THE GOLDSTONE REPORT AND ISRAELI INVESTIGATIONS

C O N F I D E N T I A L TEL AVIV 002028 SIPDIS E.O. 12958: DECL: 09/13/2019 TAGS: PREL PHUM IS SUBJECT: THE GOLDSTONE REPORT AND ISRAELI INVESTIGATIONS STEMMING FROM OPERATION CAST LEAD Classified By: Deputy Chief of Mission Luis Moreno, Reasons 1.4 (b)(d) ¶1. (C) Summary: Israel has undertaken investigations of approximately 100 complaints it received concerning the activities of the IDF during Operation Cast Lead. The GOI has published a REPORT called The Operation in Gaza: Factual and Legal Aspects, which details the context in which the war was launched and conducted. MFA Principal Deputy Legal Adviser Daniel Taub told us today that there are five command investigations currently underway covering about 20 specific incidents, with another 80 incidents of concern currently under review. To date, one soldier has been convicted and imprisoned for theft of a credit card belonging to a Gaza resident. 23 of the approximately 100 complaints have led to the opening of criminal investigations, and, according to Taub, there are likely to be more. End Summary. ¶2. (C) Deputy PolCouns spoke to MFA Principal Deputy Legal Adviser Daniel Taub September 14 to discuss the imminent release of the Goldstone REPORT and seek more detail on Israel's own investigations into IDF conduct during Operation Cast Lead. Since the end of the operation, Israel has launched five separate command investigations on: incidents affecting UN facilities; incidents in which medical staff were injured or medical facilities were damaged; incidents in which large numbers of civilians were injured or killed; incidents involving the use of white phosphorus and; incidents in which infrastructure or property was damaged. Together, these five command investigations cover some 20 specific incidents. Each of these investigations is being managed by a separate IDF legal adviser. In order to ensure thorough review, the results of each of these investigations would be reviewed by the Military Advocate General, and all will also be referred to the Attorney General. ¶3. (C) In addition to the five command investigations, there are an additional 80 incidents of concern that the IDF is investigating. Some of these are the result of complaints made directly to the IDF; others were made public by B'tselem or other human rights organizations. These additional cases fall into three basic categories: allegations of IDF mistreatment of detainees; IDF use of civilians as human shields and; the injuring of civilians bearing white flags. In total, of the 100 on-going investigations, 23 have led to the opening of criminal investigations, and there are likely to be more. One relatively minor case so far has already led to a conviction - that of a soldier who stole a credit card from a home in Gaza. According to Taub, he was convicted and Taub believes he is currently serving a prison term. ¶4. (C) Taub reiterated the Israeli concern that with credible investigations on-going in Israel, any recommendation from the Goldstone REPORT of a referral of alleged Israeli war crimes out of Geneva would be inappropriate. He discussed this matter with High Commissioner for Human Rights Pillay last week, and told us that he reminded her about her April 2009 speech on Rwanda in which she urged that redress for alleged war crimes be handled locally if at all possible, and that "international tribunals are and should be regarded as mechanisms of last resort." Taub told Deputy PolCouns that Pillay seemed embarrrassed to be reminded of her statement, and concluded by suggesting that everyone wait to see what the Goldstone report says before speaking out on the question of relevant jurisdiction. Taub said in spite of his vociferous disagreement and urging that she reiterate the same point now, before the release of the Goldstone report, it was clear that she intended to remain silent. ********************************************* ******************** Visit Embassy Tel Aviv's Classified Website: http://www.state.sgov.gov/p/nea/telaviv ********************************************* ******************** CUNNINGHAM