A/HRC/16/24 superior officers and to the MAG.7 The trial is currently in recess while the authorities investigate further. 27. The Committee does not have sufficient information to establish the current status of the ongoing criminal investigations into the killings of Ateya and Ahmad al-Samouni, the attack on the Wa’el al-Samouni house and the shooting of Iyad Samouni. This is of considerable concern: reportedly 24 civilians were killed and 19 were injured in the related incidents on 4 and 5 January 2009 (A/HRC/12/48, paras. 706 to 744). Furthermore, the events may be connected both to the actions and decisions of soldiers on the ground and of senior officers located in a war room, as well as to broader issues implicating the rules of engagement and the use of drones. There are also reports indicating that the MAG decision to investigate was opposed by the then head of the IDF southern command.8 Media reports further inform that a senior officer, who was questioned “under caution” and whose promotion was put on hold,9 told investigators that he was not warned that civilians were at the location.10 However, some of those civilians had been ordered there by IDF soldiers from that same officer’s unit, and air force officers allegedly informed him of the possible presence of civilians.11 Media sources also report that the special command investigation, initiated 10 months after the incidents,12 did not conclude that there had been anything out of the ordinary in the strike.13 As of 24 October 2010, the MAG had apparently not determined whether or not the officer would stand trial.14 28. The Committee notes that the MAG is apparently reviewing the completed special command investigation into the treatment of Palestinian detainees and is evaluating whether criminal or disciplinary measures are necessary. The Committee understands that this command investigation examined broad issues related to the treatment of Palestinian detainees,15 including those related to the Al-Atatra sandpits (A/HRC/12/48, paras. 11121176), and that specific allegations of torture and ill-treatment remain under investigation by the Military Police.16 29. The Committee has discovered no information relating to four incidents referred to in the FFM report: incident AD/02 (paras. 1127-1142); incident AD/06 (para. 1107); the attack on the Al-Quds hospital (paras. 596-629); and the attack on the Al-Wafa hospital 7 8 9 10 11 12 13 14 15 16 Yaakov Lappin, “IDF probes officer suspected of blocking investigation”, Jerusalem Post, 18 November 2010. Available from www.jpost.com/Israel/Article.aspx?id=195903. “Israel colonel ‘quizzed over deadly raid’”, AFP, 22 October 2010. Available from www.google.com/hostednews/afp/article/ALeqM5gZ9FAI2Hq2nuE7K0oapiunq5Y5Q?docId=CNG.2f057538640f1e680daa7203d3609eff.521. “IDF commander questioned over Gaza killing”, Ynet, 22 October 2010. Available from www.ynetnews.com/articles/0,7340,L-3973310,00.html. Amos Harel and Anshel Pfeffer, “IDF probes top officers on Gaza war strike that killed 21 family members”, Haaretz, 22 October 2010. Available from www.haaretz.com/print-edition/news/idfprobes-top-officers-on-gaza-war-strike-that-killed-21-family-members-1.320505. Ibid. Follow-up to the report of the United Nations Fact-Finding Mission on the Gaza Conflict (A/64/651), annex I, para. 124. This command investigation was initiated to assess certain allegations in the FFM report. Harel and Pfeffer, “IDF probes top officers” (note 10 above). Amira Hass, “What led to IDF bombing of house full of civilians during the Gaza war?”, Haaretz, 24 October 2010. Available from www.haaretz.com/news/diplomacy-defense/what-led-to-idfbombing-house-full-of-civilians-during-gaza-war-1.320816. The command investigation reportedly makes recommendations to improve the way the IDF manages issues related to detainees including detention conditions, questioning of detainees and the documentation of related operations. IDF, “101 with the Deputy Military Advocate” (note 1 above). 7