Israel orders criminal probes of actions by its military in Gaza

Reporting from Jerusalem —  Israel ordered criminal investigations into some suspected cases of international law violations by its military during the recent fighting against Palestinian militants in the Gaza Strip, according to reports Wednesday.

The cases are among dozens under examination by Israel’s military involving operations that resulted in Palestinian civilian fatalities and damage to United Nations facilities.

Officials said two cases so far were referred to Israel’s military advocate general, who ordered military police to launch criminal investigations.

One case involves the death of four Palestinian boys, cousins from the Bakr family, killed in an Israeli strike while they were playing on the beach July 16. The incident gained wide news coverage, as it was witnessed by members of the foreign press staying at a nearby hotel. At the time, Israel’s military said the strike was directed at a military target by the beach.

The second case involves a July 24 incident in which 15 civilians, mostly children, were reported killed at a school run by the U.N. Relief and Works Agency in Beit Hanoun where Palestinians were seeking shelter from Israeli strikes.

Shortly after the incident, which drew condemnation from the United Nations, Israel’s military said it had aimed mortar fire at militants firing antitank missiles from near the school. The army said an errant mortar round had hit the courtyard but insisted it was vacant at the time of impact.

The recent fighting in Gaza killed more than 2,100 Palestinians, mostly civilians, according to international agencies. About 70 Israelis died, all but six of whom were soldiers. An open-ended cease-fire was reached in late August.

Established in response to the recommendation of a public investigation committee after a previous military assault on Gaza, Israel’s internal investigation mechanism was activated at an early stage of the fighting in July, before Israel launched its ground operation in the coastal enclave. Israel faced relentless rocket fire from Gaza, which is controlled by the Hamas militant group.

The investigations involve six teams staffed by high-ranking officers outside the chain of command in the recent fighting and overseen by Maj. Gen. Noam Tibon, an army statement said.

Additional cases still being reviewed by Maj. Gen. Dan Efroni, the chief military prosecutor, include the bombing of the Al-Batsh family house in the Tuffah neighborhood of Gaza City on July 12. At least 15 people from the extended family were killed and 35 injured as the house and a nearby mosque were hit.

Efroni decided several other cases did not violate international law and did not warrant criminal prosecution.

One such case was the July 8 strike on the Kaware family home in Han Younis that killed eight civilians. According to the military, the occupants of the house vacated it after being warned with individual phone calls and a dummy missile to the roof, but returned to the premises after the live bomb had already been fired and could not be diverted. Efroni concluded that Israel had taken necessary precautions in keeping with Israeli and international law and ordered the case closed “despite the tragic outcome.”

Included among the dozens of incidents the army plans to investigate are events that took place in Rafah on Aug. 1, when the protocol known as the “Hannibal procedure” was employed when Palestinian militants made off with the body of Israeli officer Hadar Goldin. The protocol, in place since the 1980s, calls for use of heavy fire and other means to prevent the abduction of a soldier. At least 130 Palestinians were reported killed in the massive shelling that followed. Goldin’s remains were not recovered.

The investigation teams are authorized to gather materials from all military branches as well as outside the army, including civilian testimony.

Several days ago, the Israeli rights group B’Tselem criticized Israel’s investigation mechanism and said authorities had shown they cannot investigate suspected Israeli violations of international law in Gaza.

Among other reasons, the group cited the “dual role” of the military advocate general, who gives legal counsel to the army before and during combat and then has to decide on criminal responsibility.

Efroni said last month that the Gaza investigations would be “effective, thorough, swift and as transparent as possible.”

Also Wednesday, U.N. Secretary-General Ban Ki-Moon said the organization was preparing to investigate Israel’s targeting of its schools in Gaza during the fighting this summer. Separately, the United Nations Human Rights Council appointed a panel to investigate Israel for suspected violations of international and humanitarian law in recent months, particularly in Gaza.

Sobelman is a special correspondent.