MESS Report / Gaza war probes are changing Israel's defiant ways
Israel's approach to dealing with violations of the laws of war during Operation Cast Lead has shifted radically since the fighting ended a year and a half ago.
By Amos Harel Tags: Israel news IDF Gaza warIsrael's policy on how to deal with violations of the laws of war during Operation Cast Lead in the Gaza Strip has undergone a radical change during the year and half since the fighting ended. In the meantime, it seems, Israel has paid the full price for its original position without managing to reap any significant profits from its turnabout.
Right after the fighting ended, the Israel Defense Forces' approach was that everything done in Gaza was completely proper. Violations by individual soldiers, if they occurred at all, were very rare, and in any case, things like that happen in wartime.
The IDF's internal probes were also begun with a feeling there was no need for haste. The message that trickled down from the top, even if never stated explicitly, was that it was better to keep the probes low profile and avoid legal action whenever possible. If we don't say anything, the theory went, it will all blow over.
Testimony that contradicted the official line (such as that given by graduates of the Rabin premilitary academy and soldiers who spoke to the Breaking the Silence organization ) was publicly denounced as lies that aid the enemy. The United Nation's Goldstone Commission - which Israelis, with considerable justice, suspected from the start of blatant bias in the Palestinians' favor - received no official cooperation from Israel.
But international criticism of the Gaza operation just kept growing, reaching its crescendo with publication of the Goldstone report. In response, Israel changed its tune.
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IDF soldiers in Gaza during Operation Cast Lead. |
| Photo by: IDF Spokesman |
Many of the army's operational probes, which had been completed in the interim, were followed by criminal legal proceedings or at least disciplinary action against officers and soldiers involved in problematic incidents. The Foreign Ministry and the IDF were also careful to send periodic reports to the UN that detailed the steps Israel had taken since the last report. The latest of these bulletins was sent off on Tuesday.
Now, the time has come for the next, predictable, episode of this saga. Just as happened during the first intifada (and, to a lesser degree, during the second as well ), officers are growing increasingly frustrated with the intensive legal scrutiny of their actions. The military prosecution and the military police are just doing their assigned job, but many field officers feel as if the job is being done with excessive diligence, with no concern for the toll it takes on them.
A few weeks ago, Army Radio reported some astonishing statistics: The Military Police have thus far questioned more than 500 officers and soldiers who took part in the Gaza operation. Those questioned included almost every battalion commander involved in the fighting, and some of these commanders have been questioned around 10 times already. One division commander and one brigade commander have already been reprimanded, and another brigade commander is still under investigation for the accidental killing of 21 civilians in an aerial attack on Gaza City.
In conversations with battalion and brigade commanders in recent weeks, the following allegations have been heard repeatedly: Officers are being harassed by a plethora of interrogations that have no justification. Reports on the steps that have been taken, including indictments or the opening of investigations against senior officers, have been given to the UN and the media even before the army itself is informed. And the changes now being ordered in the IDF's combat doctrine have not been sufficiently explained to the troops.
These are all serious allegations. The IDF's high command must address them thoroughly if it wants to prevent a crisis of motivation among the troops on the front lines.
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The good people of Israel are showing a "well maybe we killed innocent people and white phosphorus shouldn't have been used" acceptance of Goldstone's findings. Of course Hamas did worse, even though most observers report that they hid. Alan Dershowttz owes Norman Finkelstein an apology for his refusal to acknowledge even one war crime by an Israeli soldier.
Really? These people have been questioned a lot? Questions? How do they cope. I mean, I would much rather be burnt to the bone, shot at, humiliated, used as a human shield, run over with a bulldozer, drowned in a tidal wave of sewage, starved, desperate for clean water, filled with flechettes, bombed, homeless, desperate and also having to deal with Hamas than having to face questions! The courageous IDF! Not only can they face down stones with the world's most advanced weaponry, drop explosives in a ration of 200 tons for every kilogram the Palestinians use and shoot civilians carrying white flags, bomb schools and hospitals and jail people for getting shot. But they can face questions too. What amazing people! Oh wait, I think I hear the clatter of keyboards accusing me of being anti-semitic. For one, arabs are semites. For two, get over yourselves, I call injustice when and where I see it!
Shame hamas won't recognize any laws or ethical behavior so just keep blaming Israel
I am wondering if the soldier has been brought to justice who killed Souad (aged 9) and Amal (aged 3), and paralyzed Samar (aged 5) of the Abed Rabbo family while they were lined up and held white flags.
as usual, the politicians cowar, and are willing to sacrifice their troops in order to be able to travel the world. these cowards fear the corrupt un, the anti-israel eu, and the present, hostile us administration. netanyahu, barak and the "independent" mandelblit all lack backbone. they are paper pushers, subserviant and scared of their own shadows. they are all following a script written by a few internationalists like goldstone and obama at the expense of israel's security.
Cipora, what you are up against is a failure of leadership. US troops have learned to exist under scrutiny of even a hostile press by being professional with officers and NCOs who have learned to lead properly. There is no reason for leaders and politicians to tolerate war crimes. And there is no reason for officers and leaders to suggest to the troops that they can commit them with impunity.
It seems you maintain your attitude that rules that apply to everyone else don't apply to Israel, and the fact that an action helps Israel makes it right.
There is no reason why Israel should do more than any other democratic state in the world to investigate so-called 'innocent people deaths during a war action' First show us a more righteous state, then we shall do as "good" as they do
I actually don't disagree completely. I favor indictments against the Barak, Livni, and Olmert a long with the top generals. The Hague would be the perfect venue for a trial.
should still be illegal and a crime
What? You mean to say that Goldstone is no longer a self-hating Jew and his associates no longer rabid anti-Semites? I am now beginning to worry about the Turkish "flotilla". Will you soon be saying that the passengers were not real terrorists and that Erdogan had reason to be angry with Israel because of the treatment of the Gazans? You can't just leave us dangling in the wind! Stick to your guns and we will keep saying Amen.
Unless and until you get over the idea that any and all criticizm of Israel is not motivated by "anti-semitism," Israelis will continue to lose friends all over the world. Your arrogance and hubris combined with irrational fear of friends who wish to help the State of Israel is beyond belief. There are Jews who are people and then there are Jews who are "the chosen people," stuck in their delusions.
...who thought he was "chosen" in the way you describe
in another post elsewhere you told a "mohammed" that he had a false prophet. don't tell me that you, adherent to the true god, and chosen by the true god, don't believe accordingly. but don't let me interfere in your conceits
Dude, he was being sarcastic. His comment was lost on you.
Rockets fired indiscrinantly at Israel are acceptable to the world but Israel's possible indiscriminations are not. Israel may view that as unfair. I do not. The mission of Judaism is to be light unto the world. Clearly the candle has gone out. Jews must be better and show the way. The troops must understand that.
the last 5 articels about israel i read at german mainstream site DER SPIEGEL, told s.th. that "Haaretz reported ....". i guess its one of the best israeli news with yedioth achronoth.
Transparency is a sine quo non. The problem with some of the Laws of War is that they weren't meant for the war on terror. Hamas should not have operated from a densely populated civilian area, but they did and that left Israel little choice but to attack Hamas and accept that human shields would be killed as well. 900 Hamas militants plus 400 civilians killed is tragic, but 7,000 missiles over six or seven years and 1,250 civilians killed by suicide bombers is also tragic.
It is only arab-hatred people can see little choice but to kill 400 civilians and many many more injured... BTW, 1250 killed over six seven years... is nothing by any measure...
It was not long ago where Israel showed how much they had changed. They killed 9 humanitarian workers in cold blood.
In cold blood? Not from the footage I saw. Perhaps you rely too much on Al-Jezeera and your buddy Osama Bin L for your info?
But don't let that stop your rant
Many of the people who post here (and some of Haaretz's writers) will hate us no matter what we do, but that should not stop us from doing what is right just as the fact that Hamas regularly targets Israeli civilians and uses Pal civilians as human shields does not justify everything we do. The rules of war are dynamic and changing and even though we often go out of our way to protect civilians there are times when we don't and when those things occur we need to investigate them and prosecute wrong doers. Cleraly, using zarhan (phosperous) in civilian areas is wrong and should be stopped. While the Durson's/Gidon Levi's and Amira Hess's of the world will never accept anything we do to defend ourselves, most people aren't motivated by hatred of Israel and understand that we face a cruel enemy bent on our annihilation and they will back us if we act reasonably.
we either have or don't have a problem.if we do have one,no matter how complex and hard,we have to solve it,or at least try.if you tell me that arabs are 100% of the problem,and we have absolutely no share in it,and britain had no share,and the u.s. has none,then i can only say keep well.and may that apply to long future generations.
i have news for you: lots of the voices of criticism, here and elsewhere, come from inside Israel. they are very much part (the better part) of the "us" and "we" you care about
the Goldstone commission also claimed possible war crimes on the Hamas side...can't wait for their changes to war doctrine, indictments of soldiers (if that is what they are called..) and steps to avoid civilian casualties in the next confrontation....
either u r better than france or u r better than south-africa. what ever u like. and the world will share ur point of view. because ur actions shows how u see urself.
So, there was some truth to the Goldstone Report after all. How about an apology for the character assasination to smear and discredit him.
Goldstone deserves no apology whatsoever. The report stated that Israel deliberately target Palestinian civilians
care to provide some credible evidence of how the goldstone report was biased/wrong/etc? i hear that claim but never a shred of evidence
How to lose a war. Blame the IDF for doing its job.
Get real, Edifice. Cast Lead was a brutal attack on an empoverished civilian population. F16s, Merkavas, drones, Apaches and white phosphorus against children and old women. Fish in a barrel. The results speak for themselves.
IDF behavior has not changed. Israeli politicians still claim the right to kill civilians with impunity. Witness Mavi Marmara.
It's a first step and a brave one, just to admit that laws of war are not followed and it's a step in the right direction. Others should follow and hopefully every one soon will release that there is no way to only kill the right ones gently. Maybe this is the start of a journey to a non violent world, evan if it will take time it will be worth the effort for coming generations.
Unemployable creatures eager for limelight ,unchecked by disfunctional Barak
you're like a bad caricature of a rightest. do you have ANY views that deviate from fascist orthodoxy?
It is in the nature of organizations to refrain from exhibiting their flaws to outsiders; from BP, to Haradim committing sex offenses, to governments, the stratagem is well known and well documented. Therefore there should be no surprise that the IDF is also truant in this regard. If the military is beginning to react only now to the criticism of its Israeli critics, it is only because of the pressure being put on the government by the American and European allies that we have not yet offended sufficiently for them to lose what respect, (if any), we retain in their assessments of the excessive force used too often by the Israeli armed forces.
Israel would do well to keep in mind that hezbollah has 40,000 rocket and has said that it will start a war this summer. The moral of IDF must be kept high. If there has been wrong done by soldiers, those issues must be dealt with post-haste. Witch hunts and excessive interrogation will do nothing but harm to the troops. The motives of the inquisitors are equally suspect at a time like this. War is war. To quote Forrest Gump, "S**t happens!" Get over it and move on. World opinion is meaningless.
..."World opinion is meaningless" is arguably the very type of thinking that got Israel into the mess that the MESS Report so vividly describes.
"hezbollah ... has said that it will start a war this summer". No it didn't.
. . . that morale is higher in an army that is disciplined and committed to obeying the law.
what el pratt really means to say is that faith is all that matters. facts, opinions, reality, etc be damned. maybe el pratt is actually GWB
Maybe you will understand it better if I phrase it this way: Only YHWH's opinion counts for anything! Obadiah says it well in Chapter 1, verse 15: "Teh Lord's vengeance will soon fall on all Gentile nations.As you have do to Israel, so it will be done to you....But Jerusalem will become a refuge, a way of escape. Israel will reoccupy the land....For deliverers willl come to Jerusalem and rule all Edom." Enjoy!
as far as i am concerned it's all words for now, we'll see what happens during the next war.
that Goldstone et al were right. But don't say it too loudly
the finger of guilt: what goes round comes round
"In the meantime, it seems, Israel has paid the full price for its original position"... No, actually, the full price should have been the indictment of Barak, Livni and Olmert for instigating a war of aggression, and the cutting off of all military aid to Israel.
What have you been smoking? How is questioning 500 people over the course of a year and a half, during an investigation into alleged war crimes, an "astonishing statistic"? Is it that you are astonished that they bothered, or what? You must get astonished all the time. Does the sunrise shock you every morning?
Goldstone reported massive war crimes and was denounced as a traitor. 1,400 Gazans died. Now maybe some mid-level officers might get in trouble. "In the meantime, it seems, Israel has paid the full price for its original position without managing to reap any significant profits from its turnabout." I am just curious what the turnabout is. Shalom.
If Israeli soldiers act inappropriately it should be investigated and done so during the aftermath of the incident. Only in this way will the IDF discourage future violations. It brings no Israeli patriot pride to see our soldiers behaving immorally.
The real Ben Kahan--adores his fellow criminals in the idf. They rejoice in their mutual eggorts to rid the so called greater Israel of all goyim. Ben Kahan,s illegal presence in the illegal "Jews" only settlements is made possible by the presence of the IDF.
Where there is smoke, ther is fire.
It is close military zone for the press with fighting PKK in the area. Everything is occuring without any witness.Circulating news on the area is how many Turkish soldiers had been killed. But no information about how many Kursish seperatist dies. Don't worry in a year there will be stories about your fighting. Then We are going to talk about how moral your army is.
...going all the way back to the false prophet
all "prophets" are false. bring your mind to the 21st century
by commenting on prophet you are hurting 1.5 billion, and no one here talking about prophet....please do not divert the subject..its a brotherly request