B’Tselem will no longer play a part in the pretense posed by the military law enforcement system and will no longer refer complaints to it. The Occupation's The experience we have gained, on which we Fig Leaf base the conclusions presented in this report, has brought us to the realization that there is Israel’s Military Law Enforcement no longer any point in pursuing justice and defending human rights by working with a System as a Whitewash Mechanism system whose real function is measured by its ability to continue to successfully cover up unlawful acts and protect perpetrators. The Occupation's Fig Leaf Israel’s Military Law Enforcement System as a Whitewash Mechanism May 2016 ISBN 978-965-7613-19-1 Cover: THOMAS COEX/AFP/Getty Images Einhar Design -1- -2- Table of Contents Introduction .......................................................................................................................................................... 5 The military law enforcement system: In theory ........................................................................................ 7 The military law enforcement system: In practice .................................................................................... 16 Conclusions ...................................................................................................................................................... 36 Table : MAG Corps handling of incidents referred by B’Tselem - 2000-2015 ............................................. 40 Illustrative Cases The killing of Wadi’ Samarah ............................................................................................................... 42 The killing of Ibrahim Sarhan ............................................................................................................... 47 The killing of Lubna al-Hanash ........................................................................................................... 52 The killing of Yusef a-Shawamreh ....................................................................................................... 59 The beating of Sharif Abu Hayah ......................................................................................................... 65 The beating of Salman Zagharneh ..................................................................................................... 72 The beating of Zidan and Muhammad a-Samamreh ....................................................................... 77 The abuse of Muhammad Maharmeh ................................................................................................ 81 -3- -4- Introduction This paper focuses on the military law enforcement while pointing to necessary improvements and system and how it handles complaints filed against modifications to the work process of these bodies. soldiers for harming Palestinians in the West Bank, including cases of violence and gunfire that B’Tselem has gradually come to the realization resulted in injury or death. Such harm is endemic to that the way in which the military law enforcement the occupation, which has been in place for nearly system functions precludes it from the very outset fifty years. from achieving justice for the victims. Nonetheless, the very fact that the system exists serves to convey Ever since B’Tselem was established more than 25 a semblance of law enforcement and justice. years ago, it has applied to the Military Advocate General Corps (MAG Corps) regarding hundreds Now, after a long process of careful consideration, of incidents in which Palestinians were harmed by B’Tselem has reached the conclusion that soldiers, demanding the incidents be investigated. continuing to file complaints to the military law Some of B’Tselem’s applications led to the launching enforcement system does more harm than good. of criminal investigations. In many cases, B’Tselem Because B’Tselem has no desire to help the assisted investigators in making arrangements system create a mere semblance of doing justice, for them to collect statements from Palestinian we have decided to stop applying to the military victims and eyewitnesses, and by obtaining medical law enforcement system. This decision holds even records and other relevant documents. Once the in cases of suspected unlawful actions by soldiers, investigations were concluded, B’Tselem followed and even though we realize that Palestinian up with the MAG Corps to get information as to the victims currently have no other recourse for filing case outcome. In some cases, B’Tselem appealed complaints against those who have done them the MAG Corps’ decision to close a case, and in a harm. few instances, even petitioned Israel’s High Court of Justice (HCJ) against a decision to close a case, or This decision is based on knowledge gained from regarding unreasonable delays in the MAG Corps’ hundreds of complaints B’Tselem filed with the processing of a case. military law enforcement system. In addition to the vast amount of information collected with Even so, B’Tselem’s many years of working with the respect to the processing of these cases, over military law enforcement system have not brought the years B’Tselem has requested and received the victims justice, because – as detailed below scores of investigation files from the Military Police – the system operates in a way that fails to hold Investigations Unit (MPIU). B’Tselem staff members accountable soldiers who caused harm and fails have also met with officials inside the military law to deter others from similar actions. The military enforcement system dozens of times over the years, law enforcement system thereby fails to fulfill its and corresponded at length with the MAG Corps function and does not provide Palestinians protection and other military officials. All this information has from harm. For years B’Tselem has been aware helped B’Tselem gain a great deal of experience of the system’s ineffectiveness and the problems and given it vast and detailed organizational plaguing it. Yet in the absence of viable alternatives, knowledge regarding how the system works and B’Tselem continued to demand investigations and what considerations guide it. to work with the law enforcement establishment, -5- This paper does not address incidents that took mechanism, as a consequence of which there place in East Jerusalem which is not subject to the is currently no official Israeli body capable of military law enforcement system. Although East handling this type of suspicion. Jerusalem is occupied territory, Israel has annexed it and applied its laws there. Nor does this paper Below, we review the structure and methods address the investigation of incidents in the Gaza of operation of the military law enforcement Strip. Already in the summer of 2014, B’Tselem system, as described by various officials. We stated that it would not demand investigations into follow with a review of the structural problems combat incidents in the Gaza Strip, even in cases plaguing the system and the issues affecting of strong suspicion of unlawful conduct on the part the exercise of powers given to it, based on of the military.1 This decision was made in view B’Tselem’s monitoring of hundreds of complaints of structural failings in the extant investigative it filed over the years. 1. B’Tselem, “Israeli authorities have proven they cannot investigate suspected violations of international humanitarian law by Israel in the Gaza Strip”, September 2014, see: www.btselem.org/accountability/20140905_failure_to_investigate. -6- The military law enforcement system: In theory Officials, including the MAG and the Attorney were submitted to the Turkel Commission, which General, do not dispute that the state has an addressed, as the second part of its mandate, the obligation to investigate this type of incident. It is military law enforcement system and its conformity their contention that the military law enforcement to Israel’s obligations under international law.4 system is successfully living up to this obligation. These documents emphasized the system’s merits In dozens of documents written on this topic – and effectiveness. For example, former MAG Maj. running to thousands of pages – and submitted to Gen. Dan Efroni wrote: various official institutions in Israel and abroad, these Israeli officials applaud the system’s We examine and investigate violations of the laws of performance and its underlying values. These war, because, those who violate them, as a matter of documents describe the system’s structure and fact also violate the IDF’s norms and values; because modes of operations, the agencies and mechanisms those who violate the laws of war, generally violate the involved in the process, the oversight agencies IDF’s orders and instructions which entrench the IDF’s supervising the system, and the cooperation combat values. It is a difficult task, and enforcement between these bodies. carries a price, a heavy one, but it is a necessary task, which is another expression of the fact that we are Some of these documents were submitted to the committed to international law as well, not because HCJ in connections with a petition regarding the we fear external criticism, but because it matches policies practiced by the MAG Corps.2 Others were the values that guide the IDF both in emergencies and written by Israel’s Ministry of Foreign Affairs, mostly during routine operations.5 after the conclusion of Operations Cast Lead and Protective Edge in the Gaza Strip.3 Other documents 2. HCJ 9594/03 B’Tselem