2014 | Cases postdating Israel’s Apr 2011 new military investigations policy

In April 2011 the State Attorney’s Office notified the Israeli High Court of Justice of a change to the military’s investigations policy. According to the new policy, the Military Advocate General (MAG) Corps would instruct the Military Police to launch an investigation in every case in which a Palestinian not taking part in the hostilities was killed in the West Bank.

Via this link you can read a list of incidents in which Palestinian civilians were killed by the military since the new policy was announced. Each incident is accompanied by a current status report of the investigation, based on official information received by B’Tselem.

Of the 31 cases listed, investgation has not been completed in 11 cases dating from the period Jan 2013 – March 2014,  4 cases are still awaiting review by the military prosecutor, 6 cases were closed without indictment and in another 6 cases the decision was taken not to investigate. In 1 case there is as yet no decision on whether to investigate and in another a decision to conduct a limited investigation only. To date, only 1 case has resulted in a conviction, for negligent homicide, bringing a 7 month prison sentence and demotion from Lt Col. To Seargent for the perpetrator.

Under the Civil Wrongs (Liability of the State) Law (see under Legal Instruments in this section) that generally precludes compensation for acts done by Israel in a conflict zone, criminal conviction of the perpetrator is a prerequisite for the awarding of compensation for wrongful wounding or killing.