| AG: IDF protocol does not permit shooting abducted soldier |
Military can act to prevent abductions, even at risk to victim, but cannot use deadly force on victim, says Attorney General Yehuda Weinstein, following inquiry by civil rights group • The Hannibal Protocol must meet international legal criteria, he says.
Edna Adato and Israel Hayom Staff
Attorney General Yehuda Weinstein | Photo credit: Lior Mizrahi |
The Israel Defense Forces' abduction prevention measures must follow international legal criteria and cannot entail the use of deadly force against the victim, Attorney General Yehuda Weinstein said Monday.
Weinstein was responding to an inquiry by the Association for Civil Rights in Israel requesting clarification on the military's Hannibal Protocol, which is designed to thwart the capture of Israeli security forces by enemy agents and allows commanders in the field to take whatever actions are necessary to foil such abductions.
The association petitioned Weinstein in August following the failed rescue attempt of Lt. Hadar Goldin, who was killed near Rafah during Operation Protective Edge in the Gaza Strip, and asked Weinstein to make the directives associated with Hannibal Protocol public. The Justice Ministry denied the petition, saying the protocol was classified. The ministry did, however, say the protocol had been recently revised following lengthy preparatory work by the military.
The directives, Weinstein said, do not suggest, directly or indirectly, that preventing a soldier's abduction entails using deadly force on the victim.
"We believe the directives exercised as part of this protocol reflect the proper balance of the various considerations intrinsic to such situations," his response said.
"A military operation meant to thwart an ongoing abduction attempt almost always entails placing the abductee in a certain amount of danger. Israeli and international law do not bar the actions necessary to prevent abductions, even if they may endanger the abductee's life, but nevertheless, the operational directives bar the use of deadly force meant to cause the abductee's death."
The military is still investigating the circumstances of Goldin's death, and Weinstein stressed Monday that the final decision on any future proceedings in the case falls to Military Judge Advocate General Maj. Gen. Danny Efroni.
"Exercising the authority vested him by the Military Jurisdiction Act, the judge advocate general has sole jurisdiction on the matter. His actions are independent and he is guided only by legal considerations," Weinstein said.
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