Israel’s military ‘justice’ system is working exactly as intended
A handful of probes into massacres in Gaza are a smokescreen: Israel has convicted only two soldiers for harming Palestinians since Oct. 7.
Last month, the Israeli military announced the results of its preliminary reviews of five high-profile incidents that occurred during its campaign of mass killing and destruction in Gaza. The military had decided to open a criminal investigation into the January 2024 killing of Hind Rajab, six of her relatives, and two Palestinian Red Crescent paramedics; and another into the March 2025 killing of 15 medical and rescue workers in Tel Al-Sultan.
By contrast, in three other cases, the military concluded there was no basis for opening a criminal investigation: the killing of seven World Central Kitchen workers in April 2024, the attack on a Médecins Sans Frontières (MSF) convoy in November 2023, and the attack on an MSF building in February 2024.
This announcement might appear to signal a willingness on Israel’s part to investigate suspected crimes committed in Gaza. But an examination of Israel’s military law enforcement mechanism suggests something very different: Such announcements are far more likely to serve as a publicity stunt aimed at maintaining the appearance of accountability rather than delivering it. And by drawing attention to a handful of exceptional cases, the military directs attention away from the vast number of killings and suspected war crimes that have never been reviewed or investigated at all.
That publicity stunt matters because Israel has an obligation under international law to investigate suspected war crimes, and a failure to conduct genuine investigations may itself constitute a violation of international law. Indeed, Israel’s principal defense against international criminal proceedings is precisely that its domestic legal system is willing and able to address alleged violations.
Citing “Israel’s processes for review, examination, investigation, and proceedings under its national legal system” the state has invoked the principle of complementarity to argue that the International Criminal Court (ICC) should not interfere. In other words, the existence of a seemingly functioning investigative system helps shield Israel and its officials from international prosecution.
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https://www.972mag.com/israel-military-justice-war-crimes-impunity/