Israel Matzav

Scapegoat?

An IDF soldier may face charges for allegedly killing two civilians during Operation Cast Lead.

The incident took place on January 4 in Juhar a-Dik, near Gaza City, when a group of about 30 Palestinian civilians, including women and children, approached an Israeli military position. The group, according to several eyewitness accounts, was waving white flags.

At a certain point, one of the IDF soldiers from the Givati Brigade opened fire, killing a mother and daughter – 35-year-old Majda Abu Hajiji and her 64-year-old mother Salama. The incident was later thoroughly investigated by B’Tselem and mentioned in the Goldstone Report.

During a military probe shortly following the incident, one soldier was picked out as responsible for opening fire at the group of civilians.

“Ahmad and Majda waved white flags, so the soldiers would see us. Suddenly, they opened fire at us, and we began to run eastward,” Majda’s sister-in-law Farhaneh Abu Hajaj latert told B’Tselem. “My mother-in-law was behind us because she couldn’t run. While I ran, I saw Majda on the ground. I thought she was lying there so she wouldn’t be hit by the gunfire. I said to her, “Get up! Get up!”, but she didn't move. I finally realized she had been killed by the gunfire.”

Mandelblit decided last year to open a Military Police criminal investigation into the incident during which the soldier was interrogated but explained that he had felt in danger, was in the middle of a battle, and therefore opened fire.

Next week, Mandelblit will hold a special hearing for the soldier before deciding if to press charges and if so on what count. One possibility under consideration is manslaughter.

Based on past experience, the 'Palestinians' are serial liars. Unless another soldier in the unit corroborated the testimony, I would not believe it.

Haaretz has decided that the soldier will face charges and Mandelblit's hearing is only to decide what charges he will face. Haaretz also adds:

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.

I reported on the previous charges here - as far as I am aware, there has been no decision rendered yet in that case.

posted by Carl in Jerusalem @ 8:15 AM