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As a result, cases are closed for "lack of evidence," suppressed, and to absolve offenders, and it happens regularly.
Prosecutions, Convictions, and Punishment - Soldiers and Commanders
Based on IDF Spokesperson supplied figures, investigations of ill treatment rarely happen, and almost never lead to prosecutions or convictions. Out of hundreds of them launched, a mere handful of indictments followed, amounting to about two per year since September 2000. Of those, acquittals were common, and hand slaps (like 10 days imprisonment) followed convictions most often.
Also, practically never are commanders charged or prosecuted even when they issued direct orders. In rare instances, they face disciplinary hearings, in others, demotion. No senior commanders have been prosecuted for the offenses of their subordinates. In these cases, command responsibility "is an extremely restricted concept," an alien one.
B'Tselem explained that many complaints are closed "due to various defects during the processing of the case. (For example), months pass between the submission of the complaint and the transfer of the case to the MIU for investigation....The conclusion from all this is that the system does not attach the necessary importance to investigating cases of violence by security force personnel against Palestinian residents and ensuring that justice is meted out to those responsible. This conveys a lenient message to those in the field that such actions are not regarded as severe."
Even after beginning, investigations can drag out for months, so long, in fact, that those involved often complete their military service and leave.
Further, as long as the IDF investigates and prosecutes its own, justice is virtually impossible, unlike in civil courts. A possible solution is ending military involvement, so far not considered. Yet Human Rights Watch suggested that:
"a consensus is emerging in international law that military personnel should not be tried in military courts in cases when the victims are civilians, and that military jurisdiction systems should relate solely to offenses of a clearly military nature."
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