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IDF’s top lawyer reiterates commitment to thorough Gaza investigations
The IDF Military Advocate, Maj Gen Danny Efroni said yesterday that the military’s own robust investigations into Operation Protective Edge should preclude the need for the International Criminal Court (ICC) to launch its own probe.
In December, the Palestinian Authority (PA) successfully applied for membership of the ICC, in a move condemned by both Israel and the United States as a unilateral action undermining the bilateral negotiations crucial to any agreed peace accord. At the PA’s request, the ICC by convention accepted jurisdiction over activities in Palestinian territories including the Gaza Strip since 13 June 2014. Even a preliminary ICC investigation could take years. In addition, in order for any charges to be brought, the ICC prosecutor will need to decide on a number of factors, including whether the country of those accused has carried out a sufficient investigation of the alleged crimes.
Efroni yesterday said that, “Our agenda is not set by the ICC, we examine and investigate what should be investigated. We are a state that is willing and able to investigate and indict anyone that does something wrong.” So far, Efroni’s legal division has opened 15 criminal investigations into incidents which took place during the summer conflict and has heard testimony from 17 Gazans. Two probes have been closed as the Palestinians who filed complaints were not willing to testify.
Speaking to journalists at a legal conference near Tel Aviv, Efroni further commented that the IDF’s investigative process exists independently and unconnected to the prospect of an ICC probe, saying “When we decide to launch a criminal investigation, it’s a full and thorough criminal investigation – it’s not just to counteract the ICC – never.” However, Efroni said that the professionalism of the IDF legal efforts means that the ICC should have no need to launch its own investigation. He said, “It should be enough with our quality and professionalism, and if it meets our professional standards then it should meet that of any others.”