Informing humanitarians worldwide 24/7 — a service provided by UN OCHA

oPt

New investigation policy regarding Palestinian casualties from IDF fire in Judea and Samaria

6 Apr 2011

The new policy requires that every case in which uninvolved Palestinians are killed by IDF fire be investigated immediately by the Criminal Investigation Division.

(Communicated by the IDF Spokesperson)

On Wednesday, April 6, 2011, the Israeli Supreme Court was notified by the State of changes to the investigation policy regarding incidents of Palestinian casualties due to IDF fire in the Judea and Samaria Region. The IDF Military Advocate General, Maj. Gen. Avihay Mandelblit, decided to change the policy which had been in place since the year 2000.

According to the previous policy, initiating an investigation with the Criminal Investigations Division of the IDF Military Police Corps was determined by a fact-gathering inquiry conducted in the field. The new policy requires that every case in which uninvolved Palestinians are killed by IDF fire be investigated immediately by the Criminal Investigation Division. This will apply unless it occurred during an activity with clear elements of combat (e.g. fire exchange).

The IDF Military Advocacy discussed this policy change over recent months with IDF Chief of the General Staff, Lt. Gen. Benny Gantz, retired IDF Chief of the General Staff, Lt. Gen. Gabi Ashkenazi, GOC Central Command, Maj. Gen. Avi Mizrahi and commanders of the Judea and Samaria Division. During discussions, it became apparent that due to the efforts of the IDF, the ISA and other security forces, the extent of IDF activity in the Judea and Samaria Region that entails clear elements of combat has been reduced.

The Military Advocate General's decision, made in coordination with the Attorney General of Israel, reflects the changes in IDF activity in the region, and therefore does not apply to incidents which occurred in the Gaza Strip, where IDF activity entails clear elements of combat.