'09:
18 March 2009:
Israeli Human Rights Organizations Call on the Attorney General:
“Stop whitewashing suspected crimes in Gaza
Israeli human rights organizations have reiterated demands that Attorney General Menachem Mazuz reconsider his refusal to establish an independent investigative body to examine military proceedings during Operation Cast Lead. Such an investigation is critical following the revelation of soldier testimonies concerning the killing of innocent Palestinians revealed this morning in Haaretz. Many Palestinian accounts have reflected a similar picture to that revealed today, triggering suspicions that today's revelations represent only the tip of the iceberg, and that they are the result of norms of conduct that have taken hold throughout the army.
A letter sent by the Israeli Human Rights Organizations to the Attorney General makes clear that the government's failure to establish an independent investigation constitutes a violation of Israel's responsibilities under international law. At the same time, it is a dangerous act which illustrates cowardice in the midst of possible IDF criminal activity, behavior that increases the possibility that Israeli officers and soldiers will face trials abroad.
While the Attorney General is content with only an internal military investigation, this is not an effective strategy. The unaccountability of internal military investigations was only reinforced by today's events in which the content of revealed soldier testimonies was not evidently known by military investigators.
Circumstances point to the inadequacy of internal military investigations. The Military Advocate General only ordered the opening of an investigation by the Military Criminal Investigation Division following the publication of the Haaretz story, three weeks after the relevant materials reached the Chief of the General Staff. This tardiness follows a pattern of failures to investigate suspicions of serious crimes and illegitimate officer orders. Such partial investigation represents only a fraction of the necessary attention into this matter and raises suspicions that the norms of whitewashing serious crimes have spread across all ranks of the army.
Human Rights Organizations in Israel calling for the opening of an independent investigation: The Association for Civil Rights in Israel, Bimkom, B'tselem, Gisha, Hamoked, The Public Committee Against Torture, Yesh Din, Physicians for Human Rights, Rabbis for Human Rights,
A letter sent by the Israeli Human Rights Organizations to the Attorney General makes clear that the government's failure to establish an independent investigation constitutes a violation of Israel's responsibilities under international law. At the same time, it is a dangerous act which illustrates cowardice in the midst of possible IDF criminal activity, behavior that increases the possibility that Israeli officers and soldiers will face trials abroad.
While the Attorney General is content with only an internal military investigation, this is not an effective strategy. The unaccountability of internal military investigations was only reinforced by today's events in which the content of revealed soldier testimonies was not evidently known by military investigators.
Circumstances point to the inadequacy of internal military investigations. The Military Advocate General only ordered the opening of an investigation by the Military Criminal Investigation Division following the publication of the Haaretz story, three weeks after the relevant materials reached the Chief of the General Staff. This tardiness follows a pattern of failures to investigate suspicions of serious crimes and illegitimate officer orders. Such partial investigation represents only a fraction of the necessary attention into this matter and raises suspicions that the norms of whitewashing serious crimes have spread across all ranks of the army.
Human Rights Organizations in Israel calling for the opening of an independent investigation: The Association for Civil Rights in Israel, Bimkom, B'tselem, Gisha, Hamoked, The Public Committee Against Torture, Yesh Din, Physicians for Human Rights, Rabbis for Human Rights,
Adalah, and Itach – Women Lawyers for Social Justice
***********************************************************************************
18 March 2009:
Israeli High Court allows demolition family home of Jerusalem attack perpetrator
On 18 March, the Israeli High Court of Justice allowed the state to demolish the home of the family of Husam Dwayat, who used a bulldozer to carry out an attack in the center of Jerusalem last July. Dwayat’s widow and two small children live in the apartment, which is on the first floor of a building.
As in previous cases of this kind, the justices (Levy, Grunis, and Na’or) accepted the state’s argument that demolition of the apartment will deter others from carrying out similar acts. The justices approved the demolition, even though the state never contended that Dwayat’s family assisted him or knew of his plans.
From 1967 to 2005, Israel maintained a policy to demolish or seal houses in the West Bank and the Gaza Strip as a means to punish the families of Palestinians who had injured Israelis. The policy was based on the claim that, out of concern for their families, Palestinians would be deterred from carrying out attacks. In implementing this policy, from October 2001 to the end of January 2005, Israel demolished 664 houses, leaving 4,182 persons homeless.
This practice is forbidden under international humanitarian law. The declared objective is to harm innocent persons – relatives of suspects – whom nobody contends were involved in any offense. As such, it constitutes collective punishment, which violates the principle that a person is not to be punished for the acts of another.
In February 2005, Defense Minister Shaul Mofaz and Chief of Staff Moshe Ya’alon accepted the recommendations of a team headed by Maj. Gen. Udi Shani, which called for ending this policy, on the grounds that it does not deter, and causes more harm than potential benefit. The recommendation, and the decision to adopt it, eliminated the foundation for the claim of deterrence that Israel had maintained for so many years.
On 19 January 2009, without giving a convincing explanation, Israel renewed its policy and sealed two of four floors in the house of the family of the perpetrator of the attack at the Mercaz Harav yeshiva in Jerusalem, ‘Alaa Abu Dahim, in which his parents and one of his brothers lived.
On 18 March, the Israeli High Court of Justice allowed the state to demolish the home of the family of Husam Dwayat, who used a bulldozer to carry out an attack in the center of Jerusalem last July. Dwayat’s widow and two small children live in the apartment, which is on the first floor of a building.
As in previous cases of this kind, the justices (Levy, Grunis, and Na’or) accepted the state’s argument that demolition of the apartment will deter others from carrying out similar acts. The justices approved the demolition, even though the state never contended that Dwayat’s family assisted him or knew of his plans.
From 1967 to 2005, Israel maintained a policy to demolish or seal houses in the West Bank and the Gaza Strip as a means to punish the families of Palestinians who had injured Israelis. The policy was based on the claim that, out of concern for their families, Palestinians would be deterred from carrying out attacks. In implementing this policy, from October 2001 to the end of January 2005, Israel demolished 664 houses, leaving 4,182 persons homeless.
This practice is forbidden under international humanitarian law. The declared objective is to harm innocent persons – relatives of suspects – whom nobody contends were involved in any offense. As such, it constitutes collective punishment, which violates the principle that a person is not to be punished for the acts of another.
In February 2005, Defense Minister Shaul Mofaz and Chief of Staff Moshe Ya’alon accepted the recommendations of a team headed by Maj. Gen. Udi Shani, which called for ending this policy, on the grounds that it does not deter, and causes more harm than potential benefit. The recommendation, and the decision to adopt it, eliminated the foundation for the claim of deterrence that Israel had maintained for so many years.
On 19 January 2009, without giving a convincing explanation, Israel renewed its policy and sealed two of four floors in the house of the family of the perpetrator of the attack at the Mercaz Harav yeshiva in Jerusalem, ‘Alaa Abu Dahim, in which his parents and one of his brothers lived.
In that case as well, the High Court approved the state’s action.
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