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Last update - 04:25 27/11/2008 IDF rejects claims it killed Palestinians in defiance of court By Uri Blau Tags: Israel news  Brigadier General Avichai Mendelblit, Chief Military Advocate General, reacted to Haaretz's report Wednesday that the Israel Defense Forces have assassinated Palestinians in apparent defiance of High Court of Justice guidelines for such operations by saying the article - which will appear in full in Haaretz's weekend supplement - was "annoying and misleading." Human rights activists are considering filing a motion accusing the army of contempt of court following the report. Yoav Leff, spokesperson for the Public Committee Against Torture in Israel, said he intends to contact the Attorney General and request that he looks into the report. Advertisement In a conversation with Brigadier General Yair Naveh, who was the GOC Central Command at the time, he told Haaretz: "Never mind the court's instruction, I don't know when the court issued them." He added he preferred arresting suspects. Mendelblit added: "All of the IDF's actions, including targeted killings, are undertaken in accordance to the letter of the law in general, and according to the High Court of Justice's directives, in particular." One case analyzed in Haaretz's investigation is that of Ziad Malaisha, who was killed on June 20, 2007 in Kafr Dan, near Jenin. The plan of action to kill Malaisha was approved by Brigadier General Sammy Tourgeman, head of the staff's Operations unit; Major General Tal Russo, head of the IDF Operations Directorate; chief of the Central Command Yair Raveh, also a major-general, and by Chief-of-staff, Lieutenant General Gabbi Ashkenazi. On March 28, 2007, a meeting was called by then-GOC Central Command Yair Naveh to discuss Operation Two Towers. "The mission" said Naveh, "is to arrest," but "in case identification is made of one of the leaders of Palestinian Islamic Jihad, Walid Obeidi, Ziad Malaisha, or Adham Yunis, the force has permission to kill them, according to the situation assessment while carrying out the mission." On April 12, Naveh convened another meeting on the subject. This time, he approved killing Malaisha and "another two people, at most." At no point were the restrictions imposed on such actions by the High Court of Justice's ruling mentioned. The briefing did say that in case there is a child traveling with the Islamic Jihad militants, the action should be aborted. In Mendelblit's letter to Haaretz, he writes: "The discussion, which was held in the office of the head of the IDF Operations Directorate, was attended by a representative from the International Law Department of the Military Advocate General. The Operation Directorate's head explicitly stressed that the force needs to act in accordance with the High Court of Justice's ruling that wanted men should be arrested, if possible." A protocol summary of the meeting obtained by Haaretz does contain a reference to arresting the suspect, but only under the titles "alternative action." The chief of the Operations Directorate, the summary says, "stressed that it is important to present the alternative to arrest." This, the summary says, was "in light of the High Court of Justice's ruling on the subject." The summary also says that the "head of the Operations Directorate also underlined the need for proper documentation in light of the High court of Justice's instructions on the need for a review committee, and especially since this will be the first targeted killing since the ceasefire and after the court's ruling." The action plan was brought before the chief-of-staff for his approval the next day, April 13. "The chief-of-staff was aware of the court's ruling, and this is why he authorized the plan presented to him by the chief of the Operations Directorate, including the use of force against suspects whose arrest is impractical," Mendelblit writes. The summary of the meeting with the chief-of-staff, also obtained by Haaretz, bears no mention of the "arrest alternative." Bookmark to del.icio.us   A real mensch Chabad leaders say the slain rabbi's only concern was helping Jews away from home. An immodest proposal Likud MK suggests using Palestinian prisoners as human shields against Qassams.   1.   Reporter seeks notariety 07:05  |  Steve 27/11/08   2.   Courts are a nonsense anyway, would they rather have terror 10:00  |  Harvey 27/11/08   3.   #2 Harvey - To kill a Jewish `terrorist` is ok? 11:49  |  Manny Goldstein 27/11/08   4.   Wrong charge 12:33  |  Murray 27/11/08   5.   The IDF should adapt the American 12:40  |  Mark Lincoln 27/11/08   6.   After the terrorist attack in Mumbai 13:02  |  Chris Linthwaite 27/11/08   7.   Murray from London 15:06  |  Steve 27/11/08   8.   harvey 2 15:37  |  potobac 27/11/08   9.   potobac 5 17:13  |  Harvey 27/11/08   10.   IDF killings 18:47  |  Iamashamed 27/11/08   11.   Time for Sanktion against Israel 21:35  |  Dav 27/11/08   12.   In a perfect world, ... 21:38  |  Barney 27/11/08   13.   this isn`t murder 23:04  |  JDM 27/11/08   14.   #13-JDM 02:15  |  Iamashamed 28/11/08   15.   to #14 are you so blind? 08:00  |  JfromC 28/11/08   16.   IDF will be continuously tied up in legal ranglings and made 18:32  |  glenna 28/11/08   17.   Re 14 22:44  |  Steve J 28/11/08   18.   Potobac`s "protection" 08:26  |  SDHD 30/11/08   19.   Iamashamed`s definitions 08:27  |  SDHD 30/11/08

Read & React 9 dead in Mumbai Chabad house assault; Israel to help identify bodies Responses: 537 ANALYSIS / Is Al-Qaida behind the Mumbai terror attacks? Responses: 157 Roni Bart: Obama only makes demands of Israel, not the Palestinians Responses: 176 Anshel Pfeffer: U.S. Jews jealous of Israelis who don't have to grapple with Jewish identity Responses: 96 More Headlines 00:29 9 dead in Mumbai Chabad house attack; Israel to help identify bodies 09:11 Is 'the most dangerous man in the world' behind the Mumbai attacks? 00:58 At Chabad house, Israeli paramedics checked the dead as crowd hailed the soldiers 03:40 Israeli experts: Slow operation meant 'no chance' for hostages at Mumbai Chabad house 00:32 ANALYSIS / Are the Mumbai attacks Obama's first test? 05:08 IN-DEPTH / How Israel managed to hinder Iran nuclear plans 05:50 Bush to Olmert: Why are you giving Syria the Golan for nothing? 05:07 Only after Shabbat was Rivka Holtzberg's family told of Chabad house deaths 01:11 Tensions escalate between India and Pakistan in wake of Mumbai attacks 06:17 'Everything is from the tunnels', says savvy Gaza nine-year-old 08:18 Israel to free Hamas 'bargaining chips' arrested over Shalit kidnapping 01:48 IDF soldiers: We tried to no avail to have base near Nahal Oz relocated 03:57 Recent poll success has made Likud irresistible to donors 04:33 Israel's silicon valley seeks NIS 500 million state investment 03:08 U.S.-funded youth center aims to lure Palestinian teens from extremism Previous Editions Select Day 28 nov 27 nov 26 nov 25 nov 24 nov 23 nov 21 nov 20 nov 19 nov 18 nov 17 nov 16 nov

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