Israeli Army Probes Slaying of Palestinian Grandmother
By Tracy Wilkinson, L.A. Times, 12/29/2002
NABLUS, West Bank -- The killing of Shaden abu Hijleh was both typical and
not typical.
The 61-year-old grandmother sat on her front porch,
embroidering. Her husband, a renowned local doctor, was next to her, tending the
thyme plants he had taken to growing during the endless weeks in which Israeli
military forces had confined Nablus residents to their homes.
Around
dusk, two Israeli armored army vehicles -- the kind that passed every day --
stopped in front of the Abu Hijleh residence. One or more soldiers opened fire
in the couple's direction, not 30 yards from where they sat in plain view,
according to witnesses and survivors.
Fourteen bullet holes form an arc
on the glass front door and part of the stone wall. One bullet apparently hit
just above Shaden's head; when she cowered, another bullet penetrated her left
side. That one killed her. Her husband, Jamal, 64, was nicked on the top of his
skull.
Shaden abu Hijleh was one of 41 Palestinian civilians killed by
Israeli forces in October as the Israeli-Palestinian war staggered into its
third year and noncombatants on both sides had become the most common
casualties. An average of one Palestinian civilian a day has been killed in the
two months since, according to a tally kept by B'Tselem, the Israeli human
rights organization. The oldest was 95; three were 2 years
old.
(Approximately 45 Israeli civilians were killed in the same period,
the majority in two attacks on buses by Palestinian suicide
bombers.)
Where Abu Hijleh's case takes a turn, however, is in the way it
was handled. The Israeli army, under pressure from the dead woman's children --
two of whom hold U.S. citizenship -- launched a detailed investigation. An
initial report said she had been killed by a stray bullet, but top officials
didn't accept that. The results of a second inquiry have not been made
public.
With Israel facing criticism for repeated killings of Palestinian
civilians, top military officials say they have begun conducting more vigorous
probes of alleged use of excessive force or other abuses.
One year ago,
The Times examined the Israeli army's practice of investigating the sins of its
own and found that most probes were cursory and that serious punishment was
rare. The failure to pursue alleged abuses worried some influential Israelis,
who contended that it was corroding the morale and discipline of a people's army
and nurturing a culture of impunity.
Since then, Israel's war with the
Palestinians has metamorphosed into a protracted battle between the region's
most powerful mechanized army and a string of ruthless guerrilla forces. In what
it described as an attempt to cut off the march of suicide bombers into Israel,
the army at midyear reoccupied most of the West Bank, positioning its forces in
the middle of cities and refugee camps and entrapping 2 million
Palestinians.
The toll among civilians rose steadily. Maj. Gen. Moshe
Yaalon, who in July took over as army chief of staff, issued new orders in
October requiring that an internal investigation of each killing of a civilian
be completed within 72 hours and that a full report arrive on his desk within 21
days.
Human rights activists who have long protested civilian deaths,
however, say the changes are cosmetic. Only high-profile cases are investigated
in any depth, activists say. The vast majority fall by the wayside.
Most
investigations remain within the military chain of command, which outsiders view
with suspicion. A number of cases are elevated to a stricter level of legal
scrutiny within the military judiciary, and those cases almost always end in
courts-martial.
A total of 281 cases had been opened by late this month;
20 involved the killing of Palestinians. In most of the rest, soldiers were
accused of stealing, vandalism and improper use of firearms that did not result
in injury.
Nearly 2,000 Palestinians and 700 Israelis have been killed in
27 months of violence.
The majority of killings continue to be attributed
to the fog of war, according to top army officials interviewed for this report.
Soldiers who fire back when shot at might hit civilians in congested residential
areas, and they might miscalculate when having to decide whether an approaching
Palestinian is friend or foe. These incidents are almost always considered by
the army to be justified, the officials said.
"We are fighting in very
crowded, intense areas, where you can hardly distinguish between a terrorist and
a civilian," chief army spokeswoman Brig. Gen. Ruth Yaron said. "It is extremely
complex, and the ability to distinguish between an innocent man and a terrorist
is almost impossible."
Yael Stein, a researcher with B'Tselem, said
soldiers -- young, undertrained, confused and terrified -- are not being held
accountable.
"Nothing happens to a soldier who kills a child," he said.
"The policy of being trigger-happy is a natural consequence when there's a
policy of impunity."
Of the 20 investigations into the killing of
Palestinians, two involved tanks that opened fire on crowds inside the West Bank
city of Jenin. In one incident, a journalist, Imad abu Zahra, was killed in
July; in another, a youth working with international activists was
shot.
The most serious punishment to be meted out involved a lieutenant
colonel who said he shot into the air to disperse a crowd in the West Bank
village of Nazlat Zeid on Oct. 4. A 15-year-old boy, Mohammed Zeid, was killed.
The officer was discharged from command duty, was demoted and has no future in
the army, Yaron said. He may yet face criminal charges.
When 16 people
were killed in the Gaza Strip city of Khan Yunis during a military operation
Oct. 7, however, the commanding officer received nothing more than a mark on his
file and probation. Most of the dead were killed when a helicopter gunship fired
a missile into a neighborhood. The army concluded that eight of those were armed
"terrorists" and that two others were unarmed members of the radical Islamic
Hamas movement. The remaining six were classified as
"unknown."
Palestinians identified the six as civilians, including a
50-year-old woman, a 13-year-old and two 16-year-olds.
The army has
acknowledged disproportionate force. When soldiers fired three shells into a
crowded refugee camp in southern Gaza on Oct. 17, killing six people, the
commander later conceded that one shell would have been sufficient. Rules were
rewritten after the incident, Yaron said, to prohibit the firing of mortars in
densely populated areas "unless there is no other choice."
The Israelis
also contend that Palestinian gunmen deliberately shoot from populated areas to
draw return fire onto civilians.
Col. Daniel Reisner, who heads the
Israeli army's international law division, said it is still too early to tell
whether Yaalon's orders have made a big difference. The aim, he said, was to
speed up the process.
"The global picture was: The longer we keep
allegations on the table without refuting them, the more credible they become,"
Reisner said. "And when something really did happen, we need to know
quickly."
Army officials also said there is no standard for how field
investigations are conducted. Some delve deeply; others are quite
superficial.
"Every commander determines whether he's reached the truth,"
Reisner said. "There is no textbook on investigations.... We see a great
variety."
Reisner said the army has to strike a balance between issues of
accountability and the ability of a unit or soldier to carry out a
mission.
"You tell a unit that a lawyer is coming to brief you afterward,
you kill the mission," he said.
In a report issued in September, Amnesty
International blamed both Israel and the Palestinian Authority for failing to
protect children. By its count, 250 Palestinian children and 72 Israeli children
were killed in the conflict between September 2000 and the end of
August.
It remains to be seen whether any real changes will come in the
Israeli army's handling of cases.
Affluent and prominent, the members of
the Abu Hijleh family have agitated for justice. They enlisted the support of
the U.S. Embassy and hired an attorney to sue Israel. They took unusual steps to
document their case, including photographing their mother's dead body minutes
after it arrived at the hospital. They saved the bloodstained embroidery she was
working on when she was struck down.
In her "martyr" poster -- every
Palestinian killed by Israel receives such tribute -- Shaden abu Hijleh wears
pearls and lipstick, looking more like Donna Reed than a dangerous
radical.
Her son Saed, 36, a political science professor at the local
university, built a special tomb for her in Nablus' crowded cemetery. He says he
is determined that Israel answer for her death.
"If we can make it just a
little bit harder for the soldiers to pull the trigger," he said, "then my
mother won't have died in vain."