Yesh Din, EXCEPTIONS: Prosecution of IDF soldiers during and after the second Intifada, 2000-2007

This report reveals for the first time full data on how the Israeli military law enforcement agencies (the Military Police Criminal Investigation Division (MPCID), the Military Prosecution and the Courts-Martial) process cases in which IDF soldiers commit offenses against Palestinians, and it includes the details of each case heard by the Courts-Martial during the seven years of the second Intifada (September 29, 2000 through the end of 2007). The first part of the report discusses the small number of indictments served against soldiers for offenses committed against the Palestinians. More than 2000 Palestinian civilians were killed during the second Intifada. However, only 13 investigation files led to indictments charging soldiers with responsibility for the killing of civilians. Until the publication of the Report, the Courts-Martial had convicted five soldiers for the deaths of only four civilians.

The report also presents figures about the realization of the Palestinians’ right to compensation for damage to body and property (pag. 34-37). By express admission of the Chief Military Police Officer, the goal of an MPCID investigation is mainly to gather evidence to deflect possible damage claims by Palestinians, sparing the State of Israel the payment of compensation. According to the Commander of the MPCID Central Command “it is clear to us that by the very fact that the Palestinians know an MPCID investigation is going to be opened, some of the claims are not made because they know they will be checked”. From 2004 to March 2008, 5,282 compensation claims were filed for bodily and property damages allegedly caused to Palestinian civilians. According to the Defense Ministry, most of the claims for bodily damage were filed following “injuries from shooting and targeted killings” and most of the claims for property damages were filed following “ground clearing