Dr. Aaron Lerner - IMRA:

So you are serving in the IDF, maybe doing reserve duty, and you find
yourself in a situation that Palestinians are knifing you or another Israeli
or throwing firebombs, rocks and rebar at you or other Israelis.

The knifers/throwers are part of a larger group of Palestinians and within
gunshot range there may be other Palestinians who could conceivably be hit
by a stray bullet.

What do you do?

Are the above "an activity with clear elements of combat (e.g. fire
exchange)"?

Who are "uninvolved Palestinians?"

And under the new rules you will automatically face a criminal investigation
if an "uninvolved Palestinian" gets killed.

Yes. As many of us tell our sons: we would rather mortgage our homes to
hire a good lawyer than visit your grave.

The IDF might provide legal council from the ranks of the IDF but with so
much on the line you will seriously consider a private attorney.

Is it fair that those serving in the IDF and their families will have to
bear the financial exposure of the new policy?

A suggestion: how about a low cost legal defense insurance policy?

[While on the subject of insurance - there is a fantastic health insurance
policy available through Bituach Yashir and others that is perfect for those
with children serving in the IDF. It provides for a doctor's visit anywhere
in the country 24/7 with only an NIS 20 deductible. So if your child comes
home on leave and feels sick you don't have to pay a small fortune for a
private doctor (they aren't covered by the regular health programs while
serving) or drag them to spend hours at one of the IDF arranged centers.]
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IDF Military Advocate General Implements New Investigation Policy in West
Bank
Posted on April 6, 2011 by Israel Defense Forces
http://idfspokesperson.com/2011/04/06/idf-military-advocate-general-implements-new-investigation-policy-in-west-bank/

Today (Wednesday), 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 West Bank region. The IDF Military
Advocate General, Maj. Gen. Avichai 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 West
Bank 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.