Israel indicts only 2 soldiers over Gaza war, during which Israeli forces killed 1,400, mostly civilians

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Ma'an - Following an internal investigation into the “ethical aspects” of its December 2008 assault on Gaza, which saw at least 1,400 killed, the Israeli army has indicted two soldiers.

An army statement said authorities were investigating the majority of incidents that came to light in the UN fact-finding mission on the Gaza conflict headed by South African jurist Richard Goldstone.

The UN report, which estimated between 1,387 and 1,417 Palestinians were killed in the operation, found that Israeli soldiers committed “grave breaches” of the Fourth Geneva Convention, including “willful killing, torture or inhuman treatment.”

In two of the incidents investigated, two soldiers have been indicted, and one will be investigated by military police, the army said. In all other incidents, the army explained that “it was decided that legal measures would not be taken.”

The first of four incidents referred to in the army statement was the alleged use of Majdi Abd Rabbo, 39, as a human shield. In his testimony to the UN, Abd Rabbo said that on 5 January, 15 Israeli soldiers banged on his door, holding a handcuffed Palestinian man at gunpoint. He recounted that he and his sons were forced to strip while his wife was told to take the trousers off her 14-month-old daughter.

Abd Rabbo said he was held at gunpoint as soldiers searched his house and then ordered to break a hole in the wall dividing the home from his neighbors' with a sledgehammer. When gunshots emanated from next door, soldiers took him to a nearby mosque. Abd Rabbo said soldiers opened fire on his home, with his family inside, and when he protested, they threatened to shoot him. He was taken to another house and told that fighters inside had been killed; over the course of two days he was forced to enter four times and report back. He added that each time he was kicked and beaten until he agreed.


The Israeli army said that Abd Rabbo asked to enter the house in order to prevent his own house being damaged.

Abd Rabbo told the UN mission he was held detained and handcuffed in a nearby home for two days. He had seen that his own house had been bulldozed but was not aware of the fate of his family, he told the UN mission.

The man was detained until 7 January 2009 and was not reunited with his family until 9 January.

Israel's military advocate general who led the investigation found that the battalion commander responsible for the incident “deviated from authorized and appropriate behavior.” The officer was “convicted and warned” in the disciplinary process, the army statement reported.

Goldstone's report described many cases of the use of “human shields,” but noted the credibility of Abd Rabbo’s case in particular, stating that he recounted events to many NGOs and journalists without material inconsistencies. Further, it noted that an Israeli soldier corroborated Abd Rabbo’s statement in an interview with Israeli organization Breaking The Silence.

In its statement, the Israeli army also cited the alleged shooting of two women who were walking with a group of civilians carrying white flags, an incident also described in the UN report. An internal investigation found it “impossible to make a criminal connection” due to differing testimonies by Palestinians and Israeli soldiers. Israeli soldiers said they shot and killed a man in the same location.

The military judge indicted a soldier with manslaughter charges over the incident, based on evidence he “deliberately targeted an individual walking with a group of people waving a white flag without being ordered or authorized to do so.”

The army report said the incident in which the As-Samouni residence, home to a 100-member family, was struck from the air has been transferred to a Military Police investigation due to its complexity.

The Goldstone report “found numerous instances of deliberate attacks on civilians and civilian objects.” The army statement referred to one such incident, the alleged strike on Ibrahim Al-Maqadmah mosque which the UN said killed at least 15 civilians. 

The Israeli army report said initial investigations found the mosque was not hit, but continued that after further investigations, “it became apparent that there was in fact an aerial strike in close proximity to the mosque” which caused “unintentional” injuries to civilians.

The officer who ordered the attack stood trial for negligence and was “rebuked” for his actions, the army said. He will not serve in similar positions in the future, the statement said. The Military Advocate General concluded that “legal measures were not necessary” in this case as “no possibility of harming civilians was identified” when the strike was ordered.

Goldstone’s report expressed concern for the Israeli army’s capability to investigate itself, stating that “After reviewing Israel’s system of investigation and prosecution of serious violations of human rights and humanitarian law, in particular of suspected war crimes and crimes against humanity, the Mission found major structural flaws that in its view make the system inconsistent with international standards.”

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