Ref: 61/2009

Date: 07 May 2009

Time: 15:35 GMT  

Attorney General’s Office informs Israeli Supreme Court that No Investigation will be Conducted into Suspected War Crimes Committed in Gaza in 2004; During Hearing Justices Make Political Comments Unrelated to the Petition

On Wednesday 6 May, 2009, the Supreme Court of Israel heard a petition filed by Adalah, the Palestinian Center for Human Rights (PCHR), and Al-Haq, demanding a criminal investigation into the killing of civilians and the extensive destruction of homes in Gaza in 2004. The petition was filed in April 2007, by former senior Adalah Attorney Marwan Dalal, and relates to two Israeli military operations in the Gaza Strip: “Operation Rainbow” (18-24 May 2004) and “Operation Penitence” (30 September – 15 October).

Despite numerous motions submitted by the petitioners requesting an immediate hearing, this was the first hearing to be held on the petition, two years after it was originally filed.

The Attorney General’s office argued that the case should be dismissed on the grounds that its arguments were overly broad, and that it was brought too long after the event. However, petitioners stressed that allegations of war crimes have no statute of limitation, and that it is the State’s responsibility under international law (particularly the Fourth Geneva Convention) to investigate these allegations.

PCHR wish to highlight the fact that certain justices used the hearing to make political statements unrelated to the petition at hand. One justice inquired about PCHR’s position regarding the capture of Israeli solider Gilad Shalit. The justices also vehemently criticized the petition’s legal references to the principle of universal jurisdiction, which establishes the possibility of bringing a case before foreign national courts, should a domestic remedy be unavailable. 

A decision on whether the court will proceed with the case is expected in the coming weeks.

PCHR affirm that Israel is responsible for investigating these serious allegations, which amount to war crimes and grave breaches of the Geneva Conventions. The military commanders and political leadership bear direct responsibility for ordering the operations, and supervising the military’s conduct in executing them.

For further information, please refer to Adalah’s news update, available at: http://www.adalah.org.