-Caveat Lector-

Tuesday, January 15, 2002 Shvat 2, 5762 Israel Time: 04:39 (GMT+2)
http://www.haaretzdaily.com/hasen/pages/ShArt.jhtml?itemNo=117480&contrassI
D=2&subContrassID=1&sbSubContrassID=0&listSrc=Y

War crimes threats prompt plans to defend IDF officers

Guidelines will be provided for senior Israeli security officials who may
be arrested and tried abroad for war crimes, as the threat of such trials
in international courts appears to be growing.

Attorney General Elyakim Rubinstein's office is currently drawing up
guidelines for security officials, which will be based on a survey of
European legal systems, formulated by an interministerial committee
comprised of representatives from the Foreign and Justice ministries.

The survey checked which European countries include clauses in their
legislation which could lead to the arrest of senior Israel Defense Forces
officers and other Israeli security officials, and found that the legal
systems of Spain, the Netherlands, Germany, Denmark, Belgium and Britain
may allow such arrests.

Following international plans for establishing an international court for
crimes against humanity in The Hague, which is due to open within several
months, and Belgium's 1993 law authorizing its courts to try individuals
for crimes against humanity, IDF officers and other senior Israeli
officials have been worried by the possibility of being tried for war
crimes in Europe.

The IDF has taken into account the possibility of such arrests, and sources
in the IDF prosecution revealed that the military has been preparing itself
to protect its officers against international trials.

A Palestinian human rights group said yesterday it will begin collecting
evidence against senior Israeli officials, aimed at bringing war crimes
charges against them in an international court.

Researchers for Al Haq, the human rights group based in Ramallah, said they
hope to have enough evidence within three months to press charges against
Major General Doron Almog, the head of Israeli forces in the Gaza Strip.

The group plans to present its case in Belgium, where the law grants the
country's courts the jurisdiction to try individuals for war crimes,
wherever they take place.

Al Haq said it is investigating Doron Almog in connection with the November
deaths of five schoolboys killed by an explosive device planted by Israeli
soldiers in the Khan Yunis refugee camp, and with the demolition of dozens
of homes in the Rafah refugee camp last week.

Israel expressed regret at the time for the deaths of the five boys and
said they accidentally set off the explosives, which were placed there to
target militants.

Al Haq claims that the demolition of the homes in Rafah, which left some
600 people homeless according to Palestinian, UN and Israeli human rights
groups figures, was against international law and should be considered a
war crime.

Sources in the IDF prosecution contended that "international law allows, on
principle, the destruction of private property under conditions of war, and
when there is an absolute military necessity to do so."

As long as the demolitionin Rafah was a strategic necessity, claims the
IDF, it cannot be considered a war crime.

The IDF has claimed that the destroyed houses were used as hiding places
for Palestinian gunmen, and may have been used to smuggle arms from Egypt
into Palestinian Authority territory. Moreover, the IDF has stated that the
houses were abandoned.

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