A/HRC/15/50 by ground forces; and use of weaponry containing phosphorous.38 A sixth command investigation was established in November 2009 to investigate the allegations relating to the al-Samouni residence, the mistreatment of Palestinian detainees by IDF and the attack on the al-Maqadmah mosque.39 38. Third, the MAG may order the Military Police Criminal Investigation Division (MPCID) to open a criminal investigation into allegations of criminal behaviour.40 He does so either directly upon receipt of a complaint from any source or on the basis of the results of a command investigation. A team of 16 investigators was designated to undertake investigations stemming from the Gaza conflict.41 By July 2010, the MAG had launched 47 such criminal investigations, of which he had referred 34 directly for criminal investigation while the remaining 13 cases had previously been the subject of command or special command investigations. 39. Once the review is concluded, MPCID reports to the military prosecution and transfers the file for review by a prosecutor. The MAG or Chief Military Prosecutor then decides whether to initiate disciplinary or criminal proceedings or to undertake further investigations. The military prosecution files an indictment before a military court if it determines that there is sufficient evidence to obtain a conviction.42 40. In total, Israel has launched more than 150 investigations into allegations of misconduct or violations of IHL during “Operation Cast Lead”. As previously noted, this has led to 47 criminal investigations and 4 criminal indictments, one of which led to a conviction for the crime of looting.43 In addition, investigations have examined operational procedures and the use of certain munitions, such as white phosphorous.44 41. The FFM report set out 36 incidents alleging serious violations of IHL and IHRL. Annex II below illustrates the status of investigations into these incidents based on available information. While most have been investigated, the Committee does not have information on whether inquiries into certain matters have been launched and these are discussed below. B. Assessment Positive developments 42. The Committee welcomes certain positive steps that have resulted from Israel’s investigations into complaints raised in relation to the Gaza conflict. The adoption of new written procedures for the protection of civilians in urban warfare should help to increase that protection in armed conflict and ensure that IDF places more emphasis on civilian safety. The establishment of a “humanitarian officer” for every fighting battalion with responsibility for handling the civilian population should be highlighted as an innovative means to educate soldiers and advise commanders on the protection of civilians and civilian property and the planning and coordination of humanitarian assistance. Likewise, the New Order Regulating the Destruction of Private Property for Military Purposes should help to minimize such destruction in the future. The establishment of a clear doctrine and strict 38 39 40 41 42 43 44 12 “January update”, para. 96. Ibid., paras. 124–126. Ibid., para. 50. Ibid., para. 132. Ibid., para. 67. “Second update”, para. 10. “January update”, paras. 117–120.