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September 30, 2016 / 27 Elul, 5776

Posts Tagged ‘Gaza’

Liberman: No Negotiations With Hamas Over IDF Soldiers’ Bodies

Monday, August 29th, 2016

Defense Minister Avigdor Liberman said today in private talks closed to the media during a tour of Bedouin communities in southern Israel that the bodies of two dead IDF soldiers held by the Hamas terrorist organization in Gaza will not be returned, Israel’s Channel 10 television news reported Monday night.

Liberman said he opposes any form of dialogue with Hamas that would comprise a “deal” with the terrorist organization similar to that which freed former IDF soldier Gilad Shalit, held hostage in Gaza by the group for more than five years.

Israel was forced to free more than a thousand Palestinian Authority terrorist prisoners in order to retrieve Shalit, including hundreds of murderers with the blood of numerous Jews on their hands.

IDF soldiers Oron Shaul and Hadar Goldin were killed during Operation Protective Edge in the summer of 2014, and both of their bodies were stolen during the conflict by Hamas. Their bodies have since been held hostage by the terrorist group in Gaza.

The Goldin family responded sharply to Liberman’s statement, saying he cannot continue to serve as defense minister, Channel 10 reported.

Following the broadcast of those remarks, the Ministry of Defense clarified Liberman’s statement in a separate release.

In response to the Channel 10 report, the ministry underlined in a statement: “Defense Minister Avigdor Liberman did not refer today or in recent days to the issue of returning the bodies of IDF soldiers Shaul or Goldin.

“The minister opposed, and has always opposed, any deal-making whatsoever for captives held by terrorists, up to today.

“One might remember that Minister Liberman also voted against the negotiations over former IDF soldier Gilad Shalit (for his eventual release from captivity).

“[Minister Liberman] held the opinion at that time that it is wrong to allow anyone to believe that terrorism pays.”

Hana Levi Julian

IAF Fires at Gaza Fishermen

Sunday, August 28th, 2016

Gazan fishing boats that strayed out of the permitted fishing zone north of Gaza City were fired on by Israeli warplanes, GazaNow tweeted Sunday morning.

David Israel

This is What is Taught in #UNRWA Schools [video]

Sunday, August 28th, 2016

Video of the Day

UN Demanding Diplomatic Immunity for Hamas Agent

Friday, August 26th, 2016

Israel’s Foreign Ministry spokesman Emmanuel Nachshon revealed that the United Nations Development Program (UNDP), whose employee Wahid Abdullah Borsch, 38, has confessed to working for Hamas, using the international agency’s budget to promote terrorism against Israel, on Wednesday sought Borsch’s release on the grounds that he had diplomatic immunity. Nachshon said the claim had been examined by jurists who determined it is “unsubstantiated.”

Borsch, a resident of Jabaliya in the Gaza Strip, was arrested in July on suspicion of using his employment by the UNDP to carry out missions for Hamas. UNDP is engaged in housing and development projects for the Gaza population, including renovating homes damaged in the military conflicts with Israel. In his interrogation Borsch revealed that he diverted UNDP resources to building a clandestine marina in the northern Gaza Strip in 2015, to be used by the Hamas military arm. Borsch also confessed to influencing his superiors at UNDP to prioritize the rehabilitation in areas where Hamas seniors lived — following instructions he had received from Hamas.

Israel’s UN envoy Danny Danon was contacted by the UN legal office which claimed that UN employees are entitled to diplomatic immunity from prosecution by local authorities and that Borsch should receive UNDP visitors until he is released.

Danon, for his part, contacted the international aid organizations in Gaza with the message that “any dollar spent, and any local hire by an international organization, must be monitored [to] ensure they fulfill the purpose of aiding the residents of Gaza and not funding terror activities.”

The 1946 Convention on the Privileges and Immunities of the United Nations, and 1947 Convention on the Privileges and Immunities of the Specialized Agencies, contain privileges and immunities for three categories of persons crucial for the work of the Organization: 1) representatives of Member States; 2) United Nations officials; and 3) experts on missions for the United Nations.

While Member State representatives enjoy modified diplomatic privileges and immunities, United Nations officials, i.e. permanently employed staff members, enjoy “functional” immunity which is defined as immunity “from legal process in respect of words spoken or written and all acts performed by them in their official capacity.”Article V, section 20, stresses that “…privileges and immunities are granted to officials in the interests of the United Nations and not for the personal benefit of the individuals themselves” and that the Secretary-General has to waive the immunity of United Nations officials where it would “impede the course of justice and can be waived without prejudice to the interests of the United Nations.”

The UNDP demand in Borsch’s behalf might be a case of providing immunity post facinus, literally: after the crime has been committed, because, as opposed to United Nations officials, experts on missions for the United Nations, or members of United Nations peacekeeping operations, serve under a temporary and specific mandate and enjoy only certain functionally limited privileges and immunities pursuant to article VI of the General Convention. They are most likely not immune from criminal prosecution.

JNi.Media

Shots Fired at IDF Patrol Boat in Northern Gaza

Thursday, August 25th, 2016

An IDF boat patrolling the northern Gaza Strip on Thursday morning was shot at by local Arabs. No one was hurt. The incident began when Arab fishing boats had strayed outside the permitted fishing zone. The Israeli Navy boat called on the suspects to get back and followed the suspect apprehension protocol. During the operation one of the suspects was shot and lightly injured and taken for medical treatment in Ashdod. The other suspects drove their fishing boat back to the permitted zone.

The head of the local Fishermen Union, Nizar Ayyash, told Ma’an that the Israeli Navy detained Abed al-Aziz Saadallah off the coast of Beit Lahiya after opening “heavy fire” at fishing boats.

The IDF Spokesperson’s Office responded that the fisherman was detained after deviating from the “designated fishing zone,” and was also reportedly wounded by Israeli fire. According to the IDF, the Naval force told the fishermen to stop, and shot warning shots into the air. When the boats failed to stop, the Naval force shot towards the vessels, wounding one Arab. The IDF Spokesperson added that shots were fired from the northern shore of the Gaza Strip at the Israeli naval force.

David Israel

Operation Safari Rescuing Gaza Beasts Completed at Erez Crossing

Wednesday, August 24th, 2016

In a complex operation, a group of animals was transferred on Wednesday morning from the Gaza Strip via Erez Crossing, in order to receive better living conditions and improved care, the Agriculture and Rural Development Ministry Spokesperson’s Office reported. As on previous occasions, the move was made possible due to cooperation between the Agriculture and Rural Development Ministry’s Gaza Coordination and Liaison Office, the Coordinator of Government Activities in the Territories, the Israel Nature and Parks Authority, the Defense Ministry Crossings Authority and the local Ministry of Agriculture in Gaza.

At the initiative of international animal welfare charity Four Paws, a tiger, five monkeys, two ostriches, two gazelles, two tortoises, a swan and a porcupine left Gaza Wednesday morning. These animals, which will be transferred to zoos in South Africa and Jordan, the Ben Shemen, Israel monkey park and the Safari zoo in Ramat Gan, Israel, are the last from the Khan Yunis zoo in the southern Gaza Strip. Their transfer constitutes the closing of Khan Yunis zoo, the operation of which had become very difficult in recent years.

Special cages, veterinary equipment and medicines were brought into the Gaza Strip to facilitate optimal veterinary treatment of the animals before the actual transfer.

Uri Madar from the Agriculture Ministry Gaza Coordination and Liaison Office said in a statement: “Given the less than satisfactory conditions and in the absence of the ability to continue caring for the animals at the Khan Yunis zoo, the Agriculture and Rural Development Ministry assisted and coordinated the transfer of the animals to zoos in Israel and around the world. Over the last two years, the ministry transferred lions, a horse and other animals. Our veterinary services have been continually active and are devoted to the welfare and health of the animals. We are delighted and moved every time we are able to be of assistance in saving the lives of animals.”

David Israel

IDF Military Advocate General Issues Update on 2014 Gaza War-Related Criminal Investigations

Wednesday, August 24th, 2016

IDF Military Advocate General (MAG) on Wednesday issued a press release regarding a number of alleged “exceptional incidents” that took place during Operation Protective Edge in the summer of 2014. Many of these claims originated in complaints that were transmitted to the MAG Corps on behalf of Arab residents of the Gaza Strip, as well as by several NGOs. Other allegations were made in media reports, as well as by internal IDF operational reports.

To date, the MAG Corps has received some 500 complaints about 360 incidents alleged to have occurred over the course of the Operation. Some alleged incidents received more than one complaint.

Each complaint suggesting misconduct by IDF forces, undergoes an initial examination. If the allegation is deemed credible, prima facie, and is sufficiently concrete, it is referred to the MAG for a decision as to whether an immediate criminal investigation is warranted without further examination, or whether the incident should be referred to the General Staff Mechanism for Fact-Finding Assessments (FFA Mechanism), for a prior factual examination before making a decision on whether to open a criminal investigation.

To date, in the wake of allegations that indicated prima facie grounds for a reasonable suspicion of criminal misconduct, the MAG has ordered the opening of criminal investigations without the need for prior factual examination with regard to 24 exceptional incidents. Of these criminal investigations, the MAG decided to issue indictments against three IDF soldiers, accused of looting and of aiding and abetting looting. The legal proceedings regarding these charges are underway at the present time.

Regarding 13 other criminal investigations, the MAG has closed the cases without undertaking any criminal or disciplinary proceedings. The remainder of the investigations are still ongoing – some are still underway, and some have been completed with their findings having been submitted to the MAG for review.

Other allegations, which did not indicate prima facie grounds for a reasonable suspicion of criminal misconduct, were referred to the FFA Mechanism for examination. This mechanism, which was initiated while the operation was still underway, collates information and relevant materials and undertakes inquiries, in order to assess the facts of exceptional incidents. These efforts are intended to provide the MAG with as much factual information as possible in order to reach decisions regarding whether or not to open a criminal investigation, as well as for the purpose of a “lessons-learned” process and the issuance of operational recommendations that will assist in mitigating the risk of exceptional incidents occurring in the future.

All in all, to date, around 360 complaints and reports relating to around 220 exceptional incidents alleged to have occurred over the course of the Operation have been transmitted to the FFA Mechanism for examination, after undergoing an initial examination by the MAG Corps.

To date, after reviewing the factual findings and the material collated by the FFA Mechanism, the MAG has referred seven incidents for criminal investigation. One of these investigations has already been the subject of a decision by the MAG. Other investigations have been completed and are awaiting review of their findings by the MAG, or are currently ongoing.

With regard to around 80 additional incidents that were examined by the FFA Mechanism, the MAG decided to close the case without opening a criminal investigation, where the actions of the IDF forces involved did not give rise to reasonable grounds for suspicion of criminal behavior. However, in relation to some of these incidents, the MAG recommended reviewing operational methods in order to assess whether any changes should be made. In certain cases that were closed, the MAG found that no involvement of IDF forces could be identified in regard to the incident.

David Israel

Printed from: http://www.jewishpress.com/news/breaking-news/idf-military-advocate-general-issues-update-on-2014-gaza-war-related-criminal-investigations/2016/08/24/

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