The Israeli airstrikes on a three-vehicle convoy carrying World Central Kitchen workers would be examined by an “independent body,” said Lt. Gen. Herzi Halevi, chief of staff for the Israel Defense Forces. “It shouldn’t have happened.”
In all likelihood, U.S. officials say, that “independent body” will be an Israeli organization known as the Military Advocate General, or MAG, the senior lawyers who oversee the conduct of war and other rule-of-law issues for the Israel Defense Forces.
Critics question whether a group with ties to the army can adequately investigate its actions.
The process also points to what human rights advocates say is a long track record of Israel promising to investigate its killings of civilians, but rarely rendering satisfactory results.
And now in a complex and brutal war that has killed more than 33,000 Palestinians, mostly women and children, it is all but certain that many cases will be lost in the ruins of destruction and displacement.
The TV journalist’s death
One case that critics point to as an example of problems with internal Israeli investigations is the death of a well-known and widely admired reporter for Al Jazeera television.
Two years ago, Israeli soldiers fired on a group of Palestinian journalists covering an Israeli raid in the occupied West Bank, killing Palestinian American journalist Shireen abu Akleh.
At first, the Israel Defense Forces blamed Palestinian militants for the killing, but eventually had to acknowledge one of its soldiers fired the deadly shot.
Pressure came from witnesses, colleagues and the U.S. government, which said the Israeli government eventually “cooperated” with a U.S. investigation. But the soldier was never disciplined — because, Israeli officials said, the shooting of Abu Akleh, clad in a vest with the word “PRESS” prominently displayed, was accidental.
“The killing of Shireen Abu Akleh and the failure of the army’s investigative process to hold anyone responsible is not a one-off event,” the Committee to Protect Journalists said at the time.
Similarly, the killings by Israeli forces of other Palestinian Americans, children, the elderly and even, in one case, Israeli hostages seeking to be rescued in Gaza are often chalked up to mistakes that do not merit punishment.
‘A slap on the wrist’
Weeks or months can pass after investigations are announced with no further public information. Cases that end in discipline — much less change in policy — are rare.
“The Israeli military has a horrendous record of investigating itself,” said Kenneth Roth, former executive director of the U.S.-based Human Rights Watch. “Every once in a while, a low-level soldier, for a modest offense … gets a slap on the wrist.”
What Israel does not appear to investigate are its rules of engagement and a seemingly low threshold for the use of deadly force, which leads to the disproportionate death toll among civilians, according to human rights activists as well as military analysts.
The latest case of the workers for the Washington-based World Central Kitchen who were killed after delivering tons of food in the Deir al Balah region is a stark example. Preliminary information indicates the group — six foreign nationals and one Palestinian — traveled in three vehicles bearing World Central Kitchen markings that were picked off, one by one, by Israeli missile-firing drones.
It is unclear what evidence the Israeli officers used to decide to attack the convoy. Military officials have said that the attack was a case of mistaken identification. But in addition to clearly marking its vehicles, the food charity says its security teams were in close contact and coordination with the Israel Defense Forces, a “deconfliction” procedure most aid groups say they follow.
Are there cases that spurred systematic changes?
After an earlier Israel-Gaza war, in 2014, the Israeli military set up a separate “fact-finding” mechanism that would look into reports of abuse and was subject to civilian courts. The Israel Defense Forces said it would investigate events that “resulted in significant and unanticipated civilian harm and events where military activity allegedly resulted in damage to medical or UN facilities.” It is unclear what role, if any, that mechanism is playing now.
In 1999, the Israeli Supreme Court stepped in after pleas from human rights organizations and ruled that torture of Palestinians at the hands of Shin Bet, the country’s domestic security agency, was generally prohibited.
The rights groups included Israel’s B’Tselem, which documented beatings, threats and subjecting prisoners to twisted, painful bodily positions.
But the court left open the possible exception of harsh tactics in the so-called ticking bomb scenario, when it is believed a detainee has information on an imminent terrorist attack.
Amnesty International and other rights groups say that Shin Bet has continued to use the exception, often on specious grounds, and employ torture against hundreds of detained Palestinians.
“The courts are generally hands-off when it comes to military operations,” especially during a dynamic war, Roth said.
What is happening in the World Central Kitchen case?
Numerous governments, including Israel’s close allies, have condemned the killings of the workers. And Prime Minister Benjamin Netanyahu has vowed that it would not happen again.
The charity founded by the U.S.-based Spanish chef José Andrés on Thursday asked the governments of the foreign aid workers killed in the attack to help push for a truly independent investigation.
“We have asked the governments of Australia, Canada, the United States of America, Poland and the United Kingdom to join us in demanding an independent, third-party investigation into these attacks, including whether they were carried out intentionally or otherwise violated international law,” World Central Kitchen said in a statement.
“An independent investigation is the only way to determine the truth of what happened, ensure transparency and accountability for those responsible, and prevent future attacks on humanitarian aid workers.”
The episode prompted unusually harsh criticism from President Biden, who called it “outrageous.”
He demanded a cease-fire in the Gaza Strip and “concrete” steps to better protect civilians and aid workers, some 200 of whom have been killed in nearly six months of war. However, the U.S. has not altered its years-old policy of supplying billions of dollars worth of military equipment to Israel.
What does Israel say?
Senior Israeli officials say their forces are obeying the law, although “mistakes” happen. The MAG lawyers have been a little more candid.
Maj. Gen. Yifat Tomer-Yerushalmi, the head of the MAG corps of lawyers, issued a stark warning to the troops in February.
“We have encountered cases of unacceptable conduct that deviate from IDF values and protocols,” she wrote to commanders in the Gaza war.
“Some incidents go beyond the disciplinary domain, and cross the criminal threshold,” she wrote.
Tomer-Yerushalmi specifically cited the theft or destruction by soldiers of civilian property, soldiers singing Hebrew songs and mocking Palestinians inside a mosque, and the excessive use of force, including against detainees.
Scarcely a week later, Israeli troops fired on desperate crowds trying to pull food off an aid convoy. More than 100 Palestinian civilians were killed in the chaos.
Israeli officials said that many of the dead had been trampled, and that soldiers fired warning shots only when they felt endangered. But some witnesses gave reporters differing accounts and doctors said they had treated mostly gunshot victims. Aid into Gaza has been severely limited and much of the population is at risk of starvation, the United Nations has said.
“Far too many innocent Palestinians have been killed over the course of this conflict, not just today, but over the past nearly five months,” State Department spokesperson Matthew Miller said at the time, while urging Israel to conduct an investigation. Nothing has come of it.
What killings are still awaiting a resolution?
In case after case, Israel’s promises to investigate have rarely satisfied the demands of victims, their families or their governments.
That has continued in the current war, which was triggered by Hamas’ Oct. 7 attack on southern Israel in which some 1,200 people were killed and about 240 taken hostage.
Soon after Oct. 7, journalists reporting in southern Lebanon near the border with Israel were hit by Israeli fire. One Reuters journalist was killed and another critically injured. Reuters contracted a Dutch research organization to analyze the circumstances of the attack, which concluded that it was the work of an Israeli tank crew.
In response, the Israeli military said it was firing on suspected Hezbollah militants active in southern Lebanon and does not target journalists. It was investigating the incident, the Israel Defense Forces said.
In December, three Israeli hostages who had been taken captive by Hamas were attempting to get rescued; they were shirtless and waving a white flag as they approached Israeli soldiers. The soldiers shot them dead. The military investigated and concluded that it was a mistake but that the incident did not merit discipline because there was no malice involved.
In two separate shootings at the beginning of the year, two Palestinian American teenagers were killed in the Israeli-occupied West Bank, where tensions have flared in tandem with the Gaza war. It is unclear whether the shooters were military or Jewish settlers who often operate with the army’s blessing. The U.S. government asked for a serious investigation as both young men were U.S. citizens, but no conclusion has been made public.