(Communicated by the Prime Minister's Media Adviser)
Dr. Joseph Ciechanover, yesterday (Sunday, 20 September 2015), presented to Prime Minister Benjamin Netanyahu the report of the Team for the Review and Implementation of the Second Report of the Public Commission for the Examination of the Maritime Incident of May 31st 2010 (the Turkel Commission) Regarding Israel's Mechanisms for Examining and Investigating Complaints and Claims of Violations of the Law of Armed Conflict According to International Law.
It will be recalled that the second part of the Turkel Commission's report evaluated the Israeli mechanism for examining and investigating allegations of violations of the laws of armed conflict. The Commission found that the existing mechanisms in Israel and their methods of operation were, on the whole, in keeping with the State of Israel's obligations according to international law. However, the Turkel Commission believed that there was room for corrections and changes in certain areas. To this end, the team submitted 18 recommendations vis-à-vis Israel's mechanisms for examining and investigating said complaints and claims.
In order to implement these recommendations, in January 2014 the Government of Israel decided to establish a professional team (click here for a list of team members), composed of senior representatives of the relevant bodies, to thoroughly study the report, evaluate the need to make adaptations and improvements in various fields and propose concrete ways to act accordingly.
Prime Minister Netanyahu said, "The team did its serious work, which was of great importance. We are a nation of laws; therefore, the army and the security forces act in the framework of the law."
Dr. Ciechanover said, "The State of Israel has a deep moral and legal commitment to examine claims of violations of the law during military operations. This commitment stems, first and foremost, from our being a democratic society in which the rule of law is a cornerstone. We will continue to ensure that actions are taken in accordance with the law."
During the work of the team, several of its recommendations have either already been implemented or are in the stages of being implemented. For example:
* Two draft memoranda for new laws are in advanced preparation at the Justice Ministry;
* A permanent IDF General Staff inquiry mechanism has been established in order to assist the IDF Advocate General in gathering factual information necessary for deciding whether or not to open a criminal investigation;
* A draft version of a new IDF Chief Prosecutor directive on setting timetables for deciding on whether or not to open a criminal investigation and dealing with complaint files has been formulated;
* The Attorney General has issued two new guidelines;
* It was decided to implement changes in the process of appointing the IDF Chief Prosecutor and IDF Advocate General; and
* Work has begun on two new military police units that will specialize in investigating operational matters, and a new Justice Ministry unit that will specialize in laws of armed conflict under international law.
The establishment of the team and its work, alongside the willingness of the relevant bodies to study the issue and improve the existing situation reflects the State of Israel's deep commitment to international law and to the investigation of claims regarding violations of the law. In parallel with the presentation of the report, all relevant authorities are continuing to work on implementing its recommendations. However the team believes a significant part of this important process has already been completed.