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Israel To Probe Freedom Flotilla Raid

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Israel To Probe Freedom Flotilla Raid


Israel To Probe Freedom Flotilla Raid

JERUSALEM, June 14, 2010 (AFP) - Israel's cabinet on Monday backed the creation of an internal committee to probe its deadly raid on a Gaza-bound aid flotilla, in a move swiftly dismissed by Turkey.

The Israeli committee, which will include two foreign observers, was formed to conduct an investigation into the legal aspects of the operation in which Israeli commandos killed nine Turkish activists and wounded many more.

But Ankara slammed the move, saying it did not believe the Israeli commission would carry out an "impartial" probe of the pre-dawn attack.

"We have no trust at all that Israel, a country that has carried out such an attack on a civilian convoy in international waters, will conduct an impartial investigation," Foreign Minister Ahmet Davutoglu told reporters in Ankara.

"To have a defendant acting simultaneously as both prosecutor and judge is not compatible with any principle of law," he said, warning that without an independent inquiry, Turkey would review its ties with Israel.

Hours after the announcement, Israel's cabinet voted unanimously to back the make-up and mandate of the inquiry committee.

The panel will be headed by retired supreme court judge Yaakov Tirkel, and will include two international observers: Irish Nobel Peace Prize winner David Trimble and Ken Watkin, former judge advocate general of the Canadian military.

But it was not clear what powers Trimble and Watkin would have, and a statement from Israeli Prime Minister Benjamin Netanyahu's office said they would not able "to vote in relation to the proceedings and conclusions of the commission."

The two could also be denied access to information if it was "almost certain to cause substantial harm to national security or to the state's foreign relations."

Netanyahu's office said the commission would examine the legality under international law of Israel's naval blockade and of actions taken to enforce it, as well as the actions of those who organised and took part in the flotilla.

The inquiry will run alongside another military probe into the events of May 31, which began last week under retired brigadier general Giora Eiland.

That investigation is set to end by July 4 at the latest, after which its results will be submitted to the so-called Tirkel Commission.
Among those set to testify before the committee were Netanyahu and senior ministers from the Forum of Seven, Chief of Staff Gabi Ashkenazi, and top brass of military intelligence, the Mossad spy agency and the Shabak internal security service, media reports said.
Israel has made clear the committee will not hear any direct testimony from troops involved in the raid.

Netanyahu told cabinet members on Monday the committee would also seek "to give a credible and convincing answer" to the international community.

"I am convinced that uncovering the facts will prove that Israel acted in an appropriately defensive fashion in accordance with the highest standards. The committee will clarify to the world that Israel acts according to law with responsibility and full transparency," he said.

Washington called the move an "important step forward," but stressed the inquiry should be carried out promptly and its findings "presented publicly" to the international community.
Canada also welcomed the announcement, while expressing sympathy with Israel's desire to prevent ships carrying arms from breaking the blockade.

But Hamas, the Islamist movement ruling the tiny coastal Strip, said Israel's continuing refusal to accept an international probe proved its guilt.

"By refusing the formation of an international committee to investigate the massacre, Israel is condemning itself," Hamas spokesman Fawzi Barhum told AFP.

Israel is facing mounting pressure to end the blockade, imposed in 2006 after Gaza militants seized an Israeli soldier in a cross-border raid.

In Luxembourg, an EU diplomat on Monday said Israel had indicated it was ready to ease the blockade significantly.

"The indications we are getting from Israel is that they are willing to go from a positive to a negative list," the diplomat said, referring to a change from a list of permitted items to a list of banned items, with many more previously banned goods allowed in.

But Israeli foreign ministry spokesman Yigal Palmor denied such a move had been agreed, telling AFP: "These are ideas that we are discussing.

"Of course Israel is ready to let through more goods, but we have to discuss which goods go on the list."
 
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And their conclusion will be:
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Afghan Detainee Issue

Ken Watkin was implicated in the Canadian Afghan detainee issue, in which several detainees arrested by the Canadian Forces went missing or were tortured following their transfer to the Afghan National Police and National Directorate of Security. According to a report in the Toronto Star, while acting as the Judge Advocate General, Ken Watkin advised the Canadian Forces command that they could be "criminally negligent" for transferring detainees to a risk of torture in Afghan hands. Mr. Watkin refused to answer questions when called to testify in Canada's House of Commons about whether he was directed to authorize the transfers or had knowledge of Canadian diplomatic reports of torture, and claimed that solicitor-client privilege owed to the Government of Canada prevented him answering the House's questions.
 
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INSIDE ISRAEL'S GAZA FLOTILLA RAID PROBE


JERUSALEM, June 14, 2010 (AFP) - The "independent public commission" approved by the Israeli cabinet Monday has a narrow mandate to examine the legality of the four-year-old blockade of the Hamas-ruled Gaza Strip and the decision to seize a Gaza-bound aid flotilla on May 31.

PANEL: The commission will be led by retired supreme court judge Yaakov Tirkel, 75, and include two other Israelis and two foreign observers. The two Israeli members are Shabtai Rosen, 93, a professor of international law, and retired general Amos Horev, 86. The two observers are David Trimble, a Nobel Peace Prize laureate and Protestant leader who served as first minister of Northern Ireland, and Ken Watkin, a former judge advocate general in the Canadian military.

The two foreigners will take part in the proceedings but will not vote on any of the conclusions, and the head of the commission can exclude them from any information that could "cause substantial harm to national security or to the state's foreign relations," according to the cabinet resolution.

MANDATE: The commission will look into the international legality of the maritime blockade imposed on Gaza and the deadly May 31 seizure of a six-ship aid flotilla bound for the territory. It will also examine the identities and actions of the organisers of the flotilla and its participants.

METHODS: The commission will be able to request testimony from Prime Minister Benjamin Netanyahu, Defence Minister Ehud Barak and Chief of Staff Gabi Ashkenazi, as well as other Israelis and foreigners. It will not be allowed to question any Israeli soldiers except Ashkenazi, but it can examine the findings of a separate military probe into the operation itself.

The commission will be allowed to hold public hearings as long as they do not "endanger national security or the state's foreign relations."

The testimony will not be used as evidence in separate Israeli legal proceedings.

CONCLUSIONS: The commission will submit its conclusions to the prime minister before publishing its report. It can withhold anything that, in its judgment, "could cause substantial harm to national security, foreign relations, or the well-being or privacy of an individual, or to confidential methods of an authorised entity."
 
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FACES OF ISRAEL PROBE

Israel has appointed a three-man committee to probe its deadly naval raid on a Turkish passenger ship, in an investigation which will be observed by two foreign nationals.

Here is a short profile of those who will be involved in the inquiry:

PANEL CHAIRMAN: Yaakov Tirkel

A retired supreme court judge, Yaakov Tirkel, 75, was born in Tel Aviv and studied law at Jerusalem's Hebrew University before becoming a member of the bar in 1961. He served as a Supreme Court Judge from 1995 until retirement in 2005. His appointment as head of the panel has been criticised by some observers with the left-learning Haaretz daily quoting an army radio interview in which Tirkel reportedly said he did not believe in a panel of inquiry, and was not in favour of drawing conclusions about individuals and dismissing those responsible for failures.

PANELIST: Shabtai Rosen

Born in London in 1917, Shabtai Rosen is a professor of international law and the committee's oldest member. An expert on the law of the sea, he served with Britain's Royal Air Force during World War II and lectured in international law at the Royal Naval College. After moving to Israel, he served as legal adviser to the foreign ministry, and in 1960, became an ambassador. In the same year, he also won the Israel Prize for legal sciences and in 2004 he won The Hague Prize for International Law.

PANELIST: Amos Horev

A retired major general, 86-year-old Amos Horev has had a long career in the military and has held a number of senior posts in Israel's defence industry. Born in Jerusalem in the mid 1920s, Horev will provide the inquiry committee with military expertise. He is also the former head of the Technion, the Israel Institute of Technology.

OBSERVER: David Trimble (Northern Ireland)

Northern Ireland's most prominent Protestant leader, who underwent a radical transformation from hardliner into peacemaker, and was jointly awarded the Nobel Peace Prize after signing the 1998 Good Friday agreement.
The 65-year-old barrister cut his political teeth in the hardline unionist movement in the early 1970s. After 20 years in mainstream unionism, Trimble did the unthinkable and engaged in talks first with the Irish government and later with the IRA's political wing, Sinn Fein.
Following the Good Friday accord, the Nobel Laureate went on to become first minister of Northern Ireland. He stood down from the Northern Ireland Assembly in 2007, and joined Britain's opposition Conservative Party which swept to power last month.
On May 31, the date of the deadly raid, Trimble and other international figures launched the "Friends of Israel Initiative" -- a group seeking to counter attempts to "delegitimise" the Jewish state and defend its right to exist.

OBSERVER: Ken Watkin (Canada)

A former brigadier-general and judge advocate general (JAG), Ken Watkin has served as a legal adviser to the Canadian military in various capacities since 1982. Born in Kingston, Ontario in 1954, Watkin is a specialist in military justice and the law of armed conflict. After a long legal military career, he was appointed judge advocate general in 2006, during which time he provided legal advice to the governor general, the defence ministry and Canada's armed forces on military matters. He stepped down from that position earlier this year.
 
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