. Allegation Concerning an Attack on a Senior Commander in the Palestinian Islamic Jihad, Hafet Hamed (8 July 2014) –
In reports received by the MAG Corps, and in correspondence from various NGOs, it was alleged that on 8 July 2014, six members of the Hamed family were killed as a result of an IDF strike on their home (later correspondence from NGOs alleges that seven people were killed). As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examinations by the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, the attack was directed against Hafet Hamed, a senior military commander (equivalent to a battalion commander) in the Palestinian Islamic Jihad terrorist organization, as well as against a number of other terrorist operatives present with Hamed outside his home, understood to be taking part in an operational briefing prior to conducting military operations against Israel. The attack was carried out using precise and relatively low-explosive munitions, in an effort to minimize the risk of harm to civilians who may have been in the vicinity of the targets. After the attack, from the seven people allegedly killed in the attack, it was found that at least three of them belonged to Palestinian terrorist organizations. It should be noted that at the time of the attack no additional persons were identified in the vicinity of the operatives' group, and on the basis of the factual findings, it is not completely clear how civilians were harmed during the attack. It cannot be ruled out that these civilians were present in a nearby area, not visible to IDF forces, and were harmed as indirect result of the attack.
After reviewing the factual findings and materials collated by the FFAM, the MAG found that the targeting process followed in this case accorded with Israeli domestic law and international law requirements. The attack was directed against military objectives, while adhering to the requirements of the principle of proportionality, and the decision to execute the attack was made by the authorities authorized to do so. The MAG further found that the attack was carried out together with significant efforts to minimize civilian harm.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
2. Allegation Concerning a Strike on a Red Crescent Station in Jabalya and Harm Caused to Red Crescent Personnel (9 July 2014) –
The MAG Corps received allegations from a number of NGOs that in the nighttime hours of 9 July 2014, a number of persons working at a Red Crescent station were wounded (the various reports differ with regard to the number of wounded persons, with allegations starting from three wounded and varying up to 15 persons, and also differ with regard to the severity of their wounds, with some allegations of minor wounds caused and others claiming moderate wounds caused) and three ambulances were damaged, allegedly as a result of an IDF strike on agricultural property near the station. Subsequently, in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
According to the factual findings collated by the FFAM and presented to the MAG, Palestinian terrorist organizations had positioned rockets aimed at Israel in underground rocket launching sites a few tens of meters away from the Red Crescent station. The location of the station was known to the IDF forces and was marked in the IDF's operational systems as a "sensitive site", which receive special consideration. The rockets and the launchers that were hidden in the underground launch site next to the station were attacked by the IDF, together with an effort taken to avoid any harm to civilians and to the nearby Red Crescent station. This included selecting the time for attack (at nighttime) and employing appropriate munitions, in an effort to ensure that any damage caused to adjacent buildings, and persons potentially located inside them, would be minor, at most. In actuality, it appears that besides the destruction of the military target, incidental damage was caused to the Red Crescent station, workers inside the station were possibly injured, and ambulances at the location suffered indirect damage resulting from the attack – seemingly as a result of objects that were thrown by the force of the blast.
After reviewing the factual findings and the material collated by the FFAM, the MAG found that the targeting process accorded with Israeli domestic law and international law requirements, and included significant efforts to minimize harm to civilians. The MAG further found that the damage caused to the Red Crescent station was unavoidable considering the proximity of the rockets placed by the Palestinian terror organizations only a few tens of meters from the station.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
At the same time, the MAG recommended to the relevant IDF operational entities that they consider specific amendments to the target planning process, which may assist in further minimizing the potential collateral damage resulting from IDF strikes on military objectives located in close proximity to sensitive sites.
3. Allegation Concerning Two Female Casualties at the 'Alambra Association' in Bet Lehia (12 July 2014) –
According to correspondence and reports from various NGOs, on 12 July 2014, two women were killed and four others injured as a result of an IDF aerial strike on a care centre for the mentally and physically disabled, belonging to the 'Alambra Association', in Beit Lehia. As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examination by the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, the strike was directed at a weapons depot located inside the residential home of a senior Hamas commander, in a building comprising of four apartments. While the operating forces were aware of the existence of a kindergarten in the same building, close to the weapons depot, there was no information indicating the existence of a care center.
Prior to the attack a number of precautionary measures were undertaken in order to minimize potential civilian harm – including several attempts to telephone the residents of the building and the firing of two warning projectiles towards the structure (as part of the 'knock on the roof' procedure). No reaction was identified by the residents, and no presence of persons at the site was discerned prior to the attack. As an additional precaution, the attack was carried out late at night, in order to avoid any possible harm to children attending the kindergarten during the day.
The findings further indicated that at the time the attack was decided upon, the operational assessment concluded that, as none of the precautionary measures resulted in any response, no civilians were present and no civilians were expected to be harmed as a result of the attack.
In light of these factual findings, the MAG found that the targeting process followed in this case accorded with Israeli domestic law and international law requirements. The attack was directed against a military objective, while adhering to the requirements of the principle of proportionality, and the decision to attack was made by the authorities authorized to do so. Further, the MAG found that the attack was carried out after a number of precautions were undertaken intended to minimize the potential for civilian harm, and that the professional assessment at the time of the attack – that civilians would not be harmed as a result of the attack – was not unreasonable under the circumstances. Although seemingly civilians were harmed as a result of the attack, this is indeed a regrettable result, but it does not affect its legality post facto.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
4. Allegation Concerning a Strike on an Ambulance in Bet Hanoun (22 July 2014) –
Correspondence from an NGO alleged that in the morning hours of 22 July 2014, the IDF "struck three ambulances that were involved in the evacuation of wounded persons east of the industrial area of Bet Hanoun. One of the wounded persons in an ambulance was killed and the three vehicles were seriously damaged". As a result, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
Following a thorough review conducted by the FFAM with all the forces identified as operating in the relevant area, such a strike by IDF forces operating in that area could not be identified. Likewise, and in contrast to other complaints concerning similar incidents, no report could be located from the time of the incident indicating that harm had been caused to a rescue crew. In turn, the FFAM did not dismiss the possibility that damage, insofar as such occurred, was the result of activity other than that of the IDF. Under these circumstances, considering the complaint could not be sufficiently substantiated and insufficient details existed in order to identify the incident, the MAG ordered that the case be closed. However, the MAG instructed that if additional information in the future allows for sufficient identification of the incident, a further examination of the incident will be considered.
5. Allegations Concerning Attacks on Al-Wafa Hospital (11-23 July 2014) –
In reports received by the MAG Corps, and in correspondence from various NGOs, it was alleged that the Al-Wafa Hospital was unlawfully attacked by IDF forces on a number of occasions between 11-23 July 2014. As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examination by the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, Palestinian terrorist organizations used the hospital compound for a range of varied and multiple military purposes throughout the period noted above, as well as beforehand. Such, it was found that Hamas used structures in the hospital for positioning surveillance devices so as to track IDF operational activity, that the hospital structures were used on multiple occasions as firing positions towards IDF forces, and that rockets were launched from the immediate vicinity of these structures. Further, according to materials presented to the MAG, reliable information indicated that the sole use that was made of the hospital, from a certain date onwards, was for the military purposes of Hamas, by Hamas' military operatives. At this point, the hospital had already been evacuated of all civilians – patients and staff.
According to the factual findings, on a number of occasions during this period IDF forces were forced to return immediate fire, in a discerning and precise manner, towards sources of attacking fire that posed a serious and immediate threat to those forces. The MAG is not aware of any civilian harm resulting from these incidents. At the same time, in light of the ongoing and widespread military use made of the hospital by Hamas, a number of warnings were provided by the IDF to official entities in the Gaza Strip and to the Palestinian Authority, as well as to international organizations, requiring that the military use of the hospital be ceased.
On 23 July 2014, after these warnings went unheeded and after fire was again directed at IDF forces from the hospital, it was decided to attack the hospital. The attack was only carried out after the IDF had ensured a number of times, that all civilians had evacuated the hospital and that the hospital was being used at that time solely for military purposes.
After reviewing the factual findings and the material collated by the FFAM with regard to each and every incident of attack, the MAG found that, with exception to one instance which will be discussed below, the attacks were conducted in accordance with Israeli domestic law and international law requirements. The attacks were directed against military objectives, while adhering to the requirements of the principle of proportionality. Likewise, the MAG found that the attack was executed only after various precautions were undertaken, with significant efforts to minimize civilian harm. With regard to the incidents where IDF forces were faced with a serious and immediate threat to their lives, the forces returned fire immediately towards the source of the attacking fire, in a precise and discerning manner, and without harming civilians. The structures in the hospital compound were attacked and destroyed only after advance warning had been provided as required under international law, and no civilians were present at the time. The decision to attack was made in a careful and reasoned manner by the authorized authorities, after Hamas disregarded advance warnings and continued in its military use of the hospital compound, thereby resulting in the loss of the special protection from attack provided to the hospital under international law.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
At the same time, the MAG found that one of the attacks, occurring on 11 July 2014, and directed against military surveillance equipment placed by Hamas on the roof and uppermost floor of one of the hospital's buildings, was seemingly carried out without advance warning. It should be noted that this attack was directed at a defined point on one of the buildings in the hospital compound, where it was known that no patients or medical staff were present at the time, and that the attack was planned and carried out in such a manner so as to strike only the surveillance equipment and its immediate vicinity, without causing any collateral damage to civilians or adjacent buildings. Since this incident did not establish a serious violation of the law of armed conflict which requires criminal investigation, and in light of the other circumstances of the incident, the MAG found that there were no grounds for a reasonable suspicion of criminal misconduct in this incident. However, the MAG recommended that the Chief of General Staff examine the reasons why the relevant authorities did not provide the required advance warning and to take measures where deemed appropriate. In addition, the MAG recommended that the Chief of General Staff provide a clarification in the relevant IDF regulations reflecting the requirement to advance warning prior to an attack against a medical facility being used for military purposes.
6. Allegation Concerning a Strike on the Al-Shifa Hospital and a Park in the Shati Refugee Camp in the Gaza Strip (28 July 2014) –
Various media reports alleged that on 28 July 2014, an incident occurred involving a strike on medical clinics belonging to the Al-Shifa Hospital, as well as a strike on a park where children were present in the Shati Refugee Camp, and as a result of which ten persons (including nine children) were killed and tens injured. Some of these reports alleged that the strikes were carried out by the IDF. As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examination by the FFAM.
Following a thorough review conducted by the FFAM, such a strike by IDF forces could not be identified. However, Israel's technical systems recorded in real-time the path of a salvo of missiles fired from within the Gaza Strip, seemingly by Hamas or Palestinian Islamic Jihad, which landed in the medical clinics and in the Shati Refugee Camp at the time of the alleged incident. Under these circumstances, and in light of the fact that the strike on the hospital was the result of rocket fire from Palestinian terrorist organizations, the MAG ordered the case to be closed.
7. Allegation Concerning a Strike on the UNSCO Headquarters in Gaza City (29 July 2014) –
In a report received by the MAG in real time, it was alleged that the UNSCO (United Nations Special Coordinator for the Middle East Peace Process) headquarters were damaged by IDF shelling. The report claimed that several shells fell in the headquarters compound, which caused damage to buildings in the compound and one of the organization's armored vehicles (it was not claimed that any persons were harmed in the incident). As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examination by the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, no high-explosive shells were fired by IDF forces in that area during that time, rather only illumination shells, intended to illuminate the area as part of an effort to disrupt mortar and rocket fire towards IDF forces and Israeli territory. According to an assessment of the relevant operational authorities, it is possible that the UNSCO headquarters may have been damaged as a direct or indirect result of the ogive (casings) of such shells falling randomly within the compound. The FFAM found that at no time during the Operation were the UNSCO headquarters directly targeted.
The MAG found that the use of illumination shells in this incident was employed for a proper military objective and was conducted in accordance with Israeli domestic law and international law requirements. The incidental and unintended damage to the UNSCO headquarters is a regrettable though possible outcome, considering the fierce and intense fighting taking place in the Gaza Strip (insofar as the damage was indeed caused by the illumination shells). Nonetheless, such incidental damage does not affect the legality of the employment of the illumination shells.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
Incidents into Which, Following an Assessment by the FFAM, the MAG has Ordered Criminal Investigations
1. Allegation Concerning the Death of an Ambulance Driver in the Khan Yunis Area (25 July 2014)–
Operational reports indicated a suspicion that on 25 July 2014, at approximately 23:45, an ambulance driver in the vicinity of Khan Yunis was fired upon by IDF forces, and killed as a result. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The factual findings and the material collated by the FFAM and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that the incident involved a deviation from the rules and procedures applicable to IDF forces. As a result, the MAG has ordered a criminal investigation into the incident.
2. Allegation Concerning the Death of an Ambulance Driver in the Vicinity of a Hospital in Beit Hanoun (25 July 2014) –
In reports received by the MAG Corps, and in correspondence from various NGOs, it was alleged that on 25 July 2014, at approximately 17:28, an IDF strike resulted in the death of an ambulance driver. As a result, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The findings and the material collated by the FFAM did not provide sufficient information as to the allegations arising from the reports and the NGO's claims. As a result, the MAG has ordered a criminal investigation into the incident.
3. Allegation Concerning the Deaths of 27 Civilians in the Abu-Jama House in Khan Yunis (20 July 2014) –
In reports received by the MAG Corps, and in correspondence from various NGOs, it was alleged that on 20 July 2014, 27 civilians were killed as the result of an IDF strike on the house of the Abu-Jama family in Khan Yunis. As a result, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The factual findings and materials collated by the FFAM and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that the incident involved a deviation from the rules and procedures applicable to IDF forces. As a result, the MAG has ordered a criminal investigation into the incident.
Incidents Regarding Which the MAG Ordered Criminal Investigations without Prior Fact-Finding Assessment
1. Allegations Concerning the Death of a Person Carrying a White Flag and the Use of Human Shields (29 July 2014) –
In a complaint submitted by an NGO, it was alleged that on 29 July 2014 (in media reports it was alleged that the incident occurred on 25 July 2014), IDF forces operating in the area of Kuhza'a, fired at Mohammed Tawfik Mohammed Kadiach, while he was carrying a white flag, resulting in his death, and used the person's family members as "human shields". Subsequently, the MAG ordered a criminal investigation into the incident.
2. Allegations Concerning Four Incidents of Looting (second half of July 2014) –
On the basis of a complaint received from four Palestinians from Khuza'a and Khan Yunis (the Big Abbassan), alleging that IDF forces looted their property while the former had allegedly left their houses, during the second half of July, the MAG ordered the opening of four criminal investigations into the incidents.
Background
In accordance with the IDF Military Advocate General's (the 'MAG') policy to ensure transparency with regard to the examination and investigation of exceptional incidents that allegedly occurred during Operation 'Protective Edge' (8 July – 26 August 2014), and further to the first update on this issue provided in a Press Release dated 10 September 2014, additional information has been cleared for publication concerning decisions the MAG reached with regard to several individual incidents.
The MAG Corps actively works to identify incidents warranting examination or investigation. Each complaint or piece of information suggesting a fault in conduct aof IDF forces undergoes an initial examination in order to determine the credibility and concrete nature of the allegation. If the allegation is deemed credible prima facie, and is sufficiently concrete, it is referred to the MAG who shall decide whether a criminal investigation is warranted without further examination or whether a factual examination is required by the FFAM prior to such a decision.
As previously publicized, soon after the commencement of Operation 'Protective Edge', and whilst the hostilities were ongoing, the IDF Chief of General Staff ordered that a General Staff Mechanism for Fact-Finding Assessments (the 'FFAM'), headed by a Major General, examine exceptional incidents occurring during the operation. The FFAM was tasked with collating information and relevant materials in order to assess the facts of individual incidents. These efforts are intended to provide the MAG with as much factual information as possible in order to enable the MAG to reach decisions regarding whether or not to open a criminal investigation, as well as for the purpose of a 'lessons-learned' process and the issuance of operational recommendations that will assist in preventing exceptional incidents in the future.
Incidents Concerning Cases Closed by the MAG Following a Fact-Finding Assessment by the FFAM (10 September 2014)
1. Allegation Concerning the Death of Kaware Family Members in Khan Yunis (8 July 2014) [published in a press release dated September 10th, 2014] –
In reports received by the MAG Corps, and in correspondence from various NGOs, allegations were raised that an aerial strike on a residential building in Khan Yunis on 8 July 2014, resulted in the death of eight civilians. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, the aerial strike was carried out against the building due to its use for military purposes by Hamas. Prior to the strike, the IDF provided a detailed advance warning to the residents of the building to vacate the premises. This warning included an individual phone call and the firing of a warning projectile at the roof of the premises, as part of the 'knock on the roof' procedure. The residents were identified as having vacated the building, and subsequently a bomb was dropped on the target. A short time after, a number of people were identified as returning to the premises; however, after the bomb had already been dropped, there was no technical possibility to divert the bomb or to cancel the attack. It should be further noted that visual evidence collated by the FFAM clearly showed that the roof of the targeted building was deserted from the moment of the bombs release till it acquired its target (in contrast to certain reports regarding the incident).
After examining the evidence collated by the FFAM, the MAG found that the targeting process accorded with Israeli domestic law and international law requirements. The attack was carried out against a military objective and the decision to carry out the attack was made by the authorities authorized to do so. The MAG found that the attack fulfilled the requirements of the principle of proportionality, as at the time of the attack, the operational authorities determined that the expected collateral damage resulting from the strike was not excessive in relation to the anticipated concrete and direct military advantage of the strike. The MAG further found that the attack was carried out after various precautionary measures were taken, with significant efforts to minimize the possibility of civilian harm. Specifically, individualized advance warning was provided to the residents of the building, which indeed resulted in their evacuation prior to the strike, and moreover, continuous real time aerial surveillance was employed to monitor evacuation. Under these circumstances, the professional assessment of the operational authorities that releasing the bomb would not result in harm to civilians was not unreasonable. It should also be noted, as mentioned above, that at the point when persons were identified as approaching or returning to the building, it was no longer technically possible to cancel the attack. As a result, the MAG found that there was no fault in the actions of the IDF forces involved, and that despite the fact that the attack resulted in a regrettable outcome, it does not affect its legality post facto.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident. At the same time, the MAG recommended conducting an examination of the operational procedures involved in carrying out such strikes, in order to assess the potential for reducing the likelihood of such exceptional incidents in the future.
2. Allegation Concerning an Aerial Strike on a Vehicle Marked 'TV' in Gaza City (9 July 2014) [published in a press release dated September 10th, 2014] –
The MAG Corps received reports, as well as correspondence from NGOs, alleging that an aerial strike was carried out in the Rimael neighborhood of Gaza City on 9 July 2014, against a vehicle marked 'TV', and which resulted in the death of one person alleged to be a journalist (Ahmed Abdullah Mahmoud Shahab) and in the injury of eight additional persons also alleged to be journalists. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, the strike was carried out against a vehicle, which intelligence information and direct evidence (specifically, real-time aerial surveillance) indicated was being used to transport weaponry intended to be used against IDF forces or the Israeli civilian population that same day, and whose passengers were involved in the hostilities. It appears that the vehicle was marked 'TV' in order to mask the military use made of the vehicle to transport weaponry.
The MAG found that the targeting process accorded with Israeli domestic law and international law requirements. The attack was carried out against a military objective, in accordance with the requirements of the principle of proportionality, and the decision to carry out the attack was made by the authorities authorized to do so. It should be noted that, according to the factual findings, at the time of the strike the IDF forces could not discern whether the vehicle was marked 'TV'. In any event, in light of the military use made of the vehicle for the purposes of transporting weaponry, the marking of the vehicle did not affect the lawfulness of the strike under international law. The MAG further found that the targeting process was carried out after undertaking various precautions with significant efforts to minimize the possibility of civilian harm. Such, the strike on the vehicle was at one point delayed, due to the concern that civilians in its vicinity could be harmed. Furthermore, no supporting evidence was found indicating harm caused to persons other than Shahab.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
Incidents into Which, Following an Assessment by the FFAM, the MAG has Ordered Criminal Investigations (10 September 2014)
1. Allegation Concerning the Death of Four Children on the Gaza Strip Coast (16 July 2014) [published in a press release dated September 10th, 2014] –
The MAG Corps received reports, as well as complaints from human rights organizations, regarding allegations that an IDF strike on July 16, 2014, resulted in the death of four children on the coastal strip next to Gaza City. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The factual findings and materials collated by the FFAM and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that the strike was not carried out in accordance with the rules and procedures applicable to IDF forces. As a result, the MAG has ordered a criminal investigation into the incident.
2. Allegation Concerning Civilian Casualties Resulting From a Strike in the Vicinity of an UNRWA School in Beit Hanoun (24 July 2014) [published in a press release dated September 10th, 2014] –
The MAG Corps received reports, as well as complaints from UNRWA and from human rights organizations, regarding allegations that an IDF strike in the vicinity of an UNRWA school in Beit Hanoun on July 24, 2014, resulted in the death of 15 civilians. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The factual findings and materials collated by the FFAM and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that the incident involved a deviation from the rules and procedures applicable to IDF forces. As a result, and despite the fact that the actual number of civilian casualties is as yet unknown, the MAG has ordered a criminal investigation into the incident.
Incidents Regarding Which the MAG Ordered Criminal Investigations without Prior Fact-Finding Assessment (10 September 2014)
1. Allegation Concerning the Death of a Palestinian Woman in Dahaniya (18 July 2014) [published in a press release dated September 10th, 2014] –
The MAG Corps received an operational incident report indicating that on 18 July 2014, a Palestinian woman was shot by IDF forces in the area of Dahaniya, after her presence in the area was apparently prior coordinated with the IDF. Subsequently, the MAG ordered a criminal investigation into the incident.
2. Allegation Concerning Looting (20 July 2014) [published in a press release dated September 10th, 2014] –
The MAG Corps received an operational incident report indicating a suspicion that an IDF soldier looted (cash money) during the Operation. Subsequently, the MAG ordered a criminal investigation into the incident.
3. Allegation Concerning Mistreatment of a 17-year old Allegedly Held by IDF forces in Khirbeit Haza'a (23-27 July 2014) [published in a press release dated September 10th, 2014] –
Following media reports alleging unlawful acts (including allegations of assault and threats) by IDF forces against Ahmed Jamal Abu Raida, who was allegedly held by IDF forces in the area of Khirbeit Haza'a, the MAG ordered a criminal investigation into the incident.
In accordance with the IDF Military Advocate General's (the 'MAG') policy to ensure transparency with regard to the examination and investigation of exceptional incidents that allegedly occurred during Operation 'Protective Edge' (8 July – 26 August 2014), and further to the first update on this issue provided in a Press Release dated 10 September 2014, additional information has been cleared for publication concerning decisions the MAG reached with regard to several individual incidents.
The MAG Corps continues to receive complaints regarding alleged exceptional incidents that occurred during the Operation. Many of these complaints are filed on behalf of Palestinian residents from the Gaza Strip or by non-governmental organizations ('NGO') – Israeli, Palestinian and international. In addition, the MAG Corps actively works to identify incidents warranting examination or investigation. Each complaint or piece of information suggesting a fault in conduct of IDF forces undergoes an initial examination in order to determine the credibility and concrete nature of the allegation. If the allegation is deemed credible prima facie, and is sufficiently concrete, it is referred to the MAG who shall decide whether a criminal investigation is warranted without further examination or whether a factual examination is required by the FFAM prior to such a decision.
As previously publicized, soon after the commencement of Operation 'Protective Edge', and whilst the hostilities were ongoing, the IDF Chief of General Staff ordered that a General Staff Mechanism for Fact-Finding Assessments (the 'FFAM'), headed by a Major General, examine exceptional incidents occurring during the operation. The FFAM was tasked with collating information and relevant materials in order to assess the facts of individual incidents. These efforts are intended to provide the MAG with as much factual information as possible in order to enable the MAG to reach decisions regarding whether or not to open a criminal investigation, as well as for the purpose of a 'lessons-learned' process and the issuance of operational recommendations that will assist in preventing exceptional incidents in the future.
Thus, at the time of publication, the MAG Corps has conducted an initial examination with regard to over 100 incidents. Allegations regarding additional incidents are still undergoing initial examination.
Allegations with regard to approximately 100 incidents have been referred by the MAG for examination by the FFAM. Approximately 50 of these incidents have already been examined and referred to the MAG for decision. Of these incidents, five have been referred for criminal investigation by the MAG. With regard to an additional nine cases, the MAG decided to close the case without opening a criminal investigation, after the MAG reviewed the findings and materials collated by the FFAM and did not find that the forces' actions gave rise to reasonable grounds for suspicion of criminal behavior. However in some of these cases, the MAG recommended considering changes to operational methods. In few of the cases that were closed, the MAG found that no involvement of IDF forces was identified with regard to the incident. 11 incidents have been referred back to the FFAM for further examination. Tens of additional incidents are in various stages of examination by the FFAM, and their findings will be provided to the MAG in due course.
In addition, on the basis of allegations that indicated prima facie grounds for a reasonable suspicion of criminal misconduct without the need for prior examination by the FFAM, at the time of publication the MAG has ordered the opening of eight criminal investigations.
When a complaint had been submitted in a written form, a reply has been sent to the complainant organization or individual.
Below is information which has been cleared for publication regarding decisions the MAG has reached with regard to specific incidents.
Incidents Concerning Cases Closed by the MAG Following a Fact-Finding Assessment by the FFAM
1. Allegation Concerning an Attack on a Senior Commander in the Palestinian Islamic Jihad, Hafet Hamed (8 July 2014) –
In reports received by the MAG Corps, and in correspondence from various NGOs, it was alleged that on 8 July 2014, six members of the Hamed family were killed as a result of an IDF strike on their home (later correspondence from NGOs alleges that seven people were killed). As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examinations by the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, the attack was directed against Hafet Hamed, a senior military commander (equivalent to a battalion commander) in the Palestinian Islamic Jihad terrorist organization, as well as against a number of other terrorist operatives present with Hamed outside his home, understood to be taking part in an operational briefing prior to conducting military operations against Israel. The attack was carried out using precise and relatively low-explosive munitions, in an effort to minimize the risk of harm to civilians who may have been in the vicinity of the targets. After the attack, from the seven people allegedly killed in the attack, it was found that at least three of them belonged to Palestinian terrorist organizations. It should be noted that at the time of the attack no additional persons were identified in the vicinity of the operatives' group, and on the basis of the factual findings, it is not completely clear how civilians were harmed during the attack. It cannot be ruled out that these civilians were present in a nearby area, not visible to IDF forces, and were harmed as indirect result of the attack.
After reviewing the factual findings and materials collated by the FFAM, the MAG found that the targeting process followed in this case accorded with Israeli domestic law and international law requirements. The attack was directed against military objectives, while adhering to the requirements of the principle of proportionality, and the decision to execute the attack was made by the authorities authorized to do so. The MAG further found that the attack was carried out together with significant efforts to minimize civilian harm.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
2. Allegation Concerning the Death of Kaware Family Members in Khan Yunis (8 July 2014)[published in a press release dated September 10th, 2014] –
In reports received by the MAG Corps, and in correspondence from various NGOs, allegations were raised that an aerial strike on a residential building in Khan Yunis on 8 July 2014, resulted in the death of eight civilians. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, the aerial strike was carried out against the building due to its use for military purposes by Hamas. Prior to the strike, the IDF provided a detailed advance warning to the residents of the building to vacate the premises. This warning included an individual phone call and the firing of a warning projectile at the roof of the premises, as part of the 'knock on the roof' procedure. The residents were identified as having vacated the building, and subsequently a bomb was dropped on the target. A short time after, a number of people were identified as returning to the premises; however, after the bomb had already been dropped, there was no technical possibility to divert the bomb or to cancel the attack. It should be further noted that visual evidence collated by the FFAM clearly showed that the roof of the targeted building was deserted from the moment of the bombs release till it acquired its target (in contrast to certain reports regarding the incident).
After examining the evidence collated by the FFAM, the MAG found that the targeting process accorded with Israeli domestic law and international law requirements. The attack was carried out against a military objective and the decision to carry out the attack was made by the authorities authorized to do so. The MAG found that the attack fulfilled the requirements of the principle of proportionality, as at the time of the attack, the operational authorities determined that the expected collateral damage resulting from the strike was not excessive in relation to the anticipated concrete and direct military advantage of the strike. The MAG further found that the attack was carried out after various precautionary measures were taken, with significant efforts to minimize the possibility of civilian harm. Specifically, individualized advance warning was provided to the residents of the building, which indeed resulted in their evacuation prior to the strike, and moreover, continuous real time aerial surveillance was employed to monitor evacuation. Under these circumstances, the professional assessment of the operational authorities that releasing the bomb would not result in harm to civilians was not unreasonable. It should also be noted, as mentioned above, that at the point when persons were identified as approaching or returning to the building, it was no longer technically possible to cancel the attack. As a result, the MAG found that there was no fault in the actions of the IDF forces involved, and that despite the fact that the attack resulted in a regrettable outcome, it does not affect its legality post facto.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident. At the same time, the MAG recommended conducting an examination of the operational procedures involved in carrying out such strikes, in order to assess the potential for reducing the likelihood of such exceptional incidents in the future.
3. Allegation Concerning an Aerial Strike on a Vehicle Marked 'TV' in Gaza City (9 July 2014)[published in a press release dated September 10th, 2014] –
The MAG Corps received reports, as well as correspondence from NGOs, alleging that an aerial strike was carried out in the Rimael neighborhood of Gaza City on 9 July 2014, against a vehicle marked 'TV', and which resulted in the death of one person alleged to be a journalist (Ahmed Abdullah Mahmoud Shahab) and in the injury of eight additional persons also alleged to be journalists. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, the strike was carried out against a vehicle, which intelligence information and direct evidence (specifically, real-time aerial surveillance) indicated was being used to transport weaponry intended to be used against IDF forces or the Israeli civilian population that same day, and whose passengers were involved in the hostilities. It appears that the vehicle was marked 'TV' in order to mask the military use made of the vehicle to transport weaponry.
The MAG found that the targeting process accorded with Israeli domestic law and international law requirements. The attack was carried out against a military objective, in accordance with the requirements of the principle of proportionality, and the decision to carry out the attack was made by the authorities authorized to do so. It should be noted that, according to the factual findings, at the time of the strike the IDF forces could not discern whether the vehicle was marked 'TV'. In any event, in light of the military use made of the vehicle for the purposes of transporting weaponry, the marking of the vehicle did not affect the lawfulness of the strike under international law. The MAG further found that the targeting process was carried out after undertaking various precautions with significant efforts to minimize the possibility of civilian harm. Such, the strike on the vehicle was at one point delayed, due to the concern that civilians in its vicinity could be harmed. Furthermore, no supporting evidence was found indicating harm caused to persons other than Shahab.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
4. Allegation Concerning a Strike on a Red Crescent Station in Jabalya and Harm Caused to Red Crescent Personnel (9 July 2014) –
The MAG Corps received allegations from a number of NGOs that in the nighttime hours of 9 July 2014, a number of persons working at a Red Crescent station were wounded (the various reports differ with regard to the number of wounded persons, with allegations starting from three wounded and varying up to 15 persons, and also differ with regard to the severity of their wounds, with some allegations of minor wounds caused and others claiming moderate wounds caused) and three ambulances were damaged, allegedly as a result of an IDF strike on agricultural property near the station. Subsequently, in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
According to the factual findings collated by the FFAM and presented to the MAG, Palestinian terrorist organizations had positioned rockets aimed at Israel in underground rocket launching sites a few tens of meters away from the Red Crescent station. The location of the station was known to the IDF forces and was marked in the IDF's operational systems as a "sensitive site", which receive special consideration. The rockets and the launchers that were hidden in the underground launch site next to the station were attacked by the IDF, together with an effort taken to avoid any harm to civilians and to the nearby Red Crescent station. This included selecting the time for attack (at nighttime) and employing appropriate munitions, in an effort to ensure that any damage caused to adjacent buildings, and persons potentially located inside them, would be minor, at most. In actuality, it appears that besides the destruction of the military target, incidental damage was caused to the Red Crescent station, workers inside the station were possibly injured, and ambulances at the location suffered indirect damage resulting from the attack – seemingly as a result of objects that were thrown by the force of the blast.
After reviewing the factual findings and the material collated by the FFAM, the MAG found that the targeting process accorded with Israeli domestic law and international law requirements, and included significant efforts to minimize harm to civilians. The MAG further found that the damage caused to the Red Crescent station was unavoidable considering the proximity of the rockets placed by the Palestinian terror organizations only a few tens of meters from the station.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
At the same time, the MAG recommended to the relevant IDF operational entities that they consider specific amendments to the target planning process, which may assist in further minimizing the potential collateral damage resulting from IDF strikes on military objectives located in close proximity to sensitive sites.
5. Allegation Concerning Two Female Casualties at the 'Alambra Association' in Bet Lehia (12 July 2014) –
According to correspondence and reports from various NGOs, on 12 July 2014, two women were killed and four others injured as a result of an IDF aerial strike on a care centre for the mentally and physically disabled, belonging to the 'Alambra Association', in Beit Lehia. As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examination by the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, the strike was directed at a weapons depot located inside the residential home of a senior Hamas commander, in a building comprising of four apartments. While the operating forces were aware of the existence of a kindergarten in the same building, close to the weapons depot, there was no information indicating the existence of a care center.
Prior to the attack a number of precautionary measures were undertaken in order to minimize potential civilian harm – including several attempts to telephone the residents of the building and the firing of two warning projectiles towards the structure (as part of the 'knock on the roof' procedure). No reaction was identified by the residents, and no presence of persons at the site was discerned prior to the attack. As an additional precaution, the attack was carried out late at night, in order to avoid any possible harm to children attending the kindergarten during the day.
The findings further indicated that at the time the attack was decided upon, the operational assessment concluded that, as none of the precautionary measures resulted in any response, no civilians were present and no civilians were expected to be harmed as a result of the attack.
In light of these factual findings, the MAG found that the targeting process followed in this case accorded with Israeli domestic law and international law requirements. The attack was directed against a military objective, while adhering to the requirements of the principle of proportionality, and the decision to attack was made by the authorities authorized to do so. Further, the MAG found that the attack was carried out after a number of precautions were undertaken intended to minimize the potential for civilian harm, and that the professional assessment at the time of the attack – that civilians would not be harmed as a result of the attack – was not unreasonable under the circumstances. Although seemingly civilians were harmed as a result of the attack, this is indeed a regrettable result, but it does not affect its legality post facto.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
6. Allegation Concerning a Strike on an Ambulance in Bet Hanoun (22 July 2014) –
Correspondence from an NGO alleged that in the morning hours of 22 July 2014, the IDF "struck three ambulances that were involved in the evacuation of wounded persons east of the industrial area of Bet Hanoun. One of the wounded persons in an ambulance was killed and the three vehicles were seriously damaged". As a result, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
Following a thorough review conducted by the FFAM with all the forces identified as operating in the relevant area, such a strike by IDF forces operating in that area could not be identified. Likewise, and in contrast to other complaints concerning similar incidents, no report could be located from the time of the incident indicating that harm had been caused to a rescue crew. In turn, the FFAM did not dismiss the possibility that damage, insofar as such occurred, was the result of activity other than that of the IDF. Under these circumstances, considering the complaint could not be sufficiently substantiated and insufficient details existed in order to identify the incident, the MAG ordered that the case be closed. However, the MAG instructed that if additional information in the future allows for sufficient identification of the incident, a further examination of the incident will be considered.
7. Allegations Concerning Attacks on Al-Wafa Hospital (11-23 July 2014) –
In reports received by the MAG Corps, and in correspondence from various NGOs, it was alleged that the Al-Wafa Hospital was unlawfully attacked by IDF forces on a number of occasions between 11-23 July 2014. As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examination by the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, Palestinian terrorist organizations used the hospital compound for a range of varied and multiple military purposes throughout the period noted above, as well as beforehand. Such, it was found that Hamas used structures in the hospital for positioning surveillance devices so as to track IDF operational activity, that the hospital structures were used on multiple occasions as firing positions towards IDF forces, and that rockets were launched from the immediate vicinity of these structures. Further, according to materials presented to the MAG, reliable information indicated that the sole use that was made of the hospital, from a certain date onwards, was for the military purposes of Hamas, by Hamas' military operatives. At this point, the hospital had already been evacuated of all civilians – patients and staff.
According to the factual findings, on a number of occasions during this period IDF forces were forced to return immediate fire, in a discerning and precise manner, towards sources of attacking fire that posed a serious and immediate threat to those forces. The MAG is not aware of any civilian harm resulting from these incidents. At the same time, in light of the ongoing and widespread military use made of the hospital by Hamas, a number of warnings were provided by the IDF to official entities in the Gaza Strip and to the Palestinian Authority, as well as to international organizations, requiring that the military use of the hospital be ceased.
On 23 July 2014, after these warnings went unheeded and after fire was again directed at IDF forces from the hospital, it was decided to attack the hospital. The attack was only carried out after the IDF had ensured a number of times, that all civilians had evacuated the hospital and that the hospital was being used at that time solely for military purposes.
After reviewing the factual findings and the material collated by the FFAM with regard to each and every incident of attack, the MAG found that, with exception to one instance which will be discussed below, the attacks were conducted in accordance with Israeli domestic law and international law requirements. The attacks were directed against military objectives, while adhering to the requirements of the principle of proportionality. Likewise, the MAG found that the attack was executed only after various precautions were undertaken, with significant efforts to minimize civilian harm. With regard to the incidents where IDF forces were faced with a serious and immediate threat to their lives, the forces returned fire immediately towards the source of the attacking fire, in a precise and discerning manner, and without harming civilians. The structures in the hospital compound were attacked and destroyed only after advance warning had been provided as required under international law, and no civilians were present at the time. The decision to attack was made in a careful and reasoned manner by the authorized authorities, after Hamas disregarded advance warnings and continued in its military use of the hospital compound, thereby resulting in the loss of the special protection from attack provided to the hospital under international law.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
At the same time, the MAG found that one of the attacks, occurring on 11 July 2014, and directed against military surveillance equipment placed by Hamas on the roof and uppermost floor of one of the hospital's buildings, was seemingly carried out without advance warning. It should be noted that this attack was directed at a defined point on one of the buildings in the hospital compound, where it was known that no patients or medical staff were present at the time, and that the attack was planned and carried out in such a manner so as to strike only the surveillance equipment and its immediate vicinity, without causing any collateral damage to civilians or adjacent buildings. Since this incident did not establish a serious violation of the law of armed conflict which requires criminal investigation, and in light of the other circumstances of the incident, the MAG found that there were no grounds for a reasonable suspicion of criminal misconduct in this incident. However, the MAG recommended that the Chief of General Staff examine the reasons why the relevant authorities did not provide the required advance warning and to take measures where deemed appropriate. In addition, the MAG recommended that the Chief of General Staff provide a clarification in the relevant IDF regulations reflecting the requirement to advance warning prior to an attack against a medical facility being used for military purposes.
8. Allegation Concerning a Strike on the Al-Shifa Hospital and a Park in the Shati Refugee Camp in the Gaza Strip (28 July 2014) –
Various media reports alleged that on 28 July 2014, an incident occurred involving a strike on medical clinics belonging to the Al-Shifa Hospital, as well as a strike on a park where children were present in the Shati Refugee Camp, and as a result of which ten persons (including nine children) were killed and tens injured. Some of these reports alleged that the strikes were carried out by the IDF. As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examination by the FFAM.
Following a thorough review conducted by the FFAM, such a strike by IDF forces could not be identified. However, Israel's technical systems recorded in real-time the path of a salvo of missiles fired from within the Gaza Strip, seemingly by Hamas or Palestinian Islamic Jihad, which landed in the medical clinics and in the Shati Refugee Camp at the time of the alleged incident. Under these circumstances, and in light of the fact that the strike on the hospital was the result of rocket fire from Palestinian terrorist organizations, the MAG ordered the case to be closed.
9. Allegation Concerning a Strike on the UNSCO Headquarters in Gaza City (29 July 2014) –
In a report received by the MAG in real time, it was alleged that the UNSCO (United Nations Special Coordinator for the Middle East Peace Process) headquarters were damaged by IDF shelling. The report claimed that several shells fell in the headquarters compound, which caused damage to buildings in the compound and one of the organization's armored vehicles (it was not claimed that any persons were harmed in the incident). As a result, and in accordance with the MAG's investigation policy, it was decided to refer the incident for examination by the FFAM.
According to the factual findings and materials collated by the FFAM and presented to the MAG, no high-explosive shells were fired by IDF forces in that area during that time, rather only illumination shells, intended to illuminate the area as part of an effort to disrupt mortar and rocket fire towards IDF forces and Israeli territory. According to an assessment of the relevant operational authorities, it is possible that the UNSCO headquarters may have been damaged as a direct or indirect result of the ogive (casings) of such shells falling randomly within the compound. The FFAM found that at no time during the Operation were the UNSCO headquarters directly targeted.
The MAG found that the use of illumination shells in this incident was employed for a proper military objective and was conducted in accordance with Israeli domestic law and international law requirements. The incidental and unintended damage to the UNSCO headquarters is a regrettable though possible outcome, considering the fierce and intense fighting taking place in the Gaza Strip (insofar as the damage was indeed caused by the illumination shells). Nonetheless, such incidental damage does not affect the legality of the employment of the illumination shells.
In light of the above, the MAG did not find that the actions of the IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
Incidents into Which, Following an Assessment by the FFAM, the MAG has Ordered Criminal Investigations
1. Allegation Concerning the Death of Four Children on the Gaza Strip Coast (16 July 2014) [published in a press release dated September 10th, 2014] –
The MAG Corps received reports, as well as complaints from human rights organizations, regarding allegations that an IDF strike on July 16, 2014, resulted in the death of four children on the coastal strip next to Gaza City. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The factual findings and materials collated by the FFAM and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that the strike was not carried out in accordance with the rules and procedures applicable to IDF forces. As a result, the MAG has ordered a criminal investigation into the incident.
2. Allegation Concerning Civilian Casualties Resulting From a Strike in the Vicinity of an UNRWA School in Beit Hanoun (24 July 2014)[published in a press release dated September 10th, 2014] –
The MAG Corps received reports, as well as complaints from UNRWA and from human rights organizations, regarding allegations that an IDF strike in the vicinity of an UNRWA school in Beit Hanoun on July 24, 2014, resulted in the death of 15 civilians. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The factual findings and materials collated by the FFAM and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that the incident involved a deviation from the rules and procedures applicable to IDF forces. As a result, and despite the fact that the actual number of civilian casualties is as yet unknown, the MAG has ordered a criminal investigation into the incident.
3. Allegation Concerning the Death of an Ambulance Driver in the Khan Yunis Area (25 July 2014) –
Operational reports indicated a suspicion that on 25 July 2014, at approximately 23:45, an ambulance driver in the vicinity of Khan Yunis was fired upon by IDF forces, and killed as a result. Subsequently, and in accordance with the MAG's investigation policy,the incident was referred to the FFAM.
The factual findings and the material collated by the FFAM and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that the incident involved a deviation from the rules and procedures applicable to IDF forces. As a result, the MAG has ordered a criminal investigation into the incident.
4. Allegation Concerning the Death of an Ambulance Driver in the Vicinity of a Hospital in Beit Hanoun (25 July 2014) –
In reports received by the MAG Corps, and in correspondence from various NGOs, it was alleged that on 25 July 2014, at approximately 17:28, an IDF strike resulted in the death of an ambulance driver. As a result, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The findings and the material collated by the FFAM did not provide sufficient information as to the allegations arising from the reports and the NGO's claims. As a result, the MAG has ordered a criminal investigation into the incident.
5. Allegation Concerning the Deaths of 27 Civilians in the Abu-Jama House in Khan Yunis (20 July 2014) –
In reports received by the MAG Corps, and in correspondence from various NGOs, it was alleged that on 20 July 2014, 27 civilians were killed as the result of an IDF strike on the house of the Abu-Jama family in Khan Yunis. As a result, and in accordance with the MAG's investigation policy, the incident was referred to the FFAM.
The factual findings and materials collated by the FFAM and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that the incident involved a deviation from the rules and procedures applicable to IDF forces. As a result, the MAG has ordered a criminal investigation into the incident.
Incidents Regarding Which the MAG Ordered Criminal Investigations without Prior Fact-Finding Assessment
1. Allegation Concerning the Death of a Palestinian Woman in Dahaniya (18 July 2014) [published in a press release dated September 10th, 2014] –
The MAG Corps received an operational incident report indicating that on 18 July 2014, a Palestinian woman was shot by IDF forces in the area of Dahaniya, after her presence in the area was apparently prior coordinated with the IDF. Subsequently, the MAG ordered a criminal investigation into the incident.
2. Allegation Concerning Looting (20 July 2014)[published in a press release dated September 10th, 2014] –
The MAG Corps received an operational incident report indicating a suspicion that an IDF soldier looted (cash money) during the Operation. Subsequently, the MAG ordered a criminal investigation into the incident.
3. Allegation Concerning Mistreatment of a 17-year old Allegedly Held by IDF forces in Khirbeit Haza'a (23-27 July 2014) [published in a press release dated September 10th, 2014] –
Following media reports alleging unlawful acts (including allegations of assault and threats) by IDF forces against Ahmed Jamal Abu Raida, who was allegedly held by IDF forces in the area of Khirbeit Haza'a, the MAG ordered a criminal investigation into the incident.
4. Allegations Concerning the Death of a Person Carrying a White Flag and the Use of Human Shields (29 July 2014) –
In a complaint submitted by an NGO, it was alleged that on 29 July 2014 (in media reports it was alleged that the incident occurred on 25 July 2014), IDF forces operating in the area of Kuhza'a, fired at Mohammed Tawfik Mohammed Kadiach, while he was carrying a white flag, resulting in his death, and used the person's family members as "human shields". Subsequently, the MAG ordered a criminal investigation into the incident.
5. Allegations Concerning Four Incidents of Looting (second half of July 2014) –
On the basis of a complaint received from four Palestinians from Khuza'a and Khan Yunis (the Big Abbassan), alleging that IDF forces looted their property while the former had allegedly left their houses, during the second half of July, the MAG ordered the opening of four criminal investigations into the incidents.
In accordance with the IDF's policy to ensure transparency with regard to the examination and investigation of exceptional incidents that allegedly occurred during Operation 'Protective Edge' (8 July - 26 August 2014; the ‘Operation’), and further to previous Press Releases dated September 10th and December 4th, additional information has been cleared for publication concerning decisions the MAG has reached with regard to several individual incidents.
The Military Advocate General' (the 'MAG') Corps continues to receive complaints regarding exceptional incidents alleged to have occurred over the course of the Operation. Many of these complaints are filed on behalf of Palestinian residents from the Gaza Strip or by non-governmental organizations ('NGO') - Israeli, Palestinian and international. In addition, the MAG Corps actively works to identify incidents warranting examination or investigation. Each complaint or piece of information suggesting a fault in the conduct of IDF forces undergoes an initial examination, in order to determine the credibility and concrete nature of the allegation. If the allegation is deemed credible, prima facie, and is sufficiently concrete, it is referred to the MAG, who shall decide whether a criminal investigation is warranted without further examination or whether a factual examination is required by the General Staff Mechanism for Fact-Finding Assessments prior to such a decision.
As previously publicized, soon after the commencement of Operation 'Protective Edge', and whilst the hostilities were ongoing, the previous IDF Chief of General Staff, Lieutenant Colonel Benjamin (Benny) Gantz, ordered that a General Staff Mechanism for Fact Finding Assessments (the 'FFA Mechanism'), headed by a Major General, examine exceptional incidents allegedly occurring during the operation. The FFA Mechanism was tasked with collating information and relevant materials in order to assess the facts of individual incidents. These efforts are intended to provide the MAG with as much factual information as possible in order to enable the MAG to reach decisions regarding whether or not to open a criminal investigation, as well as for the purpose of a 'lessons-learned' process and the issuance of operational recommendations that will assist in preventing exceptional incidents in the future. Recently, Major General (Res.) Yitzhak Eitan was appointed to head the FFA Mechanism, replacing Major General Noam Tibon who had previously filled this position and who has retired from the IDF.
To date, allegations with regard to approximately 126 incidents have been referred by the MAG for examination by the FFA Mechanism. Sixty-five of these incidents have already been examined and referred to the MAG for decision. Of these incidents, six have been referred for criminal investigation by the MAG. With regard to an additional 17 incidents, the MAG decided to close the case without opening a criminal investigation, after the MAG reviewed the findings and materials collected by the FFA Mechanism and did not find that the force's actions gave rise to reasonable grounds for suspicion of criminal behavior. However, in relation to some of these cases, the MAG recommended changes to operational methods. In relation to a few of the cases that were closed, the MAG found that no involvement of IDF forces was indentified with regard to the incident. In regard to some of the incidents that were examined and referred to the MAG, the MAG considered that further information was needed in order to reach a decision, and accordingly these incidents were referred back to the FFA Mechanism for further examination. Tens of additional incidents are still in various stages of examination by the FFA Mechanism, and their findings will be provided to the MAG in due course.
In addition, on the basis of allegations that indicated prima facie grounds for a reasonable suspicion of criminal misconduct without the need for prior examination by the FFA Mechanism, at the time of publication, the MAG has ordered the opening of 13 criminal investigations. Of these criminal investigations, the MAG decided to close two without undertaking any criminal or disciplinary proceedings, as will be detailed herein. The remainder of the investigations are still ongoing, or have been completed and their findings are awaiting review by the MAG.
All criminal investigations are carried out in a thorough and prompt fashion by a special investigation team assembled by the Military Police's Criminal Investigation Division in order to investigate incidents alleged to have occurred during Operation 'Protective Edge'. This team has collected testimonies from many IDF soldiers and commanders, as well as from a substantial number of Palestinians who were witnesses to some of the incidents in question. The investigations undertaken by the MPCID are progressing at a rapid pace.
Where a complaint had been submitted in a written form, a reply has been sent to the complainant organization or individual.
Below is information which has been cleared for publication regarding decisions the MAG has reached with regard to specific incidents.
Cases Closed by the MAG Following a Fact-Finding Assessment by the FFA Mechanism
1. Allegation Concerning the Deaths of Members of the Abu Itta Family in Tel Al-Za'atar (24 July 2014) -
In media reports, as well as complaints received by the MAG Corps from NGOs, it was alleged that on 24 July 2014, as a result of an air strike on the house of the Al-Ajrami family in Tel Al- Za'atar, five members of the Abu Itta family who were in an adjoining building were killed. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFA Mechanism for examination.
According to the factual findings collated by the FFA Mechanism and presented to the MAG, at the time in question, a weapons cache was struck that was located in the house of a senior military operative in Hamas, Ahmad Al-Ajrami. Prior to the strike on the cache, the IDF issued a number of detailed warnings over the telephone, wherein the residents of the building in which the weapons cache was located, and the residents of a number of surrounding buildings that were expected to be damaged as a result of the strike, were asked to vacate the premises. Additionally, a warning strike was executed on the roof of the building in which the weapons cache was located, as well as on the roof of the adjoining building which was expected to be significantly impacted as a result of the strike, as part of the "knock on the roof" procedure. During this time, many people were seen leaving these buildings. The strike was carried out after it was assessed that it was possible to conclude that civilians were not expected to be harmed in the building targeted and the adjoining buildings, as a result of the strike.
After the event, it appears that as a result of the strike, five civilians, members of the Abu Itta family, were killed, and others were injured. It was not fully determined whether those deceased had been present in an adjoining building whose evacuation was specifically asked for, or whether they were in another adjoining building that had been damaged more significantly than had been expected.
After reviewing the factual findings and the material collated by the FFA Mechanism, the MAG found that the targeting process in question accorded with Israeli domestic law and international law requirements. The decision to strike was taken by the competent authorities, and was aimed at a military objective - a weapons cache. The strike complied with the principle of proportionality, as at the time the decision was taken, it was considered that the collateral damage expected from the strike would not be excessive in relation to the military advantage anticipated from it, and it appears that this estimation was not unreasonable under the circumstances. Moreover, the strike was carried out while undertaking a series of precautionary measures which aimed to minimize civilian harm. Inter alia, a specific warning was provided to the residents of the buildings which were expected to be impacted as a result of the strike, and ongoing visual surveillance of the event was used to confirm their evacuation.
In light of these findings, the MAG did not find that the actions of IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
2. Allegation Concerning Strikes on a School in Al-Bureij and an UNRWA School in Nusseirat (25 July 2014) -
In an operational report received by the MAG Corps, it arose that on 25 July 2014, IDF forces struck a school in Al-Bureij and an UNRWA school in Nusseirat (in an initial report it was alleged that as a result of one of these strikes, five civilians were injured, however, from a later report it arose that there were no individuals harmed in this incident). Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFA Mechanism for examination.
According to the factual findings collated by the FFA Mechanism and presented to the MAG, the incident started with an attack carried out on 25 July 2014 against IDF forces in the Gaza Strip that were located in an area to the East of Al-Bureij, by means of mortar shells and anti-tank missiles. During this incident, first sergeant Guy Levi was killed, and another Israeli soldier was injured. Concurrently, high-trajectory fire was also being launched at other forces that were located within the same area of operations, including fire which resulted in a direct hit on a structure in which one of the brigade's companies was located. IDF technological systems identified the source of this fire in real-time as emanating from two sites - the mortar fire and anti-tank rockets from the area of Al-Bureij, very close to a school; and mortar fire from the area of Nusseirat close to an UNRWA school and next to (at a distance of a few meters away) an UNRWA center which provided sanitation, aid, welfare, food distribution and employment services. This area, which is normally a residential area, was known to the IDF forces as a hub of Hamas' and Palestinian Islamic Jihad's military activity over the course of the Operation.
In an attempt to stop the attack and suppress the fire, IDF forces carried out targeted tank fire towards certain spots in the vicinity of the school in Al-Bureij, which were identified as the sources of the fire, all the while being careful to avoid hitting the school itself. Apparently, as a result of one of the projectiles fired, the wall surrounding the school was struck (though no shells landed within the school). As mentioned, a later report did not allege that any civilians were injured by this strike.
At the same time, the IDF carried out targeted aerial strikes in Nusseirat against individuals who had been identified as directly participating in the aforementioned high-trajectory fire on IDF forces. Apparently, as a result of one of these strikes, carried out against a militant who was at a distance of a few tens of meters from the UNRWA school in Nusseirat, the wall surrounding the school was struck (though no fire hit the school itself). Again, a later report did not allege that any civilians were injured by this strike.
After reviewing the factual findings and the material collated by the FFA Mechanism, the MAG found that the targeting processes in question accorded with Israeli domestic law and international law requirements. The decisions regarding the strikes were taken by the competent authorities. The strikes were aimed against lawful targets - militants who were directly participating in hostilities, and who fired on IDF troops. The strikes complied with the principle of proportionality, as at the time the decision was taken it was considered that the collateral damage expected from the strikes would not be excessive in relation to the military advantage anticipated from the strikes. Moreover, the strikes were carried out while undertaking precautionary measures which aimed to mitigate the risk of civilian harm and damage to UNRWA facilities, the existence of which were known to the forces, despite what appears to be an attempt by terror organizations to misuse these sites in order to fire upon IDF forces.
In light of these findings, the MAG did not find that the actions of IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
3. Allegation Concerning the Deaths of 31 Individuals as a Result of Strikes on the House of the Al-Salak Family and Its Surroundings in Shuja'iyya (30 July 2014) -
In reports published in various media sources, it was alleged that on 30 July 2014, IDF forces fired upon the marketplace in Shuja'iyya, at a time when a ceasefire was in place, and as a result of these strikes, between 15 to 17 people were killed, including children, emergency services personnel, and reporters. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFA Mechanism for examination.
After the incident was referred to the FFA Mechanism for examination, the MAG Corps received an additional complaint from an NGO, in which a different account of the event was provided. According to the account provided in the complaint, the incident described above actually took place in an area that was at a distance of around 150 meters from the market in Shuja'iyya, and not within the market itself. According to the allegations, the event commenced with a strike by a shell on a number of individuals from the Al-Salak family, who were up on the roof of their house, a fact which resulted in the death of seven members of the family. After the strike, a large number of people started to gather in the open area next to the family's house, including medical personnel, reporters, and others. While people were gathered there, another two shells struck the area, resulting in the deaths of 21 of those present. Additionally, it was alleged that as a result of additional shell strikes, an individual in an adjacent building was killed, along with two individuals part of Hamas' Civil Defence. All total, according to this account, 31 people were killed in the course of this incident. It was further alleged, that over the course of the incident, a total of 16 shells were fired at the area.
According to the factual findings collated by the FFA Mechanism and presented to the MAG, the events associated with the incident started at approximately 16:10, when an anti-tank (AT) missile was fired at IDF forces operating in an open area on the outskirts of the Shuja'iyya neighborhood. Immediately after the anti-tank missile was fired, there commenced an intense and ongoing burst of mortar fire, emanating from a built-up area in the neighborhood, targeting the forces. As a result of thi fire an IDF soldier was injured and the rest of the soldiers at the scene were placed in real danger. Further, in light of this use of fire, and the situation in which the forces found themselves (including a tank that could not move due to malfunction), the conclusion drawn by the commanders in the field was that this fire could provide cover for an attempt to abduct a soldier. During this episode of mortar fire, five sites in a built-up area were identified as points from which shells had been fired at IDF forces. Nevertheless, IDF forces did not return fire towards the sources of this fire, because of their proximity to "sensitive sites" (in the IDF, "sensitive sites" are civilian sites that receive special protection from attack under the law of armed conflict (such as medical facilities), as well as other civilian sites that warrant special consideration for policy reasons, even when there is no legal obligation (such as schools); such sites are identified in advance by the IDF and integrated into IDF's operational systems).
At approximately 16:40, when the mortar fire had not yet ceased, IDF forces fired a number of rounds of smoke-screening shells, in order to screen the troops, and frustrate the enemy fire. At approximately 17:00, as the mortar fire upon the troops from the built-up area continued, and in light of the ongoing threat to the lives of the troops, the forces were able to identify two additional sources of fire, from which most of the fire towards them was originating at that time. After it was concluded that one of these points was sufficiently distant from sensitive sites, it was decided to return a limited amount of fire, of five mortar shells, with the aim of suppressing the fire targeted at IDF forces. The IDF fire was carried out using mortars, since there was no available alternative for carrying out the strike, including aerial alternatives, which would allow the necessary operational effect to be achieved. In this context, the possibility of using 155 mm high-explosive artillery shells was also considered, in order to address the danger faced by the forces. This possibility was dismissed for the reason that the collateral damage expected from mortar shells was more limited.
Approximately 18 minutes after the initial mortar fire was carried out by the forces, towards the source of the fire, and after the fire emanating from that site had not ceased, it was decided to fire an additional ten mortars towards it. After this round of fire, the mortar fire on IDF forces ceased. Only around 40 minutes after the execution of the above-mentioned fire were reports received by the IDF regarding the hit on civilians in this area.
The FFA Mechanism's findings further revealed that at the time of the incident, the forces had believed that the likelihood of civilians being harmed as a result of the fire was low. Before the start of the ground incursion in Shuja'iyya, a widespread warning to evacuate had been provided, which, according to the information in the force's possession, had resulted in the evacuation of the vast majority of the civilian population in the neighborhood. An additional warning to evacuate was made two days prior to the incident, on 28 July, in order to keep the civilian population at a distance from the area of hostilities. Moreover, during the ongoing aerial surveillance carried out in the area in the period leading up to the incident, no civilian presence was identified on the roads and in the open areas of the neighborhood - which are the areas in which the danger posed by mortar shells is generally greater than the danger to those inside a building. In real time, no aerial surveillance capabilities were available to the forces. Thus, even if the possibility of civilian presence in the area had not been entirely ruled out, in consideration of the assessment that most of the population had evacuated and that no civilian presence was identified in the area prior to the incident, the understanding was that the risk of harm as a result of the limited fire was low.
After the event, by comparing the actions taken by IDF forces with the allegations contained in the complaint received by the MAG Corps, it can be concluded that one of the shells from the first round of fire carried out by IDF forces apparently struck the roof of the Al-Salak family, at a time when the family was on the roof, and killed seven family members; and that two shells from the second round of fire carried out by IDF forces apparently struck the crowd which had gathered next to the Al-Salak house in the wake of the first strike. At the same time, the possibility that the harm to civilians during this incident resulted from a misfire by a Palestinian terror organization has not been ruled out, in light of the extensive enemy mortar fire emanating from the area at the time.
In addition to the above, intelligence information indicated that six of the deceased in this incident appear to have been militants, and thus the total civilian fatalities is lower than that alleged in the complaint.
The FFA Mechanism's findings further concluded that the incident in question did not take place during a ceasefire in Shuja'iyya. The IDF announced a unilateral humanitarian ceasefire between the hours of 15:00 and 19:00 on that day, but clarified that this would not apply in a number of specific areas in which IDF forces were operating at that time, including Shuja'iyya (along with a number of other areas). This was transmitted in the media and in messages that were passed to the Palestinian side.
After reviewing the factual findings and the material collated by the FFA Mechanism, the MAG found that the fire was carried out in a manner that accorded with Israeli domestic law and international law requirements. The fire was aimed towards mortars and their operators, with the aim of neutralizing their capacity to continue carrying out ongoing and intensive fire on IDF forces, who found themselves in a situation of clear and present mortal danger. Prior to the execution of the fire, and during it, IDF forces acted in a restrained and calculated manner, and undertook a number of precautions which were intended to avoid, and in any event to minimize, harm to civilians. Initially the forces refrained entirely from returning fire, and thereafter they attempted to frustrate and cause the cessation of this fire by creating a smoke screen. After the fire did not cease, a number of alternatives were considered for returning fire to the sources of the fire, and out of the available and effective alternatives, they chose the means that was expected to result in the least collateral damage. Even then, the return fire was carried out in a measured and limited fashion.
As regards the strike's compliance with the principle of proportionality, the MAG considered the reasonableness of the commander's decision, taking into account the information that he had at his disposal at that time, both as regards the imperative military necessity of stopping the fire and neutralizing the danger posed to the forces, as well as in regard to the harm expected to result to civilians as a result of the strike. The MAG found, that in the incident in question, there occurred a number of coincidences and series of events that a military commander should not be expected to predict - the shell that resulted in the first instance of extensive harm to civilians (members of the Al-Salak family) landed on a roof, at a time where there was a group of people on the roof (while the chance that the shell would penetrate the building and cause similar harm to persons inside, was lower); and the second instance of extensive harm was caused to a group who had gathered outside the house of the Al-Salak family, in the wake of the previous strike. At the time when the decision was made to carry out the second round of fire, IDF forces were notaware of the hit on the Al-Salak house as a result of the first round of fire, nor of the crowd which had gathered outside the Al-Salak house. In light of the above, the MAG found that the commander's assessment that the collateral damage expected from the strike would not be excessive in relation to the military advantage anticipated from it, was not unreasonable under the circumstances, in light of the information that was at his disposal at that time. As such the MAG found that there had been no misconduct on the part of IDF forces in regards to the incident in question, and that even though the ultimate outcome of the action was tragic, it does not affect the legality of the fire post facto.
In light of these findings, the MAG did not find that the actions of IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
4. Allegation Concerning the Injury of 10 Individuals as a Result of a Strike on an UNRWA School in Jabalia (next to the Omar Ibn Al-Khattab Mosque) (31 July 2014) -
According to various media reports, as well as a report from OCHA (United Nations Office for the Coordination of Humanitarian Affairs), it was alleged that on 31 July 2014, IDF forces shot a number of shells at the Omar Ibn Al Khattab mosque in Jabalia. According to the reports, shrapnel from these shells hit an UNRWA school, and caused injury to 10 civilians who were using the school as a shelter (two of whom were severely injured). Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFA Mechanism for examination.According to the factual findings collated by the FFA Mechanism and presented to the MAG, no such strikes were identified as having been carried out by IDF forces. However, the path of a rocket fired from inside the Gaza Strip, apparently by Hamas or Palestinian Islamic Jihad, was identified by the IDF in real time, and which struck in the immediate vicinity of the mosque at the exact time in question. In light of the fact that the injury to the individuals in the school resulted from rocket fire by Palestinian terror organizations, the MAG ordered the case to be closed.
5. Allegation Concerning the Deaths of 10 Individuals During a Strike on the House of the Abu Najam Family in Jabalia (3 August 2014) -
According to a report received by the MAG Corps from an NGO, it was alleged that on 3 August 2014 eight persons were killed as a result of an IDF strike on the home of the Abu Najam family. In other reports in the media, it was alleged that ten people were killed, including two who were Palestinian Islamic Jihad militants - Danian Mansour and Abd Al-Nasser Al-Ajouri. It was further claimed in these reports, that during this strike five civilians were killed (members of the Abu Najam family) who were staying in the house where the two aforementioned Palestinian Islamic Jihad militants were located, while in an adjacent house, three civilians were killed. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFA Mechanism for examination.
According to the factual findings collated by the FFA Mechanism and presented to the MAG, the strike in question was directed at Danian Mansour, a very senior commander in the Palestinian Islamic Jihad terror organization, with a rank equivalent to that of a brigade commander, responsible for the organization's operations in the northern Gaza Strip, and with overall responsibility for the organization's intelligence service. At the time of the strike, Mansour was staying in the home of Mohammad Abu Najam. During the planning stages of the strike, it was assessed that there might be civilians present in the building, but that the extent of the harm to those civilians would not be excessive in relation to the significant military advantage anticipated to be achieved as a result of the strike. In this context, it should be noted that the building in question was thought to consist of only one residential apartment - the apartment in which Mansour was staying. The strike on the building was planned for execution by means of a precise munition, and in a way in which would allow achieving the aim of the strike whilst minimizing harm to the surrounding buildings. Likewise, a number of different checks were conducted in order to assess the extent of expected harm to civilians in the surrounding buildings.
After the event, it appears that as a result of the strike the target, Danian Mansour, was killed, along with Abd Al Nasser Al-Ajouri, a senior Palestinian Islamic Jihad military operative. Immad Al-Masri, Danian Mansour's deputy, was injured, along with two additional terror operatives (Mohammad Al-Masri of Palestinian Islamic Jihad and Vaal Kassam of Hamas). Likewise, according to the above-mentioned reports, it appears that as a result of the strike an additional eight civilians were killed - five in the Abu Najam house that was struck, and three in the house adjacent to it.
After reviewing the factual findings and the material collated by the FFA Mechanism, the MAG found that the targeting process in question accorded with Israeli domestic law and international law requirements. The decision to strike was taken by the competent authorities and aimed at a lawful target - a very senior commander in Palestinian Islamic Jihad. The strike complied with the principle of proportionality, as at the time the decision was taken, it was considered that the collateral damage expected from the strike would not be excessive in relation to the military advantage anticipated from it. Moreover, the strike was carried out while undertaking precautionary measures which aimed to mitigate the risk of civilian harm, with an emphasis on those who were present in the surrounding buildings. Such measures included, inter alia, the choice of munition to be used, as well as the deployment of real-time visual coverage. Additionally, it was found that the provision of a specific warning prior to the attack, to the people present in the structure in which the target was located, or to those in adjacent buildings, was not required by law and was expected to result in the frustration of the strike's objective.
In light of these findings, the MAG did not find that the actions of IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
6. Allegation Concerning the Deaths of Six Individuals During a Strike on the House of the Al- Bakri family in Gaza City (4 August 2014) -
In media reports, as well as complaints received by the MAG Corps from NGOs, it was alleged that on 4 August 2014, five members of the Al-Bakri family were killed, along with one additional person who was staying at their home, as the result of an IDF strike on the house. According to some of the reports, two of the deceased - Ramadan Al-Bakri and Ibrahim Al- Masharawi - were militants in the Palestinian Islamic Jihad, while the remaining four deceased were civilians. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFA Mechanism for examination.
According to the factual findings collated by the FFA Mechanism and presented to the MAG, the strike in question was aimed at Omar Al-Rahim, a senior commander, at a rank equivalent to that of a deputy brigade commander, in the Palestinian Islamic Jihad terror organization. Al-Rahim was staying in the house of Ramadan Al-Bakri, a Palestinian Islamic Jihad militant. During the target planning process, it was assessed that there might be a number of civilians present in the building, but that the extent of the harm expected to these civilians would not be excessive in relation to the significant military advantage anticipated to result from the strike. It was planned that the strike on the building would be carried out using a precise munition, and in a way in which would allow achieving the aim of the strike whilst minimizing harm to the surrounding buildings.
After the event, as a result of the strike, the target, Omar Al-Rahim, was severely injured, and Ibrahim Al-Masharawi, who was a senior commander at a rank equivalent to a battalion commander in the Palestinian Islamic Jihad, was killed, along with Ramadan Al-Bakri, a Palestinian Islamic Jihad militant, and four civilians.
After reviewing the factual findings and the material collated by the FFA Mechanism, the MAG found that the targeting process in question accorded with Israeli domestic law and international law requirements. The decision to strike was taken by the competent authorities and aimed at a lawful target - a senior commander in Palestinian Islamic Jihad. The strike complied with the principle of proportionality, as at the time the decision was taken, it was considered that the collateral damage expected from the strike would not be excessive in relation to the military advantage anticipated from it. Moreover, the strike was carried out while undertaking precautionary measures which aimed to mitigate the risk of civilian harm, with an emphasis on those who were present in the surrounding buildings. Such measures included, inter alia, the choice of munition to be used, as well as the deployment of real-time visual coverage. Additionally, it was found that the provision of a specific warning prior to the attack, to the people present in the structure in which the target was located, or to those in adjacent buildings, was not required by law and was expected to result in the frustration of the strike's objective.
In light of these findings, the MAG did not find that the actions of IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
7. Allegation Concerning the Deaths of Members of the Abu Dahrouj Family in the Al- Zuwayda Village (23 August 2014) -
In media reports, as well as complaints received by the MAG Corps from NGOs, it was alleged that on 23 August 2014, five members of the Abu Dahrouj family were killed in the Al-Zuwayda village, as a result of an air strike carried out by the IDF. In a report published by an NGO, it was mentioned that one of the deceased, Hayel Abu Dahrouj, was a militant with the Palestinian Islamic Jihad organization. Subsequently, and in accordance with the MAG's investigation policy, the incident was referred to the FFA Mechanism for examination.
According to the factual findings collated by the FFA Mechanism and presented to the MAG, at the time in question, around midnight, an IDF fighter jet dropped a bomb which was aimed at a weapons cache located in an open area, at a distance of around 100 meters from the building in which the Abu Dahrouj family stayed. As part of the strike, a number of precautionary measures were taken in order to prevent any harm to civilians, such as the deployment of real-time visual coverage, and the utilization of a relatively small and precise munition. This notwithstanding, it appears that as the result of an unforeseen technical failure, during the course of the strike the bomb diverged from its intended trajectory and struck the home of the Abu Dahrouj family. A short time later, an additional bomb was dropped, which struck the weapons cache.
As noted above, it was revealed, post facto, that one of the five deceased, Hayel Abu Dahrouj, was a military operative in the Palestinian Islamic Jihad organization; nonetheless, he was not the object of the strike.
After reviewing the factual findings and the material collated by the FFA Mechanism, the MAG found that the targeting process in question accorded with Israeli domestic law and international law requirements. The decision to carry out the strike was made by the competent authorities, and the strike was aimed at a military objective - a weapons cache. At the time that the decision was made, the strike was not, according to the assessment of the operational authorities, expected to result in any collateral damage to individuals or to property that was not the military objective (and was, as such, in accordance with the principle of proportionality). Several precautionary measures were undertaken as part of the strike in order to realize that expectation. Such measures included, inter alia, the choice of munition to be used, as well as the timing of the strike and real-time visual coverage on the weapons cache that was targeted.
The fact that in practice there occurred an unforeseen failure, which resulted in it going off- trajectory and causing harm to civilians and to property, is regrettable, but does not affect the legality of the attack post facto.
Consequently, and in light of the above, the MAG did not find that the actions of IDF forces raised grounds for a reasonable suspicion of criminal misconduct. As a result, the MAG ordered the case to be closed, without opening a criminal investigation or ordering further action against those involved in the incident.
Incidents into Which the MAG has Ordered Criminal Investigations Following an Assessment by the FFA Mechanism
Allegation Concerning a Strike on an UNRWA School in Jabalia, which Resulted in the Deaths of Approximately 20 Individuals (30 July 2014) -
The MAG Corps received reports, as well as complaints from NGOs, wherein it was alleged that as the result of an IDF strike on 30 July 2014, approximately 20 people were killed, and tens more were injured in an UNRWA school located in Jabalia, which was serving as a shelter at the time of the incident. Subsequently, and in accordance with the MAG's investigation policy, it was decided to refer the incident to the FFA Mechanism for examination.
The factual findings collated by the FFA Mechanism and presented to the MAG, indicated the existence of grounds for a reasonable suspicion that thestrike was not carried out in accordance with the rules and procedures applicable to IDF forces. As a result, the MAG has ordered the opening of a criminal investigation into the incident.
Incidents Regarding Which the MAG Ordered Criminal Investigations Without Prior Fact- Finding Assessment
1. Allegation Concerning an Abuse of a Resident of Khuza'a under Detention (23 July 2014) -
The MAG Corps received a complaint, on behalf of a resident of Khuza'a, alleging that after his capture by IDF forces, he was struck by IDF soldiers without provocation, whilst he was handcuffed and blindfolded. In response to these reports, the MAG ordered the opening of a criminal investigation into the incident.
2. Allegation Concerning an Abuse of a Resident of Khuza'a under Detention (23 July 2014) -
The MAG Corps received a complaint, on behalf of another resident of Khuza'a, alleging that after his capture by IDF forces, he was struck by IDF soldiers, without provocation, whilst he was handcuffed and blindfolded. In response to these reports, the MAG ordered the opening of a criminal investigation into the incident.
3. Allegation Concerning Looting in Deir Al-Balah (the second half of July 2014) -
The MAG Corps received a complaint, on behalf of a resident of Deir Al-Balah, alleging that IDF soldiers looted his property, allegedly during the period in which he and his family had evacuated their home, during the second half of the month of July. Subsequently, the MAG ordered the opening of a criminal investigation into the incident.
4. Allegation Concerning Looting in Khan Yunis (the second half of July 2014) -
The MAG Corps received a complaint, on behalf of a resident of Khan Yunis, alleging that IDF soldiers looted his property, allegedly during the period in which he and his family had evacuated their home, during the second half of the month of July. Subsequently, the MAG ordered the opening of a criminal investigation into the incident.
5. Allegation Concerning Abuse of Detainees in Rafah (1 August 2014) -
The MAG Corps received a complaint, on behalf of two residents of Rafah, alleging that after their arrest by IDF forces, they were struck by IDF soldiers, without provocation, and whilst they were handcuffed and blindfolded. Subsequently, the MAG ordered the opening of a criminal investigation into the incident.
Criminal Investigations which were Completed and in Regard to which the MAG has made a decision
1. Allegations Concerning Looting in Khuza'a (the second half of July 2014) -
The investigation file was closed after the complainant failed to appear to provide testimony before MPCID investigators. The complainant failed to appear despite the fact that in the wake of the complaint made by his legal representative, he was provided with a document guaranteeing him immunity from arrest at the time of his arrival to provide testimony. Under these circumstances, and in the absence of evidence to support his claim and thus provide a basis for a suspicion of criminal misconduct by IDF soldiers, it was decided to close the case.
2. Allegations Concerning Looting in Khuza'a (the second half of July 2014) -
The investigation file was closed after the complainant failed to appear to provide testimony before MPCID investigators. The complainant failed to appear despite the fact that in the wake of the complaint made by his legal representative, he was provided with a document guaranteeing him immunity from arrest at the time of his arrival to provide testimony. The mother provided testimony to MPCID investigators, yet her testimony was essentially hearsay. Under these circumstances, and in the absence of evidence to support his claim and thus provide a basis for a suspicion of criminal misconduct by IDF soldiers, it was decided to close the case.
Sources:IMRA.org
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