IDF to charge soldier with killing two Palestinian women during Gaza war
Soldier suspected breaking rules of engagement by opening fire on 65-year-old woman and her daughter.
By Amos Harel Tags: Israel news IDF Gaza warA Israeli soldier is to face charges over the shooting of two Palestinian women during Operation Cast lead in Gaza a year and a half ago, the army said on Wednesday.
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An IDF soldier during the Gaza war |
| Photo by: (Archive) |
The solider will be charged with opening fire on a 64-year-old Raya Salma Abu Hajjaj and her 35-year-old daughter Majda in disregard of the IDF's rules of engagement.
Chief Army Prosecutor Avihai Mandelblit will on June 22 hold a hearing to determine the exact charges the soldier will face.
The unusually strong phrasing of the summons to the hearing, which includes the word 'killing', leaves open the possibility of a manslaughter charge, or a lesser charge of negligence.
The soldier, identified only as First Seargent 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.
Sergeant S. was part of a combined force of Givati and armored brigades which had entered a built up area when it identified a group of around 30 Palestinians walking towards them, apparently after being ordered by the IDF to evacuate their homes in a neighboring area.
A deputy battalion commander ordered troops to fire warning shots towards the group - but not at them. Soon after the order was given, two Givati brigade soldiers joined the troops. One of them, S., opened fire, killing the two women.
Investigators found that the battalion commander had acted properly. The case is expected to center on how much S. knew of the circumstances and the commander's orders when he arrived at the scene.
The fatal incident was first investigated following reports by B'Tselem, an Israeli human rights organization, and was later mentioned in a UN report by former South African jurist Richard Goldstone, which accused both Israel and Hamas with war crimes.
If S. is charged, he will be the third soldier to be tried for offenses during the Gaza war.
Some 1,400 Palestinians and 13 Israelis were killed during Israel's three-week war on Hamas in late 2008 and early 2009.
Earlier this year, Israel submitted its response to the UN report. Defense Minister Ehud Barak said at the time:
"This report stresses that the IDF is like no other army, both from a moral standpoint as well as from a professional standpoint."
Barak said: "All of the soldiers and officers whom we sent to battle need to know that the state of Israel stands behind them even on the day after."
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an Israeli national travellig on a Polish passport being arrested for forging a German Passport, and about to be (in the next 40 days) deported to Germany from Poland. This soldier is being scapegoated to try and cinfluence the news cycle
Oh yes ISrael has the most moral army in the world. Now let the world see how hamas investigates its own criminal acts. Well they did say they would investigate didnt they. No results yet one and a half years later. Will they ever do as then promised. No not likely but them again does the international community ever hold them to account.NO IT DOESNT
I wonder how many of these talkbackers have ever actually been to war? You cannot judge a war experience from the comfort of your lounge chair, nor can you judge any act during war in relation to what one may call civilised behaviour. Soldiers are taught to kill, soldiers are humans, but are taught that the enemy is NOT HUMAN. That is the problem in war. Soldiers ARE not guilty of war crimes-Governments are. The solution is simple-THERE SHOULD BE NO WARS-PERIOD.
I wonder that you with your judgement try to defeat soldiers' inhuman behaviour during wars... but with the same reason you could justify to throw rockets to israel, sucide bombing and so on... Learnt, seen or lived behaviour shoudn't be an excuse to make the same and sooooooo long mistakes.
The IDF must be careful not to cause Civil War among the population. You have on one hand The Settlers challanging the government on the ground religious belief and now you have the IDF challanging its soldiers who are forced into a position by its leaders! Next time the soldiers will not obey the army and then what will happen? Civil war
Take "The Report of the Bloody Sunday Inquiry' as an example.
Don't you think the Israeli media is dishing alot the terrorist label on arabs/muslims. How about calling him a terrorist that he is or that is breaking the rules of the freeworld ??
It's not a matter of this trial or that committee, this investigation or that deciusion - it's the very existence of the State of Israel that they are after. It is only when we Jews in Israel are either all dead or all thrown into the sea that all the posters I see here will cease their incessant and raucous criticism.
"IDF always acts according to international laws. Terrorists are threatening our soil and we have the right to protect our country from these attacks. IDF obeys the rules and killed these 2 terrorists. I am proud of IDF.Also the terrorists are killed by our commandos. Turkey is a Islamic fundamentalist country and sent these people to terrorize our country. We must stick together and face these harsh attacks. " Most Jewish people think like that. If it weren't, how could Liebermann be minister in cabinet ? End to Zionism is near..
What is it about "due process" that you guys don't get? He hasn't been charged with anything yet, and until he is then it is utterly irresponsible to be stating (as this article is stating) that he *will* *be* charged. After all, what if those charges are never actually, you know, charged???
but obviously all the rest in it are lies and Jew hating propaganda as claimed by the Israeli government and public after its publication. I think it's called bunker mentality and it befalls the ones who always believe to be right and everybody else to be wrong, no matter what.
Israel knows how to take responsibility. A recent example is Vinograd (the list of investigations that critcized all levels of gvnt is long, google it) . When was the last time you saw something even close to that amongst the Pals or even Arab world? Perhaps your Bunker Mentality might apply more readily to them.
"A deputy battalion commander ordered troops to fire warning shots towards the group - but not at them" The IDF should learn to use non lethal forms of communication.
....not "terrorists" and by definition thus deserving to die then ???
What cheap pithy comments Mo. What exactly are tyou trying to say. Hamas said it would investigate its actions and report to the UN commission Well a year and a half later no sign of any investigation being done or being concluded and no results. I guess hamas acted properly at all times during cast Lead.
I think they are mistaking themselves to be freedom fighters. The IDF shares the same reputations as Al shabab in Somalia! Nice job!
If he is guilty, then he deserves the punishment he gets. But I must say the IDF prosecuting a few of the little guys to make the impression to the international community that the IDF fights with a morality of arms is hypocritical. What about prosecuting those who decided to use phosphorous? Oh no way, that might require prosecuting someone higher up the ladder, oh no and that might discredit (fairly) the IDF's public image at home and abroad... Well we know the political echelon won't allow that. Therefore, while this prosecution may be warranted, and punishment deserving, this soldier is a scape goat saver a lot of "more important' people's skins. And with the prosecution coming from within the IDF, it is bald-faced hypocrisy. Bring on the ICC if the IDF did no wrong...
What phosphorous? Israle always denied the use of this substance. Why should I believe the BBC more than the IDF? What reason would they have to use phosphorous? Mental illness?
It must have been a self defence, they were about to throw a stone?
Some of these respondents here should complete their sentences.
for indicting in some dummy investigations. We are SOOOOOOOO moral, aren't we?
Nothing will come of it - IDF soldiers are never held accountable for acts committed against Palestinians. Oh wait! I forgot, there WAS that credit card incident...
After all the stonewalling and denying any wrongdoing, suddenly charges are filed? That's great, but quite surprising. Does the army finally wants to make the claim about being "the most moral army in the world" come true? If this is really a move towards accountability and upholding ethical standards, that would be an enormous step ahead!
or just more propaganda ?
This is an attempt do divert attention off all the other warcrimes comitted to make the gov look credible.I don't see the point of making one suffer for the many unless this is opening of the flood gates for all the war crimes
he was given a clear directive to shoot to kill, now his bosses are denying this? this poor soldier was only following orders, and now he is paying the price, better the sodliers defy the order to shoot on site and escape conviction.
Nazis were hung at Nuremberg after unsuccessfully using "Superior Orders" as a defense of their war-crimes. The Defense of Superior Orders became known as the Nuremberg Defense. Or to paraphrase Shakespeare " A man's soul is his own"
the IDF and Israel are by no means perfect. But at least there are small yet significant successes. In some locations near Israel, after an incident like this, the authorities would have named a city square after the soldier... perhaps candy distribution in the streets would have been in order to celebrate "the death of the enemy"
So after 18 Months of investigation, the IDF has found 1 soldier who allegedly Murdered two Palestinians - congratulations. Given that 1,400 died, I guess the investigating arm of the IDF better get a move along, it’s got another 1,398 deaths to investigate. I wonder if there has been any decision on those who fired the multiple air bursts of a white phosphorus?
Hi Rob, have you bothered to call on Hamas to level criminal charges against its terrorists for the thousands of missles it fires against Israeli citizens? How about for all of their bombings of Israeli cafes and busses. If you have, then ok and if not, your post reeks of hypocricy in the best case and anti-semitism in the worst.
The usual line among criminals who are caught is to point at someone else's crimes. That does not, however, take away the fact that they committed a crime. To ERSB: if the IDF commits crimes, should it be called on it?Yes of not?
Anti-semitism? Isn't it time that you guys changed the music.
doesn't work any more
to discharge Israel from the accusation of Goldstone report.
It's horrible that any Israeli soldier did this - but I am very proud to see Israel refusing to just let it go. Now, when are we going to see similar disciplinary action from Hamas for their operatives similar crimes? Yeah, you can stop laughing, now.
Oh please wake up Susan baby! One soldier?! Only one commited crime? 1500 people died all kids and women and Israel convicts only one soldier? I am not a Hamas supporter but when you hear 13 Israelis died from whom only 2 civilians I think i totally disagree with what you said.
Israel WOULD have "let it go" and this is the tip of the iceberg, it goes right to the highest level...did you even read the report? or are you scared of what you will find?
it appears that Hamas had a more direct way of dealing with its 'soldiers' who killed Pals, they shot them on the spot (of course, excluding those Pals aligned with Fatah).
Of course, that would be great, if Hamas showed that not every means of "resistance" is tolerated. That would even be in the best interest of that organistation, since it would greatly improve its image in the world. Alas, sadly, it doesn't look as if the Hamas leaders are reasonable enough to understand this.
I think it is kind of embarrassing to compare IDF with Hamas, unless you are trying to put both in the same category. Why every time IDF does anything wrong, you always justified it by bringing Hamas name in it. You say that Hamas is a terrorist organization, correct?
I cannot inderstand the mentality of someone who feels the need to say they are ''very proud'' of their country because it bothers to investigate soldiers who act without orders to shoot unarmed old ladies carrying white flags.
One party uses cheap (donated) weapons and the other uses expensive (donated) weapons. Both kill mainly civilians.
IDF names is so clean, it is not mentioned in wars in Lebanon, Palestine, Iraq, Dubai, Syria, etc. No blood on thier hands, not in the news continuosly being investigated,