IDF closes investigation into incident in which 21 civilians were killed
The IDF has closed an investigation into an incident that occurred during Operation Cast Lead in which 21 civilians were killed. According to the IDF, no war crimes were committed. The officer who ordered that the Samouni home be shelled did not know that there were civilians inside the house (Hat Tip: Elihu S). Witnesses said that on Jan. 4, 2009, Israeli troops had ordered about 100 civilians in the Zeitun district of Gaza to enter the house and stay there, out of their way. But the following day the house was hit by Israeli shells and collapsed, killing many members of the extended Samouni family.Given this finding, I don't understand why Malka is not being promoted, assuming that is otherwise his due. But then, that's why Ganz is now the IDF Chief of Staff and not Yoav Galant....
After an investigation into the shelling and allegations of war crimes, Military Advocate-General Efroni "found the accusations groundless," the military said in a statement. "The military advocate-general also found that none of the involved soldiers or officers acted in a negligent manner." However, the military said it was making changes to "ensure that such events will not happen again."
Reporting on Tuesday on the decision not to take legal action, Israel's Channel 10 television described the shelling as "the most serious operational mishap" of the Gaza war.
In early 2010, then Military Advocate-General Maj. Gen. Avichai Mendelblit began investigating Col. Malka for allegedly ordering an air strike on a Gaza building despite being aware that only civilians were inside.
During a police interrogation under caution, Malka confirmed his order to bomb the building, but denied that he knew civilians were inside. Malka said he ordered the strike because aerial images had shown terrorists armed with rocket-propelled grenades in the area.
Due to the investigation, then Chief of General Staff Lt. Gen. Gabi Ashkenazi denied him a promotion. Malka currently holds the position of Central Command operations officer. Now that the case against him has been closed, after a delay of two years, he is expected to be promoted to the rank of brigadier-general. However, Chief of General Staff Lt. Gen. Benny Gantz has decided that Malka will not be promoted to a command position, according to Israel Radio.
Mendelblit said on Tuesday that facts discovered during the investigation refuted accusations of war crimes against Malka and that others involved in the incident were also found innocent of wrong-doing. Mendelblit added that Malka's decision did not deviate from the decisions that any "reasonable officer" would make.
Apparently, the reason the IDF went after the house is that - surprise - Hamas was firing from the house and using those inside as human shields.
Lt. Col. (res.) Sammy Asraf, who was Givati Brigade chief of staff at the time, told Israel Radio that had Malka not ordered the strike, Givati soldiers "would no doubt have been wounded." He emphasized that the shelling was aimed at a house from which heavy fire was being aimed at the Israeli troops.I discussed Hamas' use of human shields during Operation Cast Lead in a video-filled post here.
Labels: civilian casualties, human shields, Operation Cast Lead
posted by Carl in Jerusalem @ 1:31 AM
2 Comments:
I'm no lawyer but I have read the Geneva Convention of 1949.
Article 4 states that nationals of a state which is not bound by the Convention are not protected by it. Since Arab residents of Gaza and Judea and Samaria don't claim citizenship in any Arab state signatory to the Geneva Convention, they aren't protected by the Geneva Convention.
Article 19 states that the protection that civilians hospitals are entitled to unless they are used to commit acts acts harmful to the enemy. That would mean that Hamas' use of Gaza hospitals as hideouts and military headquarters removes, after a formal notice, their protection under the Convention.
Article 28 states that the presence of protected persons, i.e. Arab civilians, may not be used to render certain points or areas immune from military operations.
"Malka confirmed his order to bomb the building, but denied that he knew civilians were inside. Malka said he ordered the strike because aerial images had shown terrorists armed with rocket-propelled grenades in the area...Apparently, the reason the IDF went after the house is that - surprise - Hamas was firing from the house and using those inside as human shields."
Given Col. Malka's actions were reasonable and appropriate command battle decisions, seems to me that the Geneva Convention says he acted rightly and lawfully. The only war crime is that of Hamas in using the civilians as human shields. It's all too easy for military bureaucrats commanding a desk and an in/out tray to make judgments of a field combat commander, who must make command decisions NOW, protect his men and win the battle.
"Given this finding, I don't understand why Malka is not being promoted, assuming that is otherwise his due", said Carl. Same here. His superiors determined Malka did no wrong. As he has a clean slate, there shouldn't be any negative repercussions against him. Theoretically...in a perfect world...
What is the logic? Hostiles were in the area of the building so he bombed the building? Sure why not. Like an enema, it can't hurt. The Fearless Fosdik school of combat operations. And somehow the information that this was a civilian building never reached the operational command? Nobody in the IDF tells their mifadeds anything any more? So, it wasn't a war crime--it was just a screw up in his command. And 21 folks got blown up. For this he gets a promotion? Maybe not.
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