Tank during Defensive Shield operation
Photo: Reuters
Soldiers were not advised on limitations
Photo: Niv Calderon
Officers firing lethal shell get off easy
During Defensive Shield operation in 2002, armored forces are authorized to fire shells for enforcement of curfew, regiment commander does not limit use of fire, resulting in death of 4 Palestinians, including 3 children; 2 officers accused of causing death by negligence, plea bargain gives them mere suspended sentence
A suspended sentence and reprimand is all the punishment that was given to two officers who stood military trial, after the June 2002 incident in which tank shells were fired in an attempt to enforce a curfew in Jenin, which resulted in the death of four Palestinians.
One of the sentenced officers was an armored regiment commander.
Israel-PA Conflict
Yael Branovsky
B'Tselem says 205 of those killed did not participate in fighting, 405 Palestinians killed by IDF in Gaza alone since capture of Cpl. Gilad Shalit
It has been revealed to Ynet that recently the officers have reached a plea bargain with the Military Prosecution according to which they will not be serving active prison time.
"This is the most we could get on this case," claimed the military prosecution, "the fact that there was a legal proceeding is an honor certificate for the IDF."
The Military Court has forbidden publication of the names of those involved in the affair for fear that proceedings would be carried out against them abroad.
The incident occurred on the 21st of June, 2002, during the peak of the Defensive Shield operation.
A regular brigade commander who currently holds a key position in the Israel Defense Force at the rank of brigadier general authorized the firing of shells for the purpose of enforcing the curfew in a densely populated area in Jenin.
The regiment commander that received the authorization of the shelling gave his subordinates the green light, without advising them of the limitation of the shooting, of the type of arming or its extent.
After the shelling had begun, the regiment commander did not ask for updates on what was going on in the field.
Based on the command, the commander's force fired ten shellings, while during the whole incident; the soldiers were not under any immediate threat.
The result was tragic: Four Palestinians were killed, among them three children: 53 year-old Hilal Mustafa Shata, six year-old Sujud Ahmad, five year-old Ahmad Yousef Abdul, and his 13 year-old brother Jamil Yousef Aziz.
Five other Palestinians were wounded in the incident, among them three children aged seven to 12.
Officers given light sentence
Following the Criminal Investigations Division's investigation it was decided that the regular brigade commander would stand disciplinary trial, but at the end of the proceeding he was acquitted and promoted.The regiment commander who was an officer ranking lieutenant colonel and a first lieutenant commander were prosecuted in 2004 for causing death by negligence.
Recently, mediation has been carried out between the parties and the special military court.
In light of the evidence presented, the prosecution had a hard time proving a causal connection between the officer's negligence and the cases of death and injury.
Eventually the parties reached a plea bargain that ended the case symbolically – the officers would be charged with negligence (an offense that does not bear a criminal record) and would be given light sentences.
A few days ago the judges of the court announced that they accepted the agreement.
The regiment commander was reprimanded and given three months of suspended sentence. The first lieutenant commander was also reprimanded and demoted to second lieutenant.
A senior source at the Military Prosecution told Ynet that "the occurrence of this proceeding constitutes an honor certificate for the IDF, and even though it is not a conviction for a serious offence bearing serious punishments, it is still a proceeding that was carried out legally and in the most moral manner."
