A/HRC/9/26
page 12
the Military Advocate General, who then decided that “no legal action is to be taken against any
military official regarding this incident”.22 According to a press communiqué issued by the
Israeli Ministry of Foreign Affairs, the reasons for this decision were that:
(a)
The shelling of civilians was not intentional;
(b) The error was “directly due to a rare and severe failure in the artillery fire-control
system operated at the time of the incident” causing “incorrect range findings that lead,
unknowingly, to fire at a different target then planned initially”;
(c) The malfunction was so rare that “it is not possible to point to a legal circumstantial
connection, between the behaviours of the people involved in the incident and the result of the
incident”.22
37. Neither the report of the committee nor that of the Advocate General has been made
public. The mission requested copies of both on a number of occasions, but these requests
remain unanswered. The mission finds this lack of transparency for a process that is in effect to
date the only means for accountability for the deaths of 19 civilians, highly disturbing.
38. The Israeli military appears to be of the view that, if an error is caused by malfunctioning
technology, there can be no causal link (and thus no responsibility) on the part of individuals, be
they designing, building or operating the technology.23 The Mission also notes that press reports
of the investigation quote military sources as suggesting that “it would be worthwhile to look
into whether the artillery battery team could have nonetheless avoided the incident through more
proper performance, and careful monitoring of the equipment”. This proposal is strengthened by
the reported recommendations of the investigation, one being to require “human tracking of
where shells are falling in addition to the radar”.24
39. According to a number of sources, the Israeli military version of events
on 8 November 2006 is as follows. On or at some time prior to 8 November, the military
received information that rocket launching would take place from a field near Beit Hanoun. “In
an effort to disrupt and thwart the launching of rockets at Israeli population centers”, Israeli
artillery directed twenty-four 155 mm shells at two targets near Beit Hanoun. In the military’s
view, artillery shelling of a site of potential rocket launching is an effective deterrent. The
first 12 shells landed in the correct location, however 6 of the second round landed 450 metres
away from their intended target and resulted in the civilian casualties.25
22
Ibid., “Military Advocate General concludes investigation of Beit Hanoun shelling”.
23
The allegedly malfunctioning technology is made by an Israeli manufacturer, which
reportedly assisted in the investigation.
24
Haaretz, “Peretz to re-evaluate IDF policy of shelling northern
Gaza Strip”, 10 November 2006.
25
Haaretz, “IDF panel: Errant shell in Beit Hanun likely result of human or technical
error”, 9 November 2006.
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