Every human being has the right to life, bodily integrity, dignity, personal security, and property. The military commander is obligated, as the occupying power, to allocate forces for the protection of the lives, bodies, and property of the occupied territory's residents and to prevent any assaults on them and harm done to them. The police and military are required to investigate and bring the assailants to justice.
These obligations are enshrined in Israeli law, in the Israeli military's regulations and orders, in International Humanitarian Law (the Hague Convention and Fourth Geneva Convention) and in international human rights treaties.
Despite this, and despite Israeli High Court rulings that stressed the grave importance of enforcing the law in the Occupied Territories and the duties of the military and police to this end, security forces have not been properly addressing this matter. Many complaints filed by Palestinians regarding damage to body and property are not adequately taken care of. For this reason, there is an even greater importance to the filing of complaints and the documentation of such incidents. Human rights organizations may be of assistance in this process.
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The occupying military is obligated to maintain order and security in the occupied territory. The military's supreme duty is to protect the lives, bodies, and property of the local residents and to prevent any assaults and damage to body and property. These duties are anchored in International Humanitarian Law, Israeli law, and army orders.
As part of these duties, the military must:
immediately open an investigation when receiving information regarding an assault
initiate military and police patrols, for the purpose of detecting such activities
act independently in order to locate the offenders
review each complaint and conduct a full investigation as soon as possible
act in order to bring the offenders to justice
take the necessary measures so that the violations will not be continued
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You can call military and police forces for help, and they are required to protect the victims, restore order, and investigate the event. You can reach the police by dialing the emergency number 100 from a cellular phone or by contacting the local police station. To reach the military forces in the area, you need to call the regional District Coordination Office (DCO).
At the scene, police officers are required to identify the suspects and, if the need arises, to detain or arrest them. The police are also authorized to confiscate objects that could be used as evidence.
Offenders being investigated by the police often tend to file complaints against their accusers. Therefore, it is important to document the incident in the most comprehensive and accurate way possible. The success of the investigation hinges upon the identification of the offender and the existence of evidence and testimonies. It is important to keep a copy of the documentation and also to provide the police with this documentation and the following details:
identifying details of the suspect: name, physical description, any other identifying marks, including of a vehicle driven by the suspect, whether you will be able to identify the suspect if presented to you
the time of the incident (date and hour)
the exact location of the incident
the full circumstances of the incident, including a detailed description of any injuries and damage done (it's best to also visually document these). You should note if any armed persons were involved in the incident and identify them to the best of your ability
note the conduct of military and police forces present at the location (did they intervene or not to protect the victim and how they treated the assailant)
were there any other witnesses to this incident, including soldiers and police officers
any additional evidence held by other people or in other places
photographs or videos of the incident, the suspects, and/or the damages that occurred thereof
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If military or police forces arrive at the scene but do not take action to prevent the offense and/or to detain the assailants, you should urgently report this to the regional District Coordination Office (DCO)
Document the event visually or in writing, for the purpose of filing a complaint; try to find out any identifying details of the soldiers and/or police officers
Complaints against soldiers regarding lack of intervention and/or wrongful intervention should be filed with the DCO's humanitarian hotline and/or to the Investigation Unit of the Military Police. In the case of a severe incident, in which several soldiers were involved, it is recommended to send copies of the complaint to the Chief Military Advocate General, to the legal adviser of the Judea and Samaria Division, and to the commander of the military forces in the West Bank. You can always contact human rights organizations, which offer assistance in contacting these authorities
Complaints against police officers regarding lack of intervention and/or wrongful intervention: If the police did not respond to the call, or police forces failed to arrive or arrived only after a long period of time, you are entitled to file a complaint with the commander of the Judea and Samaria District of the police
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In order to promote a police investigation and criminal proceedings against those responsible for the harassment or assault, a complaint should be filed with the police immediately after the end of the incident
The success of the investigation depends on identifying the offender and on police having evidence and conclusive testimonies regarding the offense. Therefore, it is important to remember to keep all the documentation and details you have and to provide them to the police
When the complaint is related to the invasion of private real estate (land or house), it is recommended that it be filed by the owner, and that documents proving the owner's rights to the land are attached to it
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Under the Rights of Offense Victims Law, you are entitled to have those handling your complaint and the relevant proceedings treat you with consideration, maintain your dignity, protect your privacy, and undertake the process within a reasonable period of time. You are entitled to receive an explanation regarding the stages of the criminal process and how a complaint is managed
Under the Rights of Offense Victims Law, if you are the victim of a violent offense, you have the right to have another person accompany you while giving your testimony. You can use the assistance of human rights organizations for this purpose
You have the right to have your testimony taken and written down in Arabic
Before signing the testimony at the police station, as to read it as it was written or to have it read to you
Request a written confirmation of the filing of the complaint
Keep a copy of all documentation provided to the police and of the main elements of your testimony
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Under the Rights of Offense Victims Law, you are entitled to receive information regarding the stage of the criminal process in which the investigation of the offense is found. The investigating officer is required to explain to you how you can receive this information and to provide you with a password, with which you can stay updated regarding the state of your complaint
The phone number for updates regarding complaints is: 02-5017030 (Sunday-Thursday, 8 a.m. to 4 p.m.). You can request the assistance of human rights organizations or a private attorney for the purpose of following-up on the complaint
Once the investigation or the treatment of the complaint are concluded, police are requires to inform you of the decision made regarding your complaint, i.e. whether it was decided to bring the responsible persons to court
If you did not receive an update regarding your complaint after a reasonable period of time, you may contact (preferably in writing) the relevant police station
If you received an update that the case was closed, you have the right to appeal this decision
For the purpose of submitting your appeal, you are entitled to request to review the case file and the evidence
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If you encountered difficulties in filing the complaint with the police and/or degrading treatment by police officers, you may file a complaint against the officer or police station.
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Here you will find a list of addresses to turn to in cases of such violations.
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