Khalil al-Mughrabi was an 11-year-old
Palestinian
Palestinians ( ar, الفلسطينيون, ; he, פָלַסְטִינִים, ) or Palestinian people ( ar, الشعب الفلسطيني, label=none, ), also referred to as Palestinian Arabs ( ar, الفلسطينيين العرب, label=non ...
boy who was killed while resting with friends after a game of soccer in
Rafah
Rafah ( ar, رفح, Rafaḥ) is a Palestinian city in the southern Gaza Strip. It is the district capital of the Rafah Governorate, located south of Gaza City. Rafah's population of 152,950 (2014) is overwhelmingly made up of former Palestinian ...
on 7 July 2001, by shots fired from an
Israel Defense Forces
The Israel Defense Forces (IDF; he, צְבָא הַהֲגָנָה לְיִשְׂרָאֵל , ), alternatively referred to by the Hebrew-language acronym (), is the national military of the Israel, State of Israel. It consists of three servic ...
(IDF) tank. Two of his companions, aged 10 and 12, were also seriously wounded. This incident took place during the
Second Intifada
The Second Intifada ( ar, الانتفاضة الثانية, ; he, האינתיפאדה השנייה, ), also known as the Al-Aqsa Intifada ( ar, انتفاضة الأقصى, label=none, '), was a major Palestinian uprising against Israel. ...
.
The Israeli Army said immediately that their forces had been attacked and that they had returned fire.
Palestinian sources and a friend of Khalil said they were part of group throwing stones at Israeli troops when al-Mugrahbi was killed.
A later investigation by the chief military prosecutor found that the clashes that had involved Palestinians throwing stones and grenades at Israeli soldiers had broken up at noon, and that al-Mughrabi was killed at 7 P.M, seven hours after the clashes.
The investigation found that, later in the evening, Palestinian adults and children had attempted to seal a road with debris and barbed wire, drawing warning shots from an Israeli tank, with one shot evidently killing al-Mughrabi, who had been playing football in a field a half mile away.
Despite having determined that the circumstances "must dictate a military police investigation", the military prosecutor cleared the soldiers of wrongdoing on the grounds of the violence that had taken place earlier in the day.
An independent investigation by the Israeli human rights group
B'Tselem
B'Tselem ( he, בצלם, , " in the image of od) is a Jerusalem-based non-profit organization whose stated goals are to document human rights violations in the Israeli-occupied Palestinian territories, combat any denial of the existence of su ...
said that the Israeli army's investigation of the incident amounted to a whitewash, calling the investigation "shallow and superficial" and that the actions by the Judge Advocate General "raises a serious concern that lying is considered legitimate practice in the office of the Judge Advocate General."
Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...
, commenting on the army's failure to investigate the al-Mughrabi case further, noted that in international law, the governing principle where there is credible or
prima facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
evidence of a possible violation of international humanitarian law is that an investigation is required.
Incident
The incident occurred on 7 July 2001, in the Yubneh
refugee camp
A refugee camp is a temporary settlement built to receive refugees and people in refugee-like situations. Refugee camps usually accommodate displaced people who have fled their home country, but camps are also made for internally displaced peo ...
, located on the outskirts of the city of Rafah, in the southern Gaza Strip near the
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
ian border. At the time a ceasefire agreement, drawn up by
George J. Tenet
George John Tenet (born January 5, 1953) is an American intelligence official and academic who served as the Director of Central Intelligence (DCI) for the United States Central Intelligence Agency, as well as a Distinguished Professor in the P ...
, the American director of the C.I.A., was supposed to have been in effect from the preceding June 13. In the interim 9 Israelis had died, and al-Mughrabi was the 17th Palestinian victim.
The Israeli army reported that Palestinians had thrown 26 grenades and four gasoline bombs at troops in Rafah over the course of the day. The spokesman for the Israeli army said that the troops had fired back following these attacks. In another incident, two Israeli soldiers were lightly injured when a roadside bomb exploded near the village of
Asira ash-Shamaliya
Asira ash-Shamaliya ( ar, عصيرة الشماليّة) is a Palestinian town in the Nablus Governorate, located 3.5 kilometers north of Nablus in the northern West Bank. According to the Palestinian Central Bureau of Statistics, the town had a ...
.
[Palestinian boy shot dead in Gaza]
BBC News. 8 July 2001 The IDF spokesman said "dozens of Palestinians were rioting next to Rafah and endangering the lives of the soldiers... The soldiers acted with restraint and moderation and dispersed the rioters by using means for dispersing demonstrations, and by means of live gunfire into an open area distant from the rioters."
[Hass, Amira]
What do an outpost, a Palestinian child and a pacifist have in common?
Ha'aretz
''Haaretz'' ( , originally ''Ḥadshot Haaretz'' – , ) is an Israeli newspaper. It was founded in 1918, making it the longest running newspaper currently in print in Israel, and is now published in both Hebrew and English in the Berliner f ...
. 10 May 2010 A friend of al-Mughrabi reported that the two of them had been among the group of stone throwers at Israeli troops. Palestinian sources he had been throwing stones when he was killed.
The army reported that to disperse the attacking crowd, "live gunfire into an open area distant from the rioters" and that the army had no evidence that anyone had been injured.
None of the essential facts in the army's initial account were true.
A later internal investigation by the Israeli army determined that no attacks had taken place during the time range that al-Mughrabi was shot and killed. Colonel Einat Ron, the military's chief prosecutor, found that at 7 P.M, when al-Mughrabi had been playing soccer with his friends in a field, no grenades or stones had been thrown at Israeli troops. Nonetheless, Israeli troops opened fire from a heavy tank-mounted machine gun.
[Are Israelis off hook in slaying?]
Associated Press
The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
. 13 November 2011 The report found these shots were in response to an attempt by Palestinians to block a road while an Israeli army vehicle was leaving the town. Soldiers on an Israeli tank fired warning shots at this group. Ron's report determined that these shots violated army regulations due to their having been fired from a long-range heavy weapon and because the shots had been aimed near children. Her report stated that the shots were fired at a time "when no grenades were thrown, and it is doubtful that the force felt its life was in danger."
One of the bullets from the tank fire struck al-Mughrabi's head and killed him.
[Greenburg, Joel]
Death of a Child: How Israel's Army Responds
The New York Times. 13 November 2001
The Israeli report offered three conflicting options. The first was to begin a military investigation into the suspected unlawful fire, the second to clear the soldiers on account of violence that had taken place earlier in the day, and the third to issue disciplinary measures without a criminal investigation. Col. Ron chose the second option, clearing the soldiers of any wrong doing. In a letter to B'Tselem, Ron stated that "Under the circumstances we did not find that there is suspicion of criminal behavior by soldiers, nor justification for starting a criminal investigation." B'Tselem's research director said of the letter that "it indicates that lying is legitimate in the military prosecutor's office in order to protect the troops."
[
The report by Ron discussed why it would be difficult to clear the soldiers of wrong-doing. Among the reasons the report gives for why it would be is the "gravity of the deviation" and the "results of the event".][ The report says that a "serious deviation from obligatory norms of behaviour" occurred.][ Ron's report stated that "An 11-year-old boy who was innocently playing football was killed", adding that "even if this is a 'slight' deviation, the consequences make it imperative that a military police investigation be conducted",][ though the letter sent by Ron to B'Tselem said that she did not believe that an investigation was warranted. She provided no reason for the contradicting views expressed.][Barzak, Ibrahim]
semissourian.com, 14 November 2001
B'Tselem investigation
B'Tselem, requested that the Israeli army provide information regarding the investigation. Col. Ron sent B'Tselem a letter in which she stated that the circumstances merited no criminal investigation. However, the letter was, apparently inadvertently, accompanied by the military's records of the internal investigation.[ B'Tselem released the internal documents along with its report on the incident, titled ''Whitewash: The Office of the Judge Advocate General's Examination of the Death of Khalil al-Mughrabi, 11, on 7 July 2001''.][
According to B'Tselem's report, twenty to thirty children were playing in the Yubneh Refugee Camp that afternoon. The children reportedly saw an Israeli tank moving towards the Gitrit military encampment around 5PM. al-Mughrabi arrived at the site at 5:30 PM with a friend, 13-year-old Suleiman al-Akhras. The two of them played soccer in the field until 6:45 PM. After the children had finished playing many sat near mounds of sand near the border fence, among them al-Mughrabi. At 7:10 PM, al-Mughrabi was shot in the head.][
The children reported that the shots had come from the observation tower of the Gitrit encampment, approximately one kilometer from where the children had been playing. More shots were fired at the children, wounding another two children. Ibrahim Kamel Abu Susin, 10, was shot in the stomach and Suleiman Turki Abu Rijal, 12, was shot in the left leg. al-Mughrabi was evacuated by the civilians who had arrived on the scene. An ambulance took the two wounded children to the hospital.][
The following testimonies were collected by B'Tselem:
Suleiman Abu Rijal had to have his left testicle amputated as a consequence of the thigh wound.] The B'Tselem field investigator, Nabil Mukhairez, added that the bullet entered the top of Khalil’s head and came out the bottom, and was fired at a distance of roughly 1 kilometre from the Tel Zu’arub tower.[
]
De-briefings by IDF
The incident occurred within the military designation zone of the 424 infantry battalion
A battalion is a military unit, typically consisting of 300 to 1,200 soldiers commanded by a lieutenant colonel, and subdivided into a number of companies (usually each commanded by a major or a captain). In some countries, battalions are ...
of the 84th "Giv'ati" Infantry Brigade, IDF's 366th (Reserve) Armor Division, Israeli Southern Command
The Southern Command ( he, פיקוד דרום, transliterated: ''Pikud Darom''), often abbreviated to Padam (פד"מ), is a regional command of the Israel Defense Forces (IDF). It is responsible for the Negev, the Arava, and Eilat. It is curren ...
.
According to Holi Moshe, Major Operations Directorate
The Israeli Operations Directorate (, ''Agaf HaMivtza'im'') is a branch in the General Staff of the Israel Defense Forces, established in 1999, alongside the regional commands, the air force and navy. Since June 2021, it is headed by Aluf .
Tasks
...
Officer of Division 6643 and the Summary of battalion and brigade
A brigade is a major tactical military formation that typically comprises three to six battalions plus supporting elements. It is roughly equivalent to an enlarged or reinforced regiment. Two or more brigades may constitute a division.
Br ...
commanders' de-briefings dated 14 July 2001: "It is impossible to unequivocally determine that the child was killed by our forces' gunfire."
According to the Opinion of the Israeli Southern Command Judge Advocate, Baruch Y. Mani, Lt. Colonel, dated 29 August 2001:(A) It appears that tank fire was used as warning shots, which the regulations prohibit. The de-briefing itself specifies that the tank fire was a mistake (for reasons unrelated to the regulations). There was no mention of what measures, if any, were taken with regards to this shooting.(B) The de-briefings mention that warning shots were toward the children. The regulations do stipulate that no warning shots should be fired to get children away from restricted areas on roadsides (section 19 of the Ahuda icRegulation).
(C) It appears that the IDF response given to the press, claiming that there was no use of heavy weapons, was wrong.
Einat Ron, Colonel Israel's Chief Military Prosecutor wrote to B'Tselem stating: "...we have not found any suspicion of criminal behavior on the part of the IDF soldiers, or that there is a just cause to open an investigation."[Whitewash: The Office of the Judge Advocate General's Examination of the Death of Khalil al-Mughrabi, 11, on 7 July 2001]
B'Tselem.org, 13 November 2011.
Chris McGreal’s investigation
Chris McGreal
Chris McGreal is a reporter for ''The Guardian''.
He is the author of ''American Overdose: The Opioid Tragedy in Three Acts'' published by Public Affairs in the US and Guardian Faber in the UK.
Career
McGreal is a foreign correspondent for ''Th ...
used the Khalil al-Mughrabi case to illustrate an article which tried to address the phenomenon, widely attested, of many Palestinian children being shot by Israeli snipers over a brief period. Half of the estimated 408 Palestinian minors who had been killed since the second Intifada three years earlier had died in the Gaza Strip, and most of those, according to McGreal, were shot at just two refugee camps, Khan Yunis
Khan Yunis ( ar, خان يونس, also spelled Khan Younis or Khan Yunus; translation: ''Caravansary fJonah'') is a city in the southern Gaza Strip. According to the Palestinian Central Bureau of Statistics, Khan Yunis had a population of 142,6 ...
and at Rafah, where Khalil died. In just ten weeks in 2003 McGreal instanced six similar cases in that area: Haneen Suliaman, an 8 year-old girl, had been killed by an IDF sniper’s headshot while strolling out to buy a packet of crisps; soon after Huda Darwish, a 12 years old girl, was shot in the head while at her desk at school and left blind for life; a boy Abdul Rahman Jadallah, who attended Suliaman's funeral, was then shot under the eye after attending the funeral of a Palestinian fighter the next day - among a group of kids, he stood forth and hung a Palestinian flag on a fence, and was shot in the face; Ali Ghureiz, 7 years old, was shot in the head, below his left eye, outside his house in Rafah; Haneen Abu Sitta, aged 12, was killed while walking home from school near a Jewish settlement fence in southern Gaza; Nada Madhi, aged 12, took a bullet in the stomach and died, after leaning from her bedroom window in Rafah to watch a funeral procession for another child that had just been killed.
Khalil al-Mughrabi’s death, he noted, had been investigated by B'Tselem, whose study documented a discrepancy between the IDF's public pronouncements and what their internal investigations had uncovered. The chief military prosecutor, according to McGreal, covered various false scenarios that might be passed on to B’Tselem. He therefore sought an interview with an IDF source in the area concerned in order to go over all these episodes and find, even if from an anonymous source speaking off the record, an explanation of why these incidents were recurrent under that command. An Israeli officer subsequently did discuss these cases with McGreal and in the end conceded that some degree of fault existed in most of these cases of children being shot. He concluded however that, 'I remember the Holocaust
The Holocaust, also known as the Shoah, was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe; a ...
. We have a choice to fight the terrorists or to face being consumed by the flames again.'[ McGreal Chris]
'I can't imagine anyone who considers himself a human being can do this,'
The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
, 28 July 2003
Aftermath
Immediately following the shooting of al-Mughrabi, Hamas
Hamas (, ; , ; an acronym of , "Islamic Resistance Movement") is a Palestinian Sunni-Islamic fundamentalist, militant, and nationalist organization. It has a social service wing, Dawah, and a military wing, the Izz ad-Din al-Qassam Bri ...
spokesman Abdel Aziz al-Rantisi
Abdel Aziz Ali Abdul Majid al-Rantisi ( ar, عبد العزيز علي عبد المجيد الحفيظ الرنتيسي; 23 October 1947 – 17 April 2004), nicknamed the "Lion of Palestine" was the co-founder of Palestinian Sunni-Islamic org ...
was quoted in ''The Guardian
''The Guardian'' is a British daily newspaper. It was founded in 1821 as ''The Manchester Guardian'', and changed its name in 1959. Along with its sister papers ''The Observer'' and ''The Guardian Weekly'', ''The Guardian'' is part of the Gu ...
'' as vowing to send ten suicide bombers against Israel to avenge the Israeli army’s killing of Khalil Mughrabi in Rafah.[Harel, Amos]
Mine kills soldier in unarmored jeep
Ha'aretz. 17 July 2001
Associated Press. 9 July 2001 In an essay on sacred violence, Jan Willem van Henten cited Rantisi's declaration, and argued that, while calls or justifications for acts of revenge often use Islamic religious language, more often than not the real purpose is political, and that the evidence he has examined shows that 'retaliation for Israeli killings of Palestinians is a prime motive for launching suicide attacks celebrated as martyrdom.'[
Abdel Razek Majaidie, then head of Palestinian Security in Gaza, called the killing "another crime" by Israel, adding that it violated Israel's declared ceasefire. Al-Mughrabi was the 17th Palestinian killed following a United States brokered truce between the Israelis and Palestinians. Nine Israelis had been killed in that same time period.][ A panel led by George Mitchell urged Israel to resume military investigations into fatal shootings by soldiers, which had no longer been standard procedure.][
B'Tselem, upon releasing the Israeli Army's records of the internal investigation, said that "the military cleared the soldiers who caused the death of an 11-year-old Palestinian boy, covered up the incident, refrained from opening an investigation by the military police, and issued a false statement regarding the circumstances of the death". B'Tselem further stated that the actions by the military prosecutor's office in clearing the soldiers "raise grave concern that cover-ups and falsifications are considered acceptable practice by the Military Advocate General's (prosecutor's) office". B'Tselem spokeswoman said that "We have a very clear feeling that the military is trying to avoid opening an investigation of Palestinian civilians killed by soldiers." The Israeli army responded to the accusations from B'Tselem by saying that the army investigates soldiers accused of violations and that "The fact that legal documents have reached the public is proof that the army is investigating such cases all the time."
On 5 August 2003 one refusnik, Shimri Tzameret, explained to a military court why he had declined to perform his duties in the IDF. His defense consisted in recounting the impact which the B'tselem account of the incident and the following cover-up had made on him.][
Early in the following year, Sara Leibovich-Dar wrote of a string of cases like the al-Mughrabi episode where initial IDF reports denying that well-verified incidents ever took place turn out to be false. She cited the southern district prosecutor, Brigadier General Baruch Mani's determination that the army's statement to the press regarding al-Mughrabi, claiming that no heavy weaponry was used, was incorrect.][Sara Leibovich-Da]
"Half-truths and double-talk continued"
''Haaretz
''Haaretz'' ( , originally ''Ḥadshot Haaretz'' – , ) is an Israeli newspaper. It was founded in 1918, making it the longest running newspaper currently in print in Israel, and is now published in both Hebrew and English in the Berliner f ...
'', 23 January 2002.
The prosecutor, Einat Ron, retired from the army. In 2007, she became a judge in the Petah Tikva
Petah Tikva ( he, פֶּתַח תִּקְוָה, , ), also known as ''Em HaMoshavot'' (), is a city in the Central District (Israel), Central District of Israel, east of Tel Aviv. It was founded in 1878, mainly by Haredi Judaism, Haredi Jews of ...
Magistrate's Court.[
]
See also
References
{{DEFAULTSORT:Mughrabi, Khalil al-
2001 deaths
Children in war
Palestinian casualties in the Second Intifada
Palestinian children
People from the Gaza Strip
Year of birth missing