영문탄원서

목차

-Draft –

Petition for Order Nisi

Request for Expedited Hearing

The grounds for the petition are as follows

Factual background

Circumstances of the deaths of eight Palestinian civilians as to whom request for investigation was made

Death of Amjad \'Abd al-Hadi Jabbur

Death of Nidal ‘Abd a-Rauf Abu Makhsin

The death of Fatma Abu Thaher

Death of Fatma Zaqarneh and her two children, Abir and Basel

Death of Taher ‘Abdu

Death of Rami Abu Shab

Requests submitted by the Petitioners

Legal argument

Respondent’s policy regarding opening Military Police investigations

Opening investigations in a combat situation

Technical difficulties

Reliance on the operational debriefing

Authority to order criminal investigation pursuant to the Military Justice Law, 5715 – 1955

Considerations regarding law enforcement

The right to life in Israeli constitutional law

International human rights law

International humanitarian law

The right to life and duty to investigate cases of death

본문내용

A petition for order nisi is hereby filed to direct the Respondent to show cause:
1.Why he does not order a Military Police investigation into the circumstances of the deaths of Amjad ‘Abd al-Hadi Jabbur, Nidal ‘Abd a-Rauf Abu Makhsin, Fatma Abu Thaher, Fatma Zaqarneh and her two children, ‘Abir and Basel, Taher ‘Abdu, and Rami Abu Shab, who were killed during IDF actions in the Occupied Territories;
2.Why he does not order a Military Police investigation in every case in which he is informed of the death of a Palestinian who did not take part in the hostilities, in the course of IDF operations in the Occupied Territories, and conduct the investigation within a reasonable time after the incident occurs.
Request for Expedited Hearing
1.This petition involves the duty of the Respondent to order a Military Police investigation in cases of the deaths of Palestinian civilians who are killed in the course of IDF operations in the Occupied Territories.
2.The conduct of a complete and thorough investigation in cases of death requires the collection of evidence and questioning of eye witnesses, including the questioning of IDF soldiers who were involved in the incident. To enable an efficient investigation that will ultimately disclose the truth, the investigation must be conducted as soon as possible after the incident.
3.The Palestinian civilians whose deaths are the basis for this petition were killed in incidents that took place between May 2002 to May 2003. Regarding five of these persons, it was decided not to open a Military Police investigation. As for the other three persons, Petitioner 1 sent a request to the Respondent as soon as possible after the three died. To date, Petitioner 1 has not been informed if a Military Police investigation has been opened to determine the circumstances of these deaths.

키워드

레포트,   사회과학,   탄원서