April 11th, 2011

Press release – for immediate release:

Yesh Din's legal counsel appeared before the Turkel Commission:

"The 'Command Inquiry' is causing harm to the State of

Israel"
Attorney Michael Sfard, Yesh Din's legal advisor, was called to testify before the
Turkel Commission, the public commission examining the maritime event of the
Gaza Flotilla. In his testimony to the commission, Atty. Sfard stated that
whenever harm is dealt to Palestinian civilians in a non-offensive situation, a
criminal investigation must be opened without delay. His testimony received
praise

"When a Palestinian civilian is killed, we must open an immediate investigation, out

of respect for his life", said Attorney Michael Sfard, the legal advisor of human rights
group Yesh Din. "Conducting an investigation is not tantamount to punishment; it
should not harm the armed forces involved. Rather, the command inquiries which lead
to their acquittal cause more damage".

Sfard appeared today (Monday) before the Turkel Commission, the public
commission examining the maritime event of May 31st, 2010 (a.k.a the Gaza Flotilla).
Sfard was invited to testify before the commission on behalf of Yesh Din, after the
commission requested a legal expert opinion from Yesh Din. The Turkel
Commission's mandate is to examine whether Israel is fulfilling its duties to examine
and investigate complaints regarding violations of the International Law.

In his testimony, Sfard said that when a Palestinian civilian is hurt in an event which
is non-offensive in nature – such as a demonstration – Israel is obliged to open a
criminal investigation into the event. He added that by the practice of conducting
"command inquiries", Israel is not carrying out its obligation. "Examining Palestinian
complaints against members of the Armed Forces must be done immediately, by a
criminal investigation. The 'command inquiry' is no less than a disaster to the
investigation. It's not only corrupt – it also deals a great harm to the State of Israel".

Sfard made a distinction between situations in which the IDF functions as a law-
enforcement agency – and situations when the IDF is actively engaged in fighting
another battling force. In the first situation, which pertains to the current state in the
occupied West Bank, the IDF must investigate any damage caused to civilians and
their property. In the second, the IDF has a duty to investigate any suspected violation
of the laws and customs of war.

Finally, Sfard stated – on behalf of Yesh Din – that Israel must establish an
investigative mechanism, external to the army, which could examine and investigate
claims of International Law violations in actions and policies that the Military
Prosecution was involved in. "We need to find the inner strength that will allow us to
establish an extra-military mechanism which could verify that the IDF and its advisors
are following the rules of International Law", he said.

In the hearing, Commission member Reuven Merhav praised Yesh Din: "your efforts
to try and find order in an otherwise chaotic reality is admirable. Your commentary is
very important".

Click here for a summary of Yesh Din's legal expert opinion

Click here for the full legal expert opinion (Hebrew)

For further information please contact Yesh Din Spokeswoman Dana

Zimmerman +972-54-2457682