Court: Iman al-Hams death may have been prevented

[Scurrilous]

High Court of Justice instructs military police and prosecution to probe whether ‘open fire’ order was given illegally at Girit outpost in Gaza when 13-year-old Palestinian girl was killed by IDF gunfire two years ago

http://www.ynetnews.com/articles/0,7340,L-3349472,00.html

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"A verdict handed down by the High Court of Justice and released for publication Sunday instructs military police to open a criminal investigation into the circumstances of the death of Iman al-Hams, the 13-year-old Palestinian girl who was killed two years ago by IDF gunfire at the Girit military outpost in Gaza.

Following her death and reports that soldiers involved "confirmed the kill", Captain R. was arrested, but was cleared of responsibility for her death by the courts.

The al-Hams family demanded an investigation into the killing be launched, to determine whether the command to open fire was given illegally, and the High Court acquiesced to the request.

“My heart is plagued by the tough feeling the al-Hams’ death could have been prevented, if all elements involved had acted as necessary,” wrote Supreme Court Justice Edmond Levi in the verdict."



IDF soldiers say ordered to 'shoot to kill' at Gaza post where Palestinian girl died

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"Soldiers and officers at the Girit outpost in the Gaza Strip, where a 13-year-old Palestinian girl was killed two years ago, claim to have received orders that at night, they were always to shoot to kill - even though this violated the official rules of engagement in Gaza, according to a High Court of Justice ruling that ordered the army to open an investigation into this issue.

The decision, issued in response to a petition by the family of Iman al-Hams, killed in October 2004, was handed down a month ago. However, the court published the reasons for its decision only Sunday.

In their ruling, Justices Edmond Levy, Aharon Barak and Salim Joubran noted that the army's official rules of engagement, even in the "special security zones" that surrounded every army outpost, required soldiers to "refrain from harming innocents, with special emphasis on refraining from harming women and children."

The rules also stressed that the "a person's mere presence within this security zone does not testify to his being dangerous." Finally, they required commanders to give their soldiers clear and detailed information about the rules of engagement, "using explanations and examples," and to "ensure, via checks, that these instructions are clear to and understood by all the soldiers."

Nevertheless, during the trial of Captain R. - who was charged with "confirming the kill" of al-Hams but acquitted after key prosecution witnesses admitted to having lied to investigators - several soldiers and officers told the military court that they had received completely different orders. Lieutenant Colonel Ofer, for instance, said bluntly: "At night, it was 'shoot to kill.'"

http://www.haaretz.com/hasen/spages/810455.html



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