INTRODUCTION
1. This Paper describes Israel's process for investigating alleged violations of the Law of Armed Conflict. It ocuses in particular on investigations, legal proceedings, and lessons learned in relation to the actions of the sraeli Defence Forces (IDF) in Gaza from 27 December 2008 through 18 January 2009 (the "Gaza Operation," also known as "Operation Cast Lead").
2. The Gaza Operation represented a striking example of the complex and challenging asymmetric conflicts in which states are increasingly finding themselves. In such conflicts, states are forced to confront non-state actors which do not regard themselves as bound by legal or humanitarian obligations. Such actors frequently abuse these principles as a deliberate strategy, placing both their own civilian population and that of the defending state at greater risk.
3. Faced with such challenges, and the acute real-time dilemmas created by militants operating from within and behind civilian areas, the importance of legal guidance and full compliance with legal and humanitarian obligations is paramount. At the international level, this requires close dialogue and consultation between states confronting similar threats in order to share experience and to consider how established principles of law can best be applied in such complex circumstances. At the national level, it requires continuous efforts to ensure that the principles of the Law of Armed Conflict are an integral part of the training of soldiers and commanders, and that these principles guide planning and operational decisions.
4. Beyond these measures, which are generally taken prior to and during operations, extreme importance must also be given to reviewing the operation after the fact. This should include the thorough investigation of all incidents that raise questions regarding the appropriateness or lawfulness of measures used or decisions made. The complexity and scale of such operations means that inevitably there are tragic instances, mistakes, and errors of judgment.2 Tragic results, including civilian death and damage to property do not necessarily mean that violations of international law have occurred. At the same time, in instances in which evidence indicates that violations have taken place, this must be fully investigated and prosecuted.