A/HRC/16/24
(paras. 630-652). Nor has the Committee uncovered updated information concerning the
status of the criminal investigations into the death of Muhammed Hajji and the shooting of
Shahd Hajji and Ola Masood Arafat (A/HRC/12/48, paras. 745-754); and the shooting of
Ibrahim Juha (ibid., paras 755-763). Accordingly, the Committee remains unable to
determine whether any investigation has been carried out in relation to those incidents.
30.
The Committee also conducted an assessment of specific inquiries into the use of
human shields that were not explicitly mentioned in the FFM report. The Committee recalls
that the Government of Israel reported that the MAG had directly referred for criminal
investigation all allegations that civilians were used as human shields or compelled to take
part in military operations.17 In his April 2010 report on children and armed conflict, the
Secretary-General noted that the MAG was investigating reports of seven Palestinian
children used by Israeli soldiers as human shields in three separate incidents during the
Gaza conflict (A/64/742-S/2010/181, para. 101). The outcome of the investigations into
two of these incidents is unknown. The other investigation was opened in June 2009 on the
instructions of the MAG following a complaint by Defence for Children International.18
According to media reports, two soldiers forced a boy to search bags suspected of being
booby trapped and were convicted of offenses including inappropriate behavior and
overstepping authority.19 Both soldiers were demoted and received suspended sentences of
three months each.20
31.
It should be noted that while some media reports described the conviction as a credit
to the IDF, a former IDF deputy chief of staff reportedly said that the soldiers’ criminal
records should be cleared and that such events should be probed inside the units and not in
interrogation rooms.21 The boy’s mother apparently indicated her disappointment over the
decision to suspend the prison terms and expressed concern at the message that such a
lenient sentence would send to IDF soldiers.22 Reportedly, in the ruling, the judges
condemned the actions of the soldiers, but they also gave weight to issues such as the
contribution of the soldiers to Israel’s security and their personal circumstances, and
concluded that the soldiers “did not seek to degrade or humiliate the boy”.23
32.
The Committee does not have sufficient information to comment definitively on this
judgment, although it is hard to square the apparent finding that the soldiers “did not seek to
degrade or humiliate the boy” with evidence that they intended to put him directly in
harm’s way at grave risk to his life. The Committee is mindful of other judicial decisions,
such as the case of the soldier who was sentenced to a prison term of seven and a half
months for stealing a credit card during the operation in Gaza, where a harsher penalty was
imposed for acts that did not entail danger to the life or physical integrity of a civilian,
much less to a 9-year-old child.
17
18
19
20
21
22
23
8
Israel, “Gaza Operation investigations: second update”, July 2010, para. 37.
IDF, “IDF military prosecution indicts two IDF soldiers for misconduct during Operation Cast Lead”,
press release, posted on the Official Blog of the IDF, 11 March 2010.
Anshel Pfeffer, “Soldiers convicted of using boy, 11, as human shield during Cast Lead”, Haaretz,
4 October 2010. Available from www.haaretz.com/print-edition/news/soldiers-convicted-of-usingboy-11-as-human-shield-during-cast-lead-1.317008.
Anshel Pfeffer, “IDF soldiers demoted after convicted of Gaza war misconduct”, Haaretz, 21
November 2010. Available from www.haaretz.com/news/diplomacy-defense/idf-soldiers-demotedafter-convicted-of-gaza-war-misconduct-1.325850.
Hanan Greenberg, “No jail time for troops who endangered Palestinian boy”. Available
fromhttp://www.ynetnews.com/articles/0,7340,L-3987445,00.html, 21 November 2010.
Ibid.
IDF, “101 with the Deputy Military Advocate” (note 1 above).
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