A/HRC/12/48
page 251
the ability to maintain a monitoring capacity in Gaza, by a variety of surveillance and electronic
means, including UAVs. In short, Israel’s intelligence gathering capacity in Gaza since its
ground forces withdrew has remained extremely effective.
2.
Legal input and training of soldiers on legal standards
1183. The Israeli Government has set out the legal training and supervision relevant to the
planning, execution and investigation of military operations.567 The Mission also met Col. (Ret.)
Daniel Reisner, who was the head of the International Legal Department of the Military
Advocate General’s Office of the Israeli Defense Forces from 1995 until 2004. In an interview
with the Mission he explained how the principles and contents of international humanitarian law
were instilled into officers. He explained the four-tiered training system, reflecting elements
similar to those presented by the Government, which seeks to ensure knowledge of the relevant
legal obligations for compliance in the field. Firstly, during training all soldiers and officers
receive basic courses on relevant legal matters. The more senior the ranks, the more training is
required “so that it becomes ingrained”. Secondly, before a significant or new operation, legal
advice will be given. Col. Reisner indicated that he understood from talking with colleagues still
in active service that detailed consultations had taken place with legal advisers in the planning of
the December-January military operations. He was not in a position to say what that advice had
been. Thirdly, there would be real-time legal support to commanders and decision makers at
headquarters, command and division levels (but not at regiment levels or below). The fourth
stage is that of investigation and prosecution wherever necessary.
1184. The same framework explained by Col. Reisner appears to be repeated in similar detail in
a presentation of the Office of the Legal Adviser to the Ministry of Foreign Affairs.568
3.
The means at the disposal of the Israeli armed forces
1185. The Israeli armed forces are, in technological terms, among the most advanced in the
world.569 Not only do they possess the most advanced hardware in many respects, they are also a
market leader in the production of some of the most advanced pieces of technology available,
including UAVs.570 They have a very significant capacity for precision strikes by a variety of
methods, including aerial and ground launches. Moreover, some new targeting systems may have
been employed in Gaza.571
566
See chap. IV.
567
“The operation in Gaza…”, paras. 212-221.
http://www.mfa.gov.il/NR/rdonlyres/8DC5105D-A2A1-4709-9874-F42F1D1DA44B/0/
TaubGazaLegalAspects270509.pps.
568
569
For a detailed breakdown of Israeli capacity, see http://www.inss.org.il/upload/(FILE)1245235226.pdf.
570
Ibid., pp. 8-9.
According to the Israeli armed forces, the system, controlled by a computer and composed of 120 ml mortars,
was developed for use by ground forces. “The Keshet weapons system is an autonomous mortar with the ability to
aim and navigate independently. It fires at a fast speed and has the capacity to fire the first mortar accurately within
a minute”. See http://dover.idf.il/IDF/English/News/today/2008n/04/1401.htm.
571
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