Thursday, April 5, 2018

Protective Edge investigation under the microscope

Hebrew University's Prof. Yuval Shany has this post on Lawfare concerning a report by Israel's powerful State Comptroller regarding the investigation conducted following the IDF's 2014 Operation Protective Edge. He writes:
In a world in which the International Criminal Court is currently examining whether to launch an investigation into alleged war crimes committed by the IDF during Operation Protective Edge, the flawed functioning of the IDF’s internal investigation mechanisms could have dramatic legal implications. Such flaws could harm Israel's ability to invoke the principle of complementarity under the Rome Statute, which is premised on claims that the relevant case is examined by the domestic legal system in a credible and effective manner. These factors only strengthen the need for the MAG and the other military authorities to act without delay to complete all the outstanding Operation Protective Edge examinations and investigations and expeditiously reach decisions on all outstanding cases, including those of Rafah and Shuja'iyya.

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