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Occupation magazine - Activism Home page  back Print  Send To friend Following Gush Shalom`s appeal Israeli court gives Tirkel committee OK to question soldiers Ma`an News Agency July 13, 2010 http://www.maannews.net/eng/ViewDetails.aspx?ID=298997 Dan Izenberg & Jerusalem Post staff Jerusalem Post, July 12, 2010 http://www.jpost.com/Israel/Article.aspx?id=181174 Gush Shalom press release July 12, 2010 http://zope.gush-shalom.org/home/en/events/1279017831 1) Ma`an: Israeli court gives Tirkel committee OK to question soldiers Bethlehem - Ma`an - Rights groups recorded a second victory in pursuit of a credible investigation of the Israeli attack on the Freedom Flotilla, winning a court order enabling the Tirkel Committee to investigate military personnel. On Monday, the same day an internal Israeli military team found little fault with operations on 31 May that ultimately killed nine civilians aboard a Gaza-bound ship, the country`s High Court of Justice ruled in favor of a petition filed by Israeli peace group Gush Shalom, requesting extended powers for the committee charged with a civil investigation of the attack. The result was a compromise, however, as the initial petition sought to dismantle the committee, calling it ill-equipped to investigate the attack. In late June, however, head of the committee Judge Ya`akov Tirkel threatened to resign unless the government agreed to widen the scope of his inquiry. On 30 June, Israeli Prime Minister Benjamin Netanyahu agreed to the expanded mandate, and the Israeli court postponed the hearing on the petition, given the changed mandate of the committee. The Gush Shalom petitioners said they reached a compromise with state prosecutors, with the decision mandating the issue back to court if Israel refuses permission to question military staff. Gush Shalom founder Uri Avnery called the decision a `big victory. We managed to stop the dangerous attempt to turn the army into an enclave, immune to outside critisicm.` A statement from the peace group said Justice Naor, who heard the petition, reasoned that `from the moment that the government decided to turn the Tirkel Committee into a State Commission of Inquiry, this commission cannot be prevented ... from summoning anyone whose testimony is deemed necessary to the issues under inquiry - be they civilians or military personnel.` `For the first time, it was established that the High Court of Justice can interfere with government decisions regarding Inquiry committees. Until today, the court avoided doing that. Also, the dangerous attempt to turn the army into an enclave, immune to outside criticism, was blocked,` Averny commented in a statement. 2) Dan Izenberg - Jerusalem Post: Court hints at more Turkel power `If c`tee needs to probe soldiers, we`ll discuss broader authority.` The state and the Gush Shalom movement signed a compromise on Monday, agreeing to the High Court’s suggestion to put off hearing Gush Shalom’s petition demanding that the Turkel Commission of Inquiry into the May 31 flotilla seizure be allowed to question soldiers and security officials. According to the decision, the petition will only be heard if the commission asks for the right to question soldiers and security officers “and the request is denied.” In its original petition, Gush Shalom called on the court to disband the commission, saying it lacked the necessary powers to properly investigate the failures involved in the flotilla operation. After the government broadened the powers of the commission on July 4, the petitioners still demanded that it should be empowered to question soldiers and security personnel. The cabinet decision to expand the commission’s prerogatives essentially turned it into a government-appointed committee of examination in accordance with Article 8a of the Government Law. The decision gave the commission the power to subpoena witnesses, order them to make available relevant documents and have them testify under oath. At the same time, however, the decision made clear that it could not question any soldier or security officer other than Chief of General Staff Lt.-Gen. Gabi Ashkenazi. At the beginning of Monday’s hearing, Justice Miriam Naor acknowledged the petitioner’s argument that there was a problem “in establishing a commission like this and restricting its powers.” Nevertheless, she continued, the problem might be hypothetical should the commission decide that it does not need to question soldiers in order to fulfill its mandate. According to the cabinet decision, the commission was charged with examining the security circumstances leading to the imposition of the Israeli sea blockade on the Gaza Strip, the conformity of the blockade with the rules of international law, the legality of the flotilla seizure and the actions taken by the flotilla organizers. 3) Gush Shalom: Following Gush Shalom`s appeal, Supreme Court opens way for Tirkel Committee to summon military personnel In a compromise reached between the petitioners from Gush Shalom and the State prosecutors, based on the suggestion of Judge Naor, it was agreed that if the Tirkel Committee will ask to investigate military officers, and the Government will not enable it, the issue will go back to court. The compromise was given the status of a court decision. The words of Justice Naor, speaking also on behalf of her colleagues Hayut and Hendel, clearly implied the Court`s opinion that, from the moment that the government decided to turn the Tirkel Committee into a State Commission of Inquiry, this commission cannot be prevented from summoning anyone whose testimony is deemed necessary to the issues under inquiry - be they civilians or military. Uri Avnery, one of the signatories of the petition, said he sees the decision as a big victory. `For the first time, it was established that the High Court of Justice can interfere with government decisions regarding commissions of inquiry. Until today, the court avoided doing that. Also, the dangerous attempt to turn the army into an enclave, immune to outside criticism, was blocked`. Gaby Lasky, the lawyer who prepared the petition, said that `the subject the committee is supposed to investigate, that is, whether taking control of the Flotilla to Gaza was done according to the International Law, cannot be investigated at all without summoning military staff. The committee must inquire what was the intelligence available to the army when planning the operation, what was the knowledge regarding the presence of civilians on board the ships, and what were the instructions given to the soldiers regarding the way to treat those civilians. These things must be investigated in order to examine whether the operation was carried out in accordance with the demands of the Rome Statute, which defines the international criminal law pertaining to war crimes, and other statutes of the international law regarding marine affairs. To achieve these goals, the committee must summon the Commander of the Israel Navy, the naval intelligence officers and the commanders of the operation`. Avnery said that `in light of the High Court`s decision, the government will probably have no choice but to allow the committee to summon officers to testify. If they will not allow that, the issue will go back to courts, and considering the judges very clear position on the issue, they will undoubtedly force the government to do so`. Contact: Uri Avnery 0505-306440 Adam Keller 054-2340749 bz Links to the latest articles in this section Refusing the war! Demonstration today, Thur. Apris 24, at 7.30 pm, Habima Square, Tel Aviv Refusing the war! Demonstration today, Thur. Apris 24, at 7.30 pm, Habima Square, Tel Aviv Saturday night protests: No to Netanyahu`s war!