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How IDF legal experts legitimized strikes involving Gaza civilians
By Yotam Feldman and Uri Blau
Tags: gaza, israel news, hamas, IDF

The idea to bombard the closing ceremony of the Gaza police course was internally criticized in the Israel Defense Forces months before the attack. A military source involved in the planning of the attack, in which dozens of Hamas policemen were killed, says that while military intelligence officers were sure the operation should be carried out and pressed for its approval, the IDF's international law division and the military advocate general were undecided.

After months of the operational elements pushing for the attack's approval, the international law division headed by Col. Pnina Sharvit-Baruch gave the go-ahead. In spite of doubts, and also under pressure, Sharvit-Baruch and the division also legitimized the attack on Hamas government buildings and the relaxing of the rules of engagement, resulting in numerous Palestinian casualties. In the division it is also believed that the killing of civilians in a house whose residents the IDF has warned might be considered legally justified, although the IDF does not actually target civilians in this way.

Many legal experts, including former international law division head Daniel Reisner, do not accept this position. "I don't think a person on a rooftop can be incriminated just because he is standing there," he said.
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One reason for the international law division's permissive positions is its desire to remain relevant and influential. Sources involved in the work of the Southern Command said that its GOC, Maj. Gen. Yoav Gallant, is quite suspicious of legal experts and has a reputation of not attaching much importance to their advice. The Southern Command's legal adviser was not invited to consultations before the attack, and was compartmentalized when it came to smaller forums. It was actually during the action in Gaza that consideration for his opinions grew.

The legal addendum to Operation Cast Lead's order shows the way the IDF's legal experts legitimized the army's actions: "As much as possible and under the circumstances of the matter, the civilian population in a target area is to be warned," it states, adding "unless so doing endangers the operation or the forces."

The addendum orders commanders to be extremely cautious in the use of "incendiary weapons" (for example, phosphorus bombs), but does not prohibit their use: "Before using these weapons, the the military advocate general or international law division must be consulted on the specific case."

A source who served in the division in the past says it is "more liberal than the attorney general and the High Court petitions department." "The army knows what it wants, and pressure was certainly brought to bear when legal advisers thought that something was unacceptable or problematic," an operational military source said.

According to a senior official in the international law division, "Our goal is not to tie down the army, but to give it the tools to win in a way that is legal."

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      1.   Disgust. What a sick nation. 00:05  |  American 01/01/09
      2.   International law and Gaza. 00:21  |  Jean Van Daem 01/01/09
      3.   Unbelievable, So its true that the IDF is targeting Civilians? 00:47  |  Rasta 01/01/09
      4.   So the IDF were warned they might be committing a war crime? 00:48  |  JK 01/01/09
      5.   Hamas legal team? 00:36  |  Joseph 01/01/09
      6.   Convene an International War Crimes Tribunal to Judge Both Sides 00:52  |  Johan Odin 01/01/09
      7.   Johans odin 00:47  |  judith 01/01/09
      8.   2. Unbelievable but true 00:29  |  flimflam 01/01/09
      9.   Idiot Generals fail to realize IDF law is not International Law 00:30  |  Uri Levy 01/01/09
      10.   Wish you were here 00:37  |  Rights activist 01/01/09
      11.   Sounds just like the Bush Administration 00:12  |  W 01/01/09
      12.   #10 its most logical 00:44  |  Pierre 01/01/09
      13.   legitmizing the killing of innocent civilians! 00:47  |  A.Strom 01/01/09
      14.   Too bad.... 00:49  |  Jack 01/01/09
      15.   The reasons of November 00:52  |  Mark Lincoln 01/01/09
      16.   #13 The reasons of November 00:46  |  Pierre 01/01/09
      17.   GO AFTER EVERYONE ELSE! 00:48  |  danny 01/01/09
      18.   rasta NO why not ask someone to translate for you 00:06  |  x-ray 01/01/09
      19.   #15 00:28  |  Fred 01/01/09
      20.   About 95,000 civilians killed so far in Iraq 00:56  |  Free Gilad Shalit 01/01/09
      21.   Legal considerations are not relevent to Israel 00:04  |  American in NY 01/01/09
      22.   Try reading it again x-ray... 00:20  |  BBSNews 01/01/09
      23.   #19 booowoooo 00:36  |  Pierre 01/01/09
      24.   Simply Extraordinary! 00:27  |  Kevan 01/01/09
      25.   #1 "American?" 00:54  |  Moshe 01/01/09
      26.   Time To Cut Off Aid/ Boycot Israel 00:00  |  Meir 01/01/09
      27.   Re: free Gilad Shalit 00:03  |  Meir 01/01/09
      28.   So Easy (4th Geneva Convention, art#28) 00:49  |  The Observer 01/01/09
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      30.   How Hamas legitimized targeting Israeli 00:16  |  civilians 01/01/09
      31.   How Gazans rejoiced at terror acts against 00:17  |  Israeli civilians 01/01/09
      32.   How Allied Forces wiped out whole villages 00:19  |  in Afghanistan 01/01/09
      33.   How the Russians bombed out Grozny 00:20  |  to kingdom come 01/01/09
      34.   #3 Rasta - You have it backwards 00:59  |  *BEN JABO 01/01/09
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