An Israeli soldier fires tear gas at Palestinian protesters during recent clashes in Hebron |
Citing a raft of deep systemic failures, human rights group B'Tselem
has announced that it will no longer cooperate with Israel's military
law enforcement system.
For the past 25 years, B'Tselem, which documents Israeli human rights
violations in the occupied Palestinian territories, has served as a
"subcontractor" for the system by submitting complaints about soldiers'
alleged misconduct, gathering relevant documents and evidence, and
requesting updates for affected Palestinian families.
While the goal was to help to bring justice to Palestinian victims
and deter future misconduct, the reality has been the opposite, B'Tselem
said in a scathing report released on Wednesday.
"B'Tselem's cooperation with the military investigation and
enforcement system has not achieved justice, instead lending legitimacy
to the occupation regime and aiding to whitewash it," the report noted.
"B'Tselem will no longer play a part in the pretence posed by the
military law enforcement system and will no longer refer complaints to
it ... The fight for human rights will be better served by denouncing
this system and exposing it for what it is."
The report details a number of cases in which Palestinians have been
killed or injured by Israeli soldiers under questionable circumstances,
but after a series of apparent investigative failures, no one was held
accountable.
In one example, Wadi Samarah, 15, was fatally shot in the back of the
neck by an Israeli soldier in the occupied West Bank town of Jenin in
September 2007. Samarah, who was targeted as he ran from a group of
youths who had been throwing stones at military vehicles, was given no
prior warning before the rubber-coated steel bullet was fired towards
his head, according to witness accounts. However, the case was closed
for "lack of sufficient evidence" in early 2014, more than six years
after Samarah's death.
This case is by no means unique. Since the start of the second Intifada
in 2000, B'Tselem has requested investigations into 739 cases in which
soldiers killed or injured Palestinians, used them as human shields, or
damaged their property. In 25 percent of these cases, no investigation
was ever launched. In nearly half, or 343 cases, an investigation was
launched but subsequently closed with no action taken. More than 100
cases are still under processing, but in all of those that have gone
through the system, charges were laid in just 25, with another 13
referred for disciplinary action.
These outcomes are the result of incompetent investigations that fail
to get at the truth, with few efforts made to collect external evidence
or challenge soldiers' statements, B'Tselem said.
"The military law enforcement system is plagued by a host of issues
in the basic way it is run: The system is inaccessible to Palestinian
complainants, who cannot file complaints with the MPIU [Military Police
Investigations Unit] directly and must rely on human rights
organisations or attorneys to file the complaints on their behalf," the
report found. "The processing of each complaint lasts months, and even
years, so that often enough soldiers who are the subject of the
complaint are no longer under military jurisdiction."
Obtaining updates about cases in the system is also fraught with
difficulties, as the Military Advocate General Corps operates under a
blanket of secrecy, B'Tselem said: "Any attempt to obtain information
from them requires repeated communications and in many cases, the
information that is ultimately provided is incomplete."
Asked about B'Tselem's announcement, an Israeli army spokesperson
maintained that the military justice system is "an independent and
professional entity", noting any complaints submitted via this system
are probed and, when warranted, an investigation is launched.
"For years the [Israeli army] has been receiving information
regarding events which stray from the path of what is expected by [army]
personnel ... All information received is examined thoroughly," the
spokesperson said, noting the Israeli army would continue to "act as
required to enforce the law and maintain the norms" among soldiers.
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