The
Israeli government is currently debating whether to establish an examination
committee into the military's actions in Gaza. This discussion is
taking place as a result of the UN Fact-Finding Mission's report, which
found that Israel had committed war crimes and perhaps crimes against
humanity against Palestinian civilians in Gaza. According to Justice
Richard Goldstone, who headed the mission, Israel must conduct an
independent investigation and prosecute violators, or political
leaders and military commanders might find themselves before the
International Criminal Court in The Hague.
Adalah
has
previous experience of working before an official commission of
inquiry. The Or Commission was established after enormous public
pressure to investigate the
killings of 13 Palestinian citizens of Israel by police in October
2000. Despite the fact that the Or Commission possessed ample
incriminating evidence and recommended the opening of criminal
investigations against those responsible for the fatal shootings, the
Attorney General (AG) decided in 2008 that no police officers or
commanders would face criminal indictment.
If the killing of
Palestinian citizens of Israel during civil protest demonstrations did
not lead to any indictments, can anyone imagine
the AG indicting a single soldier or officer for actions
undertaken
during Operation Cast Lead? The AG did not respect the Or Commission's
recommendations. What, then, can we realistically expect from an
examination
committee that will have less power and a lower status than an official
commission, and after the AG's office has already 'legalized'
all the military actions carried out by the army during Cast
Lead by giving it legal advice
and support throughout the operation?
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