IDF to seek legal advice during future conflicts
Policy change comes after international criticism of IDF conduct during Operation Cast Lead in Gaza.
By Anshel Pfeffer Tags: Gabi Ashkenazi Israel news Gaza IDFIDF Chief of Staff Gabi Ashkenazi has issued an order requiring the Israel Defense Forces to consult with the army's legal advisers while military operations are underway and not just when they are being planned.
Ashkenazi imposed the stricter regulations despite opposition by several commanders, including members of the General Staff.
In making that decision, Ashkenazi has essentially accepted the viewpoint of Military Advocate General Avichai Mendelblit. However, in an effort to keep the legal advisers from disrupting the combat, the IDF has decided they will work only with the divisional headquarters while operations are underway - rather than with brigade or battalion headquarters, as is common in some Western armies, including the U.S. military.
During Operation Cast Lead and in some other major IDF operations, legal advisers took part in the planning as well as the selection and approval of targets for destruction. However, legal advisers were rarely consulted once the combat began.
Last winter's operation in the Gaza Strip saw a gradual change on this issue, but it was only in recent months that the chief of staff reached a definitive position.
Meanwhile, greater emphasis has been placed on training officers in the rules of war and international law, as part of officer training courses at the level of company, battalion and brigade commanders.
In recent months, the IDF and Foreign Ministry have been cooperating increasingly closely on their interactions with foreign government and international organizations regarding the IDF's efforts to ensure the legality of its operations and to carry out investigations on the operations after they are over.
As part of this effort, Mendelblit has traveled to Washington for meetings with officials in the Obama administration, and to the United Nations headquarters for talks with officials there.
Part of the Israeli effort is to formulate understandings with foreign governments and armies on legal regulations that pertain to asymmetrical warfare, particularly involving fighting non-state entities in areas populated by civilians - the kind of combat that has characterized the IDF's battles with Hezbollah and Hamas, and those of NATO armies in Afghanistan and Iraq.
In the wake of the release of the United Nation's Goldstone report accusing Israel and Hamas of war crimes during the Gaza war, as well as efforts to issue warrants abroad for the arrest of senior IDF officers and former ministers, some Israeli officials have said the international rules of war need to be changed to better reflect the realities of asymmetric warfare.
Legal advisers at the Foreign Ministry and the military advocate general's office have opposes such initiatives, saying it is unlikely that most countries would accept a reformulated Geneva convention.
However, efforts are being made to reach understandings with Western democracies and other countries, including India, to adopt what some call a dynamic interpretation of existing rules of war that would be better suited to the changing realities. Such rules would not restrict armies from countering the threat of terrorism because of concern that its officers or political leadership would be accused of war crimes.
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Military Advocate General Avichai Mendelblit and IDF Chief of Staff Gabi Ashkenazi. |
| Photo by: (Alon Ron / Dror Artzi) |
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They'd be asking everyday can we kill X amount of Militants which will cause XX amount of civilian deaths. If Israel was morally courageous they'd sit down at the diplomatic table and give the Palestinians a viable state instead of fighting as they say "Non-state entity's" forever If Israel were to give the Palestinians a state they wouldn't need to try and convince the rest of the world all the time of their morally subjective wars
and common decency is all that Israel really needs. But you don't acquire those traits overnight.
You're absolutely right.
Neither have lawyers or care about civilian casualties Israeli or Arab. The only obligation that the IDF has in the defense of Israel is to keep Jewish casualties as low as possible and still have operational success. A near perfect example was Cast Lead. 8 Years of rockets and Goldstone was nowhere to be found.
but he has stained it with his slanted report on Operation Cast Lead. No serious judge hears only one side of the evidence, or writes a decision based only on the witnesses of one side. He would never be appointed to the Israeli Supreme Court, or even to the District Courts.
Lawyers
See headline
The most moral military in the world tries to up grade it's stained image, and they object. Same folk who object to the ICJ Same folk who defend 61 years of illegally acquiring other folk's territory by war Same folk who defend illegal annexation, illegal settlements Same folk who deny the Geneva Conventions apply to Israel If they're an indication of it's attitude, there's no wonder there's so many UNSC resolutions against Israel
"No other country withers 8 year of bombardment before coming in with military responce" A) Which other country has illegally usurped other folk's territory for 61 years? B) No response in 8 years? You're joking. "When the world silently approved massive daily rocket barrages flying in Israel" More fantasy
... to be a military strategist, nor to serve us in that capacity... he is a law judge with an impeccable and reputation for conciliatory judgements... he helped South Africans emerge from the abysmal results of white supremacy... enabled them to avoid further decades of bitterness and recriminations, in order to build new lives together or side-by-side... would that Israel be blessed with a similar source of guidance...
was in question. In particular the actions of individual commanders during actual combat situations. Although putting 100 civilians in a house and then shelling that house should have been seen as immoral let alone illegal. Preventing Red Crescent to evacuate children huddle against the bodies of their dead mothers for five days was reprehensible let alone morally repugnant. And for those who say that Cast Lead was against terrorism, in fact some like to liken it to the West's fight against Al Qaeda (it isn't) the two incidents I quote which occured during Cast Lead have nothing to do with an anti terrorism operation. At long last Askhenazi is addressing these issues and he should be credited with trying to address war crimes in Gaza which occured during Cast Lead
... as long as he does not live there...
This is unreal. to empower a bunch of murderous goons to attack us with impunity.Lawyers .It will not deter terror, it will increase the threat to Israel, and make the battlefield more unsafe place.What are these "leaders" thinking?This is the direction of Holland and England, to protect the progression of Sharia Law Can't you see the clear danger of this type of thinking? I think Barak spent too much time in that burkha,and thought it was comfortable for Israelis
Cast Lead Hamas claimed everyone of their terrorist to be civilians and hadt their terrorist hide among innocent women and children to use them as shields. It seems its Hamas who needs legal, moral advice not the IDF. What the IDF needs is allies who want to fight terrorist not support them.
You reckon: 'The IDF`s job is to kill Jewkillers. What kind of lawyer do you need to do that.' How about: Hamas's job is to kill Arabkillers. What kind of lawyer do you need to do that? See how stupid it all gets Bob? The OneState binational solution is the only solution - and the quicker the better before any more like Bob turn up!
IDF did what was necessary to stop rockets with minimal losses to civilian life. The rockets flew for 8 years daily. Any attempt to smother IDF name for what they did is a Anti - Semitism. No other country withers 8 year of bombardment before coming in with military responce. More than that, Israeli politicians toured US and EU when the rate of rockets increased to near 100 / day during Christmas week of year 2008, in the hope of finding diplomatic solution. When the world silently approved massive daily rocket barrages flying in Israel, with US GosDep head Rice voicing support for rocket barrages from the step of US Capitol in open media Israel responded with force. It was day #7. Until that day no Israeli soldier engaged in Gaza in any hostile activities. The death of Arab babies is on her and Hamas' heads. How do Arab people tolerate these people?
since when has warfare been alegal exercise ?? if alawyer is going to take responsibility no action will be taken at all !!
Since Cast Lead Israel has vehemently denied that IDF broke or ever intended to break any rules or laws of war. So, why does Israel lobby to change the rules? What is it that Israel want to do that it has not already done?
It is encouraging to see that the IDF is taking its head out of the sand and moving away from its previous stated position of blanket denial of any wrong doing or short comings in its operations. The next important step to take is to have a real and independent internal system of dealing with transgressions of IDF troops. Only after becoming a nation of laws rather than theology or race can Israel truly lay claim to being the only democracy in the Middle East. So far few IDF personnel have been punished for Illegal acts committed during conflict and when they do they get a slap on the wrist if the victim is Palestinian because of this the IDF investigative process lacks credibility. The primary justification giving other states an ability to prosecute IDF personnel is the seeming unwillingness of Israel to investigate and prosecute IDF personnel themselves or even have an independent due process allowing the investigation and prosecution of ex ministers for war crimes if such crimes have been committed.
Why don't we just get a few games of battleship and have a playoff--that way no terrorists will get hurt. Somehow I suspect even that would result in anti-Israel protests.
Goldstone admitted that he thought long and hard about how Israel should have acted. He then came up with a lame suggestion that more ground troops should have been used. Thanks Richard, great suggestion. Can you imagine Israel going into Gaza city with massive infantry in urban fighting and what the world would say then? Many more Palestinians would be killed including innocent civilians, as well as many Israel soldiers. I suppose seeing an Israel soldier killed eases the pain for Richard? Can you imagine what the world would say when Israel does go into Gaza City and calls for all males between the ages of 14 and 40 to report to the "football stadium". Has the world not seen enough of what goes on at these types of gatherings? Islamic fanaticism has many collaborators and very few who are willing to take them on. There is a battle going on between Islam and the rest of the world. There are those who would prefer not to accept this fact and live with their heads up their a....s.
War crime according to the Geneva convention! Israel forgot a lot in its last years assault on Gaza! Israel when u are so war friendly why should your neighbours stop their rockets on you? Behave yourselves better and stop for goodness sake your illegal settlements in the west bank!Respect peace and stop using your stupid lethal weapons to prove your power!
Israel could easily do so by accepting a fair compromise on the 3 core issues of the Israeli- Arab conflict.....
Look at the condition of his war on terror.
... am sure he would regard it as a supreme honor to serve his own people...
You have got be kidding? Now we have Beinish and the rest of the jokers sitting in the Supreme court decide how to do war??? It's time for us to leave Israel - now I am really scared!!!!
... but actually heeding it... in defiance of messianic hotheads who heed only their own interpretation of deity...
File lawsuits against Iran, Gaza, Syria. Sue their military for not warning Israel of incoming Rockets.
You need to consult lawyers to decide whether or not it is a good idea to massacre hundreds of helpless individuals? How about not killing and maiming in the first place? Meshuge.
Strains credibility to think an Israeli panel would give objective advice on such a topic - and anyway, advice is not a ruling. And who among Israeli leaders pays more than lip service to legal rulings anyway?
over" their military commanders. Political Corectness would bring the West closer and closer to orthodox communism, one step at a time.
Had Lincoln, FDR and Truman played the lawfare game, slavery would still exist and the Nazis and Japanese militants would be governing the world.
enemy before he has a chance to do it to you. The greatest crime is to lose the war. The greatest shame is to surrender. War means total devastation of your enemies capacity to wage war. Why does the U.S. and other countries have large stores of chemical , biological and nuclear weapon if use of such weapons is a war crime? If it comes to national survival ALL weapons will be used regardless of the protests. Be assured that if Israel goes there will be no more Middle East.
Also get Public Relations advice from Publicity Agencies that handle people like Movie Stars and Politicians. You know. I've been reading through a lot of blogs regarding Israeli Policies. You people need to realize that some of Israel's strongest support comes from people with just 1/2 or 1/4 Jewish Background. That's a lot of people. Setting aside people that are entirely Jewish and protest Israeli Policies, let's look at something else. I think Israel should look at the way it is viewed by the rest of the World in terms of the Concept of Who's A Jew. You don't want to alienate some of your strongest supporters! It's just Common Sense!
Haaretz has already reported during and after the Gaza op that the IDF forces had legal advisors. It must have been Dershowitz. They need somebody that doesn't twist the law in order to let them do anything they like, as happened extensively during the Gaza op.
Well, what is Israel? A military-industrial complex..
Are Hamas and Hezbollah getting legal advice on kidnappings, murder and suicide bombings?
"IDF Chief of Staff Gabi Ashkenazi has issued an order requiring the Israel Defense Forces to consult with the army's legal advisers while military operations are underway and not just when they are being planned." Good Idea. But will it not cramp the style of the Israeli right?" "In making that decision, Ashkenazi has essentially accepted the viewpoint of Military Advocate General Avichai Mendelblit." - Haaretz What? The generals and politicians are not to be able to define what is legal? "Last winter's operation in the Gaza Strip saw a gradual change on this issue, but it was only in recent months that the chief of staff reached a definitive position. " - Haaretz Ah, so Cast Lead was the moral and legal disaster Justice Goldstone describe. "Meanwhile, greater emphasis has been placed on training officers in the rules of war and international law, as part of officer training courses at the level of company, battalion and brigade commanders. " - Haaretz Yup.
Then neither does Gaza have a right to shoot.
God!, you people are nuts!
The IDF's job is to kill Jewkillers. What kind of lawyer do you need to do that.
Oh give me a break. This goes beyond absurdity.
My advice would be to hire some lawyers from the Hague and not trust (any wing!) of Israeli lawyers! They seem to have too many interests to make an unbiased decision.
To try and somehow stop or defend against those rockets from raining on Israel the next time they start shooting them again. But dont wait to long, the children of Israel will be so scared to death in the meantime that they will most likely need psychiatrist help for the rest of their lives if something is not done soon.
Maybe yhey should just ask the UN if they have permission to defend themslves.