IMRA
06 April '11
So you are serving in the IDF, maybe doing reserve duty, and you find yourself in a situation that Palestinians are knifing you or another Israeli or throwing firebombs, rocks and rebar at you or other Israelis.
The knifers/throwers are part of a larger group of Palestinians and within gunshot range there may be other Palestinians who could conceivably be hit by a stray bullet.
What do you do?
Are the above "an activity with clear elements of combat (e.g. fire exchange)"?
Who are "uninvolved Palestinians?"
And under the new rules you will automatically face a criminal investigation if an "uninvolved Palestinian" gets killed.
Yes. As many of us tell our sons: we would rather mortgage our homes to hire a good lawyer than visit your grave.
The IDF might provide legal council from the ranks of the IDF but with so much on the line you will seriously consider a private attorney.
Is it fair that those serving in the IDF and their families will have to bear the financial exposure of the new policy?
A suggestion: how about a low cost legal defense insurance policy?
[While on the subject of insurance - there is a fantastic health insurance policy available through Bituach Yashir and others that is perfect for those with children serving in the IDF. It provides for a doctor's visit anywhere in the country 24/7 with only an NIS 20 deductible. So if your child comes home on leave and feels sick you don't have to pay a small fortune for a private doctor (they aren't covered by the regular health programs while serving) or drag them to spend hours at one of the IDF arranged centers.]
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IDF Military Advocate General Implements New Investigation Policy in West Bank
Posted on April 6, 2011 by Israel Defense Forces
http://idfspokesperson.com/2011/04/06/idf-military-advocate-general-implements-new-investigation-policy-in-west-bank/
Today (Wednesday), the Israeli Supreme Court was notified by the State of changes to the investigation policy regarding incidents of Palestinian casualties due to IDF fire in the West Bank region. The IDF Military Advocate General, Maj. Gen. Avichai Mandelblit, decided to change the policy which had been in place since the year 2000.
According to the previous policy, initiating an investigation with the Criminal Investigations Division of the IDF Military Police Corps was determined by a fact- gathering inquiry, conducted in the field.
The new policy requires that every case in which uninvolved Palestinians are killed by IDF fire be investigated immediately by the Criminal Investigation Division. This will apply unless it occurred during an activity with clear elements of combat (e.g. fire exchange).
The IDF Military Advocacy discussed this policy change over recent months with IDF Chief of the General Staff, Lt. Gen. Benny Gantz, retired IDF Chief of the General Staff, Lt. Gen. Gabi Ashkenazi, GOC Central Command, Maj. Gen. Avi Mizrahi and commanders of the Judea and Samaria Division.
During discussions, it became apparent that due to the efforts of the IDF, the ISA and other security forces, the extent of IDF activity in the West Bank that entails clear elements of combat has been reduced.
The Military Advocate General’s decision, made in coordination with the Attorney General of Israel, reflects the changes in IDF activity in the region, and therefore does not apply to incidents which occurred in the Gaza Strip, where IDF activity entails clear elements of combat.
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