IDF soldier charged with killing woman during Gaza war
After more than 400 officers and fighters questioned, military Advocate General decides to file criminal indictment.
By Anshel Pfeffer Tags: Israel news IDF GazaAn Israel Defense Forces soldier has been officially charged with killing a woman in Gaza during Operation Cast Lead in early 2009. The indictment against the soldier, a member of the Givati brigade, was filed on Tuesday following a military hearing.
Military Advocate General Avihai Mandelblit furthermore has taken legal action against soldiers who allegedly deviated from explicit orders in three additional incidents during Israel's winter offensive in Gaza.
The advocate general also decided to close the proceedings on all the other incidents that were mentioned in the Goldstone Report, a report commissioned by the United Nations to investigate Operation Cast Lead. The report mentioned 23 incidents of alleged war crimes perpetrated by Israeli soldiers. Mandelblit arrived at these decisions in light of the findings of the military probe in which more than 400 officers and fighters were questioned over the last 18 months.
The indictments are of a criminal nature and include manslaughter and disobeying a military directive pertaining to the prohibition on the use of civilians for operational activity.
Mendelblit also ordered disciplinary proceedings against a captain for the failure in professional discretion in the approval of an attack on a terrorist operative, as well as opened a criminal investigation into the deaths of 29 members of the Al-Samoni family in the opening days of Israel's ground offensive.
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IDF soldiers in Gaza during Operation Cast Lead. |
| Photo by: IDF Spokesman |
Last month, the IDF soldier faced charges over opening fire on 64-year-old Raya Salma Abu Hajjaj and her 35-year-old daughter Majda in disregard of the IDF's rules of engagement during Operation Cast Lead.
The summons to the soldier's hearing used unusually strong phrasing, including the word 'killing', which leaves open the possibility of a manslaughter charge, or a lesser charge of negligence.
The soldier, identified only as First Sergeant S., said during an army investigation that he had fired at the women's legs only when he believed troops' lives to be at risk and had not intended to kill them.
But Palestinian eyewitnesses to the shooting south of Gaza city on January 4, 2009, said the women were among a group of civilians waving white flags.
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Oh hell yes! makes all the sense in the world - and of course IDF soldiers are KNOWN for being extremely poor shots. Hey! Maybe that explains the 1/1(friendly/hostile) casualty ratio it experienced during the Gaza offensive.
Nahhhh! It ain't gonna happen. This is the same old show the IDF uses whenever there's a murder it can't easily brush under the rug. And the outcome will be no different. This killing of civilians - like most that happened during Cast Lead - did NOT happen in the heat of battle, but was instead a much more casual act. Now take a look at the possible charges he faces: "a manslaughter charge, or a lesser charge of negligence"? This means that IF it ever comes to trial, the charge will be some petty offense like "misuse of a firearm" - a charge the U.S. army might use against someone for shooting jack rabbits - and would no doubt have a stiffer penalty.
Just a scapegoat.
The Al-Samouni family killings was one of the worst atrocities of Cast Lead. The villagers from Zeitoun , mainly extended Al-Samouni family members, were herded into a house and told they would be safe. The house was shelled, the IDF refused to let ambulances near the house for 4 days. Of the 100 children in this village 60 lost one or both parents, and many of the children were seriously injured, with dead bodies of relatives around them for days. Most lost siblings, uncles, aunts, grandparents. These particular children are suffering extreme psychological trauma and it's about time justice was served for them.
First, if Hamas would not have bomber Sderot for more than 7 years all this would have been avoided. Second, one can send police like forces, trained to deal with situations involving civilians, only in small places with small resistance (like one shooter in one building). To deal with all of Gaza, and stop the shootings, one needs the army. The army consists of tens of thousands very young soldiers involved, they are trained to win against other armies. Not to fight terrorists hiding within civilian population. The truth is, that single no country today has the necessary tools to fight such a huge army of terrorists hiding within civilians, and to do this in a "surgical mode". Lawyers simply look for something that does not exist. They look for an entity composed of 50% soldiers, 50% lawyers, and smart bombs capable of automatically distinguish good guys from bad guys. It is not fair to ask for an 18 year old soldier, to think in a split second, in life threatening situation, in the same way as a committee of relaxed 50 year old lawyers, pondering on the situation on espressos after a lavish meal, and having as much time as they need. But returning to the main point: Hamas generated all this chain of events.
so do not put them in that position where they can only do evil... where it is impossible to do good
Please, really, I don't understand what you suggest. That we don't give me them Gaza back in 2005?
Encouraging but who is being held accountable for the over 300 Gazan children that were killed during Operation Cast Lead? That is the question the international community wants an answer to. Fluff will not suffice.
In Orwell world we are talking about HUMAN SHIELDS are we not? My double speak double think dictionary is red hot and smoking with over use. PEACE EVER?
So did the japanese WW2 and when the yanky came close he blew himself up, maybe some of you have not heard of female suicide bombers, when you are in the heat of batle it is not easy to remain calm and opjective and misteeks happen,so it is in all the wars that went before.joseph
Speculation, no proof that those women were wearing suicide vests whether there are women suicide bombers or not.
Did you see Youtubes videos with Hamas fighters hiding amongst civilians?A war crime. Did you read about Hamas fighters fighting in civilian clothes? Another war crime. Do you remember Hamas officials hiding in hospital? Yet another war crime. Still ready to trust a Palestinian just because s(he) is waving a white flag Suad?Don't do it.
Scapegoat.
Is there nothing intrinsically treasonous about subjecting your own serviceman to discipline for acting within an environment of hostility that was created by top level people in the first place? The people doing the punishing, and the top level power brokers, are more to blame, under any moral, ethical or legal context, than the soldiers who carried out their orders or within the context of rules of engagement that were set out by officers. There is much testimony from former IDF soldiers and officers relating how orders came form the top down to do horrible and atrocious things to Palestinians. Most of these soldiers went AWOL due to the fact that they couldn't humanely carry out the acts they were being asked to carry out in the name of Israel and Zionism.
A war is when two armies oppose each other and engage in combat. What happened during Cast Lead was more akin to a gorilla stamping on a mouse and as such a shameful abuse of power
For some people it is hard to hear the warcrimes of the IDF. That army is realy not clean as many people think.
Since when have the Palestinians been anything other than pathological liars. If the court based it's decision on the testimony of our enemies, that is repulsive.
Prejudice, hate, racism and wars exist because of people like you,, who obviously think that ALL Palestinians are the same, who label people without knowing them.
And has been my experience as well
Yes - I know exactly how it sounds. Muslims have been using women and children as human shields not only in Israel but everywhere else they are fighting. Prejudice? Hate? Racism? I think those monikers belong to Islam. Wars aren't started by "people like me", they are started by Muslim fanatics who, when they are not killing each other, are killing non-muslims.
You"ve come along way Israel!
Hamas and other terrorist groups like it are the ones you should be addressing. The despise all Israelis uniformly, regardless of status.
Ever read any reports from 'Breaking the Silence'? this incident was reported by soldiers before the Goldstone report mentioned it
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So you feel that these statements are appropiate, I feel so sorry for you. So how is this different from anti-semitism, apartheid in S Africa, religious bigotry against Irish Catholics in the UK racism in the US during the civil rights movement of the 60's need any more examples or have you stopped reading already?
If you cannot then you are one of those who is targeting in his post.
1400 people died, only one of them deviated from explicit orders? That means the 1399 others who died, were were killed by orders from above. It is time to indicte Barak and the Generals.
Civilians were killed by mistake (a tragedy) or intentionally (a crime). For example, all civilians killed in Israel by Hamas and Hezbollah were killed intentionally (they even openly admit it). If any Israeli solders disobeyed the orders and killed civilians intentionally they will stand trial for that. Now if only you would demand Palestinians and Lebanese to put on trial Hamas And Hezbollah fighters and commanders intentionally targeting civilians in Israel...
After all, the govt that ordered the IDF to go Gang-Busters on Gaza without much concern for civilian casualties was also democratically elected. Does that make ALL Israelis fair game when it comes time to face justice upon the war criminals amongst them? I would suggest that by YOUR logic the answer is "Yes, all Israelis leaders are culpable for the war crimes of the IDF".and must stand trial for war crimes in Hague
Where were you during Hamas- Fatah fighting? I don't remember any post signed Tony Silver that was condemning war crimes committed against civilians in Gaza by Hamas and Fatah so why should you care now when you already abandoned Gazans when they needed your support?Too bad you did not care before Tony .
International law, look it up, permits a state to aggresively go after military targets in civilian areas. The war crime in that context is a military entity that situates itself in a civilian area. Of course, the state must not target purely civilian targets but may go after a military target even if civilians are present. If possible the state must avoid civilian harm but if that isn't possible, it is permitted to act anyway. In short, its not Israel that should be before the Hague but Hamas and Hezbollah operatives.
If Israel has not committed any war crimes, if the IDF has a perfectly good conscience, then what do you have to fear? The more rage you demonstrate fighting the report, the more guilty you appear. Make an inquiry into the charges and prove to the international community that they are wrong. This is the only way you will convince the world. Not by lobbying against Goldstone could do.
and you know it
Just another Holocaust, not much else really. The world has shown us how fair it can be. One lesson was more than enough. Never again.
Ron: Do you know how paranoid and unhealthy that sounds? The world is not out to get you - we all grew up with horror stories of the Holocaust, not just Jews. But if you keep displaying fear and hostility that's what eventually will come back to you.
Logios is absolutely right. They're going after the low-level soldiers who were simply following orders in order to protect the policy-makers who openly encouraged the attacks on civlian infrastructure and in fact, directed the attacks.
I am all for justice being served in the IDF, but the length of that has passed since Cast Lead is so long that these investigations seem politically motivated to appease the likes of Saudi Arabia and other oil interests more than the act of serving justice. Why must Israel harass it's soldiers to appease US oil handlers is beyond me?
... but so far the IDF is investigating only the small fish. The highest ranking officer accused is a Lt. Col. I suspect that other Goldstone accusations of war crimes, such as "attacks on the foundations of civilian life in Gaza: destruction of industrial infrastructure, food production, water installations, sewage treatment and housing", will not be investigated since they involve the highest level officers and the civilian leadership. Perhaps the goal of the IDF investigation is to show the Security Council that Israel is really doing an investigation, so the issue should not be sent to the Hague. But the low level of the accused may work against this strategy.
Islamic regime pressure their own soldiers. This is ridiculous
Did they commit any similar atrocities against israel as israel did in Gaza? Did they use any Chemical weapons to israelis?
much much worse to their own people...and hope to do much much worse to israelis
Turkey has indicted soldiers for unlawful killing. Iran just executed two jailers for crimes they committed against detainees during last year's unrest. It is Israel that fails to take such actions.
do you call phosphorus then??
Yes I know, it was a funny joke... Irony that Israel's enemies rely on Israel's binding of Law to weaken the battle, where the other side could care less how much Jewish blood is spilled, where it is and on what circumstances... Ironic indeed.
hamas fighters are not "soldiers", they are considered "militants" or "terrorists", thus, no need for them to follow the law. Israeli military on the other hand is part of a democratic state that should set an example on how NOT act like a group of terrorists. something the IDF has failed to do, which explains the accusations of human rights abuses and war crimes.
You know Israel doesn't accept the Hamas, so Israel kills Hamas members as muchs as possible. So it is useless to invest crimes of the Hamas. But it is time all countries accept the International law.
Kaitlynn: Goldstone, despite extensive questioning, found no evidence of war crimes by Hamas against the civilian population. He found evidence of the IDF using human shields, targeting civilians, wanton destruction of property and more.
Kaitlynn: Goldstone, despite extensive questioning, found no evidence of war crimes by Hamas against the civilian population. He found evidence of the IDF using human shields, targeting civilians, wanton destruction of property and more.
But are you saying that Israel should be treated the same as Hamas?
Hamas was accused, in the Goldstone Report, of committing war crimes by shooting rockets into Israeli civilian populations.
As expected, a few cases involveing low rank soldiers and officers will lead to criminal proceedings. But the more serious policy crimes will go uninvestigated, despite their massive impact on civilians life and property. Fool the world, but one can't fool oneself!
... must be in the top list.
Don't forget Tzipi Livni either.
As a kid wearing a false gentile name I have seen such circumstances from German troops when US and UK army landed in 1944. I did not think the country for which father uncle fought would recall me of them.
The IDF are charging soldiers with war crimes to prevent the senior echelons of the IDF and Israeli politicians being arrested and sent to The Hague. Nothing to do with the IDF investigating itself and being willing to charge soldiers wit war crimes, and everything to do with The Goldstone report and the fact that it hasn't gone away unlike previous International enquiries pertaining to Israel. This is Israel trying to avoid International justice by charging the small fry, even then it is doubtful that the trial will conform to International norms, with Gazans allowed out of Gaza to testify.
which is only show and tell but not really seriously
Please, it's insulting to Israel to mark their standards alongside the groups you mention.
Or is the army rewarding do-nothing officers?
The bringing of charges against the soldier demonstrates the willingness of the IDF to engage in self-assessment and self-criticism. It is difficult to imagine a Hamas militant facing the same charges in a Hamas court for causing the deaths of Israelis.
Since the stated goal of the hamas is to target and kill civilians...
Is it really a demonstration of the willingness of the IDF to engage in self-assessment and self-criticism _or_ is it a way to wash their hands by putting the blame on one soldier? I dont know to be honest. I hope you're right though.
That's the point. We can expect civlized behavior from Israel, but never from Israel's militant enemies.
Sadly, scapegoating of enlisted ranks is common in every army, and you're right, it's always easier to condemn one man than it is to condemn military leaders or an entire system. We can only hope that the truth about this particular incident will be revealed at trial, and if warranted, that the soldier will be exonerated.
May be the goal but it's the IDF that does just that.
The goal is apparently, to cripple forces with regulations designed to protect the enemy and then blame them for failure. Here is some news, if a "Civilian" becomes a combatants by "Hiding Terrorists and their Weapons in their Homes", then there are very few Civilians left in Gaza or Southern Lebanon. Just because you did not fire a Missile Today, doesn't mean you did not fire a missile Yesterday.
It's "ensure", not "insure". Also, your placement of commas is abysmal. Stick to Hebrew.
cuz im sure that the 64-year-old Raya Salma Abu Hajjaj and her 35-year-old daughter Majda were firing missiles the day before they were killed.
you can end the illegal and immoral occupation that makes the war necessary. i'll concede that the arabs started the war, but israel's the one that can't let it go.
Isn't this just the converse of the Hamas argument that Israelis that support the government become legitimate targets of terror attacks? Civilians should be seen in the same light on both sides. They are non-combatants and protected by international law unitl they take up arms.
"Just because you did not fire a Missile Today, doesn't mean you did not fire a missile Yesterday" - Do you suggest the IDF should blindly target all civilians in Gaza, including women and children? Your declaration smells of facism and is unworthy of Israel.
... maybe there could have been a bit more circumspection, before condemning beleagured Goldstone so roundly...
Esther is incorrect on two fronts. First, in contrast to the Goldstone reports, infected with bias against the Jewish State from the inception, the current indictments are the product of real, objective due process. Second, to criticize the timing is to betray an ignorance of how due process works. Hate away Esther, but don't pretend to know anything about how justice works.
or in only one of them??
from the international community before singling out Israel and assuming its is a blood thirsty beast intent on committing war crimes any time the opportunity presents itself and incapable of introspection. Perhaps if there were a few investigations about casualties in Afghanistan, Iraq, Chechnia etc, Israel would not have reacted the way it did... In any event, now that things are progressing, all that's left is for the Hamas investigation into those thousands of rockets... When do you think that'll happen Esther?
goldstone and his terrorist friends indicted Israel before the facts were in. Israel did nothing wrong. When you wake up you will be glad the IDF was there to defend you. naive and dangerous
They needed coaching from Goldstone to make up a good story and stick to it.