Failure to investigate

Israel is an Occupying Power under international law and is held accountable to the Fourth Geneva Convention. The international community is legally obliged to examine Israel’s conduct against Palestinian civilians and, needless to say, against unarmed civilians in international waters.

Israel’s record of investigating itself, aside from being spun to praise Israel’s moral superiority, has never been of any help for Palestinians.

In fact, the entire Israeli justice system is systematically unjust to occupied Palestinians.

The Israeli rights group ‘Yesh Din’ reported that out “of the 186 criminal investigations opened by the Israeli army into suspected offenses against Palestinians in 2015, just four yielded indictments.” Such indictments rarely yield prison sentences.

The recent indictment of Israeli army medic, Elor Azarya, sentencing him to (now postponed) a term of 18 months in prison for the killing in cold blood of an alleged Palestinian attacker is an exception, not the norm. It has been years since an Israeli soldier was sentenced. In fact, several thousand Palestinian civilians have been killed between the last time a ‘manslaughter’ conviction of an Israeli soldier in 2005 and Azarya’s indictment.

Azarya, now perceived by many Israelis as a hero, has received such a light punishment that it is less than that of a Palestinian child throwing rocks at an Israeli occupation soldier.

Some United Nations officials, although powerless before the US backing of Israel, are furious.

The 18-month verdict “also stands in contrast to the sentences handed down by other Israeli courts for other less serious offenses, notably the sentencing of Palestinian children to more than three years’ imprisonment for throwing stones at cars,” UN human rights spokeswoman, Ravina Shamdasani, said in response to the Israeli court decision.

Not only is the Israeli justice system unjust to Palestinians, it was never intended to be so. A careful reading of the recent comptroller’s remarks and findings would clarify that the intent was never to examine war against a besieged nation as a moral concept, but the government’s inability to win the war more effectively: the breakdown of intelligence; Netanyahu’s lack of political inclusiveness; the death of an unprecedented number of Israeli soldiers.

Israel’s appetite for war is, in fact, at an all-time high. Some commentators are arguing that Israel might launch yet another war so as to redeem its ‘mistakes’ in the previous one, as stated in the report.

But war itself is a staple for Israel. Hard-hitting Israeli journalist Gideon Levy’s reaction to the comptroller’s report says it best. He argued that the report is almost a plagiarized copy of the ‘Winograd Commission Report’ which followed the 2006 Second Lebanon War.

All wars since 1948 “could have been avoided”, Levy wrote in the ‘Haaretz’. But they were not, frankly, because “Israel loves wars. Needs them. Does nothing to prevent them and, sometimes, instigates them.”

This is the only way to read the latest report, but also all such reports, when war is used as a tool of control, to ‘downgrade’ the defenses of a besieged enemy, to create distraction from political corruption, to help politicians win popular support, to play, time and again, the role of the embattled victim, and many other pretenses.

As for Palestinians, who are neither capable of instigated or sustaining a war, they can only put up a fight, real or symbolic, whenever Israel decides to go for yet another bloody, avoidable war.

No matter the outcome, Israel will boast of its military superiority, unmatched intelligence, transparent democracy and moral ascendancy; the US, Britain, France and other Europeans will enthusiastically agree, issuing Israel another blank check to ‘defend itself’ by any means.

 

This article has been excerpted from: ‘Only the Israel Dead Matter: Israel’s Failure at
Investigating Its Bloody Wars’.

Courtesy: Counterpunch.org