The panel investigating last month's botched raid on a Gaza-bound flotilla will soon receive greater authority after its chairman, retired justice Jacob Turkel, told the government the committee could not do its job without expanded investigative powers.
Channel 2 television reported last night that Turkel even threatened to resign if his demands were not met. A spokesman for his committee, however, denied this.
Currently, the panel has a very limited mandate. It is only supposed to determine whether Israel's efforts to stop the flotilla from reaching Gaza accorded with international law, and whether the soldiers' use of force was proportionate. It has no power to subpoena witnesses and cannot draw personal conclusions against those involved in the raid.
Turkel, however, wants to turn it into a full-fledged governmental inquiry committee with real teeth. That would allow it to subpoena witnesses and documents, warn those who testify before it that the panel's findings could harm them, and hire outside experts in relevant fields.
The ability to issue warnings is necessary to enable the panel to draw personal conclusions against those involved in the incident; for instance, to recommend that certain officials be dismissed or denied promotion. Warnings also enable witnesses to be prosecuted for perjury if they are later found to have lied to the committee - though in reality, few investigative committees have ever recommended perjury prosecutions.
Feverish negotiations have been underway over the last few days between Prime Minister Benjamin Netanyahu, Justice Minister Yaakov Neeman, Defense Minister Ehud Barak and Turkel in an effort to find a formula that will satisfy the demands of both Turkel and the government. One of the biggest problems is that Barak refuses to let the panel question any Israel Defense Forces soldiers or officers aside from Chief of Staff Gabi Ashkenazi and Military Advocate General Avichai Mendelblit. Barak fears that soldiers will be reluctant to carry out missions if an inquiry panel can later penalize them for anything that goes wrong.
http://www.haaretz.com/print-edition/news/despite-wider-remit-soldiers-won-t-be-questioned-in-gaza-flotilla-probe-1.299057