State commission probing deadly 2010 Marmara incident issues 2nd report, advises that Israel must enact legislation to cover ‘legal loopholes’ concerning potential war crimes investigations/charges

Aviel Magnezi

The Turkel Committee recommended Wednesday that Israel pursue legislation that would adhere to international war crime investigation norms, which are not already covered by existing Israeli law.

The committee, tasked with probing the 2010 raid on the Marmara, a Turkish vessel heading a Gaza-bound flotilla meant to breach the maritime blockade imposed on the Strip, released the second part of its report Wednesday, focusing on the legal aspects of the raid.

The report focused on Israel’s own investigation process in the matter and the various legal ramifications on Israel’s standing in the international community.

“The second report should be used as the standard by which any future investigation of this matter takes place, if needed, and serve as a legal ‘Iron Dome’ for Israel,” the committee said in a statement.

The committee’s first report determined that the Navy raid of the Marmara – which tragically left nine Turkish nationals dead and caused a rift in Jerusalem’s relations with Ankara – was not in violation of international law.

The second report, however, found several flaws in the decision-making process leading up to the raid, most notably the absence of a civilian body to offer the defense establishment counsel on operational aspects concerning international law.

• For the full report click here

The committee further found that while the Military Judge Advocate’s decision not to launch an inquiry immediately after the incident coincides with international law, Israel should consider employing policies that order such inquires – even if they are not mandated by international law.

Israel’s legal practices in matters concerning the potential infringements of the Rules of War are satisfactory and adhere to its obligations according to international law, the committee said; adding that the State should update its directives and anchor some of its guidelines by legislation.

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Yaron Drukman contributed to this report.
View original Ynet publication at:  http://www.ynetnews.com/articles/0,7340,L-4341842,00.html