Publications

B’Tselem’s analysis finds AG’s claims, that the ICC has no jurisdiction in Palestine, rely on intentional misquotation, disregard for international law and an absurd misrepresentation of reality. Contrary to the AG’s position, the ICC has jurisdiction to carry out the necessary investigation of the situation in Palestine. This morning, B’Tselem published a position paper refuting the conclusion of Attorney General Dr. Avichai Mandelblit – the highest legal authority in Israel’s executive branch, whose legal opinion represents the government – that the Prosecutor of the International Criminal Court (ICC) has no jurisdiction to investigate suspected war crimes by Israel.

The pages below are an exhumation, digging up the past. For each year since 1989, we brought an account of a single instance in which soldiers killed, injured or beat a Palestinian. The account of each incident presents the testimony we collected at the time and then describes how one or another of the state’s legal branches whitewashed the actual event. Lastly, we bring a testimony we recorded this year from a relative or from the victims themselves. Their personal stories tell of lives unalterably changed in an instant. They were never the same again. The violence and its whitewashing are the double helix that make up the occupation’s DNA. The two are closely intertwined: without state violence, as carried out by its security forces, a people cannot be oppressed and its life regimented and controlled. But without whitewashing, the security forces would refuse to employ violence. This, then, is the awful pact between government control and “security,” a deal without which there could be no occupation or control.

Ahead of the UN Human Rights Council meeting on 18 March 2019, on the findings of the UN commission of inquiry into the 2018 Gaza protests, B’Tselem has issued a position paper explaining that Israel’s promise to “investigate” 11 incidents in which protesters were killed is mere propaganda. In a letter, B’Tselem’s director, Hagai El-Ad called upon the head of the commission, Santiago Canton, to reject the tapestry of lies Israel has woven while killing more unarmed protesters.

Since the wave of protests near the Gaza-Israel fence began on 30 March 2018, the Israeli military has killed 32 Palestinians in Gaza, 26 of them demonstrators, and injured more than 1,000 with live fire. Despite the heavy toll on life and limb, all state and military officials refuse to cancel these manifestly unlawful open-fire orders and continue to issue – and justify – them. Ahead of this Friday’s demonstrations (13 April), B’Tselem has issued a position paper on its findings regarding the first day of protest, analyzing the illegality of orders to shoot at unarmed demonstrators who pose no danger to anyone.

In the summer of 2014, Israeli security forces killed 1,391 people, including 526 minors, who did not participate in the fighting. The report describes how Israel creates the false appearance of investigations into alleged breaches of law during the fighting, when in fact, those who are truly responsible for the violations, those who designed the policy and issued the orders, were never investigated. The MAG Corps’ investigations focus only on the responsibility of the lower ranks for cases considered “exceptional”, ignoring the fact that scores more nearly identical cases ended with horrifying outcomes. The MAG’s stand, which absolves himself of responsibility and allows decision makers to repeatedly ignore these outcomes is illegal and immoral.

The report explains the reasons behind B’Tselem’s decision to no longer refer complaints to the military law enforcement system. It was made based on information compiled from hundreds of complaints B’Tselem has filed with the military, dozens of military investigations and many meetings with officials. B’Tselem will continue reporting violations but will no longer help a system which serves as a whitewash mechanism and that also, in advance, absolves senior military and government officials of responsibility for the policy they set out.

During Operation Protective Edge, Israel violated international humanitarian law in some cases, and many other cases are highly suspect. However, B’Tselem does not intend to demand that these suspicions be investigated by Israel’s current investigation mechanisms. This is due to the experience that B’Tselem gained following past military offensives in the Gaza Strip, which shows that there is currently no official body in Israel capable of conducting independent investigations of suspected violations of international humanitarian law.

Six months after the Turkel Commission’s issued its report on Israel’s investigative policy of alleged violations of laws of war, B’Tselem published a position paper on the report. While the commission held that Israel fulfills its obligation to investigate, it noted: “in several of the areas examined, there are grounds for amending examination and investigation mechanisms and in several areas, there are grounds for changing the accepted policy”. The commission’s recommendations are far-reaching. Nonetheless, B’Tselem emphasizes that greater systemic change is needed to bring Israel’s military investigative policy up to par.

The report surveys the broad spectrum of issues regarding the Israeli authorities' human rights record in the West Bank and Gaza Strip over the past year, the 44th year of the Israeli occupation. An interactive version of the report is available online and distributed through social media. The report documents a sharp increase in the number of uninvolved Palestinians killed by the Israeli security forces in the Gaza Strip in 2011. There was also an increase in the number of Israeli civilians killed by Palestinians, compared to 2010.

The report exposes routine ill-treatment of Palestinians in interrogations. The findings, based on testimonies of 121 Palestinians, show they were subjected to cruel, inhuman, and degrading treatment, and in some cases, also to torture. The report calls on Israel to cease the illegal practices, punish the offenders, and compensate the victims.

According to the report the Israeli army's policy not to investigate the killing of Palestinian civilians exempts soldiers from accountability, even when criminal offenses are suspected. Even in the few cases in which investigations are opened, routine procrastination by the Judge Advocate Generals' Office leads to closing of the files.

B'Tselem issued a position paper detailing the guidelines of the necessary Israeli investigation of its conduct during the operation in Gaza. B'Tselem's initial survey of the military operation calls into question Israeli statements that the military acted according to International Humanitarian Law and that responsibility for the harm to the civilian population rests exclusively with Hamas.

The ISA routinely maltreats Palestinian detainees during interrogations and in some cases even tortures them. This is one of the findings of the report issued today by B'Tselem and HaMoked: Center for the Defence of the Individual.

The report raises the strong suspicion that during the past year the military engaged in assassinations in the guise of arrest operations.