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15 june 2016
Israeli military decides that order to attack Palestinian clinic in ‘revenge’ was acceptable
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Yeshurun at a memorial service for Levitas

In a precedent-setting decision Tuesday, the Israeli military decided not to press charges against a senior officer who ordered his troops to bombard a hospital in Gaza in 2014 to reportedly “raise their morale” with a “revenge attack” after another officer was killed.

The officer, Lieutenant Colonel Neria Yeshurun, told military investigators that he was mad that he and the soldiers were unable to attend the funeral of an officer who was killed a few days before, so “we decided to fire a volley of shells toward the point from which he lost his life.”

According to the Israeli paper Ha’aretz, Major Amihai Harch, Yeshurun’s commander, said at the time, “The only unusual thing [Yeshurun] did was that he put the incident on top of the eulogy to Dima, the company commander who was killed. That was certainly to raise [morale]. And I say to you on the level of facts — that raised morale and encouraged the soldiers to continue the mission.”

These admissions were made directly to the military investigators in Yeshurun’s case, but were not deemed sufficient to place any charges on the officer.
Although Israeli military policy says that revenge attacks are not allowed, former soldiers have reported that they are common practice in Israeli military units.

The shelling of the clinic was part of a larger attack on the Sheja’eyya neighborhood in eastern Gaza, in which more than 120 Palestinian civilians were killed in a single night during the Israeli invasion of Gaza in 2014. The 50-day long invasion resulted in more than 1400 Palestinians killed, including more than 400 children, and 91 Israelis, mainly soldiers killed during the invasion of Gaza.

The night of killings in Sheja’eyya became known to Palestinians as the Sheja’eyya massacre. Throughout the night, the shelling of the neighborhood was continuous, affecting every home – most of the neighborhood was completely destroyed, and many of those killed were crushed in the rubble of their own homes. Survivors ran through the streets carrying babies and children, desperate to escape the continuous Israeli assault.

The attack took place on July 31st, 2014, just a day after the bombing of a school where families had taken refuge. About the attack on the school, UN Secretary General stated, “I condemn this attack in the strongest possible terms. It is outrageous. It is unjustifiable, and it demands accountability and justice. Nothing is more shameful than attacking sleeping children.” Since the time of the attack, there has been no accountability for the soldiers involved, and no charges.

Former Israeli soldier turned whistleblower Eran Efrati published accounts at the time, in August 2014, from soldiers in two different units reporting that their commanding officers had ordered them to carry out attacks against civilians in order to ‘revenge’ for soldiers who had been killed.

Radio Israel: officer ordered shelling entire building to avenge his colleague

Israeli media sources disclosed that an Israeli officer gave the order to shell a Palestinian house in Gaza Strip during the latest aggression in summer 2014 just to avenge his colleague.

According to radio Israel, the Military Advocate General Brigadier General Sharon Afek recommended to rebuke Lt. Col. Nir Jeshurun who led the tank troop during the aggression on Gaza two years ago.

Jeshurun ordered to shell a building and declared that it was for the sake of avenging his colleague who was killed the day before in a shooting attack by Palestinians.

14 june 2016
Protective Edge battalion commander to be censured
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Yeshurun at a memorial service for Levitas

Lt. Col. Neria Yeshurun, who fired on a clinic in Gaza in retaliation for the death of one of his officers who had been killed by a sniper from that location,has been recommended for censure by the IDF legal unit.

Chief Military Advocate General (MAG) Sharon Afek has recommended censuring the battalion commander who approved the shelling of a clinic in the Gaza Strip during Operation Protective Edge in retaliation for the killing of an officer. Afek recommended on Tuesday that IDF Deputy Chief of Staff Yair Golan conduct a disciplinary proceeding for Lt. Col. Neria Yeshurun.

Yeshurun was serving as the commander of the armored battalion two years ago that he ordered shell the clinic in what he described over the radio as an "honor salvo and salute" in memory of Capt. Dima Levitas, who had been killed the previous day by a sniper firing from the same building.


The case was investigated by the Military Police, which did not uncover any evidence that showed a lack of military justification for the shelling. In addition, it became clear that nobody had been injured in the clinic. However, a statement from the IDF Spokesperson said that Afek found Yeshurun's statement to those in his command—that his firing as an honor salvo or an act of revenge would be legitimate—unacceptable.

"Such a message could blur the boundaries between the permissible and the forbidden and trip up soldiers and commanders who were exposed to it, especially during combat," explained Afek. "It is not compatible with the values of the IDF, and his statement constitutes a command failure." The chief MAG also recommended that the results of disciplinary procedure be taken into account in future decisions regarding Yeshurun, including possible promotions.


Levitas's commanders and soldiers did not attend his funeral; they continued their operational duties. Yeshurun could thus not pay his respects to the man who died under his command, so called his soldiers over the radio and eulogized the beloved company commander. "We will join all the people that are escorting Dima on his final journey, and we will shoot a salvo of honor and salute to this officer at the place from where the bastards shot at his tank and ended his life," said Yeshurun at the time.

"Yesterday, here at this very spot, we lost Dima," said the battalion commander to his troops. "Dima, who hadn't been a company commander for very long, managed in a short time to show himself to be a serious, quality, and motivated officer. In a very short time, he came into the company, took it on his soldiers and led it even during this operation that we are all participating in to rescue the residents of the Negev and Israel in general."

Yeshurun explained to his troops the righteousness of their fighting in Gaza: "Look at the difference between us and them. While we're entering here and endangering ourselves to defend the citizens of the south from rocket fire, they're going into mosques, into clinics, hospitals and schools and firing at us from there. It's precisely the essential difference between us and them. Dima understand that difference extremely well and gave up his soul in a dignified manner worthy of praise and admiration."

6 june 2016
Human Rights Watch Calls on ICC to Launch Investigation into Israeli War Crimes
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Human Rights Watch (HRW) has called on the International Criminal Court (ICC) to open a formal investigation into serious crimes committed against Palestinians, by the state of Israel, over the past decades.

HRW said in a statement, Sunday, that ICC prosecutor Fatou Bensouda should carry out a formal probe consistent with the ICC’s Rome Statute.

According to Press TV/Al Ray, the ICC has “shed light on the grave nature of many of the crimes and the pervasive climate of impunity for such offenses,” the organization said, making the appeal on the anniversary of an Israeli war on Gaza in 2014.

“After nearly a half century of impunity, it’s time that those responsible for some of the gravest crimes pay the price,” said Sarah Leah Whitson, executive director of Human Rights Watch’s Middle East and North Africa Division.

“The ICC prosecutor should move forward and investigate the crimes so that the victims can obtain a measure of justice that has long eluded them.”

Human Rights Watch, the UN and local and international human rights organizations have already said Israel’s latest war on the besieged Gaza Strip amounts to apparent war crimes.

Israel launched its 50-day onslaught on Gaza in early July 2014. The military aggression, which ended on August 26, killed nearly 2,200 Palestinians, including over 570 children.

Comptroller calls supposed report leak criticizng Netanyahu 'extremely inappropriate'
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State Comptroller Yosef Shapira

State Comptroller Yosef Shapira responded to a leak from his upcoming report, which reportedly expressed extreme criticism of the top political and military echelon during Operation Protective Edge; Shapira also hinted that the leak may have come from one of those criticized in the report

State Comptroller Yosef Shapira voiced his criticism regarding a leak of information from his upcoming report on Operation Protective Edge on Monday. Speaking at an accounting conference in Eilat, Shapira said, “I submitted a draft that was classified as Top Secret, and unfortunately there was a leak. This is regrettable and extremely inappropriate.”

A month ago, it was reported that Shapira's report was expected to severely criticize Prime Minister Benjamin Netanyahu, as well as then defense minister Moshe Ya’alon and IDF Chief of Staff Benny Gantz.

“The report on Operation Protective Edge is extremely important,” continued Shapira. “I believe the public deserves to know what happened. We need to study and learn from the report, which was why I had set up a special taskforce to prepare it. The report includes several chapters, among them a review of the relationships within the Security Cabinet and their repercussions. Unfortunately, a leak has occurred, despite the fact that it was personally handed over to all the relevant parties, instead of by mail or through a secretary.”


Shapira added that “Another chapter included in the report has to do with international law. I think this is a very important issue, which is why we’re taking stricter percussions with it: instead of putting it out one segment at a time, we are going to publish it as a single document. This is why it’s taking longer.”

According to reports of the leak, the draft claims that Netanyahu and Ya’alon did not update the Security Cabinet on a warning issued in July 2014 by the Israeli Security Agency, on a possible confrontation between the IDF and Hamas. In addition, it states that under Netanyahu’s leadership, the Security Cabinet never discussed the threat of the tunnels coming out of Gaza up until Operation Protective Edge. Gantz is also expected to be taken to task in it, for the military estimates he provided the Security Cabinet.

Sources who have read the draft said that Shapira’s report is even harsher than the one published by the Winograd Committee on the substantial deficits found during the Second Lebanon War. Shapira’s report will supposedly blow the oversights found there out of the water by plainly showing that nothing has changed and that no lessons have been learned.
 
Those close to Netanyahu have dismissed these rumors by saying that the Shapira’s work will amount to “an unprofessional report by an unprofessional comptroller.” The criticisms raised against Netanyahu have prompted those in his inner circle to claim that “The operation was handled with transparency and successfully, with everything else being nothing but slander.” Furthermore, the sources claimed that the Security Cabinet did, in fact, meet several times with the explicit purpose of discussing the Gazan tunnels.

The reported leak moved bereaved parents to demand that the report be released in full to the general public. “This issue must be brought to light,” said Ilan Sagi, whose son Erez fell during an incident in Gaza two years ago. “Everyone should know how the government conducts itself. It’s important to the families. I hope it comes out without any cover-ups.”

Shmuel Lav, the father of Liad Lavi who fell in battle, said that several bereaved parents have already requested to see the full report, “because they have a right to it.” He was not shocked by the leaked findings, saying that “This is how the country has been run for years. This operation lasted longer than it should have. It hurts, but what is so astonishing about this report? That the prime minister and defense minister kept information from the other Cabinet members? It’s really shouldn’t come as a surprise; this is the way our country works, for better or worse.”

4 june 2016
Israel 'engaging' with ICC over Gaza war crimes inquiry
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Israel says that it is in contact with the ICC on procedural issues; meanwhile, Fatou Bensouda, an ICC prosecutor, says that her office and Israel are 'exchanging information;' Bensouda adds that if visit to region is neccessary, ICC will submit request to visit.

Israel is holding discussions with the International Criminal Court over its inquiry into possible war crimes in the 2014 Gaza conflict, the ICC's prosecutor said.

The disclosure, in an interview with Reuters, would indicate a step-up in Israeli engagement with The Hague-based tribunal and a shift from a policy of non-cooperation with ICC probes of alleged war crimes in the Palestinian territories.


An Israeli government source said there was contact with the ICC on procedural issues, but declined to go into detail.

"Israel has agreed to engage with my office and we are exchanging information," ICC prosecutor Fatou Bensouda said during a visit to the U.N. in Geneva late on Thursday. She said the ICC was in touch with both sides in the Gaza conflict.


The ICC's preliminary examination under way could lead to the opening of a criminal investigation and war crimes charges against individuals on both sides of the 50-day war between Islamist Hamas militants in Gaza and Israel.

Until now, Israel has publicly declined all cooperation with the ICC on investigations related to its conflict with the Palestinians. It has argued that the Palestinian Authority is not a sovereign state and so has no right to formal relations with the first permanent international war crimes court.

Activists have long sought to involve the ICC in one of the world's most protracted and politically-charged conflicts, though court officials have always been wary about stepping onto what some see as a diplomatic minefield.

Last year, then-Israeli foreign minister Avigdor Lieberman, who is now defense minister, threatened to lobby the ICC's European backers to stop financing the court after it opened the initial Gaza inquiry at the Palestinian Authority's invitation.

The Palestinians have keenly engaged with the ICC, repeatedly sending it dossiers of evidence of what they say were Israeli atrocities in the Gaza war and inviting the ICC to send a field team to investigate on the ground.

Israel denies committing war crimes in Gaza and has kept Gaza, a small coastal enclave, under blockade largely since Hamas seized control there in 2007.

Any ICC visit to Gaza would require Israeli cooperation since the territory is virtually inaccessible by sea or via its land border with Egypt. Court officials would have to arrive through an Israeli airport.  

"If a visit to the region is required, or when it's required, we will also be making that request to visit," Bensouda said. She declined to comment when asked whether a request had been made.

3 june 2016
Israel "engaging" with ICC over Gaza war crimes inquiry
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The ICC is in touch with Israeli authorities to investigate possible war crimes committed by both Hamas and Israel during Operation Protective Edge in the summer of 2014.

GENEVA - Israel is holding discussions with the International Criminal Court over its investigation into possible war crimes in the 2014 Gaza conflict, the ICC's prosecutor said.

The disclosure would indicate a step-up in Israeli engagement with the Hague-based tribunal and a shift from a policy of non-cooperation with ICC probes of alleged war crimes in Palestinian territories.
 
An Israeli government source said there was contact with the ICC on procedural issues, but declined to go into detail.
 
"Israel has agreed to engage with my office and we are exchanging information," ICC prosecutor Fatou Bensouda said during a visit to the UN in Geneva late on Thursday. She said the ICC was in touch with both sides in the Gaza conflict.
 
The preliminary examination under way could lead to the opening of a criminal investigation and war crimes charges against individuals on both sides of the 50-day war between Islamist Hamas militants in Gaza and Israel.

Health officials said more than 2,100 Palestinians, died in the conflict. Israel put the number of its dead at 67 soldiers and six civilians.
 
Until now, Israel has publicly declined all cooperation with the ICC on investigations related to its conflict with the Palestinians. It has argued that the Palestinian Authority is not a sovereign state and so has no right to formal relations with the first permanent international war crimes court.
 
Activists have long sought to involve the ICC in one of the world's most protracted and politically-charged conflicts, though court officials have always been wary about stepping onto what some see as a diplomatic minefield.
 
Last year, then-Israeli foreign minister Avigdor Lieberman, who is now defence minister, threatened to lobby the ICC's European backers to stop financing the court after it opened the initial Gaza inquiry at the Palestinian Authority's invitation.
 
The Palestinians have keenly engaged with the ICC, repeatedly sending it dossiers of evidence of what they say were Israeli atrocities in the Gaza war and inviting the ICC to send a field team to investigate on the ground.
 
Israel denies committing war crimes in Gaza and has kept Gaza, a small coastal enclave, under blockade largely since Hamas seized control there in 2007.
 
Any ICC visit to Gaza would require Israeli cooperation since the territory is virtually inaccessible by sea or via its land border with Egypt. Court officials would have to arrive through an Israeli airport.
 
"If a visit to the region is required, or when it's required, we will also be making that request to visit," Bensouda said. She declined to comment when asked whether a request had been made.

28 may 2016
Bennett still defiant on government expansion
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Bennett and PM Netanyahu

The Minister of Education’s demand that a military secretary be appointed in order to give Security Cabinet members updates still stands, and Prime Minister Neanyahu’s attempts to mollify him are apparently not bearing fruit.

Following Education Minister Naftali Bennett’s severe criticism of Prime Minister Benjamin Netanyahu, as well as his demand that a military secretary for the Security Cabinet be appointed so that its members may be better updated on the government’s actions on matters of defense, the PM has announced the establishment of a team that will explore ways of better briefing Cabinet members. Bennett’s party, Bayit Yehudi, quickly issued an official statement on the matter, calling Netanyahu’s statement “meaningless” and saying that “no spin will save human lives.”

PM Netanyahu announced Friday that he has established a committee that will recommend ways of keeping Cabinet members up-to-date while preserving information security. It is expected to submit its conclusions in about three weeks. The Bayit Yehudi party, however, has rejected “the Prime Minister’s one-sided and meaningless announcement.” The party’s statement called the PM”s move, “the establishment of a meaningless committee. …

You should ask Yohanan Locker where the committee report he worked on for a year is located, how many times it was discussed in the Cabinet, and what parts of it have been implemented so far.” The Locker Committee issued a report regarding the Israeli defense budget in mid-2015, recommending it be frozen for a five-year period.

 
The statement continued, “We recommend that instead of dealing in smalltime politics and all-day briefings opposing the Bayit Yehudi (party), the Prime Minister simply open the Protective Edge report, where he will find the blood-written conclusions, which cry out for implementation.” Bayit Yehudi officials claim that if the party’s demands are not met, Bennett will vote against MK Lieberman’s appointment as Defense Minister.

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