MAG Corps closes investigation into killing of Lubna al-Hanash without indicting soldier who fired

[R. Daneel Olivaw]

http://www.btselem.org/accountability/20140629_lubna_al_hanash_appeal_rejected

The decision reflects lack of respect for the lives of Palestinians and conveys a dangerous message to soldiers and commanders

The MAG Corps posted a notice on its Hebrew website stating that the investigation into the killing of Lubna al-Hanash by military gunfire has been closed without filing charges. According to the notice, the case was closed because the soldier who fired the shots that killed al-Hanash and injured a relative who was with her, was firing at a person who had lobbed a Molotov cocktail at Israeli cars. The notice stated that the investigation "indicated that the soldier who fired did not notice the deceased at the time of shooting", despite the fact that al-Hanash had been standing close to the escape route of the person targeted. The MAG Corps claimed that as the open-fire regulations permit "opening fire toward terrorists immediately after an attack, including an attack using Molotov cocktails", the shooting did not breach regulations and did not constitute a criminal offense. It added, however, that a lieutenant colonel who was with the soldier at the time will receive a disciplinary reprimand for failing to convey the open-fire regulations to soldiers under his command, and that no direct causal link was found between the said failing and the killing of al-Hanash.

The details of the incident as provided by the MAG Corps differ substantially from the facts uncovered by B'Tselem's investigation. Yet even in accordance with MAG Corps' reasoning, the soldier who fired the shots – whose life was not in danger at the time – was obligated to ensure that no bystander be harmed. It is unreasonable that the MAG Corps permit use of a lethal weapon without minimal precautions. Therefore, the explanation given that the soldier did not notice al-Hanash at the time of the shooting cannot in any way justify the decision to close the case. First, B'Tselem's examination of the scene found that no physical obstacle in the terrain could have blocked the soldier's view of the spot where al-Hanash and her relative, Sou'ad, were standing; the latter even told B'Tselem that she saw the soldier who fired the shots, from the spot where she had been hit. Second, even if the soldier had shot without noticing the two women, this serves to indicate that he did not examine the area carefully before shooting, or that he fired even though he did not have a clear line of vision.

The decision to close the case without charges demonstrates yet again how Israel's military law enforcement authorities systematically refrain from enforcing the law on soldiers involved in harm to Palestinians. This policy promotes lack of respect for the lives and safety of Palestinians and encourages a trigger-happy approach. B'Tselem has written to the Military Police Investigation Unit (MPIU) demanding a copy of the investigation file, in order to appeal the decision.

It is always the same old song and dance. The IDF kills a Palestinian and praise God!!! They are innocent as babes!!