Turkel Commission recommendations to investigate war crimes must be implemented
Adalah: Based on Turkel Commission's recommendations Israel must investigate and prosecute war crimes
On 19 May 2013, Adalah sent a letter to the Prime Minister, the Justice Minister, the Attorney General, and Military Advocate General demanding the implementation of the Turkel Commission's recommendations, including the formation of an investigatory body to inquire into alleged Israeli violations of the laws of war and breaches of its international law obligations. The letter refers to Part 2 of the Turkel Commission Report issued in February 2013. (See Adalah summary of the Turkel Commission Recommendations)
Adalah: Turkel Commission recommendations must be fully implemented
The letter, written by Adalah Attorney Fatmeh El-'Ajou, stated, "These recommendations, intended to protect victims from Israeli security operations, must be implemented through independent investigatory bodies with better efficacy, speed, and transparency. Those responsible for [violations committed during the course of] military operations must be held accountable."
Surprisingly, report declares compliance despite caveats
In the letter, Attorney El-'Ajou demanded that the Turkel Commission's recommendations be implemented completely. However, she also noted its internal inconsistency: on the one hand, the Commission claimed that Israeli investigation procedures comply with the standards of international law, while on the other hand, a very large number of its recommendations fundamentally differ from the existing investigation procedures.
Recommendations relate to international law and accountability
The Turkel Commission Report makes a number of recommendations relating to legislation and law, including incorporating international laws, standards, and prohibitions relating to war crimes, into Israeli law. It also recommends the enactment of a new law concerning “command responsibility”, which would hold commanding officers responsible for violations committed by lower-ranked officers if they did not take measures to prevent these offenses, or if they do not hold those responsible accountable.
GSS should audio/video record interrogations
Adalah also emphasized the Turkel Commission's recommendations regarding complaints made against General Security Service (GSS - Shin Bet or Shabak) interrogators, including that audio/video documentation should be taken during interrogations. The Turkel Commission, in fact, went further than the Israeli Supreme Court, when in February 2013, the court rejected a petition in this regard submitted by Adalah, together with the Public Committee Against Torture in Israel, Physicians for Human Rights-Israel and other human rights organizations.
The letter also recalled other recommendations relating to issues such as documentation at the scene of alleged violations, collecting investigation materials as quickly as possible, and maintaining and preserving evidence properly.
See also:
Turkel Commission's Conclusions on Gaza Blockade Contradict International Law, UN Report – 23 January 2011
The Turkel Report: A Preliminary Analysis - 28 February 2013
Photo: Destroyed ambulance in Gaza following Operation Cast Lead, used under Creative Commons – PHR-I
