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No charges for Israel soldier who killed Palestinian child returning from swimming

Mahmoud Badran (right) and his friends were shot at by Israeli occupation forces while on their way home from swimming on 21 June 2016. Badran died as a result. [B'Tselem]

An Israeli army officer who opened fire on a car of Palestinian civilians, killing a 15-year-old boy, will not be prosecuted, it was reported today.

Mahmoud Badran was killed, and four friends wounded, after returning from a swimming pool on the night of 21 June 2016.

At the time, the Israeli military claimed the forces responsible believed the car of youngsters were responsible for throwing stones at Route 443 in the occupied West Bank.

An investigation by the Military Police Criminal Investigation Division (MPCID) has now concluded that the “mistake” was a reasonable one to make in the circumstances, despite the fact that the officer opened fire in violation of the regulations.

According to Haaretz, the officer in question is a platoon commander in the Kfir Brigade, which is based in the occupied West Bank. He, and two colleagues, were driving towards Jerusalem in plain clothes when they noticed stones and an oil patch on the road, and a bus parked up on the side.

Israel NGO: Israel killed 8 unarmed Palestinians in Gaza

After driving to where they believed the stones had been thrown from, the officer and soldiers got out and opened fire on a car driving on a road under Route 443. Open-fire regulations in the West Bank state that when a vehicle does not endanger the soldiers, shots must be fired in the air.

According to Israeli rights group B’Tselem, “massive fire” was directed at the vehicle of Palestinian youngsters, despite the fact that there was zero indication its occupants were responsible for the stone-throwing (and even if there had been, lethal force was unjustified).

The MPCID investigation similarly concluded that the officer had not seen the stone throwers, and targeted the car purely due to its proximity to the site. Despite such findings, no indictment will be filed against the officer, not even for causing death by negligence.

According to Haaretz, the officer faces dismissal for his conduct during the incident. The army spokesperson told the paper that the findings were still being examined by the Military Advocate General’s office ahead of a final decision.

At the time, B’Tselem predicted that the investigation would produce no results, slamming “the military law enforcement system” as “a whitewashing mechanism”.

Categories
IsraelMiddle EastNewsPalestine
  • Vinegar Hill

    Yet another example of the biased legal system of Israel : par for the course.

    I assume this will be added to the hundreds of violations of human rights and violations of international law already under examination at the Hague.

    • charliematerne

      Would you be happier is Israel named a street after the soldier and paid him a bounty?

      • JJ

        The Israelis name streets after terrorists already, it wouldn’t be a surprise

      • Zaphod Braden

        If they HANG him on a lamppost on that street

        • charliematerne

          When the Arabs hang their own for Murdering Jews

          • Zaphod Braden

            .Under General Assembly Resolution 273, Israel was admitted on the condition that it grant all Palestinians the right to return to their homes and receive compensation for lost or damaged property, according to General Assembly Resolution 194, paragraph 11.
            Suffice to say, Israel has never lived up to these terms.
            Israel’s membership in the UN is therefore null and void.

            Israel was supposedly “attacked” by 3 Arab armies —– NOT BY THE PALESTINIANS — by OUTSIDE armies ….. Israel has NO, ZERO, ZIP business occupying PALESTINE The UN partition plan created two states, Israel and Palestine. David Ben Gurion rejected the UN plan and simply declared Israel to be in existence. The United States instantly recognized the new nation, whereupon Israel refused to recognize Palestine. It is at that point, the point where Israel refused to grant to Palestine that which Israel claimed for itself; a right to exist, that the other nations in the region refused to recognize Israel.
            Under international law, the Fourth Geneva Convention recognizes Palestinian resistance to the occupation as legitimate and legal, especially because the Israelis are deliberately transferring a civilian population into occupied territories, which legally makes every single Jewish settler a member of the occupying army and a legitimate target for the indigenous people of Palestine.
            Simply put, the UN Human Rights Council didn’t “call out” the Palestinians or Hamas because under the terms of the Fourth Geneva Convention, what they’re doing is legal and legitimate resistance to an occupying army… it’s no different than what the French Resistance did during WW II. By contrast, everything Israel is doing is illegal.”

            Gaza (along with the West Bank and East Jerusalem) is occupied Palestinian territory under international law, determined by the vast majority of the world, as well as the highest court in the world, the UN’s International Court of Justice. Gaza cannot commit aggression against Israel, since Israel is in constant and continual commission of illegal aggression against Palestine by occupying it (illegally and sadistically blockading it and frequently committing terrorism against its civilians, including by targeting them with chemical weapons provided by US taxpayers – see “Rain of Fire” by Human Rights Watch). As documented by Amnesty Int’l, Human Rights Watch, and many others, Israel intentionally targets and murders civilians, including children, en masse.
            Israel’s ability to frame its assault against territory it occupies as a right of self-defense turns international law on its head.
            A state cannot simultaneously exercise control over territory it occupies and militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. In doing precisely that, Israel is asserting rights that may be consistent with colonial domination but simply do not exist under international law.
            The precarious and unstable conditions in the Gaza Strip from which Palestinians suffer are Israel’s responsibility. Israel argues that it can invoke the right to self-defense under international law as defined in Article 51 of the UN Charter. The International Court of Justice, however, rejected this faulty legal interpretation in its 2004 Advisory Opinion. The ICJ explained that an armed attack that would trigger Article 51 must be attributable to a sovereign state, but the armed attacks by Palestinians emerge from within Israel’s jurisdictional control. Israel does have the right to defend itself against rocket attacks, but it must do so in accordance with occupation law and not other laws of war. Occupation law ensures greater protection for the civilian population. The other laws of war balance military advantage and civilian suffering. The statement that “no country would tolerate rocket fire from a neighboring country” is therefore both a diversion and baseless.

          • charliematerne

            OK hot shot, lets see how much you really know.
            UN GA resolution 273 states in its entirety:
            “Having received the report of the Security Council on the application of Israel for membership in the United Nations,
            Noting that, in the judgment of the Security Council, Israel is a peace-loving State and is able and willing to carry out the obligations contained in the Charter,
            Noting that the Security Council has recommended to the General Assembly that it admit Israel to membership in the United Nations,
            Noting furthermore the declaration by the State of Israel that it “unreservedly accepts the obligations of the United Nations Charter and undertakes to honour them from the day when it becomes a Member of the United Nations”,
            Recalling its resolutions of 29 November 1947 and 11 December 1948 and taking note of the declarations and explanations made by the representatives of the Government of Israel before the Ad Hoc Political Committee in respect of the implementation of the said resolutions,
            The General Assembly
            Acting in discharge of its functions under Article 4 of the Charter and rule 125 of its rules of procedure,
            1. Decides that Israel is a peace-loving State which accepts the obligations contained in the Charter and is able and willing to carry out those obligations;
            2. Decides to admit Israel to membership in the United Nations. ” Where is there a single reference in the resolution to 194? (PS: Read 194 Article 11. It does not grant a “right of return” to anyone)
            Legally and historically, what is a “Palestinian”?
            The “Partition Plan”, UNGA resolution 181 like every other GA resolution has no impact in Law. That is according to the UN Charter. How did the UN bypass its Charter to make 181 binding? What in 181 allows the GA to violate Article 80 of the Charter?
            Where in actual history did Israel reject 181? That was the Arabs.
            Exactly where in any of the 4 Geneva Conventions is there a recognition of murder and terrorism as ” legitimate and legal,? Please be specific.
            When did the UN Human Rights Council ever state that murder and terrorism are “legitimate and legal”?
            In reference to the various “human rights” organizations, Please read the report from the High Level Military Commission. a report from International Military and Legal experts on the legality of Israeli combat operations.
            Your reference to the ICJ opinion (not ruling) is humorous. Read the actual wording of Article 51 and the rewritten version the ICJ used. The ICJ has no authority to rewrite the Charter. The interesting part of that opinion is that the ICJ clearly states that “Palestine” is not a “state”
            Since Hamas it openly supported by Iran and Qatar and the PA is openly supported by several states still in a technical “state of war” with Israel. the claim of “foreign” involvement is legitimate. To refresh your memory, Article 51 states ” Nothing in the present Charter shall impair the inherent right of collective or individual self-defense if an armed attack occurs against a member of the United Nations, ” Israel has the right and responsibility to protect itself and its civilian population.
            Perhaps in your failure to read the Laws of Armed Conflict (IHL) you missed the part about the right and obligation to maintain order. Perhaps you could read that law, in its entirety (it’s only about 1000 pages) and find a single reference to the Legality of “Palestinians” firing rockets at Israeli civilians. There are several and each one states it is illegal, a war crime and a crime against humanity.

          • Neutralone

            I cannot believe that you would deliberately LIE in such a brazen, easily disproven manner. I therefore conclude that you MUST BE simply an ignorant, bigoted Zealot who “knows” the truth and has no need to ever research or prove his allegations.

          • Zaphod Braden

            I;m RIGHT you are WRONG.

          • Neutralone

            Now that you have said that, I guess the matter is resolved. Never mind TRUTH. Never Mind FACTS. Zaphod Braden has issued his ruling. The matter is closed.

          • JP McEvoy

            It’s not murder when it’s self defense. They’re not Jews when they’re Zionists.

          • joe2.5

            People like you are well advised to look up Julius Streicher, your teacher.

          • charliematerne

            I had never heard of him so I took your advice. You, however, seem quite familiar with obscure Nazi authors.

          • joe2.5

            He’s not obscure –quite the opposite., it is you who are ignorant. He was a Nazi propagandist, hanged for his propaganda by the Nuremberg Court. Your task is much more modest, in fact insignificant of course…

          • charliematerne

            How is he my “teacher” if I never heard of him?

  • 𝕔𝕄𝕔

    I think they threw stones so i’m going to kill those children, only in Israel is this ok…….

  • Aen RaBeon

    Damn Hitler! Should have finished the job.

  • This is just wrong. Children no matter what their ethnic background should NOT be casualties of any war.

    • JP McEvoy

      It’s not “war”.. It’s genocide.

  • Vic Pittman

    Israel needs to be isolated and walled off from the civilized world. American politicians like dual citizen Ron Wyden need to be purged from our govt and deported to Israel. We used to hang traitors ….

    • Bon Scott

      Although I share your sentiment about no dual citizens in our government, I’ve met Ron Wyden and he’s a nice guy. I don’t want him hanged, I just don’t want dual nationals to have any positions of power in our government. I think there are laws against it written sometime in the 20’s, but they seem to be ignored since as far back as Kissinger in the 60’s.

      Kennedy was trying to force the Israel lobby to register as a foreign agent when he was assassinated. They are still not registered to this day. RT news service had to register recently as a foreign agent. A news service.

  • America Firster

    Wow. Suspicion of rock throwing is a death sentence for non Jews in Israel.

    • charliematerne

      Ever been hit by a rock? Ever been driving down the road with your family to have a 10 pound rock through your windshield?

      • America Firster

        Ever had tons of bombs and WP dropped on your house or school? Ever had to go thru checkpoints every day? Ever had soldiers come into your house and point weapons at you or kidnap one of your kids? Ever had foreigners show up at your house and take it at gunpoint because their God said so? Ever been tear gassed or hit by live ammo? I Like how you just made up: 1. a ten pound rock — where does one get those; nearly all rocks i am familiar with and kids can throw are well less than one pound 2. The “fact” these rocks are going thru windshields. I have never heard of this happening once.

        • charliematerne

          Ever fired rockets at children whose only crime was being born? (PS: that’s a war crime) Ever provoked a defensive military response so that your own citizens would be killed with your use of human shields for the propaganda value (as Hamas brags about) Ever hidden weapons in a home or school or fired those weapons from a home or school thus voiding their protected status? Ever murdered a Jew because some pedophile or “Allah” said you should? Just because you have never bothered with, even Arab news sites. does not mean that the 10 pound rocks do not exist. Your erroneous use of the word “kids” shows that you are a fool to your own propaganda.

          • America Firster

            Ever seen a bunch of Europeans move into the ME and steal the land and murder the inhabitants because God told them to do so — even though they were atheists? Drop hundreds of tons of bombs on a trapped people and then whine about rocks being thrown and blame the victims? You ever met any kids who throw ten pound rocks? Ever find yourself whining about murdered Jews when the Jews are doing 99% of the killing in Palestine? Do you not consider Palestinian children kids because you are a racist?

          • Kolo

            You are a lunatic

          • joe2.5

            UN Charter and 4 additional resolutions: invaded and occupied peoples have the imprescriptible right to resist by all means available. Repeat: all means available.

          • charliematerne

            Which UN Charter Article and “4 additional resolutions” would they be? The Charter, and therefore all resolutions call for the “peaceful resolution” of all conflicts. Which ” invaded and occupied peoples” are you speaking of. Please don’t be shy, support your lie.

          • joe2.5

            Hey, do your own homework. Google is supposed to be your friend.
            Your crass ignorance is not an excuse for making others work. Do you want proof that the earth is round, too?

          • charliematerne

            You are the one posting the LIE. I have read the Charter and refer to it regularly to refute comments from “people” like you. You posted your false allegation it is up to you to defend it. Where, in any law, other than Muslim law, is there a right to Murder anyone

          • joe2.5

            The wording is “all available means”.

          • charliematerne

            Again with the LIE. The UN Charter does not contain such language. The International Laws of Armed Conflict (IHL) does not contain such language. That only leaves your “4 resolutions” that you can not name. Crawl back into your cesspool until you can come up with those resolutions.

          • joe2.5

            Ha. Learn to read, then learn to search.

          • charliematerne

            Not long ago, “Everybody else” knew the earth was flat. How did that work out for you?

          • scorpion

            “Ever provoked a defensive military response so that your own citizens would be killed with your use of human shields for the propaganda value (as Hamas brags about) Ever hidden weapons in a home or school or fired those weapons from a home or school thus voiding their protected status?”

            This is arguably one of Israel’s most insidious claims, because it blames Palestinians for their own death and deprives them of even their victimhood. Israel made the same argument in its war against Lebanon in 2006 and in its war against Palestinians in 2008. Notwithstanding its military cartoon sketches, Israel has yet to prove that Hamas has used civilian infrastructure to store military weapons. The two cases where Hamas indeed stored weapons in UNRWA schools, the schools were empty. UNRWA discovered the rockets and publicly condemned the violation of its sanctity.

            International human rights organizations that have investigated these claims have determined that they are not true. It attributed the high death toll in Israel’s 2006 war on Lebanon to Israel’s indiscriminate attacks. Human Rights Watch notes:

            The evidence Human Rights Watch uncovered in its on-the-ground investigations refutes [Israel’s] argument…we found strong evidence that Hezbollah stored most of its rockets in bunkers and weapon storage facilities located in uninhabited fields and valleys, that in the vast majority of cases Hezbollah fighters left populated civilian areas as soon as the fighting started, and that Hezbollah fired the vast majority of its rockets from pre-prepared positions outside villages.

            In fact, only Israeli soldiers have systematically used Palestinians as human shields. Since Israel’s incursion into the West Bank in 2002, it has used Palestinians as human shields by tying young Palestinians onto the hoods of their cars or forcing them to go into a home where a potential militant may be hiding.

            Even assuming that Israel’s claims were plausible, humanitarian law obligates Israel to avoid civilian casualties that “would be excessive in relation to the concrete and direct military advantage anticipated.” A belligerent force must verify whether civilian or civilian infrastructure qualifies as a military objective. In the case of doubt, “whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used.”

            In the over three weeks of its military operation, Israel has demolished 3,175 homes, at least a dozen with families inside; destroyed five hospitals and six clinics; partially damaged sixty-four mosques and two churches; partially to completely destroyed eight government ministries; injured 4,620; and killed over 700 Palestinians. At plain sight, these numbers indicate Israel’s egregious violations of humanitarian law, ones that amount to war crimes.

          • charliematerne

            Your words are incomplete, “The two cases where Hamas indeed stored weapons in UNRWA schools, the schools were empty. UNRWA discovered the rockets and publicly condemned the violation of its sanctity.” You ignore the FACT that UNRWA returned the rockets to Hamas to be used in the war crime of firing them at Israeli civilians. Clear evidence of UNRWA complicity in war crimes
            ” humanitarian law obligates Israel to avoid civilian casualties that “would be excessive in relation to the concrete and direct military advantage anticipated.”. That same law prohibits Hamas from using human shields, that Hamas not only admits to but brags about. You might want to read the Report from the High Level Military Group, an independent international group of high ranking military officials and Legal experts on Israel’s (and Hamas) conduct in the latest Gaza war. Just enter “HLMG report” in your browser

          • scorpion

            Your “God”, Theodore Hertzl was a paedophile and he lived until recently!

            Isn’t the forced oral sex,that baby boys aged under 9 days old endure also paedohilia?

          • charliematerne

            I don’t guess you would care to document that. I didn’t think so

          • scorpion

            Do you often ask questions, then answer them yourself?

            “It was hardly difficult for the British to recruit Herzl. First, he was an Anglophile. He was also a believer in all sorts of Germanic-Teutonic myths. “An immensely rich Anglicized Prussian nobleman was Herzl’s hero-ideal,” writes Elon. His earliest writings were about knights, lords, and noble barons. In his diaries, he wrote, “If there is one thing I should like to be, it is a member of the old Prussian nobility.”

            This expression of abject political servility was inevitably accompanied by a savage tendency to sexual fantasizing of a sodomist stamp. In one diary entry, Herzl dubs his penis the “ideal candidate for Knighthood,” an image that merges with obsessive sado- masochistic thoughts of death, suicide, melancholy, and “the Apocalypse.”

            “Blond, clever-eyed little girl… ” reads another diary entry in which Herzl revelled in his passion for an eight-year old. ‘Today I realized for the first time that is possible to fall in love with a little girl.”

            Herzl’s death at age 44 is in part attributed by his biographers to his having contracted
            gonorrhoea at age 20. “

          • charliematerne

            Again, no documentation. Try again

          • Neutralone

            Nothing in your above quotes is evidence of either of the following of your hateful comments:

            “Your “God”, Theodore Hertzl was a paedophile and he lived until recently!
            Isn’t the forced oral sex,that baby boys aged under 9 days old endure also paedohilia?”..

            In addition, you have not cited the source of the material you quoted.

          • Neutralone

            Ignorant, racist slander. Anti-Semitic tripe.

      • Kolo

        Cry me a river

    • Bon Scott

      They are not in Israel, the are in occupied Palestine.

  • MyWikiDisQus

    The year is now 2018; the 70th anniversary of the Zionist occupation of Palestine. An entire generation of Palestinian children have been born into slavery and apartheid. How much longer will this be tolerated?

    Since no other country will help the Palestinian people repel the Israeli invaders, thieves and murderers, they must seek out weapons dealers and do it themselves. There must be a coordinated effort from Gaza to the West Bank to organize, arm and train the people to hit the IDF hard. If the criminal syndicates of ISIS/ISIL, Al-Qaeda, Al-Nusra, Houthi rebels of Yemen, etc. can acquire weapons, men and materials, so can the Palestinians.

    There will be thousands dead on both sides but the Zionist boil must be pricked and drained of the vile tyranny committed against the Arab population who continue to suffer inhuman acts of turpitude and injustice.

    There will never be a two State solution or peace between the tribe of Judah and the Gentiles as long as the false Hebrew religion of Talmudic Zionism is allowed to illegally thrive in occupied land.

    • charliematerne

      Please take 10 minutes to read “Land Ownership in Palestine, 1880-1948” or an hour or 2 to read the “High Level Military Committee Report on the Gaza War 2014”. Those reports will explain who owned what and who did what to whom. AL-M does not like posting links that disagree with their propaganda so you will have to copy and paste the items in quotes to your browser.

  • .454casull

    Jews are and always been the scum of the humanity. Wish we would of finish them all 70 years ago

  • Rq6800

    Israeli military and illegal squatters take joy in their art of premeditated murder for sport. There is no honest rule of law, or rights for non-Zionists. Zionism unto itself is an extension of Satanism which sanctions the won ton murder of woman, and children for sport. Blowback is coming for the Zionist menace…

  • JP McEvoy

    They kill unarmed children and unlegged double amputees… Do NOT call these animals “soldiers”.