IDF Spokesperson Announcement
June 11, 2015
FOR IMMEDIATE RELEASE

Decisions of the IDF Military Advocate General Regarding Exceptional
Incidents that Allegedly Occurred During Operation 'Protective Edge' -
Update No. 4

In accordance with the IDF's policy to ensure transparency with regard to
the examination and investigation of exceptional incidents that allegedly
occurred during Operation 'Protective Edge' (7 July – 26 August 2014; the
‘Operation’), and pursuant to previous Press Releases, additional
information has been cleared for publication concerning decisions the MAG
has reached with regard to several individual incidents.

The Military Advocate General (the 'MAG') continues to receive complaints
regarding exceptional incidents alleged to have occurred over the course of
the Operation. Many of these complaints are filed on behalf of Palestinian
residents from the Gaza Strip or by non-governmental organizations
('NGOs') – Israeli, Palestinian and international.

In addition, the MAG Corps actively works to identify incidents warranting
examination or investigation. Each complaint or piece of information
suggesting a fault in the conduct of IDF forces undergoes an initial
examination, in order to determine the credibility and concrete nature of
the allegation. If the allegation is deemed credible, prima facie, and is
sufficiently concrete, it is referred to the MAG, who shall decide whether a
criminal investigation is warranted without further examination or whether a
factual examination is required by the General Staff Mechanism for
Fact-Finding Assessments prior to such a decision.

As previously publicized, soon after the commencement of the Operation, and
whilst the hostilities were ongoing, the previous IDF Chief of General
Staff, Lieutenant General Benjamin (Benny) Gantz, ordered that a General
Staff Mechanism for Fact Finding Assessments (the 'FFA Mechanism'), headed
by a Major General, examine exceptional incidents alleged to have occurred
during the Operation. The FFA Mechanism was tasked with collating
information and relevant materials in order to assess the facts of
individual incidents. These efforts are intended to provide the MAG with as
much factual information as possible in order to enable the MAG to reach
decisions regarding whether or not to open a criminal investigation, as well
as for the purpose of a 'lessons-learned' process and the issuance of
operational recommendations that will assist in mitigating the risk of
exceptional incidents occurring in the future. At the head of the FFA
Mechanism is Major General (Res.) Yitzhak Eitan, who did not serve in the
chain of command during the Operation.

To date, allegations with regard to approximately 190 alleged exceptional
incidents have been referred by the MAG for examination by the FFA
Mechanism. 105 of these incidents have already been examined and referred to
the MAG for decision. Of these incidents, it was decided by the MAG to refer
seven for criminal investigation. Some of these investigations are still
ongoing, while others have been completed with their findings having been
submitted to the MAG for review, and a number have already been the subject
of a decision by the MAG. With regard to an additional 19 incidents, the MAG
decided to close the case without opening a criminal investigation, after
reviewing the findings and materials collected by the FFA Mechanism and did
not find that the circumstances of the incident gave rise to reasonable
grounds for suspicion of criminal behavior.

However, in relation to some of these incidents, the MAG recommended
reviewing operational methods in order to assess whether any changes could
be made. In relation to a few of the cases that were closed, the MAG found
that no involvement of IDF forces was identified with regard to the
incidents. In regard to some of the incidents that were examined and
referred to the MAG, the MAG considered that further information was needed
in order to reach a decision, and accordingly these incidents were referred
back to the FFA Mechanism for further examination. Tens of additional
incidents are still in various different stages of examination by the FFA
Mechanism, and their findings will be submitted to the MAG in due course.

In addition, the MAG has ordered the opening of 15 criminal investigations
without the need for prior examination by the FFA Mechanism on the basis of
allegations that indicated prima facie grounds for a reasonable suspicion of
criminal misconduct. Of these criminal investigations, the MAG decided to
close two without undertaking any criminal or disciplinary proceedings. As
the result of another criminal investigation, the MAG has decided to issue
indictments against three IDF soldiers, as will be detailed herein. The
remainder of the investigations are either still ongoing, or have been
completed, with their findings having been submitted to the MAG for review.

All criminal investigations are carried out in a thorough and prompt fashion
by a special investigation team assembled by the Military Police's Criminal
Investigation Division (the 'MPCID') in order to investigate incidents
alleged to have occurred during the Operation. This team has collected
testimonies from many IDF soldiers and commanders, as well as from tens of
Palestinians who were witnesses to some of the incidents in question.

Where a complaint had been submitted in a written form, a reply has been
sent to the complainant organization or individual, who are entitled to
challenge the decision before the MAG. The MAG's decision in regard to such
a challenge may then be challenged before Israel's Attorney General. This
procedure, which has been in operation for a number of years, was recently
set forth in a directive issued by the Attorney General.

Pursuant to previous updates, information which has been cleared for
publication follows below, regarding decisions the MAG has reached with
regard to specific incidents.

Cases Closed by the MAG Following Examination by the FFA Mechanism

1. Allegations Concerning the Death of 15 Individuals During an Attack on
the Al-Salam Building in Gaza City (21 July 2014) –

In IDF operational reports, as well as in complaints received by the MAG
Corps from NGOs, it was alleged that on 21 July 2014, 15 individuals were
killed as a result of an IDF aerial attack on the Al-Salam building in Gaza
City. In these complaints, it was alleged that the deceased had been staying
in the building after they had been evacuated from their homes in areas in
which fighting was ongoing. Subsequently, and in accordance with the MAG's
investigation policy, the incident was referred to the FFA Mechanism for
examination.

According to the factual findings collated by the FFA Mechanism and
presented to the MAG, on 21 July 2014, the IDF had conducted an aerial
attack on Sha'aban Dachdouch, a senior commander in the Palestinian Islamic
Jihad, at a rank equivalent to that of a Battalion Commander. The attack was
carried out at a time when the target was present in an office in the
Al-Salam building. The attack was carried out in the late evening hours, in
light of the assessment, premised upon timely intelligence, that there would
not be civilians present at that time in the building, which was known to be
an office building. Additionally, the attack was planned in such a way –
from the type of munition selected, to the method according to which the
attack was executed – that the damage would be limited to that part of the
building where the target was located. The aim was to minimize, to the
extent feasible, the collateral damage that would result from the attack,
without frustrating its success. Regrettably, after the fact, there was an
unforeseen collapse in the upper floors of the building approximately half
an hour after the attack. As a result of the attack, the senior commander in
question was killed, and it was alleged that a further 14 civilians were
killed, most of them members of the Kilani and Derbas families, who had been
staying, according to the complaints received by the MAG Corps, on the same
floor in the building as the target of the attack. As a result of this
incident, operational lessons-learned regarding the IDF's methods for
carrying out aerial attacks in similar cases were drawn, and were
implemented whilst the Operation was still underway.

After reviewing the factual findings and the material collated by the FFA
Mechanism, the MAG found that the targeting process in question accorded
with Israeli domestic law and international law requirements. The decision
to attack was taken by the competent authorities and aimed at a lawful
target – a senior commander in Palestinian Islamic Jihad, who was indeed
killed as a result of the attack. The attack complied with the principle of
proportionality, as at the time the decision was taken, it was considered
that the collateral damage expected from the attack would not be excessive
in relation to the military advantage anticipated from it, and this
assessment was not unreasonable under the circumstances. Moreover, the
attack was carried out while undertaking a number of precautionary measures
which aimed to minimize the risk of collateral damage. Such measures
included, inter alia, the choice of munition to be used, and the method
according to which the attack was carried out. The fact that, in practice, a
number of civilians who were not involved in the hostilities were harmed, is
a regrettable result, but does not affect the legality of the attack ex post
facto.

In light of the above, the MAG did not find that the actions of IDF forces
raised grounds for a reasonable suspicion of criminal misconduct. As a
result, the MAG ordered the case to be closed, without opening a criminal
investigation or ordering further action against those involved in the
incident.

2. Allegation Concerning the Death of Members of the Al Najjar Family in
Khan Younis (29 July 2014) –

In media reports, as well as in a complaint received by the MAG Corps from
an NGO, it was alleged that on 29 July 2014, eight individuals were killed
as the result of an IDF aerial attack on the house of the Al Najjar family.
Subsequently, and in accordance with the MAG's investigation policy, the
incident was referred to the FFA Mechanism for examination.

According to the factual findings collated by the FFA Mechanism and
presented to the MAG, at the time in question the IDF had attacked a Hamas
military command and control center located in a building in Khan Younis, as
well as senior Hamas operatives who were manning the center at that time.
During the attack planning process, it was assessed that there might be a
number of civilians present in the building, but that the potential harm to
them would not be excessive in relation to the significant military
advantage anticipated to result from the attack. The attack on the building
was planned for execution by means of a precise munition, and in a manner
that would allow the operational purpose of the attack to be achieved,
whilst minimizing the potential harm to the surrounding buildings. As a
result of the attack, eight individuals were killed, among them two Hamas
operatives, Asam Mohammad Ata Al Najjar and Ata Mohammad Ata Al Najjar.

After reviewing the factual findings and the material collated by the FFA
Mechanism, the MAG found that the targeting process in question accorded
with Israeli domestic law and international law requirements. The decision
to attack was taken by the competent authorities, and was aimed at lawful
targets. The attack complied with the principle of proportionality, as at
the time the decision to attack was made, it was considered that the
collateral damage expected from the attack would not be excessive in
relation to the military advantage anticipated from it, and this estimation
was not unreasonable under the circumstances. Moreover, the attack was
carried out after a number of precautionary measures had been undertaken,
which aimed to minimize the potential for civilian harm, particularly with
regard to any civilians present in adjoining buildings. It was also found
that the provision of a specific warning prior to the attack, to the persons
present in the structure, was not required by law and would have been
expected to result in the frustration of the attack's objective.

In light of these findings, the MAG did not find that the actions of IDF
forces gave rise to reasonable grounds for suspicion of criminal misconduct.
As a result, the MAG ordered the case to be closed, without opening a
criminal investigation or ordering further action against those involved in
the incident. Nonetheless, the MAG found it appropriate to recommend to the
command authorities that a number of aspects relating to the implementation
of the relevant operational instructions be clarified, with an emphasis on
improving the documentation of planning procedures for attacks on targets of
this type.

An Incident into which the MAG has Ordered a Criminal Investigation
Following an Examination by the FFA Mechanism

3. Allegations Concerning the Death of 9 Individuals as the Result of an
Attack on a Café on the Khan Younis Coast (9 July 2014) –

The MAG Corps received reports, as well as complaints from NGOs, wherein it
was alleged that as a result of an IDF aerial attack on 9 July 2014, nine
individuals were killed in a beachside café on the Khan Younis coast.
Subsequently, and in accordance with the MAG's investigation policy, it was
decided to refer the incident to the FFA Mechanism for examination.

The factual findings collated by the FFA Mechanism and presented to the MAG,
indicated the existence of grounds for a reasonable suspicion that the
attack was not carried out in accordance with the rules and procedures
applicable to IDF forces. As a result, the MAG has ordered the opening of a
criminal investigation into the incident.

Incidents in Regards to which the MAG Ordered a Criminal Investigation
Without Requiring Prior Examination by the FFA Mechanism

4. Allegation Concerning Abuse of a Detainee, Resident of Juhor ad-Dik
(28 July 2014) –

The MAG Corps received a complaint, on behalf of a resident of Juhor ad-Dik,
alleging that after his capture by IDF forces, he was physically struck
without justification. In response to this complaint, the MAG ordered the
opening of a criminal investigation into the incident.

5. Allegations Concerning Unlawful Fire on a Medical Clinic (23 July
2014) –

In the wake of media reports, wherein it was alleged that IDF forces had
intentionally fired tank shells at a medical clinic from which there had
emanated fire resulting in the death of an IDF officer on the day prior, the
MAG ordered the opening of a criminal investigation into the incident.

An Incident which has been the subject of a Criminal Investigation and in
Regard to which the MAG has Decided to Issue an Indictment
6. Incident Involving Looting in the Shuja'iyya Neighborhood (20 July
2014) –

As previously reported, in the wake of an IDF operational report giving rise
to a suspicion that a solider had looted a sum of cash, the MAG ordered the
opening of a criminal investigation, while the Operation was still under
way. The MPCID investigation has been completed, and after the MAG reviewed
its findings, he decided to issue three indictments against three soldiers
who were involved in the incident. Two soldiers stand accused of having
looted a sum of cash, totaling 2,420 NIS, from the house in which the forces
were staying in the Shuja'iyya neighborhood. Another soldier stands accused
of having been an accessory to the commission of the offence. Two of the
accused are charged with involvement in an additional offence of obstruction
of justice. Efforts were made over the course of the investigation to locate
the home owner, both in order to collect his testimony, as well as in order
to return the money, should the accused be convicted of the offences for
which they have been charged. These efforts were unsuccessful; however,
after a sufficient evidentiary basis had been established, the indictments
were issued.

A Criminal Investigation which was Completed and in Regard to which the MAG
has Decided to Close the Investigation File

7. Allegations Concerning the Death of Four Children on the Gaza Strip
Coast (16 July 2014) –

As previously reported, the MAG Corps received reports, as well as
complaints from NGOs, wherein it was alleged that as a result of an IDF
attack on 16 July 2014, four children were killed (Ahed Atef Bakr, Zakariya
Ahed Bakr, Mohammad Ramiz Bakr, and Ismail Mahmoud Bakr) on the beach,
adjacent to the Gaza port. Subsequently, and in accordance with the MAG's
investigation policy, the incident was referred to the FFA Mechanism for
examination. The factual findings and materials collated by the FFA
Mechanism, and which were presented to the MAG, indicated the existence of
grounds for a reasonable suspicion that the attack was not carried out in
accordance with the rules and procedures applicable to IDF forces. As a
result, the MAG ordered the opening of a criminal investigation into the
incident.

The MPCID investigation was recently completed, and after the MAG reviewed
its findings, he decided to close the investigation file, in the absence of
a suspicion regarding the commission of a criminal offence by IDF soldiers.

The investigation that was conducted was thorough and extensive. During the
investigation process testimony was collected from a large number of IDF
soldiers and officers who were involved in the planning and execution of the
attack. Additionally, an extensive number of documents relating to the
attack were reviewed, along with video footage documenting the attack in
real time, as well as media images and video footage which documented parts
of the incident. Moreover, MPCID investigators made efforts to collect the
testimonies of Gaza Strip residents who were, allegedly, witnesses to the
incident. In this context, the collection of testimony from three witnesses
was coordinated. Regretfully, despite the prior coordination, the witnesses
eventually declined to meet with the MPCID investigators, and instead
provided affidavits in regard to the incident.

From the factual findings collected by MPCID investigators, it arose that
the incident took place in an area that had long been known as a compound
belonging to Hamas's Naval Police and Naval Force (naval commandos), and
which was utilized exclusively by militants. The compound in question spans
the length of the breakwater of the Gaza City seashore, closed off by a
fence and clearly separated from the beach serving the civilian population.
It further arose in the course of the investigation (including from the
affidavits provided to the MPCID by Palestinian witnesses), that the
compound was known to the residents of the Gaza Strip as a compound which
was used exclusively by Hamas's Naval Police. The IDF carried out a number
of attacks on the compound in the days prior to the incident. In the course
of one such attack, which took place on the day prior to the incident (15
July 2014), a container located inside the compound, which was used to store
military supplies, was attacked.

Shortly before the incident, an intelligence assessment was established
which indicated that operatives from Hamas's Naval Forces would gather in
the military compound in order to prepare for military activity against the
IDF. On 16 July, aerial surveillance identified a number of figures entering
the compound at a running pace. These figures entered a shed adjoining the
container which had been attacked the day prior. Against the backdrop of the
aforementioned intelligence assessment, these were believed to be militants
from Hamas's Naval Forces, who had arrived at the compound in order to
prepare to execute the aforementioned military activity against the IDF. It
should be stressed that the figures were not identified at any point during
the incident, as children.

In light of the above, it was decided to conduct an aerial attack against
the figures which had been identified, after all the necessary
authorizations for an attack had been obtained, and after a civilian
presence in the area had been ruled out. When one of the identified figures
entered into the remains of the container which had been attacked on the day
prior to the incident, one missile was fired from the air towards the
container and the adjoining shed. As a result of this attack, it appeared
that one of the figures identified was hit. Following this attack, the rest
of the figures began to run in the direction of the compound's exit. Shortly
before their exit from the compound, an additional missile was fired from
the air towards them, which hit the figures in question after they had
exited the compound. Tragically, in the wake of the incident it became clear
that the outcome of the attack was the death of four children, who had
entered the military compound for reasons that remain unclear. It further
arose from the investigation that, under the circumstances in question, it
would not have been possible for the operational entities involved to have
identified these figures, via aerial surveillance, as children.

After reviewing the investigation's findings, the MAG found that the attack
process in question accorded with Israeli domestic law and international law
requirements. The decision to attack was taken by the competent authorities,
and the attack was aimed at figures who were understood to be militants from
Hamas's Naval Forces, who had gathered in order to prepare to carry out
military activities against the IDF. At the time that the decision was made,
the attack was not, according to the assessment of the operational entities,
expected to result in any collateral damage to civilians or to civilian
property.

Moreover, the attack was carried out while undertaking several precautionary
measures, which aimed to prevent any harm to civilians. Such measures
included, inter alia, the choice of a munition which was not expected to
cause any harm to civilians, and the deployment of real time visual
surveillance. The MAG found that the professional discretion exercised by
all the commanders involved in the incident had not been unreasonable under
the circumstances. However, it became clear after the fact that the
identification of the figures as militants from Hamas's Naval Forces, was in
error. Nonetheless, the tragic outcome of the incident does not affect the
legality of the attack ex post facto.

Accordingly, the MAG ordered that the investigation file be closed without
any further legal proceedings – criminal or disciplinary – to be taken
against those involved in the incident. Nonetheless, inter alia as a result
of this incident, the IDF has been working to improve a number of its
operational capabilities, including technological capabilities, in order to
minimize the risk of the recurrence of tragic incidents of this kind.