HP / De Tijd, HET PAROOL en Likoed citeren Goldstone en beweren dat Goldstone zegt dat er geen oorlogsmisdaden door Israël zijn gepleegd, omdat Goldstone zou zeggen dat Israël burgers niet opzettelijk heeft beschoten. Dit is onjuist.
Goldstone zegt nergens dat Israël geen oorlogsmisdaden heeft gepleegd. Want zelfs als Israël geen burgers met opzet zou hebben beschoten, het volgt daaruit niet dat Israël geen oorlogsmisdaden zou hebben gepleegd. Immers er zijn veel meer soorten oorlogmisdaden behalve het bewust beschieten van burgers. Voor een mogelijk aantal zie mijn blog.
Goldstone zegt nergens dat Israël geen burgers met opzet heeft beschoten. Hij zegt slechts dat de onderzoeken van het Israëlische leger suggereren dat er geen beleid was om burgers te beschieten: “the investigations published by the Israeli military… indicate that civilians were not intentionally targeted as a matter of policy.”
Sterker nog, het is onduidelijk hoe Goldstone zou weten dat er geen beleid was om burgers te beschieten, want de onderzoekers van het Israëlische leger hebben de leidingevenden niet ondervraagd. En de commissie McGowan Davis kreeg van Israël geen toestemming om deze te ondervragen, noch onderzoek binnen Israël en de bezette gebieden te doen.
Wat Goldstone over het rapport McGowan Davis zegt, is in strijd met wat in het rapport staat.
Een voorbeeld over de familie al-Simouni. Goldstone schrijft:
For example, the most serious attack the Goldstone Report focused on was the killing of some 29 members of the al-Simouni family in their home. The shelling of the home was apparently the consequence of an Israeli commander’s erroneous interpretation of a drone image, and an Israeli officer is under investigation for having ordered the attack. While the length of this investigation is frustrating, it appears that an appropriate process is underway, and I am confident that if the officer is found to have been negligent, Israel will respond accordingly. The purpose of these investigations, as I have always said, is to ensure accountability for improper actions, not to second-guess, with the benefit of hindsight, commanders making difficult battlefield decisions.
En in het rapport staat absoluut iets anders:
The Committee does not have sufficient information to establish the current status of the on-going criminal investigations into the killings of Ateya and Ahmad Samouni, the attack on the Wa’el al-Samouni house and the shooting of Iyad Samouni. This is of considerable concern: reportedly 24 civilians were killed and 19 were injured in the related incidents on 4 and 5 January 2009. Furthermore, the events may relate both to the actions and decisions of soldiers on the ground and of senior officers located in a war room, as well as to broader issues implicating the rules of engagement and the use of drones. There are also reports indicating that the MAG’s decision to investigate was opposed by the then Head of the IDF Southern Command. Media reports further inform that a senior officer, who was questioned “under caution” and had his promotion put on hold, told investigators that he was not warned that civilians were at the location. However, some of those civilians had been ordered there by IDF soldiers from that same officer’s’ unit and air force officers reportedly informed him of the possible presence of civilians. Despite allegedly being made aware of this information, the officer apparently approved air strikes that killed 21 people and injured 19 gathered in the al-Samouni house. Media sources also report that the incident has been described as a legitimate interpretation of drone photographs portrayed on a screen and that the special command investigation, initiated ten months after the incidents, did not conclude that there had been anything out of the ordinary in the strike. As of 24 October 2010, according to media reports, no decision had been made as to whether or not the officer would stand trial. The same officer who assertedly called in the strike reportedly insisted that ambulances not enter the sector under his control, fearing attempts to kidnap soldiers.
Lees zijn opiniestuk en het rapport en vergelijk. Voor de luie mensen, hier zijn de conclusies uit het rapport:
Although the Committee was able to access official information detailing the progress of some investigations by the Israeli authorities since September 2010, it relied largely on media reports and other secondary sources to inform its deliberations. The Israeli authorities’ refusal to allow the Committee access to Israel and the West Bank, and access to Gaza through Israel, significantly constrained the Committee’s ability to engage with key interlocutors.
That said, the Committee finds that Israel has dedicated significant resources to investigate over 400 allegations of operational misconduct in Gaza reported by the FFM and others. Given the scale of this undertaking, it is unsurprising that in 2011, much remains to be accomplished. The Committee is able to report that, to the best of its knowledge, nineteen investigations into the serious violations of international humanitarian law and international human rights law reported by the FFM have been completed by the Israeli authorities with findings that no violations were committed. Two inquiries were discontinued for different reasons. Three investigations led to disciplinary action. Six investigations reportedly remain open, including one in which criminal charges have been brought against an Israeli soldier. The status of possible investigations into six additional incidents remains unclear.
Furthermore, Israel has launched fourteen investigations into incidents related to alleged violations in the West Bank. Of those, two criminal indictments have been filed, six investigations are ongoing and six cases were closed without charges. The Committee did not receive any information concerning any other investigation of alleged violations committed in the West Bank, nor to investigations related to persons detained in Israel.
The Committee reiterates the conclusion of its previous report that there is no indication that Israel has opened investigations into the actions of those who designed, planned, ordered and oversaw Operation Cast Lead.
However, the Committee notes the work of the Turkel Commission and its probing of some decisions and policies adopted by high-level officials in Israel. The Commission was able to interview and actively question high-level officials, including the Prime Minister, the Defense Minister, the Chief of General Staff, and the Chief Military Advocate, and examined questions related to the legality and the enforcement of the blockade on Gaza, as well as the question of whether the impact of the land crossings policy constitutes collective punishment. The Committee concludes that a public commission constitutes one of the mechanisms that Israel could use to assess high-level operational and legal decisions concerning the execution of the military operation in Gaza.
Concerns related to transparency and the participation of victims and witnesses in investigations reported by the Committee in its previous report continue to be relevant. NGOs, victims and their legal representatives have difficulty accessing information about progress in investigations. They report that the majority of their requests for information go unanswered. The Committee is of the view that transparency and participation help build the confidence of victims and other interested parties in the investigation process, including fostering a sense that credible and genuine investigations are taking place.
The Committee has strong reservations respecting the promptness of some investigations of individual incidents referred to by the FFM. More than one-third of the 36 incidents in Gaza are still unresolved or unclear. The status of investigations into incidents in Israel and the West Bank is also unclear. Presumably this serious issue respecting the ability of the military justice system promptly to investigate allegations of wrongdoing during military operations is under careful review by the Turkel Commission.
Finally, the Committee is concerned about the fact that the duration of the ongoing investigations into the allegations contained in the FFM report — over two years since the end of the Gaza operation – could seriously impair their effectiveness and, therefore, the prospects of ultimately achieving accountability and justice. [mijn vet]
Lees, vergelijk en entertain jezelf.
Geredigeerd door Pascale Esveld