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WAR REPORT
Israel army mulls charging soldier over Gaza war killings

by Staff Writers
Jerusalem (AFP) June 16, 2010
The Israeli military is considering bringing charges against a soldier suspected of shooting dead two women who were waving white flags during the Gaza war, the army said on Wednesday.

If charges are filed, it would be the first prosecution of an Israeli soldier for killing civilians during the 22-day war, which was launched in December 2008 and killed around 1,400 Palestinians and 13 Israelis.

Israeli human rights group B'tselem, which first reported the killings, said the soldier is believed to have opened fire without provocation on a group of some 30 civilians, killing Riyeh Abu Hajaj, 64, and her daughter Majda Abu Hajaj, 37, from the Juher a-Dik neighbourhood in Gaza City.

The army confirmed that the military police had completed an investigation into the incident and said the case had been transferred to the office of the military advocate general "for its consideration."

"A decision about the continuation of the legal proceedings will be taken upon the conclusion of that process," a statement said.

Media said the army's top prosecutor, Chief Military Advocate General Avichai Mandelblit, will preside over the unidentified soldier's hearing on June 22 to determine what charges he might face.

According to the website of the Haaretz daily, the phrasing of the summons, which includes the word "killing," leaves open the possibility of a manslaughter charge, or a lesser charge of negligence.

But the army refused to confirm any details about the case, saying "since no decision has yet been taken, we cannot provide additional information at the present time."

B'tselem said the incident occurred on January 4, 2009 when the Abu Hajaj family evacuated their home after it was hit by a tank shell.

"When they saw tanks about 150 meters from them, two of them waved the (white) flags, and the children in the group sat on the ground," B'tselem said.

"Suddenly, and without warning, shots were fired at the residents, killing Majda Abu Hajaj on the spot. Her mother, Riyeh Abu Hajaj, was severely wounded by the gunfire," it said. She later died of her wounds.

B'tselem said it had helped the military police in getting witness statements and had provided the army with "medical documents and death certificates, along with documents confirming that the house of the family had been partially destroyed during Operation Cast Lead."

According to Haaretz, the soldier told investigators he had fired at the women's legs only when he believed the troops' lives were at risk and had not intended to kill them.

A UN report heaped condemnation on Israel for the high number of civilian deaths during the operation, which was launched in a bid to stop the almost-daily barrage of rocket fire across the border. It also accused Gaza's Hamas rulers of committing war crimes during the fighting.

The Palestinian Centre for Human Rights said 1,417 Palestinians were killed in the operation, of which 926 were civilians -- including 313 children and 116 women.

The Israeli military says 295 Palestinian civilians were killed during Operation Cast Lead, of which 89 were under 16, and 49 were women.

It says the high number of civilian casualties was unavoidable as Hamas fighters deployed in crowded civilian areas and used women and children as human shields.



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