A/HRC/16/24 Committee’s mandate. In the Committee’s view, that legal analysis remains valid and does not require further elaboration. IV. The Government of Israel A. Investigations conducted 1. Military operations in Gaza 24. According to available information, the Government of Israel has conducted some 400 command investigations in relation to Operation Cast Lead. Reports indicate that the Military Advocate General (MAG) has opened 52 criminal investigations into allegations of wrongdoing.1 Of these 52 investigations, thus far three cases have been submitted to prosecution; two have resulted in convictions, while the trial of one case is still ongoing. 25. Focusing on incidents discussed in the previous report, the Committee could ascertain significant changes in the status of only two cases since September 2010. The first change concerns the completed inquiry into the alleged shooting and killing of Matar Abu Halima (aged 17) and Muhammad Hekmat Abu Halima (aged 16), and the wounding of Omar Abu Halima, on 4 January 2009 (A/HRC/12/48, paras. 788-801). The incident reportedly occurred as the young men were transporting wounded family members to the hospital and after they had complied with soldiers’ orders to stop (ibid., para. 800). Notwithstanding difficulties created by discrepancies in testimonies given by Israeli Defence Forces (IDF) soldiers, the MAG ultimately concluded that the soldiers “acted lawfully in light of a perceived threat”.2 In addition, an apparently extensive investigation into allegations that earlier on the same day the family home had been hit by a white phosphorous shell, killing five and injuring four – which included interviews with family members present at the time of the alleged shelling, consultations with technical experts, and a review of medical records – ended with the determination that “it was unclear what ammunition had hit the house and who had launched it”.3 26. The second case refers to the killing of Majda and Rayya Hajaj (see A/HRC/12/48, paras. 764-769). The Committee learned that a soldier was indicted before a military court on charges of manslaughter in relation to the deliberate targeting of an individual waving a white flag, without orders or authorization to do so.4 The indictment reportedly refers to the death of an unknown person, as the evidence gathered did not establish sufficient connections between the information provided in Palestinian testimonies – that the shooting victims at Juhr ad-Dik on January 4, 2009 were the two Hajaj women – and the admissions made by the soldier – which referred to the killing of a single man.5 According to media reports, the trial was opened on 1 August 2010 but the reading of the indictment was immediately postponed at the request of the defense,6 which demanded that the trial be suspended while the Military Police pursue allegations that an IDF officer had attempted to block the investigation by not submitting the results of a probe into the incident to his 1 2 3 4 5 6 6 Israeli Defense Forces (IDF), “101 with the Deputy Military Advocate for Operational Affairs”, 9 March 2011. Available from www.mag.idf.il/163-4544-en/patzar.aspx. Ibid. Ibid. See also A/HRC/12/48, paras. 791 and 792. “IDF military advocate general takes disciplinary action”, The Official Blog of the IDF, 6 July 2010. Available from http://idfspokesperson.com. Ibid. “Trial of Cast Lead soldier accused of manslaughter postponed”, YNET, 1 August 2010. Available from www.ynetnews.com.