Military Police reinvestigates footage it received 7 years ago, shortly after shooting incident

13 July 2015

On 10 March 2015, Major Harel Weinberg – Deputy Military Advocate for Operational Matters –informed B’Tselem that investigation concerning the injury of Eran Cohen would be renewed. Cohen had been hit by a rubber-coated metal bullet seven years earlier, on 14 March 2008, when he was shot at a demonstration in the West Bank village of Bil’in against the Separation Barrier being built on village land. Major Weinberg said that a decision had been made to “carry out several technical actions to re-examine the video footage in the case file, in order to examine the possibility of extracting additional evidence that would enable furthering proceedings in the case.” He added that the investigators of the Military Police Investigations Unit (MPIU) had been directed to complete these actions as quickly as possible. This, among other reasons, because of the long time that has elapsed since the incident.

Weinberg’s letter was sent in response to B’Tselem’s appeal of the decision to close the case file. In the appeal, filed on 3 March 2013 by Att. Gaby Lasky, B’Tselem argued that the investigative material in the file, including the two videos filmed during the demonstration and conveyed by B’Tselem to the investigators about a month after the incident, provides incontrovertible evidence that the officer fired a rubber-coated metal bullet at Cohen at close range, in complete violation of open-fire regulations, injuring him in the leg. Hence, the decision to close the file is patently unsound and should be reversed.

Footage of the incident filmed by Li Lorian

Footage of the incident filmed by ‘Imad Burnat

Major Weinberg’s response is puzzling. If further evidence can indeed be gleaned from the footage, why was this not done in the course of the lengthy MPIU investigation? It is also not clear why the MAG Corps took two years to reach this decision. Given these unreasonable delays, Major Weinberg’s instructions to the MPIU to act “as quickly as possible” rings hollow.

The MAG Corps’ foot-dragging in this case is not unusual. However, it is particularly glaring in this case, with its indisputable evidence of the unlawful firing of rubber-coated metal bullets. Even if the MAG eventually decides to indict any of the persons involved, the military’s handling of this case precludes any possibility that the law enforcement system will deter security forces operating in the West Bank from similar action. This policy of the MAG Corps therefore compromises the basic safety and lives of civilians.

Background on the incident and the appeal

On 14 March 2008, during a demonstration against construction of the Separation Barrier on Bil’in village land, an officer fired a rubber-coated metal bullet at close range at Eran Cohen, an 18-year-old Israeli demonstrator. Cohen was evacuated by his companions to Assaf Harofeh Medical Center in Israel, where he underwent surgery to have the slug removed from his thigh.

The incident was captured on video by two photographers, an Israeli and a Palestinian. The footage clearly shows that Cohen did nothing that could endanger the troops. It is also clear from the footage that, when the officer fired, he was no more than a few meters from the demonstrator. Military regulations prohibit firing rubber-coated bullets at a distance of under fifty meters, because they can be lethal when fired at less than that distance.

In response to a query by B’Tselem, the MAG Corps announced on 1 May 2008 that the MPIU had opened a criminal investigation into the circumstances of the shooting. On 1 January 2012, B’Tselem was informed that the investigation had been closed. On 3 March 2013, further to a protracted correspondence with the MAG Corps to receive the full investigative file and to learn the grounds for closing the case, Att. Gaby Lasky filed an appeal of the decision on behalf of B’Tselem. The appeal was filed without the MAG Corps having provided B’Tselem with its reasons for closing the case, arguing that it was not obliged to do so.

In the appeal, Att. Lasky argued that the investigative material in the file – including the two videos – confirmed the shooting officer’s identity and proved that he acted against regulations when he fired. She therefore demanded that he be indicted. Moreover, Att. Lasky noted that the investigation did not examine the broader issues and implications of the case, including the following: The investigative material made no mention of the question of permission having been granted for firing rubber-coated metal bullets or the necessity for firing such bullets at that particular demonstration; of the training of security forces and their knowledge of open-fire regulations; or even of the fact that, contrary to regulations, the injured youth, Eran Cohen, was given no medical aid,.

B’Tselem has cautioned repeatedly that security forces personnel often use rubber-coated metal bullets in contravention of regulations. Since 2000, 23 Palestinians, including 13 minors, have been killed by this type of ammunition. Given the risks of rubber-coated metal bullets, and pursuant to a recommendation by the Orr Commission, us of this ammunition was prohibited within Israel. In the Occupied Territories, however, they are still in use by the security forces.

In response to a letter from B’Tselem dated 31 August 2008 to then Attorney General Menachem (Meni) Mazuz, demanding enforcement of open-fire regulations regarding rubber-coated metal bullets and full accountability in cases in which security forces violate those orders, Deputy State Attorney (special assignments) Shai Nitzan replied on 29 February 2012:

We have been advised that the IDF overall, and the MAG Corps in particular, view any deviation from the open-fire regulations with utmost seriousness. Hence, any complaint submitted to the MAG Corps suggesting that IDF soldiers used rubber bullets other than in accordance with the open-fire orders, including when dealing with disturbances of the peace, is carefully and seriously investigated. We have been advised that, in appropriate cases, the MAG Corps orders an MPIU investigation, and when evidence is found that a violation has occurred – the MAG Corps takes action to bring to justice those responsible.

Yet the MAG Corps’ decision in the present case illustrates only too well that actions speak louder than words. B’Tselem and the Association for Civil Rights in Israel sent a further letter on this matter to then Deputy State Attorney (special assignments) Shai Nitzan on 28 July 2013 – almost two years ago – but no response has been received to date.

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Open-Fire Policy

Soldiers unjustifiably shoot “Two-Two” bullets at Palestinian and injure him at Bil’in protest

On Friday, 1 April 2022, at around 1:30 P.M., a procession left the village of Bil'in, west of Ramallah, to mark Land Day, which took place two days earlier. The 150 or so participants, Palestinians and Israeli and international activists, marched about a kilometer and stopped around 100 meters from the Separation Barrier. The protesters waved flags and chanted slogans against the occupation. At least three soldiers were standing on the other side of the barrier, on an elevated, armored military post up against the fence. About 10 minutes later, some 10 young Palestinians, including ‘Ahed Tamimi (21) and her cousin Ousamah Tamimi (26), went towards the barrier and stopped about two meters away. The Palestinians swore at the soldiers, and some of them threw stones at them and at the barrier. The soldiers in the post fired tear gas canisters and hurled stun grenades at them. A military jeep drove out through a gate in the barrier, and soldiers sitting in it fired dozens of tear gas canisters. To escape the clouds of gas, ‘Ahed Tamimi entered the patrol road that runs parallel to the barrier, which was about 10 meters away from the barrier. After the soldiers fired a 0.22-inch caliber bullet (“Two-Two”), her cousin Ousamah ran towards her. At that point, one of the soldiers in the post fired two more “Two-Two” bullets, hitting Ousamah in the foot and arm. Paramedics who were waiting nearby gave him first aid, and he was driven in a private car to a Red Crescent ambulance that took him to the Palestine Medical Complex in Ramallah. The doctors found that both bullets had entered and exited his body. He was treated and discharged after a few hours. The shooting reflects Israel's open-fire policy in the Occupied Territories of using live ammunition – including 0.22-inch bullets – not only as a last resort, and not only for lack of choice and when soldiers are in mortal danger. Instead, security forces shoot protesters even when they are not endangering anyone's life. This unlawful policy, which is based on blatant disregard for Palestinians' lives, bodies and wellbeing, is fully backed by the government and by senior military officials. It follows that in this case, too, no one will be held accountable. In a testimony she gave B'Tselem field researcher Iyad Hadad on 1 April 2022, ‘Ahed Tamimi (21), a resident of a-Nabi Saleh, described the shooting during the protest: We got to the area of the Separation Barrier at 2:00 P.M. and saw the soldiers already waiting for us behind the barrier. I saw three soldiers standing in the armored post by the fence. Two had tear-gas and “rubber-bullet” launchers, and between them stood a sniper with a “Two-Two” rifle (Ruger). About 10 minutes after we got there, I went with a group of about 10 protesters up to two meters from the barrier, to provoke the soldiers. Some of the guys threw stones. I heard one of the soldiers call my name. I don't know how he recognized me. He said, "Tamimi, go away." The guys shouted and swore at the soldiers, and the soldiers threw some stun grenades to scare them and drive them away. Then they fired some more stun grenades, which landed far from us. We moved away because of the smell of the gas. Just then, a military jeep drove in through a gate in the barrier, and the soldiers in it fired a massive burst of tear gas canisters, dozens all at once. The gas spread over a large area and reached the crowd of protesters, who were more than 100 meters away from the barrier. I tried to get away from the gas and went along the dirt road the runs along the barrier. I was about 10 meters away from the soldiers when suddenly, the sniper fired a “Two-Two” bullet. I panicked and didn't know what to do. The guys and the journalists shouted at me, "Run away, run away, he's shooting at you." My cousin, Ousamah Tamimi, ran over to me and tried to get me out of the line of fire. While we were both trying to get away, the shooting of the “Two-Twos” resumed. I heard several shots. It's hard to tell exactly how many because “Two-Two” shots are muffled. One of the bullets hit Ousamah in the foot and he fell down. Then another bullet hit him in the right arm. He got up quickly and we both tried to run away. We ran for about 30 meters, and then Ousamah fell and couldn't get up. Some paramedics came over and gave him first aid, and then he was driven in a civilian car to hospital in Ramallah. After the shooting, the demonstration ended and everyone left. Later on, we went to see Ousamah in hospital. It turned his injuries didn't require hospitalization. The bullets that hit him went in and out. He was treated and discharged. God spared him, and he was saved by a miracle. I'm still in shock over what happened. In a testimony he gave B'Tselem field researcher Iyad Hadad on 3 April 2022, Ousamah Tamimi (26), a resident of a-Nabi Saleh, described being shot: The march reached its destination at around 2:00 P.M., and all the protesters stopped about 100 meters away from the barrier. Some officials made speeches against the occupation and the settlements. Three soldiers were standing in an armored post on the other side of the barrier, aiming rifles at the protesters. About 10 minutes after the speeches began, I was in a group of about 10 young guys who went towards the barrier. Some of us swore and shouted at the soldiers to provoke them. The soldiers fired tear gas canisters and threw stun grenades to disperse us. Some of the guys threw stones at the soldiers, who were in the armored post, and then they fired some tear gas canisters at us, so we moved away a bit. When the tear gas cleared again, we went towards the barrier, and then the soldiers threw a lot of tear gas canisters. Some of the guys backed off and ran away because of the gas. I ran with four other guys towards the barrier, because the wind was blowing the gas away from it. We were right up against the barrier because we thought the soldiers couldn't shoot at us at that angle. I saw my cousin ‘Ahed standing on the dirt road that runs along the fence. I heard one “Two-Two” shot and then I saw ‘Ahed running away. I ran over to her because I thought she'd been hit. She was about five meters away from me. When I got to her, she said she wasn't hurt. We tried to get out of the soldiers' firing range and the dirt road together, because we thought they were aiming at us. The soldiers were 20 meters away from us, at most. Suddenly, I felt a “Two-Two” fired by one of the soldiers hit me in the left heel. I tripped and fell. Meanwhile, the soldiers fired another “Two-Two” bullet that entered my right arm from behind and came out of the front. I got up and tried to run a few dozen meters, but fell again. A crew of paramedics ran over to me and gave me first aid. They bandaged my wounds, and someone took me to a private car that was waiting nearby and drove me towards Ramallah. On the way, near Bitunya, I was transferred to an ambulance that took me to the Palestine Medical Complex in Ramallah. I was put in the ER, examined and X-rayed. I was also given an IV and painkillers. The X-rays showed that the two bullets didn't cause any fractures and had gone in and out and didn't stay in my body. I was released two hours later for further rest at home.

29 May 2022

No Accountability

2021 was the deadliest year since 2014, Israel killed 319 Palestinians in oPt; house demolitions: 5-year record, 895 Palestinians lost their homes

Unwilling and Unable Israel’s Whitewashed Investigations of the Great March of Return Protests In a joint report published today, the Palestinian Centre for Human rights (PCHR) and B’Tselem analyze the investigations Israel claims to have conducted following the Great March of Return protests, which were held for about a year and a half in the Gaza Strip as of March 2018. The report shows how Israel worked to whitewash the truth and protect the political and military officials responsible – instead of taking action against the individuals who devised and implemented the unlawful open-fire policy, which resulted in the killing of more than 200 Palestinians and the injury of some 8,000 others. Israel was quick to announce it is investigating the protests, primarily due to the proceedings underway at the International Criminal Court in the Hague. The reason for the announcement lies with one of the ICC’s guiding principles – the principle of complementarity, which means the Court will assert jurisdiction only when the state in question is “unwilling or unable” to carry out its own investigation. Once a state has investigated the incidents, the Court will not intervene. However, declaring an investigation is underway is not enough to stave off intervention by the ICC. The investigation must be effective, be directed at the higher-ranking officials responsible for devising and implementing the policy, and lead to action against them. Israel’s investigations in relation to the Gaza protests do not meet these requirements. They consist entirely of the military investigating itself and have not examined the unlawful open-fire policy regulations handed down to security forces or the policies implemented during the protests. Instead, they focus exclusively on lower-ranking soldiers and on the question of whether they acted contrary to these illegal orders. Moreover, while the protests were taking place, Israel’s Supreme Court heard petitions contesting the legality of the open-fire policy. The justices dismissed the petitions and allowed the military to continue employing this policy. However, it did not uphold the regulations being implemented in the field – as these were never presented to the Court. The Court only approved the regulations that the state claimed the military was following, ignoring the glaring disparity between the state’s claims and reality on the ground. By the time the petitions were heard, dozens of protesters had been killed and almost 2,000 injured. The military law enforcement system has fallen short of fulfilling even the limited role assigned to it – investigating “exceptional incidents” only. The military arbitrarily decided to investigate only cases in which security forces had killed Palestinians, providing no explanation for this decision. The thousands of incidents in which Palestinians were injured – some so gravely they were left paralyzed or had to undergo amputations – were left uninvestigated. The number of people wounded in these protests is almost unfathomable: a total of 13,457 Palestinians, 8,079 of them wounded by live fire, 2,424 by rubber-coated metal bullets, and 2,954 by tear gas canisters that hit them directly. Of the wounded, 155 suffered injuries resulting in amputation. None of these injuries is being investigated. According to figures the IDF Spokesperson supplied B’Tselem, as of 25 April 2021, the General Staff Mechanism for Fact-Finding Assessments had received 234 cases in which Palestinians were killed. This figure includes Palestinians who were killed during the period in which the protests were held, but with no connection to them. The Mechanism completed its review in 143 of these cases and transferred them to the Military Advocate General (MAG) Corps. The MAG ordered the Military Police Investigation Unit (MPIU) to investigate 33 of the cases, as well as three other cases not handled by the Mechanism. In four cases, the investigation was closed with no action taken. The MAG opted not to criminally investigate 95 cases in which the Mechanism had completed its review, and closed the files with no further action. All other cases transferred to the MAG are ongoing. Only one MPIU investigation – into the killing of 14-year-old ‘Othman Hiles – resulted in an indictment being filed against a soldier. He was convicted in a plea bargain of the minor disciplinary offense of “abuse of authority to the point of endangering life or health” and sentenced to one month’s military community service. Government-level officials, the Attorney General, the Supreme Court judges, the MAG and other senior military officials are responsible for devising the unlawful open-fire policy and for its implementation. They are the ones who should be investigated and held accountable for its lethal outcomes. The investigations conducted by Israel are no more than a smokescreen designed – according to Israel – to protect the officials responsible from the ICC. In fact, they prove the opposite: that Israel is unwilling and unable to investigate the human rights abuses carried out by its security forces during the Great March of Return protests in the Gaza Strip. Considering this, the responsibility to ensure accountability for these violations now lies with the ICC.

2 December 2021

No Accountability

Unwilling and Unable

A joint report by the Palestinian Centre for Human rights (PCHR) and B’Tselem which analyzes the investigations Israel claims to have conducted following the Great March of Return protests, which were held for about a year and a half in the Gaza Strip as of March 2018. The report shows how Israel worked to whitewash the truth and protect the political and military officials responsible – instead of taking action against the individuals who devised and implemented the unlawful open-fire policy, which resulted in the killing of more than 200 Palestinians and the injury of some 8,000 others.

2 December 2021