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Khalil al-Mughrabi, a Palestinian boy aged 11, was killed on 7 July 2001, by shots fired from an Israel Defense Forces (IDF) tank while Khalil was resting with friends after a game of soccer in Rafah. Two of his companions, aged 10 and 12, were also seriously wounded. This incident took place during the Second Intifada. The Israeli Army said immediately that their forces had been attacked and that they had returned fire.〔 Palestinian sources and a friend of Khalil said they were part of group throwing stones at Israeli troops when al-Mugrahbi was killed.〔〔 A later investigation by the chief military prosecutor found that the clashes that had involved Palestinians throwing stones and grenades at Israeli soldiers had broken up at noon, and that al-Mughrabi was killed at 7 P.M, seven hours after the clashes.〔〔 The investigation found that, later in the evening, Palestinian adults and children had attempted to seal a road with debris and barbed wire, drawing warning shots from an Israeli tank, with one shot evidently killing al-Mughrabi, who had been playing football in a field a half mile away.〔〔 Despite having determined that the circumstances "must dictate a military police investigation", the military prosecutor cleared the soldiers of wrongdoing on the grounds of the violence that had taken place earlier in the day.〔 An independent investigation by the Israeli human rights group B'Tselem said that the Israeli army's investigation of the incident amounted to a whitewash, calling the investigation "shallow and superficial" and that the actions by the Judge Advocate General "raises a serious concern that lying is considered legitimate practice in the office of the Judge Advocate General."〔 Human Rights Watch, commenting on the army's failure to investigate the al-Mughrabi case further, noted that in international law, the governing principle where there is credible or prima facie evidence of a possible violation of international humanitarian law is that an investigation is required.〔Human Rights Watch, (Promoting Impunity ), Human Rights Watch, vol.17, No 7 (E), June 2005 p.51.〕 == Incident == The incident occurred on 7 July 2001, in the Yubneh refugee camp, located on the outskirts of the city of Rafah, in southern Gaza Strip, near the Egyptian border. At the time a ceasefire agreement, drawn up by George J. Tenet, the American director of the C.I.A., was supposed to have been in effect from the preceding June 13. In the interim 9 Israelis had died, and al-Mughrabi was the 17th Palestinian victim.〔 The Israeli army reported that Palestinians had thrown 26 grenades and four gasoline bombs at troops in Rafah over the course of the day. The spokesman for the Israeli army said that the troops had fired back following these attacks. In another incident, two Israeli soldiers were lightly injured when a roadside bomb exploded near the village of Asira ash-Shamaliya.〔(Palestinian boy shot dead in Gaza ) BBC News. 8 July 2001〕〔(Fighting in Gaza Kills a Boy and Clashes in West Bank Wound 4 ). The New York Times. 8 July 2001〕 The IDF spokesman said "dozens of Palestinians were rioting next to Rafah and endangering the lives of the soldiers... The soldiers acted with restraint and moderation and dispersed the rioters by using means for dispersing demonstrations, and by means of live gunfire into an open area distant from the rioters."〔Hass, Amira. (What do an outpost, a Palestinian child and a pacifist have in common? ) Ha'aretz. 10 May 2010〕 A friend of al-Mughrabi reported that the two of them had been among the group of stone throwers at Israeli troops. Palestinian sources he had been throwing stones when he was killed.〔〔 The army reported that to disperse the attacking crowd, "live gunfire into an open area distant from the rioters" and that the army had no evidence that anyone had been injured.〔 None of the essential facts in the army's initial account were true. A later internal investigation by the Israeli army determined that no attacks had taken place during the time range that al-Mughrabi was shot and killed. Colonel Einat Ron, the military's chief prosecutor, found that at 7 P.M, when al-Mughrabi had been playing soccer with his friends in a field, no grenades or stones had been thrown at Israeli troops. Nonetheless, Israeli troops opened fire from a heavy tank-mounted machine gun.〔(Are Israelis off hook in slaying? ) Associated Press. 13 November 2011〕 The report found these shots were in response to an attempt by Palestinians to block a road while an Israeli army vehicle was leaving the town. Soldiers on an Israeli tank fired warning shots at this group. Ron's report determined that these shots violated army regulations due to their having been fired from a long-range heavy weapon and because the shots had been aimed near children. Her report stated that the shots where fired at a time "when no grenades were thrown, and it is doubtful that the force felt its life was in danger."〔 One of the bullets from the tank fire struck al-Mughrabi's head and killed him.〔Greenburg, Joel. (Death of a Child: How Israel's Army Responds ) The New York Times. 13 November 2001〕 The Israeli report offered three conflicting options. The first was to begin a military investigation into the suspected unlawful fire, the second to clear the soldiers on account of violence that had taken place earlier in the day, and the third to issue disciplinary measures without a criminal investigation. Col. Ron chose the second the option, clearing the soldiers of any wrong doing. In a letter to B'Tselem, Ron stated that "Under the circumstances we did not find that there is suspicion of criminal behavior by soldiers, nor justification for starting a criminal investigation." B'Tselem's research director said of the letter that "it indicates that lying is legitimate in the military prosecutor's office in order to protect the troops."〔 The report by Ron discussed why it would be difficult to clear the soldiers of wrong-doing. Among the reasons the report gives for why it would be is the "gravity of the deviation" and the "results of the event".〔 The report says that a "serious deviation from obligatory norms of behaviour" occurred.〔 Ron's report stated that "An 11-year-old boy who was innocently playing football was killed", adding that "even if this is a 'slight' deviation, the consequences make it imperative that a military police investigation be conducted",〔 though the letter sent by Ron to B'Tselem said that she did not believe that an investigation was warranted. She provided no reason for the contradicting views expressed.〔Barzak, Ibrahim. (Army decides not to carry out inquiry in boy's death ), semissourian.com, 14 November 2001〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Death of Khalil al-Mughrabi」の詳細全文を読む スポンサード リンク
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